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Legal Research - OSU Steinke
Terms and Abbreviations
57
Law
Graduate
09/30/2010

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Cards

Term
Case Citation
Definition
"Party Names", Reporter Volume #, Reporter Abbreviation, Initial Page(Date of Decision)
Term
AmJur (full name, chars)
Definition
American Jurisprudence 2d -
West pub
References ALR & West's topic & key #s
Selected court case citation
Emphasis on Fed Stat Law
Few Footnotes, more narrative
Avail. Westlaw & Lexis
online - contains unique items not in print
organized and divided by topic
Term
C.J.S. (full name, chars)
Definition
Corpus Juris Secundum
West pub.
Focuses on case law - attempts comprehensiveness
West topic & key number references
ONLY ON WESTLAW
online - contains unique items not in print
Term
Finding Law Reviews (specific & citation)
Definition
Specific - legal periodical indexes; full txt search online
Citation - search title of journal in OSU catalog; Lexis or Westlaw; HeinOnline

check both systems/usually only go back to late 80s, early 90s
Term
HeinOnline
Definition
Retrospective collection of journals
PDF format
Term
Law Review Citation
Definition
Author, 'note' if student author, article title, volume number, abbreviated journal title, initial page number (year of publication)
Term
ALR (full name, chars, uses)
Definition
American Law Reports
ALR 6th (state topics) ALR Fed
annotated reporter
only Westlaw has new editions
overview of fairly narrow topics - current controversy
cross-jurisdictional survey
NOT analytical, critical, or as authoritative as other secondary sources
Term
Treatises (2 main types)
Definition
Scholarly
Practitioner
Term
Order of cases in Reporters
Definition
Chronological
Term
NRS (full name, chars)
Definition
National Reporter System
West Pub
attempts - all fed and state court decisions released for publication
editorial treatment of ea.
divided into: Federal & Regional (state cases)
Term
US Supreme Court Reporters & Abbreviations
Definition
U.S. Reports - Official (U.S.)
Supreme Court Reporter - (S. Ct.) (Part of NRS)
U.S. Reports, Lawyers Edition - (L. Ed 2d) - Lexis pub
Term
Supreme Court Opinion Citation
Definition
Parties, Volume, Reporter Abbreviation, Initial Page (date of decision)
Term
Federal Reporters
Definition
All part of NRS, slip opinion is official, no official reporter:
Federal Reporter (F., F.2d, F.3d) (select Court of Appeals)
Federal Appendix (F.App's) (unpub Court of Appeals-since 2001)
Federal SUpplement (F.Supp, F. Supp. 2d) (Select District Court)
Term
State case - cite to which reporter?
Definition
Relevant regional reporter
Term
Purposes of Citators
Definition
Validation - whether reversed, overruled, positive treatment
Research - finding similar cases (use depth of treatment, date, jurisdiction)
Term
Pros and Cons of Print v. Online
Definition
Print - indexes, table of contents
online - full text search, more up to date, no table of contents
Term
Traditional Sequence of Print publication
Definition
Slip Opinion
Advance Sheet
Bound Volume
Term
Ways to find case law
Definition

Secondary Sources

Print Digests

Full-text searching

Head notes & keynotes

citators

Term
2 types of published statutes
Definition
Session Laws
Codes
Term
Session Laws(char, advantage, disadvantage)
Definition
Arranged chronologically
Advantage - see act as originally passed
Disadvantage - can't tell current status, no subject searching
Term
Codes (chars, advantages)
Definition

arranged by subject

Amendments incorporated into text

Advantages - subject searching, see what law is currently

Term
2 Federal session law publications
Definition
US Statutes at Large - Official
USCCAN (US Code Congressional & Administrative News) - West
Term
USCCAN (full name, chars, citation)
Definition

US Code Congressional and Administrative News West pub

Publication of federal session law

pamphlets pub monthly - bound yearly

includes committee reports

citation - "Stat."

Term
US Statutes at Large (chars, 3)
Definition
current volumes contain prez proclamations, proposed and ratified constitutional amendments
Term
Public Law Citation (abbreviations, components)
Definition
"Pub.L." or "P.L." (or something similar
identification number assigned to the session law by the gov't
identifies which contress enacted the law
ex. Pub.L. 111-5
Term
Advantages of Annotated Codes (4)
Definition
annotations & many more editorial features reference case law that construe, interpret, or comment on code sections can reference other statute, AG opinions, or Secondary sources Helps to interpret statutes
Term
USC (full name, chars, location, citation)
Definition
United States Code
Official Version
Cite to this
available online - www.gpoaccess.gov (free)
No annotations or other editorial features
pub evry 6 yrs w/ annual supplements
citation - 42 U.S.C. § 4332 (yr book published)
Term
Annotated US Codes (names, publisher, citation)
Definition
USCA - United States Code Annotated - West - 17 U.S.C.A. § 1483 (West 2002)
USCS - United States Code Service - Lexis - 17 U.S.C.S. § 1483 (LexisNexis 2003)
Term
Annotations in USCA & USCS
Definition
historical & statutory notes (citations to original enactment and amendments)
cross-references to other code sections
references to CFR & publications of respective publishers
USCA has topic & key numbers
References to relevant court decisions
Term
Updating print USCA & USCS
Definition
pocket parts
quarterly supplements
USCA - advance pamphlets to USCCAN
USCS - advance service
Term
online USCA & USCS updating
Definition
check currency then advanced legislative service database
Shephards - will show citing cases & pending legislation, NO signals on docs
Keycite - show citing cases & pending legislation,
shows signals (red/yellow flags) on docs
Term
Updating State codes (print & online)
Definition
print - pocket parts, ALS (advanced legislative service) online - keycite & shephard's will have select coverage ALS databases
Term
How to Research in Paper Codes (6 steps)
Definition

subject index

secific volume

look at surrounding codes for context

look at definition section

check for updates in pocket parts

Term
How to research Statutes online (3 steps)
Definition
1. select appropriate database (check both westlaw & lexis, may not have anotations)
2. draft and run search, use index, or TOC
3. evaluate results - read statutory language, annotations, BROWSE adjacent sections, etc...
Term
Citing State Codes
Definition
look up in Bluebook r. 12 :)
Term
Federal Legislative History Docs (names, most & least persuasive)
Definition
Committee reports (MOST)
Committee Hearings & Debates (LEAST)
Presidential signing statements
Bill amendments, changes (diff versions)
Term
Federal Legislative history Sources in Print (6)
Definition

CIS (congressional information service) USCCAN Congressional Record (floor debates, not always transcript)

Committee reports

committee hearings(specific bills usually)

committee prints(various issues not specific legislation)

Term
CIS (full name, char, location)
Definition
Congressional Information Service
legislative history indexing & abstracting for selected public laws
avail on LexisNexis Congressional
Term
Congressional record
Definition
debates & actions
history of bills & resolutions table
Term
Committee Reports
Definition
most important part of legislative history (look here 1st)
prepared by congressional committees - very detailed explanation, may summarize opposition
found in USCCAN spotty back to 1940s, Lexis & Westlay 1990s +, CIS (most comprehensive)
Term
Info needed for Fed Bills (3)
Definition
Chamber Info - House or Senate
Bill Number
Congressional Session or year
Term
Thomas
Definition
104th congress+
publications - bill txt, congressional record, committee reports
links to congressional pages - committees, guides, directories
FREE
Term
GPO Access
Definition
began in 1993-gov printing office
focuses on legislative & exec - USC, CFR
FREE
Term
LexisNexis Congressional
Definition
content separate than reg LexisNexis
good for historical or current research
includes CIS
Term
State legislative history
Definition
depends, scarce, some on Westlaw & Lexis, state legislative websites
Term
Administrative Agencies (3)
Definition

Make rules & regulations

Adjudicate cases

Usually part of exec branch - legislature may create

Term
Regulations (3)
Definition
typically more detailed explanations of statute requirements
promulgated by agency to implement, administer, or enforce statue requirement
promulgated due to enabling statute
Term
enabling statute
Definition
gives agency authority to promulgate regulations and/or adjudicate cited in authority segment of CFR or Fed register
Term
Federal Register(chars, locations)
Definition
gpoaccess.gov
1st place regulation appears
published evry day
arranged chronologically
includes: hearing notices, exec orders & proclamations, PROPOSED reg, newly enacted reg
NO amendments
Term
CFR (name, chars 2)
Definition

Code of Federal Regulations

-codification of regulations that are Fed Register

-arranged by subject subject index

Term
Finding Fed Regulations(3 ways)
Definition
CFR - subject index, browse outline
USCA & USCS references
full-text search of CFR online - lexis, west, GPO
Term
CFR citation
Definition
Title #, C.F.R. section (date)
Term
fed reg citation
Definition
60 fed. Reg. 50,379 (sept. 29, 1995)
Term
Ways to update fed reg (6)
Definition
keycite on West/regulatory impact on Lexis
E-CFR (GPO)
list of sections affected - published monthly
search full txt of Fed Register -updated daily
GPO - CFR, e-CFR, LSA, & fed register online
use database info to determine currency
Term
Administrative Decisions (6 chars)
Definition
similar to court decisions - issued by agency
often decided by administrative law judge
appeals go to Fed District Courts
binding
inconsistent publication(agency sites, lexis & westlaw, commercially pub decisions, bluebook contains official list)
Term
Attorney General Opinions (importance, locations)
Definition
important at state level - advices state agencies and local gov on statute req'ments
published online, paper collections
find through annotated codes, digests, searching full-text online
Term
state administrative codes
Definition
not every state has one
some available on west, lexis or gov site
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