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Definition
Federal Reporter (F. 2d; F.3d)
Federal Appendix
- F. Appx. |
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| Official Case Reporter (US Supreme Court) |
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Definition
United States Reports
-only federal court opinions of the US Supreme Court.
-If you are citing supreme court case, must cite from this source. |
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| Unofficial Case Reporters |
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Definition
Supreme Court Reporter (West)- (S. Ct.)
US Supreme Court Reports, Lawyer's Edition
(L. Ed., L Ed.2d) |
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Definition
| Arkansas, Kentucky, Missouri, Tennessee, Texas (S.W., S.W.2d) |
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| Georgia, NC, SC, VA, WV - (S.E., S.E.2d) |
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Connecticut, Delaware, D.C., Maine, Maryland, N.H., N.J.m Penn, RI, Vermont
- A.2d |
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Definition
Alabama, FL, Louisiana, Mississippi.
- So. So.2d |
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Definition
IL, Indiana, Massachusetts, NY, OH
- N.E., N.E.2d |
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Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington, Wyoming.
- P., P.2d, P.3d |
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Definition
Iowa, MI, MN, Nebraska, ND, SD, WI
- N.W., N.W.2d |
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| United States District Courts |
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Definition
| Wests Federal Practice Digest- best place to start looking for federal cases |
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| Digest- most comprehensive coverage |
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Definition
West's General Digest
- Covers cases from 2004 - present
11th decennial Digest = earlier cases |
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Definition
| Are avaiblable in the Federal Appendix- pre-presidential decisions not binding. |
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Definition
Organized by subject matter into what is called a "code"
Codes are published by jurisdiction |
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Definition
Contains all the federal statutes
Also includes text of US Constitution. |
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Definition
| New statutes-Each public law is published in a seperate booklet or pamphlet as it was passed by congress. |
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Definition
Slip laws are compiled togehter in chronological order
compiled into US Statutes at Large |
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Definition
U.S.C.
-Published every 6 years
-No pocket Parts
-Yearly supplemental volumes
-Has no annotations, |
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Definition
Federal Laws
United states code Services USCS
-Lexis
United states code annotated USCA
-West |
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Term
| Federal Code Organization |
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Definition
Organized into titles
-50 titles in the federal code, each title covers a different subject area. |
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Definition
Daily publication reporting the activites of the executive branch of the governemnt
-new volume published every year. |
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Definition
Best known for its comprehensive database of legal periodicals.
-directory of compiled histories from Prof. Johnson's boook, "sources of compiled legislative histories." |
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Term
| Uniform laws and procedures |
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Definition
proposed statutes that can be adopted by legislature
-secondary sources unless adpoted by a legislature
-Uniform Laws Annotated, ULA |
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Term
| Code of Federal Regulations (CFR) |
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Definition
After being published n the Fed. Reg., they are codified in the CFR.
-Divided into 50 titles
Updated once a year in 4 seperate installments
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Definition
| GPO access is a free place to research federal regualtions and provide the official version of the CFR in .pdf format. |
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Term
| Legislative History Print Sources |
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Definition
U.S. Congressional and Administrative News (USCCAN)
- selected committee reports on bills passed into law
-Congressional Informational Services
-Congressional Record- contains floor debates on legislation. |
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Term
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Definition
General overview of the law
-good for intro to a topic
-citations to primary law
--Corpus Juris Secundum
--American Jurisprudence, 2d
Ohio Jurisprudence 3d |
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Definition
In depth treatment of a single subject
-Ex. Federal Practice and Procedure |
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Definition
In depth treatment of a single subject
-Ex. Federal Practice and Procedure |
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Term
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Definition
Law review or journal articles
-print indices:
--Index to legal periodicals and books
--Current law index |
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Term
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Definition
ALR
-Annotations collect summaries of cases from a variety of juridictions to provide an overview of the law on a topic
-report on cases w/o much analysis or commentary.
-Recent ones updated w/ pocket parts
-Supplemented or Superseded- superseded- takes place of supplemented- must read all material to understand. |
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Definition
Updated monthly or weekly
- may contain current statutes and regulations
-Often refer to most recent case law
ex. CCH standard federal tax reporter. |
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Definition
The official -> Ohio State Reports
- North Eastern Reporter |
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Term
| Ohio Statutes and subject compilation (Code) |
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Definition
Ohio Revised Code- has pocket part
- No official code- Baldwin;s or Pages
-No even numbered except 58
-Available online @ west, lexis and Lawriter Ohio revised code |
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| Ohio Statutes- Session Laws |
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Definition
Laws of Ohio (in chronological order)
-No public law #
-Pages Legislative Bulletin
-Baldwin''s Ohio Legislative Services |
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Term
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Definition
12 appellate districts
-Franklin Co. Is 10th Appellate Dist.
-Ohio Appellate Report (Ohio App., Ohio App. 2d, Ohio App. 3d)-> official
-Also N.E. Reporter->Unofficial |
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Definition
-Organized on the couty level, 88 counties
-Ohio Misc., Ohio Misc. 2d |
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Definition
-final rules
-subject index
-has a pocket part |
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Definition
-Published Monthly-final rules, public hearing schedule, summary of proposed rule changes
-Vertical line in the margin designates an emergency rule. |
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Definition
| Like a pocket part used for updating cases. |
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| Uniform Laws and Model Acts |
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Definition
proposed statutes that can be adopted by legislatues. Ex. UCC and MPC
-Secondary sources, do not take the force of law unless adopted by a legislature.
-Locate using the ULA- Uniform Laws Annotated, Master Edition |
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Definition
| essential restate the common law rules on a subject in a variety of fields |
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Term
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Definition
provide in-depth treatment of single subject, such as torts or constitutional law.
-may consist of a single volume or multiple volumes
-provide overview of topic and analysis and commentary |
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Term
| Treatises: locating material 3 step process |
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Definition
1. Use subject index or table of contents
2. locate relevant sections in main text
3. update with pocket part. |
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Term
| Restatement: 3-step process locating information |
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Definition
1. Use subject index or table of contents to identify relevant sections in Restatement volumes
2. use noncumulative Appendix volumes to find pertinent case summaries
3. Use pocket part in the latest Appendix for more recent cases. |
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Definition
Provide very general overview of the law on a variety of topics.
-They report on the general state of the law.
-do not provide analysis or suggest solutions to conflicts in the law. |
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Term
| Legal Encyclopedia: 3- step research process |
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Definition
1. use subject index or table of contents
2. locate relevant sections in the main subject volume
3. update with pocket part. |
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Term
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Definition
Law review or journals articles... Located within Index to Legal periodicals ILP
published articles, thorough, thoughtful treatments of legal issues by professors, practitioners, judges, and even students.
-focused fairly narrowly on specific issues, althought they often include background info or intro material to subject. |
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| American Law Reports (ALR) |
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Definition
| use for an overview of an area of law and citations to primary authority (especially to locate persuasive authority form other jurisdictions), but not in-depth analysis of a topic. |
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Term
| ALR 3 step research process |
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Definition
1. Use ALR Index
2. Locate relevant annotations in the main volumes
3. update with pocket part.
- or use WEST LAW. |
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Term
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Definition
1. locate correct digest set
2. locate relevant topics and key numbers in digest
3. read case summaries under topics and key numbers
4. update for most recent cases w/ Pocket part.
-- afterwards go to reporter to locate full case text |
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Definition
| Primary authority enacted by congress |
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Term
| Once a public law is enacted it is published in 3 steps: |
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Definition
Slip law Session lawcodification
a. Each one published in separate document slip law and assigned a public law number.
b. Included in chronological listing of all statutes passed within a session of Congress (session laws), and collected in the Statutes at Large where it is given a citation.
c. It is reorganized by subject matter and "codified" into the United States Code "USC." |
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Term
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Definition
-All the laws of a particular session of Congress cumulated together
-All slip laws enacted during a session of Congress cumulated in chronological order into Statutes at Large (official version). |
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Term
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Definition
| The public law number indicates the session of Congress in which the bill was enacted into law and the order in which it was passed. For example: 107-100 was 100th piece of legislation enacted by the 107th Congress. |
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| Statutes at Large Citation |
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Definition
| Indicates the volume of the Statutes at Large where the text of the law is found, and the first page where the text begins: 108 Stat. 1221. |
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Term
| USCCAN, the United States Code Congressional and Administrative News (WEST) |
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Definition
(Unofficial) Sessions laws are also printed in this
-Published on a monthly basis and includes a cumulative subject matter index.
b.Best used as a tool for researching recent slip laws and legislative histories. |
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Term
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Definition
Sections of the session laws are reorganized by topic or "codified" into this.
-which are published by the Government Printing Office (the GPO).
-Published every 6 years
-The U.S.C. is divided into 50 separate Titles with each Title covering a different topic. |
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Definition
United States Code Annotated
-Comprehensive listing of cases in the annotations and references to the key number system
Language of Statutes at large modified to fit in code section |
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Term
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Definition
United States code Services- best for statutes
i. Selective listing of cases
ii. Uses the Statutes at Large Language
1. Includes notes of administrative decisions - USCA does not
2. Better for statutes |
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Term
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Definition
i. Subject matter
ii. Popular name of law
iii. Public law number
1. USC is only updated every 6 years does not have pocket part.. harder to research through |
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Term
| USCA and USCS research method 5 steps: |
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Definition
i. General Index- find topic you want
ii. Locate relevant code sections- in main volumes of code
iii. Update the text of statute and annotations in POCKET PART
iv. Update Pocket Part with pamphlets at end of code
v. Consult USCCAN for most recent enactments |
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Term
| h. After finding statute-... |
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Definition
i. Check the surrounding statutes
ii. Organization
1. Sections giving definitions of key terms
2. Sections setting out the requirements
3. Sections setting out enforcement provisions
iii. Look to case law and other sources for interpretation and meaning |
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Term
| i. Shepard's and Key Cite |
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Definition
i. Once a statute is located using one of the preceding methods, it must be updated using these.
ii. All authorities located in the annotations of the unofficial codes must be updated using these to check their validity |
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Term
| f. Searching by Popular Name |
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Definition
| i. Both USCS and USCA have Popular Name Tables - and - General Index and allow researcher to find a statute based on its popular name |
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Term
| g. Searching by Public Law Number |
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Definition
i. Both unofficial codes also have Conversion tables that allow a researcher to find a statute based on its public law number
ii. The conversion tables are located separate softbound Tables volumes of the code |
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Term
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Definition
| i. Published in the Statutes at Large at the end of each Congressional session. They are listed chronologically after all public laws are printed. They are not codified into the USC |
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Term
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Definition
i. USC version is unannotated.
ii. Unofficial codes both include multi-volume treatment of the US constitution with pocket part updates of the annotations |
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Definition
| Ohio - Primary authority (regulations) enacted by |
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| Ohio- has two unofficial codes, but no official code |
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Definition
i. Page's Ohio Revised Code Annotated:
1. LEXIS
ii. Baldwin's Ohio Revised Code Annotated:
1. WEST |
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Term
| Ohio Codes (pages and Baldwins) |
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Definition
i. Both sets arrange the Ohio statutes into subject matter order.
ii. Both sets include notes of decisions and references to other research sources. |
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Term
| p. Federal Rules of Civil Procedure |
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Definition
i. Primary Sources of Law
ii. 1937 Rules Enabling Act- Congress ceded rule making authority to the United States Supreme Court
iii. Rules are promulgated by the Court
iv. Governs every aspect of the procedural life of a case
v. Published in both the official and unofficial codes |
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Term
| q. Federal Rules of Criminal Procedure |
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Definition
i. 1946- First set of rules
ii. Promulgated by the United States Supreme Court
iii. Published in both the official and unofficial codes. |
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Term
| r. Federal Rules of Appellate Procedure |
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Definition
i. First set of rules - 1968
ii. Promulgated by the United States Supreme Court
iii. Published in the Official and Unofficial versions of the code |
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Term
| s. Federal Rules of Evidence |
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Definition
i. First set of rules- 1975
ii. Because evidence rules have a substantive as well as a procedural component, Congress was unwilling to cede full authority for the rules to the Court
iii. Rules are drafted by a Supreme Court Advisory Committee bu they are jointly adopted by the Court and by Congress |
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