Term
| Legal periodicals - what do they publish |
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Definition
| publish articles on legal topics and have articles available on every legal topic. |
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Term
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Definition
| valuable for their depth of research, citation to many primary and secondary sources, in depth analysis of current legal issues, recently emerging areas of law. |
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Term
| Legal Periodicals - how are they used by the court |
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Definition
| the publications in them are used by the courts as secondary authority. |
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Definition
| scholarly periodicals published by law schools that present a comprehensive analysis of very specific topics. |
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Term
| Law Reviews - who writes them |
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Definition
| law professors, judges, practitioners, law students. |
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Term
| Law Reviews - what do they include |
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Definition
| notes and comments that are narrowly focused, thoroughly researched and extensively footnoted. includes recent developments. discuss recent cases and developments in the law like new statutes. include book reviews of recent legal publications. |
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Term
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Definition
| CLI, index for legal periodicals. |
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Term
| Index to Legal Periodicals |
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Definition
| ILP, index for legal periodicals that provides an index to the contents of most legal periodicals in the US, UK and most commonwealth countries. |
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Term
| Restatements of the law - definition |
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Definition
| secondary authority, clarifies and simplifies the law. |
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Term
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Definition
| ALI, founded to address 2 major defects in American Law: uncertainty and complexity. goal of ALI was to make law more certain and less complex. founders wanted to accomplish that goal by Restatements of the Law. |
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Term
| Uses for Restatements of the Law |
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Definition
| can refer to them when a specific legal term, principal or rule has not been defined in your jurisdiction. to look at the comments and reporters notes to find cases from other jurisdictions, to find other secondary sources interpreting the Restatement. can be used to locate authority to challenge existing law. |
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Term
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Definition
| provide the spelling, pronunciation and legal meanings assigned to terms used in the law. |
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Term
| 2 most well known legal dictionaries |
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Definition
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Term
| How do legal dictionaries differ from other dictionaries |
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Definition
| they cite the source of the definition (for example a treatise or court opinion), they include citations that are a research source for primary and secondary authority. |
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Term
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Definition
| multivolume set that provides the judicial definition of words and phrases. includes only terms that have been identified in federal and state court opinions. |
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Term
| Uses for Words and Phrases multivolume set |
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Definition
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Term
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Definition
| the record of the legislation during the enactment process before it became law. |
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Term
| Legislative History - composed of: |
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Definition
| committee reports, transcripts of hearings, statements of legislators concerning the legislation and any other material published for legislative use in regard to that legislation. is a secondary authoritative source sometimes relied on by court's when interpreting laws. |
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Term
| When is Legislative History considered |
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Definition
| only if the plain meaning of a statute is not clear or sections of the statute are internally inconsistent. if the meaning is clear that meaning will be applied by the court even if the legislative history indicates that the legislature intended a different meaning. |
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Term
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Definition
| includes the text of the bill, the majority's reasons for recommending the bill, an analysis of the contents of the bill and the minority's reasons for opposing the bill. the report clearly states the legislator's intent and is prepared by those who worked on the bill. for this reason committee reports are usually considered the most authoritative source of legislative history by the courts. |
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Term
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Definition
| published the records of the debates on a bill. can include explanations of provisions of the bill, the purpose of the bill and how the bill applies. |
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Term
| Uses of legislative history |
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Definition
| courts can resolve an issue on interpreting a law by looking at the legislative history because it can reveal the legislature's intent for a term, phrase and when/how the law applies. |
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Term
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Definition
| instructions for the court to follow when instructing the jury. published with the annotated statutes of that state. most states have an approved set of jury instructions. If not, you can find model jury instructions in several texts like Am. Jur. Pleadings and Practice Forms. |
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