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Legal Research
Review first-year legal research information: secondary sources, legislative and executive materials, case law, research process concepts.
41
Law
Graduate
03/28/2010

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Cards

Term
Slip Law
Definition
Generic term recently made law, separately issued in pamphlet form. Will generally have a unique number reflecting order in which it was passed and perhaps a popular name.
Term
Session Law
Definition
Slip law bound together in chronological order with other slip laws passed in the same session. Identical to slip laws, with the same numbering system. (EX: U.S. Statutes at Large.) Often used to trace the development of current law.
Term
Code
Definition
Compilation of current laws in force for a jurisdiction, arranged by topic. (Process of compiling = codification). Regularly updated as new laws are passed. (USC's official code set published every six years and kept updated with annual supplements.)
Term
Statute
Definition
A re-numbered session law fit into the topical scheme of its jurisdiction's code.
Term
Repeal
Definition
An existing code provision is removed by a new session law.
Term
Amend
Definition
An existing code provision has text inserted and/or removed by a new law.
Term
Annotated Code
Definition
Same as a code, with references to executive materials, cases, secondary sources related to particular sections. (EX: USCS) Usually published commercially.
Term
U.S.C.C.A.N. (United States Code Congressional and Administrative News)
Definition
Serial publication of new laws as passed by Congress.
Term
U.S. Statutes at Large
Definition
Chronological compilation of session laws passed by Congress, official, published yearly.
Term
Public Laws
Definition
Slip laws passed Congress. (federal)
Term
Positive Law
Definition
Authoritative text of a law when disputed between two sources. Generally the most recent publication. (EX: Slip law is positive over bill text, but publication of session laws will make session laws positive over slip laws, at least until code is updated.)
Term
Advance Session Laws
Definition
Monthly service that provide text of public and private laws, concurrent resolutions, presidential proclamations, published before the official version of session laws. (EX: USCCAN)
Term
Enabling Act
Definition
Statute / law that creates agencies, gives them powers, and limits those powers. (a.k.a. "organic act")
Term
Federal Register
Definition
Official source of proposed administrative rules and regulations at the federal level, published in chronological order, every business day (M-F). Includes agency regulations, presidential proclamations, Executive Orders, notices of meetings, proposed regulations, agency organizations and policy statements, regulator agendas, and records of agency hearings. Began with Federal Register Act of 1935.
Term
Code of Federal Regulations
Definition
Codification by subject of all final rules and regulations of the federal agencies currently in effect. Includes final regulations, certain presidential and executive documents, and Updated by monthly pamphlet List of Sections Affected, which cites to relevant pages of the Federal Register. Published in quarterly installments.
Term
Federal Register Index
Definition
Official monthly publication of consolidated table of contents for that month's issues, arranged by agency. Cumulative through the year, so that the December index is the official index for that year. Includes table converted page number (citation) to date (appears on spine.)
Term
CIS Federal Register Index
Definition
Commercial weekly publication, cumulated periodically with semiannual bound volumes. More thorough than official index.
Term
Research Process Summary
Definition
1.) Understand the assignment
2.) Develop a list of terms (TARP, etc.)
3.) Figure out the legal research issue
4.) Prepare a plan to conduct research and document
5.) Learn about the topic through secondary sources
6.) Find primary sources for the positive law from your jurisdiction (both mandatory and persuasive)
7.) Update your research
Term
Updating Tools (in general)
Definition
1.) Pocket parts and supplements
2.) Shepards / KeyCite / citators
3.) Online information not in print
4.) News on the subject or recent journal articles
Term
Primary Resources
Definition
Documents created by government bodies which have the force of law, including: cases, statutes, and regulations.
Term
Secondary Resources
Definition
Materials written about the law to assist our understanding of primary legal resources, including: study aids, hornbooks, encyclopedias, administrative and legislative materials, treatises, restatements and annotations.
Term
Encyclopedias
Definition
Comprehensive sets of books that provide a basic overview of broad areas of law. Useful for: introduction to a subject, quick answer to a question. Not useful for: extensive detail.
Term
Annotations
Definition
Series of books containing detailed articles about very narrow, specific points of law, with non-comprehensive coverage. (EX: ALRs). Useful for: exhaustive detail, survey of case law, major issues of a question.
Term
Periodicals
Definition
Magazines, journals, and other publications that come out periodically. Law reviews are published by law schools and have long, scholarly articles about new legal issues or recent cases. Good for: interesting angles on a legal issue, footnote citations. Not good for: practical information. See also: bar journals, newsletters.
Term
Treatises
Definition
Thorough, detailed, and practical discussion of a specific area of law, written by a expert in that area. Useful for: exhaustive detail, extensive footnotes. May vary by depth of coverage.
Term
Treatises
Definition
Thorough, detailed, and practical discussion of a specific area of law, written by a expert in that area. Useful for: exhaustive detail, extensive footnotes. May vary by depth of coverage.
Term
Restatements
Definition
Summaries of law written with the goal of distilling a legal subject into precise, concise statements, by the American Law Institute. Useful for: courts often adopt a Restatement view on a particular question, can be authoritative.
Term
Citators
Definition
Update primary legal authority: case law, statutes, constitutions, court rules, jury instructions, CFR, and even some secondary sources. Online: Shepard's and KeyCite.
Term
Cited Case
Definition
Case being checked in the citator for references.
Term
Citing Case
Definition
Case that refers to your case in the citator
Term
History
Definition
Describes what has happened to the cited case in the citator.
Term
Treatment
Definition
Describes how citing cases have dealt with the citing case in the citator.
Term
Search Logic
Definition
Terms and connectors that are used to formulate search strings, like Boolean operators and proximity connectors. Some engines allow word truncation and automatically retrieve singular/plural forms.
Term
Phrase Searching
Definition
Use to search for terms of art, proper names, or adjacent terms that you would normally expect for that issue. (Westlaw needs quotes, Lexis does not.)
Term
Westlaw Singular / Plural
Definition
Singular retrieves all forms, while plural only retrieves plural forms.
- # retrieves both singular and singular possessive.
- Singular possessive retrieves only that form.
- Pluralization retrieves irregular plural words, like "geese."
Term
LexisNexis Singular/Plural
Definition
System retrieves all forms by default.
- SING retrieves only singular forms
- PLUR retrieves only plural forms
- Pluralization does not retrieve irregular plural forms.
Term
Compound Words
Definition
Westlaw: Use of a hyphen will retrieve all forms of compound words.
LexisNexis: Does not have this feature, must use "or" and each form you want to search for.
Term
Acronyms
Definition
Westlaw: search for variations by separating letters with periods, no spaces. Does not retrieve acronym spelled out.
Lexis: Does not have this feature, must use "or" and all forms.
Term
Wildcards
Definition
Allow you to search for different forms of a word or variations in spelling:
- Root expanders: Will find variations of root word. EX: acquir!
- Universal characters: Represent a single character at any point in the term. EX: Wom*n
Term
Boolean Search Logic
Definition
AND = All the specified terms
OR = At least one of the specified terms
% = NOT, excludes documents with a particular word or phrase (Use NOT on Lexis)
Term
Boolean Search Logic
Definition
AND = All the specified terms
OR = At least one of the specified terms
% = NOT, excludes documents with a particular word or phrase (Use NOT on Lexis)
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