Term
| What are the three GA court levels? |
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Definition
1. Georgia Supreme Court
2. Georgia Court of Appeals
3. Trial Courts |
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Term
| What are the reporters for the GA Supreme Court? |
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Definition
Official - Georgia Reports (Ga.)
Unofficial - West's South Eastern Reporter (S.E., S.E.2d) |
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Term
| What are the reporters for the GA Court of Appeals? |
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Definition
Official - Georgia Appeals Reports (Ga. App.)
Unofficial - West's South Eastern Reporter (S.E., S.E.2d) |
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Term
| What are the reporters for the GA Trial Courts? |
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Definition
Official - none
Unofficial - some may be found in West's South Eastern Reporter (S.E., S.E.2d) |
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Term
| What are the three Federal Court levels? |
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Definition
1. U.S. Supreme Court
2. U.S. Courts of Appeals
3. U.S. District Courts |
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Term
| What are the reporters for the U.S. Supreme Court? |
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Definition
Official - U.S. Reports (U.S.)
Unofficial:
1. Supreme Court Reporter (S.Ct.)
2. U.S. Supreme Court Reports, Lawyer's Edition (L.Ed., L.Ed. 2d) |
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Term
| What are the reporters for the U.S. Courts of Appeals? |
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Definition
Official - none
Unofficial - Federal Reporter (F., F.2d., F.3d.) |
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Term
| What are the reporters for the U.S. Distric Courts? |
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Definition
Official - none
Unofficial - Federal Supplement (F. Supp., F. Supp. 2d.) |
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Term
| How do you update cases in print? |
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Definition
1. Slip Opinions
2. Advance Sheets - found at the end of the reporter set; discarded when bound volumes arrive |
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Term
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Definition
1. State digests
2. Regional digests
3. Federal digests
4. Subject specific digests |
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Term
| What do state digests contain? |
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Definition
1. State cases and summaries
2. Federal case summaries from courts within that state |
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Term
| What do regional digests contain? |
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Definition
1. No federal
2. Cases and summaries for all states within that region |
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Term
| What do federal digests contain? |
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Definition
| Includes cases from ALL federal courts. (ex. Federal Practice Digest) |
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Term
| How do you find cases with a digest? |
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Definition
1. Look it up by topic - select the right volume for your topic, review the topic analysis at the beginning of your topic to find relevant key numbers
2. Start with a known case - find cases in headnotes and use the topic and key number to find other cases
3. Descriptive Word Index - use search terms to find topic and key numbers; words arranged alphabetically
4. Table of Cases - locate topic and key numbers by looking up known cases
5. Words & Phrases - find cases that interpret legal words and phrases |
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Term
| What are some other digest features? |
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Definition
1. Topic Analysis - outline listing all key numbers for that topic
2. Descriptive Word Index - use search terms to find topic and key numbers
3. Table of Cases
4. Words & Phrases - find cases that interpret various legal words or phrases |
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Term
| How do you update a digest? |
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Definition
1. Look in your pocket parts.
2. Check supplemental pamphlets (pocket parts that have gotten too big).
3. Look in the closing table (tells you what cases it covers). |
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Term
| How do you use a digest on Westlaw? |
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Definition
1. Click on key number.
2. Click on West Key Number Digest Outline.
3. Select a topic, expand the tree, and find the key numbers.
4. Or you could type in the topic and key number in the box if you know it.
5. Go to custom digest and select the appropriate jurisdiction. |
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Term
| How do you use a digest on Westlaw Next? |
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Definition
1. From a case, change view so that you can see the topic and key numbers.
2. Click on the topic and key number, and it will take you to the custom digest.
3. Click on change to select another jurisdiction and then search within results to filter. |
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Term
| Where could you find slip laws? |
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Definition
1. There are no slip laws in GA, but you can go online and read a statute once it becomes law.
2. Federal - There are slip laws, and you can find them at FDSYS or in print at libraries designated as U.S. Government Depository Libraries. |
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Term
| Where can you find session laws? |
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Definition
1. State - Georgia Laws (official)
2. Federal - U.S. Statutes at Large (official); USCCAN United States Code Congressional & Administrative News (unoffical) |
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Term
| Where can you find statutes (codes)? |
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Definition
1. GA - official is O.C.G.A, unofficial is West's Code of Georgia
2. Federal - offical is U.S.C., unoffical are U.S.C.A. and U.S.C.S. |
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Term
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Definition
1. Find private, local, and special laws that are not codified.
2. Find the exact language of a statute as passed.
3. Historical Research - look up the original enactment or other versions of a statute chronologically |
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Term
| What is the difference between an official code and an unofficial code? |
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Definition
1. Official Code - published by or under the authority of the state
2. Unofficial Code - not published by or under the authority of the state, usually by a private publisher |
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Term
| What is the difference between Annotated and Unannotated codes? |
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Definition
1. Annotated - give references to cases interpreting the statute, related administrative regulations, & secondary sources discussing the statute; most unoffical codes are annotated
2. Unannotated - contain only the statute as passed by the legislature.
**In GA, both the offical and unofficial codes are annotated.
***Federal - USC (official) is not annotated; both the USCA and USCS (unoffical) are annotated |
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Term
| What could you find in an annotated code? (use U.S. Code) |
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Definition
1. Historical Notes
2. Cross References
3. Library References
4. Code of Federal Regulations (CFR) References
5. Law Review Articles
6. Notes of Decision
7. Attorney General Decisions |
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Term
| What are the general features of codes? |
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Definition
1. General Index
2. Table of Contents - found at the beginning of each chapter
3. History Lines - appear at the end of the section; give the legislative history
4. Popular Names Table - In OCGA, it is called the "Short Title Index" |
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Term
| If there is no alternate date of enactment in GA, what is the date of enactment? |
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Definition
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Term
| How do you read a federal law? Pub.L 91-513 |
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Definition
Public Law:
Passed by 91st Congress
513th law passed |
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Term
| How do you update statutes/codes? |
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Definition
1. Check the pocket part.
2. Check the Interim Update Service.
3. For very recent legislation, look at the slip laws on Westlaw, Lexis, or in print. |
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Term
| Where can you find state regulations in print and online? |
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Definition
1. Print - The Official Compilation of the Rules and Regulations of the State of Georgia
2. Online - at the Secretary of State website |
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Term
| What would you find in the authority section of the CFR? |
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Definition
| 1. Enabling statute or executive order that authorized the regulation |
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Term
| How would you upddate the CFR? |
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Definition
1. With the LSA (list of CFR sections affected)
2. Check eCFR online at FDSYS |
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Term
| What are two main reasons to use citators? (KeyCite and Shepard's) |
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Definition
1. To determine the history and treatment of the case. A court can reverse the case on appeal or overrule a case.
2. To find additional cases and non-case law materials which cite to your case.
**You can also use a citator for statutes and secondary sources. |
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Term
| How do you shepardize a case? |
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Definition
1. Click on the Shepard's tab.
2. Enter the citation.
3. Click "check." |
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Term
| How do you keycite a case? (on Westlaw and Westlaw Next) |
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Definition
Westlaw - click the Keycite link or enter citation in the citation box.
Westlaw Next - type the case citation in the main box and click search. |
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Term
| What does a Shepard's report contain? |
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Definition
1. Prior History and Subsequent Appellate History
2. Summary Report which contains links to sources that cite your case including law review articles, Lexis headnotes, etc.
3. Citing Decisions (Analysis) - an overview of all citing decisions (Citing Decisions are organized by court and then in reverse chronological order.)
4. Other Sources - non-caselaw citing references such as statues, law review articles, secondary sources, treatises, and limited briefs that cite to your case
5. Lexis Headnotes
6. Table of Authorities |
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Term
| What does a Keycite report contain? |
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Definition
1. Depth of Treatment Stars (or Bars) - the number of green stars on a Keycite display indicates the depth of discussion given to a case by a citing case.
2. Graphical Keycite - chart of the appellate history of the case
3. Full History includes Direct History and Negative Citing References.
4. Citing References - list includes negative and positive case treatment followed by non-case-law references;
negative cases are listed first then positive cases.
5. West Headnotes and topic and key number searching.
6. Table of Authorities |
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Term
| How can you limit or restrict your Shepard's report? |
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Definition
1. Click on links found on the Summary Report.
2. Use Focus Restrict By (includes analysis, focus, jurisdiction, headnotes, date)
3. Use All Neg or All Pos |
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Term
| How can you limit or restrict your Keycite report? |
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Definition
1. Click "Limit KeyCite Display."
2. Select one or more categories (includes headnotes, locate, jurisdiction, date, document type, depth of treatment).
3. Click "apply." |
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Term
| How do you check the currency of each database? |
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Definition
1. Westlaw - click on currentness
2. eCFR - red banner which gives current date
3. Lexis - currentness is given at the top of statutes
3. Lexis |
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Term
| How do you develop a search query? What does TARC mean? |
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Definition
T = Terms - generated by your research issue (e.g. doctor)
A = Alternatives - (e.g. physician or surgeon)
R = Roots - root expanders
C = Connectors |
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Term
| What are the common root expanders (in TARC)? |
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Definition
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Term
| What are common proximity connectors? |
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Definition
1. /s - in the same sentence, any order
2. /p - in the same paragraph, any order
3. /n - within a certain number of words, any order |
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Term
| When should you use AND in a search? |
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Definition
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Term
| What are the Boolean connectors? |
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Definition
1. AND - finds words that must appear somewhere in the same document; useful for segment searches
2. BUT - there may be no relevancy between these two terms connected by “and” - the end result may be too broad and the documents retrieved may be irrelevant
3. OR |
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Term
| Why would you use segment and field searches? |
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Definition
| Segment searches can be very precise. They allow searches that target one specific part of a document, such as attorney name, judge, words and phrases, docket number, etc. |
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Term
| Name five secondary sources. |
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Definition
1. Legal Encyclopedias
2. Legal Periodicals
3. Treatises
4. Restatements
5. American Law Reports (A.L.R.) |
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Term
| What can be found in legal encyclopedias? How can you use them? |
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Definition
| Broad scope of topics; general overview; no analysis; rarely cited. |
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Term
| What can be found in legal periodicals? How can you use them? |
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Definition
| Law reviews, practitioner's journals, thorough treatment of specific issue; frequently by an expert; may address undeveloped areas. |
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Term
| What can be found in A.L.R.s? How can you use them? |
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Definition
| Topics derived from appellate cases by West editors; discusses discrete legal issues; summarizes relevant cases from many jurisdictions; some analysis or commentary; references to other sources |
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Term
| What can be found in treatises? How can you use them? |
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Definition
| In depth treatment of single subject; good overview and analysis; some very authoritative. |
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Term
| What can be found in restatements? How can you use them? |
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Definition
| American Law Institutes (ALI); restate the common law; very authoritative; may become primary law if adopted by a jurisdiction’s appellate court. |
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Term
| What are various types of legal encyclopedias? |
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Definition
National: AmJur, CJS
State Encyclopedias: Georgia Jur |
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Term
| What do state encyclopedias cover? |
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Definition
Covers the law in that state only.
Provides a short explanation of the point of law. May lead to primary authority. References to statutes, cases, regulations, attorney general opinions. Also will refer to other secondary sources. |
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Term
| What tools can you use to find information in Georgia Jurisprudence? |
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Definition
1. General Index
2. Volume Index
3. Table of Cases
4. Table of Statutes and Rules |
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Term
| What is the difference between most official and unofficial court reporters? |
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Definition
| Unofficial court reporters generally contain editorial enhancements. |
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Term
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Definition
| A copy of an individual act, as passed |
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Term
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Definition
| Chronological publication of laws passed by a legislature during a specific session. They contain no annotations. |
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Term
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Definition
| Set of statutes currently in effect in a jurisdiction, organized by topic |
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Term
| Where can you find federal regulations in print and online? |
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Definition
Print:
1. Federal Register - all executive branch documents including proposed and final; published every day; all notices arranged chronologically
2. Code of Federal Regulations (CFR)-Codified final regulations and some Presidential Documents
Online - www.FDsys.gov (FDSYS) |
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Term
| How would you find a regulation in the CFR? |
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Definition
1. Start with the CFR Index.
2. Parallel Table of Rules & Authorities
3. Table of Contents - Review it for the part of the volume you are researching
4. Authority Line - find additional information here, including the enabling statute or executive order that promulgated the regulation
5. History Line - has citations to the Federal Register
6. Update with the LSA - has a list of CFR sections affected (List of Sections Affected)
7. Check eCFR online |
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Term
| What is the difference between Lexis and Westlaw when it comes to a terms and connectors search? |
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Definition
Lexis - phrase searching is automatic so no need to use quotes; if you have several words and do not put connectors between them, Lexis reads it as a phrase
Westlaw - use quotes around phrases; if there are no connectors or no quotes around phrases, Westlaw automatically puts OR between each word |
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