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Legal research review
LRW
122
Other
Professional
11/15/2007

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Term
HOW ARE STATUTES UPDATED? ANNOTATED
Definition
Pocket Part
Pamphlet
Westlaw/Lexis
Finding statutes on Westlaw/Lexis is a bit of a pain. Updating is pretty easy
Term
How are statutes published?
Definition
Slip Laws
-chronological arrangement
- unbound
Session Laws
- chronological arrangement
- bound
Codes
- subject arrangement
- numerical scheme puts laws in subject order
Term
What are statutes
Definition
Enacted by the U.S. Congress
Enacted by the State legislature
Term
Codes official and unofficial
Definition
Unofficial usually annotated, official usually unannotated
Term
USCA: Examples of editorial enhancements
Definition
Historical Notes
Cross References
Library References
West Electronic Research
Notes of Decisions
Term
Statute Access Points
Definition
General Index
If you only know the topic or subject
Table of Contents - browse through subjects
Popular Name Table - i.e Americans with disabilities act
Conversion Table - from slip law or session law number to code section.
Term
HOW DO YOU BEGIN THE PROCESS OF RESEARCH?
Definition
Analyze the Facts. Identify the Issue. Generate search terms, synonym, and terms of art use to find authority. Remember to Ask Librarian
Term
What good do search terms do you?
Definition
Indexes and tocs
Term
Primary authority?
Definition
the law
Term
Secondary Authority
Definition
about “the law
Term
Search terms?
Definition
parties/relationships; places/things; claims/defenses; relief.
Term
How to expand search terms?
Definition
synonyms and broader or narrower terms
Term
ALRs: What Are They?
Definition
Non-comprehensive. Used as jumping off point.

survey of a legal issue
thoroughly researched
treatment across jurisdictions
many case citations
Term
When to Use ALRs?
Definition
Find a survey of a legal issue
Across jurisdictions
Differing fact patterns
Term
Current ALR publication?
Definition
A.L.R. 3rd – 6th (State)
1969 to date
A.L.R. Federal 1st-2nd (Federal)
1969 to date
Term
Finding ALR Annotations?
Definition
ALR Indexes
Quick Index (one volume)
Multi-volume index
ALR Digests
Online
Lexis & Westlaw
Citators (Shepard’s & KeyCite)
Term
Update ALR index?
Definition
Updated by pocket parts: don’t forget to update index too
Term
What search engine for ALR's?
Definition
Westlaw
Term
What Are Restatements?
Definition
Codification of the Common Law
Term
When to use Restatements?
Definition
Well organized discussion of the law

When primary authority is adverse, can use to suggest what the law should be
Term
ALR comprehensive index?
Definition
First Series has one volume comprehensive index

All other series, search the index for that particular restatement
Term
What to use to search restatements?
Definition
Index, Table of contents
Term
Updating Restatements?
Definition
Pocket Parts to Restatement & Appendix volumes

Interim Case Citations
Term
What cases get published?
Definition
Appellate court and supreme court cases get published.
Term
Research general to specific...so?
Definition
Secondary to primary
Term
Secondary authority leads you to primary authority, then?
Definition
Update
Term
Does a court have to follow primary authority?
Definition
Mandatory authority the rules/statutes/opinions that the court MUST follow. A Missouri appellate court must follow the rulings of the Missouri supreme court.
Term
Name three types of primary authority?
Definition
Cases
Statutes
Regulations
Term
Name four types of secondary authority?
Definition
Restatements
Treaties
Encyclopedias
Law Reviews
ALR
Term
HOW IS THE JUDICIARY GENERALLY STRUCTURED?
Definition
A Hierarchy -

Supreme Court
Intermediate Appellate Court
Trial Court
Term
WHAT TYPE OF DOCUMENTS ARE GENERATED BY THE JUDICIARY?
Definition
Opinions
Term
HOW ARE Opinions PUBLISHED?
Definition
Reporters
Term
WHAT IS THE DIFFERENCE BETWEEN AN OFFICIAL AND AN UNOFFICIAL REPORTER?
Definition
The official reporter is published by the government. The unofficial reporter is published by a private publisher.
Term
WHAT IF THERE IS A DIFFERENCE BETWEEN A PUBLISHED AND AN UNPUBLISHED OPINION?
Definition
In the event there is a difference between the official and the unofficial, the official controls.
Term
HOW ARE OPINIONS CITED?
Definition
Vol number. Abbreviation indicating which reporter. Page number.
Term
IF YOU WERE GIVEN 200 S.CT. 345, WHAT DOES EACH ELEMENT OF THE CITE MEAN?
Definition
200=vol number. S.Ct. =reporter name. 345=page number.
Term
WHAT IS A PARALLEL CITE?
Definition
The same opinion published in a different reporter.
Term
WHAT IS MEANT BY JURISDICTION?
Definition
A geographic area in which a governmental entity holds power.
Term
WHY IS JURISDICTION IMPORTANT?
Definition
It determines whether primary authority is mandatory or merely persuasive.
Term
WHAT IS A DIGEST USED FOR?
Definition
To find case authority.
Term
WHAT ARE TOPIC OUTLINES?
Definition
The law arranged in a table of contents format at the beginning of each topic.
Term
WHAT ARE TOPIC AND KEY NUMBER?
Definition
Building block of major indexing system devised for American case law. They topic and key number taken together provide a unique identifying number given to a specific point of law
Term
WHAT ARE HEADNOTES?
Definition
Brief summaries of legal rules or significant facts in a case that precede the printed opinion.
Term
WHAT ARE DIGEST PARAGRAPHS?
Definition
Within each digest category the digest paragraph provides summaries of points of law from cases that discuss that particular subject
Term
WHAT IS THE TABLE OF CASES?
Definition
List of cases arranged alphabetically by case names with citations and list of the topics and key numbers appearing in the headnotes to the case.
Term
WHAT IS THE DEFENDANT PLAINTIFF TABLE?
Definition
A case table in which the defendant’s name comes first in alphabetical order.
Term
WHAT IS THE DESCRIPTIVE WORD INDEX?
Definition
Subject index of a digest. A term of art
Term
HOW IS THE DIGEST UPDATED?
Definition
Pocket-part, interim pamphlets, (closing tables), advance sheets (mini-digests)
Term
WHAT IS MEANT BY A CHRONOLOGICAL ARRANGEMENT (statutes)/
Definition
Organizational scheme by date of passage
Term
What are Slip Laws
Definition
Separately issued pamphlets containing the text of one legislative act.
Term
What are Session Laws
Definition
Permanent publication (bound form) in chronological sequence of the slip laws enacted during a legislative session
Laws of Illinois
Laws of Missouri
Term
WHAT IS MEANT BY A CODE
Definition
Publication of the public statutes of a jurisdiction in a topical arrangement. Each subject is usually referred to as a title. Federal government uses fifty titles.
Term
What is meant by a Revised Code
Definition
A compilation of statutes in the order and wording originally passed by the legislature with temporary and repealed acts deleted.
Term
What is meant by an Annotated Code
Definition
A commercially published statutory compilation arranged by broad subjects often called titles that contain editorial enhancements such as administrative code sections, encyclopedias, law review, treatises, and notes to judicial/administrative decisions after the actual text of the statute.
Term
HOW ARE STATUTE INDEXED?
Definition
Subject
Popular Name
Term
WHAT ARE CONVERSION TABLES
Definition
Cross reference between session law cite to code cite.
Term
HOW ARE STATUTES UPDATED (STATUTE)
Definition
Pocket Part
West’s Illinois Legislative Service. Advance Session Law publication.
Westl/Lexis
Web
Term
WHAT IS STARE DECISIS?
Definition
According to the principle of stare decisis, courts follow previously decided case or precedents on the same legal principle. Similar situations are treated similarly.
Term
What does stare decisis mean?
Definition
to stand by things decided
Term
WHAT IS RATIO DECIDENDI?
Definition
The holding or principle of law upon which the case is decided
Term
WHAT IS DIRECT HISTORY?
Definition
History of that case; those parties, those facts, on appeal or as decided by a lower court.
Term
WHAT IS INDIRECT HISTORY?
Definition
indirect history is how other courts have treated your case.
Term
WHY USE A CITATOR
Definition
Update
Direct History of the Case
Research
Indirect History
Check subsequent and prior history
Check negative cases
Are they in your jurisdiction?
Are they mandatory of persuasive authority?
Are they distinguishable from your case?
Find other citing case which may bolster your case
Term
What are signal indicators Lexis?
Definition
Red Stop Sign = Warning – contains strong negative history or treatment of your case

Orange square with a “Q” inside –questioned, validity questioned by citing cases

Yellow Triangle = Caution – contains history or treatment that may have a significant negative impact on your case (e.g., distinguished, limited or criticized, but not overruled or reversed.)

Green Diamond with Plus Sign = True Positive – contains history or treatment of your case that has a positive impact on your case (for example, affirmed)

Blue circle with A = Cited and Neutral Analysis indicated – contains treatment of your case that is neither positive or negative (for example, explained).

Blue circle with I = Citation Information Available – citing references are available for your case, but do not have history or treatment analysis (e.g. law review citations)
Term
What are signal indicators? Westlaw.
Definition
RED FLAG
Case is no longer good law for at least one of the issues included
Statute has been amended or repealed

YELLOW FLAG
Case has some negative history but has not been directly reversed or overruled
Statute has pending legislation which may affect it

BLUE H
Case has some history, no known negatives

GREEN C citing references but no direct or negative indirect history
Term
Treatment Stars Westlaw
Definition
1 star - - which is usually just a string citation
2 stars – less than a paragraph
3 stars – discussion more than a paragraph
4 stars – extended discussion – more than a page.
Term
ENCYCLOPEDIAS Entry points? (CJS OR AMJUR)
Definition
Index
Table of Contents Tables
Term
What is best legal encyclopedia?
Definition
One for your state
Term
Encyclopedia updating procedure?
Definition
Legal developments volume
Term
AM JUR v. CJS?
Definition
AM JUR has more coverage on statutory law.

AM JUR no comprehensive summary of state rules
Term
State legal encyclopedias?
Definition
Includes many more cites to statutes than Am.Jur. & C.J.S.
Term
Advantages to Using Encyclopedias on Lexis & Westlaw?
Definition
Terms & Connectors Searching
Browse the Table of Contents
Hypertext links to cited sources
Term
Disadvantages to Using Encyclopedias on Lexis & Westlaw
Definition
Cost of searching online
Fewer access points (e.g., no subject index online)
Harder to browse online (i.e., harder to flip back and forth through “pages”)
Term
WHY ARE STATE ENCYCLOPEDIAS IMPORTANT?
Definition
Contain references to state statutes & are much more detailed than general encyclopedias
Term
Why are periodicals good?
Definition
Good source of background information on legal topics that are new to you.

Can use to find cases and/or statutes.

Developing/New areas of law
Term
What to consider with periodicals?
Definition
Student author or well known scholar in the field?

Scholarly point of view, not necessarily followed by the courts
Term
Two primary indexes to legal periodical materials
Definition
LegalTrac and Index to Legal Periodicals.

Both index online since early 1980s-Present, ILP indexes from late 1800's
Term
What is the difference between a law journal and a bar journal?
Definition
Legal periodicals contain articles about law and law-related subjects and normally fall into one of the following categories: Law school reviews; specialized and scholarly journals; bar association journals; commercial journals in specialized fields; and legal newspapers.
Term
How do access legal periodicals?
Definition
Articles in periodicals are generally accessed through indexes.
Term
What kind of information do you need to locate an article?
Definition
To find an article in the library you will need the complete title of the periodical, volume number, page(s) of the article, author, and the title of the article.
Term
What two on-line computer services can be used to search for legal periodicals?
Definition
Lexis and Westlaw
Term
What is an advantage of using the two on-line search engines for periodicals?
Definition
The advantage of these computer services is that the entire text may be searched for any word that appears in the article.
Term
What are the differences between the two on-line search engines?
Definition
Lexis contains the full-text of entire law journals starting in 1982 while Westlaw is selective in its coverage, containing articles which its editors feel are of special interest; the articles in Westlaw come from a larger number of periodicals.
Term
Where would you find the most recent edition of a legal periodical in the Library?
Definition
When first received virtually all legal periodicals are in an unbound paperback form. These unbound issues are shelved behind the Reserve Desk on the 4th Floor.
Term
What are American Law Reports
Definition
Reports selective cases.
Term
Where are the ALR annotations located in the library? How did you determine the location of the ALR’s?
Definition
2nd Floor and the Quick Index can be found at the reserve desk.
Begin with the On-line catalog. Look up ALR by title.
Term
Who writes ALR annotations?
Definition
Lawyers
Term
What kind of cases do the ALR annotations cover?
Definition
The annotations cover timely and/or controversial opinions
Term
What does a typical annotation cover?
Definition
A typical annotation covers a leading case, summarizes related cases and reviews how the issue is settled in different jurisdictions.
Term
Why are ALR annotations useful?
Definition
An ALR is not authority. At the beginning of a research project, ALR’s provide a general overview or survey of a topic; identify the leading cases in your jurisdiction and refer to other secondary sources that may be helpful.
Term
Are ALR annotations mandatory or persuasive authority?
Definition
ALR annotations are not mandatory authority; but they help in the search for mandatory authority.
Term
How is the ALR Series Organized?
Definition
ALR 4th (1980-1992)
ALR 5th (1992- )
ALR Fed (1969- )
Term
Elements of ALR?
Definition
Total Client Service Library
Article Outline
Article Index
Table of Jurisdictions
Related Matters
Article
Term
What are the elements of an ALR?
Definition
Total Client Service Library
Article Outline
Article Index
Table of Jurisdictions
Related Matters
Article
Term
What indexes are available for ALR’s?
Definition
Quick Index
ALR Index (6 vol.)
ALR Federal Quick Index
Term
How is the ALR index organized?
Definition
The ALR index lists in alphabetical order all the topics listed in the 2nd thru 5th Editions and the Federal Series.
Term
How are Alr’s Updated?
Definition
ALR Index. Table of Laws Rules and Regulations. Annotation History Table (list of annotations that have been superceded or supplemented).

ALR 3d, ALR 4th, ALR 5th, ALR Federal. Pocket Parts. Latest Case Service (Call 800 225-7488 for cases published subsequent to pocket part).
Term
What is the proper format to cite an ALR ARTICLE? Explain the elements of the citation.

Robert Roy, Annotation, Vegetation, Boundaries, Encroachment Of Trees, Shrubbery, Or Other Vegetation Across Boundary Line, 65 ALR4th 603 (1988)

26 ALR3d 6 ?
Definition
Author, Annotation, volume, series, page


3 series of ALR, Volume 26, Page 6.
Term
What organization publishes the Restatements?
Definition
The American Law Institute.
Term
What is the purpose of the Restatements?
Definition
The Restatements are an attempt to present a clear and precise restatement of common law rules in broad subject areas such as Contracts, Torts, Property, etc.
Term
How are individual Restatements organized?
Definition
By chapter, topics and numbered sections.
Term
What information does an individual section contain?
Definition
It contains the statement of the principle (“The Black Letter Rule”) or rule, comments, illustrations, reporter’s notes and case annotations.
Term
Do Restatements refer to specific statutes?
Definition
Restatements may cite statutes. They may explain how a statute affects a Restatement rule or how courts have interpreted a statute in light of the statute.
Term
Are Restatement illustrations actual cases?
Definition
No, they are hypothetical situations.
Term
How are individual Restatements updated?
Definition
Pocket parts provide the updates.
Term
What editorial enhancements are contained in the noncumulative appendix volumes for the individual Restatements (2nd and 3 rd Editions)? How are they useful?
Definition
Annotation of cases citing Restatement sections.
Cross-references to West’s key number system and American Law Reports (ALR).
Reporter’s notes.
Term
Where in the library are the Restatements located?
Definition
At the Reserve Desk and on the 2nd Floor.
Term
Where can you access the Restatements online?
Definition
Lexis Westlaw
Term
Are Restatements considered to be primary law?
Definition
No, but due to the prestige of the ALI, and its painstaking drafting and adoption process, Restatements are considered persuasive authority by many courts. Numerous Restatement sections have become primary law when a court or legislature has adopted its language. As of March of 1999, courts had cited Restatement sections 144,629 times. The most heavily cited were the Restatement of Torts and the Restatement of Contracts.
Term
Why are proposed or tentative drafts of the Restatements helpful?
Definition
These drafts demonstrate the various changes in thinking regarding common law and legal trends. The drafts are similar to a legislative history because they show how the official version developed and what changes were
Term
When is it best to use a treatise?
Definition
To get background information on a new subject.
Term
What are some variables to consider when deciding to use a treatise?
Definition
Date of publication, reputation of author(s), number of footnotes, reputation of
Publisher.
Term
Name two access points for a treatise.
Definition
Table of contents, index
Term
How are paper treatises updated?
Definition
Usually a pocket part…when pocket part becomes too large a supplemental volume
Term
ONLINE LIBRARY CATALOG WHAT ARE SOME ACCESS POINTS
Definition
Key Words
Subject
Title
Author
Author /Title
Public Law Number
Library of Congress Call Number
Government Document Number
OCLC Number
ISBN or ISSN Number
LC Call numbers
Term
Checklist for case research
Definition
Select print digest
Find topic and key number
Read case summaries
Update print research
Pocket Part
Pamphlet
Closing Table
Mini-digest

---

-Formulate search terms and search
-Use custom digest feature or search advisor to search by subject
Term
When to use different digests
Definition
Federal - For federal cases
To supplement research done in regional digests

State digests- to reseach state and federal from within an individial state

Regional to locate state from an individual state and federal from surrounding jurisdictions.
Term
General digests are?
Definition
Summeries of all state and federal cases from all jurisdictions
Term
Wests fedeal digest includes?
Definition
summaries of all cases from federal courts

Wests sureme court digest contains summaries of cases the supreme court
Term
How to use citator
Definition
Enter citation, in sheperds choose complete or restricted in Westlaw enter citation and review history to determine whether case is still good law
Term
Checklist for electronic legal research?
Definition
Select source
consider cost and coverage
Select search technique
citation
table of contents
searching by subject
conducting a word search
Select a catagory of information to search and review results
search narrowist catagory that contains the information you need
browse documents
refine word search
add subtract terms
change proximimty conectors
add or subtract field segments
Reasearch effectivly in westlaw and lexis
westlaw - use term funtion
browse full document in Full or Kwic
cite

Plan research in advance
Use research assistance
Execute searches to account for billing structure
Determine charges for printing or downloading information
Term
Publication process for federal statutes?
Definition
Slip law indiviually at time of passing

Then published chronoligically in session law at the end of each session

Then organized into the code by subject
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