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Introduction to Introduction to Legal Research Legal Research Prof. L. Labrousse Prof. L. Labrousse Seminar: Thursdays, 10PM ET Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq AIM: LabrousseEsq dated 3/12/2009

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Page 1: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Introduction to Introduction to Legal ResearchLegal Research

Prof. L. LabrousseProf. L. LabrousseSeminar: Thursdays, 10PM ETSeminar: Thursdays, 10PM ET

Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ETOffice Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ETAIM: LabrousseEsqAIM: LabrousseEsq

Introduction to Introduction to Legal ResearchLegal Research

Prof. L. LabrousseProf. L. LabrousseSeminar: Thursdays, 10PM ETSeminar: Thursdays, 10PM ET

Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ETOffice Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ETAIM: LabrousseEsqAIM: LabrousseEsq

Last updated 3/12/2009

Page 2: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Course OutcomesCourse OutcomesAs a result of completing this course,

you should be able to: – Identify the components of a case– Brief cases– Cite applicable sources using the Legal

Bluebook– Verify that legal sources are accurate and

up-to-dateDevelop a legal research plan

– Demonstrate college-level communication through the composition of original materials in Standard American English

– Use electronic libraries and databases for research purposes

As a result of completing this course, you should be able to: – Identify the components of a case– Brief cases– Cite applicable sources using the Legal

Bluebook– Verify that legal sources are accurate and

up-to-dateDevelop a legal research plan

– Demonstrate college-level communication through the composition of original materials in Standard American English

– Use electronic libraries and databases for research purposes

Page 3: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Review of Kaplan Services

Review of Kaplan Services

Writing Center (check with the Academic Success Center in “My Studies” Tab in KU Campus)

Tutors (available from the Legal Studies Honor Society – contact me for more information)

Academic Advisors (Instructor Concerns) Instructor (Email, Ask the Prof, Office Hours,

Seminar) Career Resources

If you need help – reach out! Our goals are the same – your success!

Writing Center (check with the Academic Success Center in “My Studies” Tab in KU Campus)

Tutors (available from the Legal Studies Honor Society – contact me for more information)

Academic Advisors (Instructor Concerns) Instructor (Email, Ask the Prof, Office Hours,

Seminar) Career Resources

If you need help – reach out! Our goals are the same – your success!

Page 4: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Outreach PoliciesOutreach Policies If you are struggling and your grade

shows it – I will try to reach out to you! I hope you will be receptive and feel free to reach out to me first.

If you have less than a 60% in the course, the outreach procedure is:– Email– Instructor Concern– Phone Calls (Please make sure your

phone number is correct or email me with the best choice)

If you are struggling and your grade shows it – I will try to reach out to you! I hope you will be receptive and feel free to reach out to me first.

If you have less than a 60% in the course, the outreach procedure is:– Email– Instructor Concern– Phone Calls (Please make sure your

phone number is correct or email me with the best choice)

Page 5: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Instructor Contact Info.Instructor Contact Info. Email: [email protected]

– If you email me – expect a response within 24 hours or 36 hours on weekends (If it needs a response)

– If you submit a late assignment (ie. late dropbox submission or late DB post) please confirm via email you submitted.

– Check grade book for updated grades (5 days from due date OR 5 days from submission if its late) or feel free to email to confirm receipt.

Email: [email protected]– If you email me – expect a response

within 24 hours or 36 hours on weekends (If it needs a response)

– If you submit a late assignment (ie. late dropbox submission or late DB post) please confirm via email you submitted.

– Check grade book for updated grades (5 days from due date OR 5 days from submission if its late) or feel free to email to confirm receipt.

Page 6: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Instructor Contact Info.Instructor Contact Info.

Office Hours– Thursdays, from 9 to 10 PM EST;

11PM to 12 AM EST– AOL Instant Messenger –

LabrousseEsq Ask the Prof Contact me if you have any

questions or concerns

Office Hours– Thursdays, from 9 to 10 PM EST;

11PM to 12 AM EST– AOL Instant Messenger –

LabrousseEsq Ask the Prof Contact me if you have any

questions or concerns

Page 7: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Grading PolicyGrading Policy Review the Syllabus for Rubrics Do your own work! Honor Policy! Plagiarism is

not tolerated! My favorite and most dependable resource is Turnitin.com

Assignments will be graded and returned within five days of its due date (or submission if its late)

Use the Dropbox for any written assignments Email alternative assignments (requirements

are in the Syllabus) Use Microsoft Word (if you do not have Word

then save as a rtf file) If you miss an assignment, you will have a “0”

in the gradebook until it is submitted and graded

Review the Syllabus for Rubrics Do your own work! Honor Policy! Plagiarism is

not tolerated! My favorite and most dependable resource is Turnitin.com

Assignments will be graded and returned within five days of its due date (or submission if its late)

Use the Dropbox for any written assignments Email alternative assignments (requirements

are in the Syllabus) Use Microsoft Word (if you do not have Word

then save as a rtf file) If you miss an assignment, you will have a “0”

in the gradebook until it is submitted and graded

Page 8: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

UNIT 1 ASSIGNMENTSUNIT 1 ASSIGNMENTS Review the unit introduction and key terms;

Read Chapter 1 of Basic Legal Research Tools and Strategies; Read about primary and secondary sources; Learn about the Bluebook: A Uniform System of Citation; Familiarize yourself with the Course Project; Review the unit’s key terms ; Prepare for the quiz by completing the practice exercise

GRADED ASSIGNMENTS Participate on the Discussion Board Attend and participate in this week’s Seminar Complete and submit the Written Assignment Take the Unit 1 Quiz

Review the unit introduction and key terms; Read Chapter 1 of Basic Legal Research Tools and Strategies; Read about primary and secondary sources; Learn about the Bluebook: A Uniform System of Citation; Familiarize yourself with the Course Project; Review the unit’s key terms ; Prepare for the quiz by completing the practice exercise

GRADED ASSIGNMENTS Participate on the Discussion Board Attend and participate in this week’s Seminar Complete and submit the Written Assignment Take the Unit 1 Quiz

Page 9: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

UNIT 2 ASSIGNMENTSUNIT 2 ASSIGNMENTS Review the unit introduction and key terms; Learn

about legislative history by listening to “I’m Just a Bill Away”; Learn about the U.S. Constitution by playing Double Jeopardy; Read Chapter 6 of Basic Legal Research Tools and Strategies; Read about drunk driving statutes and see a statute in action; Learn about Bluebook Rules 12.1 and 12.2; Learn about the Collins Fact Pattern; Review the unit’s key terms

GRADED ASSIGNMENTS Participate on the Discussion Board Attend and participate in this week’s Seminar Complete and submit the Written Assignment Take the Unit 2 Quiz

Review the unit introduction and key terms; Learn about legislative history by listening to “I’m Just a Bill Away”; Learn about the U.S. Constitution by playing Double Jeopardy; Read Chapter 6 of Basic Legal Research Tools and Strategies; Read about drunk driving statutes and see a statute in action; Learn about Bluebook Rules 12.1 and 12.2; Learn about the Collins Fact Pattern; Review the unit’s key terms

GRADED ASSIGNMENTS Participate on the Discussion Board Attend and participate in this week’s Seminar Complete and submit the Written Assignment Take the Unit 2 Quiz

Page 10: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

QUESTIONS?QUESTIONS?

Page 11: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Introduction to the Legal Research

Process

Introduction to the Legal Research

Process

Page 12: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Legal Research Why & How?

Legal Research Why & How?

Role of legal professionals – Solve problems and give advice– You must know the rules applicable to

the situation

Understand different sources of legal rules– What are they?– Where do they originate from?

Process of Legal Research– Tools– Citation

Role of legal professionals – Solve problems and give advice– You must know the rules applicable to

the situation

Understand different sources of legal rules– What are they?– Where do they originate from?

Process of Legal Research– Tools– Citation

Page 13: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Sources of LawSources of Law Sources of Law (state and federal)

– Constitutions (created by legislative branch)– Statutes (created by legislative branch)– Court opinions (cases) (interpreted law by judicial branch)– Administrative regulations (created by administrative agencies

established by legislative branch)Laws are enforced by executive branch

Sources of Law (state and federal)– Constitutions (created by legislative branch)– Statutes (created by legislative branch)– Court opinions (cases) (interpreted law by judicial branch)– Administrative regulations (created by administrative agencies

established by legislative branch)Laws are enforced by executive branch

Page 14: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

[Untitled image of three branches of United States government] . Retrieved 3/13/2009 from http://www.ohagan.net/courses/ap_gov/lec_notes_00.htm

Page 15: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Primary Sources: Constitutions

StatutesCourt Decisions

Administrative Regulations

Primary Sources: Constitutions

StatutesCourt Decisions

Administrative Regulations

Sources of LawSources of Law

Page 16: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Secondary Sources: American Law Reports (ALR)

American JurisprudenceCorpus Juris Secundum (CJS)

RestatementsTreatises

Law Reviewsetc.

Secondary Sources: American Law Reports (ALR)

American JurisprudenceCorpus Juris Secundum (CJS)

RestatementsTreatises

Law Reviewsetc.

Sources of LawSources of Law

Page 17: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

AUTHORITY OF SOURCESAUTHORITY OF SOURCES

Mandatory (Binding)Mandatory (Binding)

Authority a court is obligated to follow

Rules you MUST apply to determine the correct answer to the issue you are researching

Examples

Authority a court is obligated to follow

Rules you MUST apply to determine the correct answer to the issue you are researching

Examples

Persuasive (Non-binding)Persuasive (Non-binding)

Authority a court may follow if it is persuaded to do so, but is not required to follow

It may help you figure out the answer, but it will not dictate it

Examples

Authority a court may follow if it is persuaded to do so, but is not required to follow

It may help you figure out the answer, but it will not dictate it

Examples

Page 18: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

WEIGHT OF AUTHORITYWEIGHT OF AUTHORITY

All authority is NOT created equal It depends…

– Primary or secondary authority?– Some primary authority is mandatory and

others persuasive– Secondary authority is ALWAYS persuasive

– You have to be able to distinguish between them to determine how much weight a particular legal authority has in the resolution of issue you are researching

All authority is NOT created equal It depends…

– Primary or secondary authority?– Some primary authority is mandatory and

others persuasive– Secondary authority is ALWAYS persuasive

– You have to be able to distinguish between them to determine how much weight a particular legal authority has in the resolution of issue you are researching

Page 19: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

WEIGHT OF AUTHORITYWEIGHT OF AUTHORITY

FIGURING IT OUT…

Secondary Sources – Persuasive only; Examine source

Primary authority – Mandatory only if its your jurisdiction; Persuasive only its if its not your jurisdiction

Determining the weight of court opinions (HINT: Look at your CITATION)

FIGURING IT OUT…

Secondary Sources – Persuasive only; Examine source

Primary authority – Mandatory only if its your jurisdiction; Persuasive only its if its not your jurisdiction

Determining the weight of court opinions (HINT: Look at your CITATION)

Page 20: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Taken from http://www.cusd.com/calonline/apgov/module4/lesmod4/4_15.ht

m

Taken from http://www.cusd.com/calonline/apgov/module4/lesmod4/4_15.ht

m

Page 21: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

The Thirteen Federal Judicial CircuitsThe Thirteen Federal Judicial Circuits

Page 22: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

FEDERAL - Determining the weight of court opinions (HINT: Look at your

CITATION)

FEDERAL - Determining the weight of court opinions (HINT: Look at your

CITATION) U.S. Supreme Court Decision CitationBaker v. Carr, 369 U.S. 186 (1962)Elements: Parties, volume-reporter-page , (year of

decision [NEVER the court!]) Federal Circuit Court Decision CitationSierra Club v. Larson, 2 F.3d 462 (1st Cir. 1993)Elements: Parties, volume-reporter-page , (court [if

needed to specify jurisdiction] and year of decision) Federal District Court Decision CitationUnited States v. Bin Laden, 146 F.Supp.2d 373

(S.D.N.Y 2001)Elements: Parties, volume-reporter-page, (court [if

needed to specify jurisdiction] and year of decision)

U.S. Supreme Court Decision CitationBaker v. Carr, 369 U.S. 186 (1962)Elements: Parties, volume-reporter-page , (year of

decision [NEVER the court!]) Federal Circuit Court Decision CitationSierra Club v. Larson, 2 F.3d 462 (1st Cir. 1993)Elements: Parties, volume-reporter-page , (court [if

needed to specify jurisdiction] and year of decision) Federal District Court Decision CitationUnited States v. Bin Laden, 146 F.Supp.2d 373

(S.D.N.Y 2001)Elements: Parties, volume-reporter-page, (court [if

needed to specify jurisdiction] and year of decision)

Page 23: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Court Structur

e of Texas

Taken from http://www.courts.state.tx.us

/

Court Structur

e of Texas

Taken from http://www.courts.state.tx.us

/

Page 24: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Regional Reporters (State Cases)Regional Reporters (State Cases)

Page 25: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

STATE - Determining the weight of court opinions (HINT: Look at your

CITATION)

STATE - Determining the weight of court opinions (HINT: Look at your

CITATION) NY Court of Appeals Citation (state highest level)Witter v. Taggart, 78 N.Y.2d 234, 577 N.E.2d 338, 573 N.Y.S.2d 146

(1991).Elements: Parties, volume-reporter-page of official reporter, parallel

reference(s) to regional reporter(s), (year of decision [NEVER the court!])

NY Appellate Division Citation (intermediate appeals level)

Adamy v. Ziriakus, 231 A.D.2d 80, 659 N.Y.S.2d 623 (4th Dep’t 1997).Elements: Parties, volume-reporter-page of official reporter, parallel

reference(s) to regional reporter, (court [if needed to specify jurisdiction] and year of decision)

NY Supreme Court Citation (trial court level)Dorfman v. Berman, 186 Misc. 2d 415, 718 N.Y.S.2d 142 (Sup. Ct.

Albany County 2000).Elements: Parties, volume-reporter-page of official reporter, parallel

reference(s) to regional reporter, (court [if needed to specify jurisdiction] and year of decision)

NY Court of Appeals Citation (state highest level)Witter v. Taggart, 78 N.Y.2d 234, 577 N.E.2d 338, 573 N.Y.S.2d 146

(1991).Elements: Parties, volume-reporter-page of official reporter, parallel

reference(s) to regional reporter(s), (year of decision [NEVER the court!])

NY Appellate Division Citation (intermediate appeals level)

Adamy v. Ziriakus, 231 A.D.2d 80, 659 N.Y.S.2d 623 (4th Dep’t 1997).Elements: Parties, volume-reporter-page of official reporter, parallel

reference(s) to regional reporter, (court [if needed to specify jurisdiction] and year of decision)

NY Supreme Court Citation (trial court level)Dorfman v. Berman, 186 Misc. 2d 415, 718 N.Y.S.2d 142 (Sup. Ct.

Albany County 2000).Elements: Parties, volume-reporter-page of official reporter, parallel

reference(s) to regional reporter, (court [if needed to specify jurisdiction] and year of decision)

Page 26: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

In short…In short…

The weight of your authority depends on whether the decision is from your jurisdiction!

Page 27: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

ONE MORE THING… UPDATING

ONE MORE THING… UPDATING

What is Updating?

Remember, a statute or case is only good law if it has not been overruled, superseded, repealed, or otherwise invalidated.

Updating is the process of verifying that the statute or case is still good law.

What is Updating?

Remember, a statute or case is only good law if it has not been overruled, superseded, repealed, or otherwise invalidated.

Updating is the process of verifying that the statute or case is still good law.

Page 28: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

QUESTIONS?QUESTIONS?

Page 29: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Bluebook: Uniform Citation For Legal

Reference

Bluebook: Uniform Citation For Legal

Reference

Page 30: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

When to Cite?When to Cite?

When you rely on and use legal sources and legal authorities in your own work, The Bluebook provides a systematic citation form to “cite” those references.

The citation follows the discussion from the source: It is clear that only personal rights that can be deemed "fundamental" or "implicit in the concept of ordered liberty” are guaranteed personal privacy Palko v. Connecticut, 302 U.S. 319, 325 (1937).

When you rely on and use legal sources and legal authorities in your own work, The Bluebook provides a systematic citation form to “cite” those references.

The citation follows the discussion from the source: It is clear that only personal rights that can be deemed "fundamental" or "implicit in the concept of ordered liberty” are guaranteed personal privacy Palko v. Connecticut, 302 U.S. 319, 325 (1937).

Page 31: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite?How to Cite?

The order of the citation is important because each part identifies something in the reference that can lead the reader to the original source as you found it.

Each legal source has its own particular order to follow and specific information that must be included in the cite.

The order of the citation is important because each part identifies something in the reference that can lead the reader to the original source as you found it.

Each legal source has its own particular order to follow and specific information that must be included in the cite.

Page 32: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite Cases?

How to Cite Cases?

A general case citation is as follows: Tom Reed Gold Mines Co. v. United E. Mining Co., 39 Ariz. 533 (1932).

Always underline or italicize case names: – Smith Corp. v. Doe Inc.

The “v.” is lowercase, is followed by a period, and is not “vs.”: – Paradise v. Parker,

Follow case names by a comma, which is not underlined or italicized: – Arizona v. Fulminante,

A general case citation is as follows: Tom Reed Gold Mines Co. v. United E. Mining Co., 39 Ariz. 533 (1932).

Always underline or italicize case names: – Smith Corp. v. Doe Inc.

The “v.” is lowercase, is followed by a period, and is not “vs.”: – Paradise v. Parker,

Follow case names by a comma, which is not underlined or italicized: – Arizona v. Fulminante,

volume

volume

Page 33: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite Cases?

How to Cite Cases?

Do not include parties' first names, unless they are the name of a corporation: – Baker v. John Smith Inc.,

If there is more than one plaintiff or defendant, use only the first party on each side.

Do not abbreviate United States in a case name: – United States v. Michigan,

Some words may be abbreviated, but do not abbreviate them if they are the first word of a party. Refer to the Bluebook for common abbreviations.

Do not include parties' first names, unless they are the name of a corporation: – Baker v. John Smith Inc.,

If there is more than one plaintiff or defendant, use only the first party on each side.

Do not abbreviate United States in a case name: – United States v. Michigan,

Some words may be abbreviated, but do not abbreviate them if they are the first word of a party. Refer to the Bluebook for common abbreviations.

Page 34: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite Federal Cases?

How to Cite Federal Cases?

U.S. Supreme Court: Cite to U.S. If it's not yet published there, cite to S. Ct., L. Ed., U.S.L.W., or LEXIS, in that order of preference. Do not include parallel cites: – Smith & Jones, Inc. v. Couch, 401 U.S. 313

(1985). U.S. Circuit Courts of Appeal: Cite to F.,

F.2d, or F.3d. Note no space between the F. and the number. Include the circuit in the cite: – Davis v. Everett, 102 F.2d 24 (9th Cir.

1954).

U.S. Supreme Court: Cite to U.S. If it's not yet published there, cite to S. Ct., L. Ed., U.S.L.W., or LEXIS, in that order of preference. Do not include parallel cites: – Smith & Jones, Inc. v. Couch, 401 U.S. 313

(1985). U.S. Circuit Courts of Appeal: Cite to F.,

F.2d, or F.3d. Note no space between the F. and the number. Include the circuit in the cite: – Davis v. Everett, 102 F.2d 24 (9th Cir.

1954).

Page 35: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite Federal Cases?

How to Cite Federal Cases?

U.S. District Courts: Cite to F. Supp. Note the space between the F. and the Supp. Include the district in the cite: – Flanders v. Glissandi, 913 F.

Supp. 885 (C.D. Cal. 1996).

U.S. District Courts: Cite to F. Supp. Note the space between the F. and the Supp. Include the district in the cite: – Flanders v. Glissandi, 913 F.

Supp. 885 (C.D. Cal. 1996).

Page 36: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite State Cases?How to Cite State Cases?

Cite to the regional reporter. Include the court in the cite:– Hoyt, Inc. v. Irving-Johnson Corp.,

425 P.2d 976 (Cal. App. 1976). Kearney v. Lovejoy, 777 P.2d 1024 (Cal. 1993).

Cite to the regional reporter. Include the court in the cite:– Hoyt, Inc. v. Irving-Johnson Corp.,

425 P.2d 976 (Cal. App. 1976). Kearney v. Lovejoy, 777 P.2d 1024 (Cal. 1993).

Page 37: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite Cases Available Only in Lexis?

How to Cite Cases Available Only in Lexis?

Vaughn v. Wilson, No. 95-124, 1995 U.S. Sup. Ct. LEXIS 3255, at *16 (1995).

Vaughn v. Wilson, No. 95-124, 1995 U.S. Sup. Ct. LEXIS 3255, at *16 (1995).

Page 38: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite Quotations?How to Cite Quotations?

Always give the exact page of a quote (i.e. pinpoint cite), even when paraphrasing:– "The Fourth Amendment protects

people, not places." Katz v. United States, 375 U.S. 76, 82 (1965).

Always give the exact page of a quote (i.e. pinpoint cite), even when paraphrasing:– "The Fourth Amendment protects

people, not places." Katz v. United States, 375 U.S. 76, 82 (1965).

Page 39: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite Statutes?

How to Cite Statutes?

Federal Statutes: Cite to U.S.C. or U.S.C.A. – 12 U.S.C. § 1986 (West 1996). – 12 U.S.C.A. § 1986 (1996).

State Statutes: The form varies by state. – Cal. Pen. Code § 187 (West 1989). – Neb. Stat. Ann. § 212-414(b) (West

1990).– A.R.S. § 1-101 (2005).

Federal Statutes: Cite to U.S.C. or U.S.C.A. – 12 U.S.C. § 1986 (West 1996). – 12 U.S.C.A. § 1986 (1996).

State Statutes: The form varies by state. – Cal. Pen. Code § 187 (West 1989). – Neb. Stat. Ann. § 212-414(b) (West

1990).– A.R.S. § 1-101 (2005).

Page 40: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite Constitutions?How to Cite

Constitutions? Federal:

– U.S. Const. amend. XX – U.S. Const. art. I, § 2, cl. 3

State: – Cal. Const. art. XIV

Federal: – U.S. Const. amend. XX – U.S. Const. art. I, § 2, cl. 3

State: – Cal. Const. art. XIV

Page 41: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite Secondary Sources?

How to Cite Secondary Sources?

Books: John Knight, A Jury of Twelve, 225 (1st. ed. 2001).

Periodicals: Mary A. Jones, The Best of Trial Briefs, 28 Neb. L. Rev. 102 (2006).

Encyclopedias: 16 C.J.S. Evidence § 12 (1996).

Dictionaries: Black's Law Dictionary, 826 (7th ed. 1998).

Annotations: Tom McCannon, Annotation, Searches and Warrants, 79 A.L.R.2d 1257 (1995).

Books: John Knight, A Jury of Twelve, 225 (1st. ed. 2001).

Periodicals: Mary A. Jones, The Best of Trial Briefs, 28 Neb. L. Rev. 102 (2006).

Encyclopedias: 16 C.J.S. Evidence § 12 (1996).

Dictionaries: Black's Law Dictionary, 826 (7th ed. 1998).

Annotations: Tom McCannon, Annotation, Searches and Warrants, 79 A.L.R.2d 1257 (1995).

Page 42: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite Court Rules?How to Cite Court Rules?

Federal:– Fed. R. Civ. P. 12 (b)(6).– Fed. R. Crim. P. 7(b).

State:– Haw. Fam. Ct. R. 106.– N.J. Ct. R. 3:8-3.

Federal:– Fed. R. Civ. P. 12 (b)(6).– Fed. R. Crim. P. 7(b).

State:– Haw. Fam. Ct. R. 106.– N.J. Ct. R. 3:8-3.

Page 43: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

How to Cite Electronic Sources?

How to Cite Electronic Sources?

American Bar Association. Section on Legal Education and Admissions to the Bar. Legal Education and Bar Admission Statistics, 1963 – 2005, available at http://www.abanet.org/legaled/stats.html, (last visited Oct. 18, 2006).

American Bar Association. Section on Legal Education and Admissions to the Bar. Legal Education and Bar Admission Statistics, 1963 – 2005, available at http://www.abanet.org/legaled/stats.html, (last visited Oct. 18, 2006).

Page 44: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Miscellaneous PointsMiscellaneous Points

When a cite is in the middle of a sentence, follow it with a comma. – In Yon v. Sambaed, 421 U.S. 119

(1992), the Supreme Court held that . . .

When a cite is at the end of a sentence, follow it with a period. – This decision was overruled in

Ankeny v. Burnside, 102 F.2d 65 (3d Cir. 1942).

When a cite is in the middle of a sentence, follow it with a comma. – In Yon v. Sambaed, 421 U.S. 119

(1992), the Supreme Court held that . . .

When a cite is at the end of a sentence, follow it with a period. – This decision was overruled in

Ankeny v. Burnside, 102 F.2d 65 (3d Cir. 1942).

Page 45: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Miscellaneous PointsMiscellaneous Points

When you have a string cite (several cases cited in a row) separate them with semicolons. Cite federal cases first, then state cases, and cite higher courts before lower ones. – Several courts have held that the sun

rises in the east. Caruthers v. Druid, 414 U.S. 9 (1992); Major v. Minor, 2 F. Supp. 1245 (S.D.N.Y. 1912); California v. Parker, 421 P.2d 198 (Cal. App. 1978).

When you have a string cite (several cases cited in a row) separate them with semicolons. Cite federal cases first, then state cases, and cite higher courts before lower ones. – Several courts have held that the sun

rises in the east. Caruthers v. Druid, 414 U.S. 9 (1992); Major v. Minor, 2 F. Supp. 1245 (S.D.N.Y. 1912); California v. Parker, 421 P.2d 198 (Cal. App. 1978).

Page 46: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Miscellaneous PointsMiscellaneous Points To delete one or more words within a

quote, use ellipses. At the end of a sentence, follow the ellipses by a period. – "The time has come . . . to talk of many

things." Lewis Caroll, Alice in Wonderland 56 (1872).

Never start a sentence with ellipses. If you start a quote in the middle of a sentence, or if you substitute letters or words in a sentence, use brackets. – "[M]y troubles seemed so far away." Paul

McCartney, Yesterday 2 (1966).

To delete one or more words within a quote, use ellipses. At the end of a sentence, follow the ellipses by a period. – "The time has come . . . to talk of many

things." Lewis Caroll, Alice in Wonderland 56 (1872).

Never start a sentence with ellipses. If you start a quote in the middle of a sentence, or if you substitute letters or words in a sentence, use brackets. – "[M]y troubles seemed so far away." Paul

McCartney, Yesterday 2 (1966).

Page 47: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

Miscellaneous PointsMiscellaneous Points

When one authority is quoting from another, indicate it. – "Citations stink." Brennan v.

Marshall, 102 F. Supp. 1234, 1236 (D. Mass. 1984) (quoting Scalia v. Thomas, 313 U.S. 653, 655 (1976)).

When one authority is quoting from another, indicate it. – "Citations stink." Brennan v.

Marshall, 102 F. Supp. 1234, 1236 (D. Mass. 1984) (quoting Scalia v. Thomas, 313 U.S. 653, 655 (1976)).

Page 48: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

For Further InformationFor Further Information

See The Bluebook, eighteenth edition as this is only a primer in formatting.

See The Bluebook, eighteenth edition as this is only a primer in formatting.

Page 49: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

QUESTIONS?QUESTIONS?

Page 50: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

THE COURSE PROJECTTHE COURSE PROJECT

Developing a research plan Due in Unit 9 Based on The Collins Fact

Pattern Fact pattern available in Unit 2

under “The Collins Fact Pattern” (and links available in Units 1, 5 and 9); Also available under DocSharing tab

Developing a research plan Due in Unit 9 Based on The Collins Fact

Pattern Fact pattern available in Unit 2

under “The Collins Fact Pattern” (and links available in Units 1, 5 and 9); Also available under DocSharing tab

Page 51: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

THE COURSE PROJECTTHE COURSE PROJECT

Find 2 relevant law review articles (secondary sources) and be able to briefly explain the relevance.

Locate at least one government agency website (secondary source) that would provide information relevant to the case.

Identify at least 5 key words that you would use to conduct a Lexis case search to find relevant cases (primary sources; potentially mandatory).

Find 2 relevant law review articles (secondary sources) and be able to briefly explain the relevance.

Locate at least one government agency website (secondary source) that would provide information relevant to the case.

Identify at least 5 key words that you would use to conduct a Lexis case search to find relevant cases (primary sources; potentially mandatory).

Page 52: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

THE COURSE PROJECTTHE COURSE PROJECT Locate the Price,Waterhouse case (primary

source; potentially mandatory) mentioned by your attorney and Shepardize it. 

Identify how many cases (updating): a) Supercededb)Distinguishedc) Followed

Find the five best cases that are relevant (also referred to as “on point”) to your research (primary and mandatory authority). You will likely read over 20 cases before you find relevant and mandatory sources.

Locate the Price,Waterhouse case (primary source; potentially mandatory) mentioned by your attorney and Shepardize it. 

Identify how many cases (updating): a) Supercededb)Distinguishedc) Followed

Find the five best cases that are relevant (also referred to as “on point”) to your research (primary and mandatory authority). You will likely read over 20 cases before you find relevant and mandatory sources.

Page 53: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

THE COURSE PROJECTTHE COURSE PROJECT Prepare a case brief of ONE of these cases of

your choice. For the remaining four cases, be able to briefly explain the relevance to the Collins scenario.

Find at least one relevant statute (primary and mandatory authority) mentioned in the sources you have located. Be able to briefly explain the relevance of the statutes to the Collins scenario.

Find at least one relevant regulation or rule (primary and mandatory authority) mentioned in the sources you have located. Be able to briefly explain the relevance to the Collins scenario.

For all sources located, provide the proper Legal Bluebook citation.

Prepare a case brief of ONE of these cases of your choice. For the remaining four cases, be able to briefly explain the relevance to the Collins scenario.

Find at least one relevant statute (primary and mandatory authority) mentioned in the sources you have located. Be able to briefly explain the relevance of the statutes to the Collins scenario.

Find at least one relevant regulation or rule (primary and mandatory authority) mentioned in the sources you have located. Be able to briefly explain the relevance to the Collins scenario.

For all sources located, provide the proper Legal Bluebook citation.

Page 54: Introduction to Legal Research Prof. L. Labrousse Seminar: Thursdays, 10PM ET Office Hours: Thursdays, 9PM – 10PM ET & 11PM – 12AM ET AIM: LabrousseEsq

QUESTIONS?QUESTIONS?