Term
| HOW ARE STATUTES UPDATED? ANNOTATED |
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Definition
Pocket Part
Pamphlet
Westlaw/Lexis
Finding statutes on Westlaw/Lexis is a bit of a pain. Updating is pretty easy |
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Term
| How are statutes published? |
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Definition
Slip Laws
-chronological arrangement
- unbound
Session Laws
- chronological arrangement
- bound
Codes
- subject arrangement
- numerical scheme puts laws in subject order |
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Term
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Definition
Enacted by the U.S. Congress
Enacted by the State legislature |
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Term
| Codes official and unofficial |
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Definition
| Unofficial usually annotated, official usually unannotated |
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Term
| USCA: Examples of editorial enhancements |
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Definition
Historical Notes
Cross References
Library References
West Electronic Research
Notes of Decisions |
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Term
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Definition
General Index
If you only know the topic or subject
Table of Contents - browse through subjects
Popular Name Table - i.e Americans with disabilities act
Conversion Table - from slip law or session law number to code section. |
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Term
| HOW DO YOU BEGIN THE PROCESS OF RESEARCH? |
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Definition
| Analyze the Facts. Identify the Issue. Generate search terms, synonym, and terms of art use to find authority. Remember to Ask Librarian |
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Term
| What good do search terms do you? |
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
| parties/relationships; places/things; claims/defenses; relief. |
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Term
| How to expand search terms? |
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Definition
| synonyms and broader or narrower terms |
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Term
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Definition
Non-comprehensive. Used as jumping off point.
survey of a legal issue
thoroughly researched
treatment across jurisdictions
many case citations |
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Term
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Definition
Find a survey of a legal issue
Across jurisdictions
Differing fact patterns |
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Term
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Definition
A.L.R. 3rd – 6th (State)
1969 to date
A.L.R. Federal 1st-2nd (Federal)
1969 to date |
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Term
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Definition
ALR Indexes
Quick Index (one volume)
Multi-volume index
ALR Digests
Online
Lexis & Westlaw
Citators (Shepard’s & KeyCite) |
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Term
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Definition
| Updated by pocket parts: don’t forget to update index too |
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Term
| What search engine for ALR's? |
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Definition
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Term
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Definition
| Codification of the Common Law |
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Term
| When to use Restatements? |
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Definition
Well organized discussion of the law
When primary authority is adverse, can use to suggest what the law should be |
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Term
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Definition
First Series has one volume comprehensive index
All other series, search the index for that particular restatement |
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Term
| What to use to search restatements? |
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Definition
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Term
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Definition
Pocket Parts to Restatement & Appendix volumes
Interim Case Citations |
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Term
| What cases get published? |
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Definition
| Appellate court and supreme court cases get published. |
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Term
| Research general to specific...so? |
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Definition
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Term
| Secondary authority leads you to primary authority, then? |
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Definition
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Term
| Does a court have to follow primary authority? |
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Definition
| Mandatory authority the rules/statutes/opinions that the court MUST follow. A Missouri appellate court must follow the rulings of the Missouri supreme court. |
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Term
| Name three types of primary authority? |
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Definition
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Term
| Name four types of secondary authority? |
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Definition
Restatements
Treaties
Encyclopedias
Law Reviews
ALR |
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Term
| HOW IS THE JUDICIARY GENERALLY STRUCTURED? |
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Definition
A Hierarchy -
Supreme Court
Intermediate Appellate Court
Trial Court |
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Term
| WHAT TYPE OF DOCUMENTS ARE GENERATED BY THE JUDICIARY? |
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Definition
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Term
| HOW ARE Opinions PUBLISHED? |
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Definition
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Term
| WHAT IS THE DIFFERENCE BETWEEN AN OFFICIAL AND AN UNOFFICIAL REPORTER? |
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Definition
| The official reporter is published by the government. The unofficial reporter is published by a private publisher. |
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Term
| WHAT IF THERE IS A DIFFERENCE BETWEEN A PUBLISHED AND AN UNPUBLISHED OPINION? |
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Definition
| In the event there is a difference between the official and the unofficial, the official controls. |
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Term
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Definition
| Vol number. Abbreviation indicating which reporter. Page number. |
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Term
| IF YOU WERE GIVEN 200 S.CT. 345, WHAT DOES EACH ELEMENT OF THE CITE MEAN? |
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Definition
| 200=vol number. S.Ct. =reporter name. 345=page number. |
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Term
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Definition
| The same opinion published in a different reporter. |
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Term
| WHAT IS MEANT BY JURISDICTION? |
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Definition
| A geographic area in which a governmental entity holds power. |
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Term
| WHY IS JURISDICTION IMPORTANT? |
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Definition
| It determines whether primary authority is mandatory or merely persuasive. |
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Term
| WHAT IS A DIGEST USED FOR? |
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Definition
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Term
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Definition
| The law arranged in a table of contents format at the beginning of each topic. |
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Term
| WHAT ARE TOPIC AND KEY NUMBER? |
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Definition
| Building block of major indexing system devised for American case law. They topic and key number taken together provide a unique identifying number given to a specific point of law |
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Term
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Definition
| Brief summaries of legal rules or significant facts in a case that precede the printed opinion. |
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Term
| WHAT ARE DIGEST PARAGRAPHS? |
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Definition
| Within each digest category the digest paragraph provides summaries of points of law from cases that discuss that particular subject |
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Term
| WHAT IS THE TABLE OF CASES? |
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Definition
| List of cases arranged alphabetically by case names with citations and list of the topics and key numbers appearing in the headnotes to the case. |
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Term
| WHAT IS THE DEFENDANT PLAINTIFF TABLE? |
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Definition
| A case table in which the defendant’s name comes first in alphabetical order. |
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Term
| WHAT IS THE DESCRIPTIVE WORD INDEX? |
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Definition
| Subject index of a digest. A term of art |
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Term
| HOW IS THE DIGEST UPDATED? |
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Definition
| Pocket-part, interim pamphlets, (closing tables), advance sheets (mini-digests) |
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Term
| WHAT IS MEANT BY A CHRONOLOGICAL ARRANGEMENT (statutes)/ |
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Definition
| Organizational scheme by date of passage |
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Term
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Definition
| Separately issued pamphlets containing the text of one legislative act. |
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Term
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Definition
Permanent publication (bound form) in chronological sequence of the slip laws enacted during a legislative session
Laws of Illinois
Laws of Missouri |
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Term
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Definition
| Publication of the public statutes of a jurisdiction in a topical arrangement. Each subject is usually referred to as a title. Federal government uses fifty titles. |
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Term
| What is meant by a Revised Code |
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Definition
| A compilation of statutes in the order and wording originally passed by the legislature with temporary and repealed acts deleted. |
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Term
| What is meant by an Annotated Code |
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Definition
| A commercially published statutory compilation arranged by broad subjects often called titles that contain editorial enhancements such as administrative code sections, encyclopedias, law review, treatises, and notes to judicial/administrative decisions after the actual text of the statute. |
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Term
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Definition
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Term
| WHAT ARE CONVERSION TABLES |
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Definition
| Cross reference between session law cite to code cite. |
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Term
| HOW ARE STATUTES UPDATED (STATUTE) |
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Definition
Pocket Part
West’s Illinois Legislative Service. Advance Session Law publication.
Westl/Lexis
Web |
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Term
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Definition
| According to the principle of stare decisis, courts follow previously decided case or precedents on the same legal principle. Similar situations are treated similarly. |
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Term
| What does stare decisis mean? |
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Definition
| to stand by things decided |
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Term
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Definition
| The holding or principle of law upon which the case is decided |
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Term
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Definition
| History of that case; those parties, those facts, on appeal or as decided by a lower court. |
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Term
| WHAT IS INDIRECT HISTORY? |
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Definition
| indirect history is how other courts have treated your case. |
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Term
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Definition
Update
Direct History of the Case
Research
Indirect History
Check subsequent and prior history
Check negative cases
Are they in your jurisdiction?
Are they mandatory of persuasive authority?
Are they distinguishable from your case?
Find other citing case which may bolster your case |
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Term
| What are signal indicators Lexis? |
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Definition
Red Stop Sign = Warning – contains strong negative history or treatment of your case
Orange square with a “Q” inside –questioned, validity questioned by citing cases
Yellow Triangle = Caution – contains history or treatment that may have a significant negative impact on your case (e.g., distinguished, limited or criticized, but not overruled or reversed.)
Green Diamond with Plus Sign = True Positive – contains history or treatment of your case that has a positive impact on your case (for example, affirmed)
Blue circle with A = Cited and Neutral Analysis indicated – contains treatment of your case that is neither positive or negative (for example, explained).
Blue circle with I = Citation Information Available – citing references are available for your case, but do not have history or treatment analysis (e.g. law review citations) |
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Term
| What are signal indicators? Westlaw. |
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Definition
RED FLAG
Case is no longer good law for at least one of the issues included
Statute has been amended or repealed
YELLOW FLAG
Case has some negative history but has not been directly reversed or overruled
Statute has pending legislation which may affect it
BLUE H
Case has some history, no known negatives
GREEN C citing references but no direct or negative indirect history |
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Term
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Definition
1 star - - which is usually just a string citation
2 stars – less than a paragraph
3 stars – discussion more than a paragraph
4 stars – extended discussion – more than a page. |
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Term
| ENCYCLOPEDIAS Entry points? (CJS OR AMJUR) |
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Definition
Index
Table of Contents Tables |
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Term
| What is best legal encyclopedia? |
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Definition
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Term
| Encyclopedia updating procedure? |
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Definition
| Legal developments volume |
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Term
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Definition
AM JUR has more coverage on statutory law.
AM JUR no comprehensive summary of state rules |
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Term
| State legal encyclopedias? |
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Definition
| Includes many more cites to statutes than Am.Jur. & C.J.S. |
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Term
| Advantages to Using Encyclopedias on Lexis & Westlaw? |
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Definition
Terms & Connectors Searching
Browse the Table of Contents
Hypertext links to cited sources |
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Term
| Disadvantages to Using Encyclopedias on Lexis & Westlaw |
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Definition
Cost of searching online
Fewer access points (e.g., no subject index online)
Harder to browse online (i.e., harder to flip back and forth through “pages”) |
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Term
| WHY ARE STATE ENCYCLOPEDIAS IMPORTANT? |
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Definition
| Contain references to state statutes & are much more detailed than general encyclopedias |
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Term
| Why are periodicals good? |
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Definition
Good source of background information on legal topics that are new to you.
Can use to find cases and/or statutes.
Developing/New areas of law |
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Term
| What to consider with periodicals? |
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Definition
Student author or well known scholar in the field?
Scholarly point of view, not necessarily followed by the courts |
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Term
| Two primary indexes to legal periodical materials |
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Definition
LegalTrac and Index to Legal Periodicals.
Both index online since early 1980s-Present, ILP indexes from late 1800's |
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Term
| What is the difference between a law journal and a bar journal? |
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Definition
| Legal periodicals contain articles about law and law-related subjects and normally fall into one of the following categories: Law school reviews; specialized and scholarly journals; bar association journals; commercial journals in specialized fields; and legal newspapers. |
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Term
| How do access legal periodicals? |
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Definition
| Articles in periodicals are generally accessed through indexes. |
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Term
| What kind of information do you need to locate an article? |
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Definition
| To find an article in the library you will need the complete title of the periodical, volume number, page(s) of the article, author, and the title of the article. |
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Term
| What two on-line computer services can be used to search for legal periodicals? |
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Definition
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Term
| What is an advantage of using the two on-line search engines for periodicals? |
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Definition
| The advantage of these computer services is that the entire text may be searched for any word that appears in the article. |
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Term
| What are the differences between the two on-line search engines? |
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Definition
| Lexis contains the full-text of entire law journals starting in 1982 while Westlaw is selective in its coverage, containing articles which its editors feel are of special interest; the articles in Westlaw come from a larger number of periodicals. |
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Term
| Where would you find the most recent edition of a legal periodical in the Library? |
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Definition
| When first received virtually all legal periodicals are in an unbound paperback form. These unbound issues are shelved behind the Reserve Desk on the 4th Floor. |
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Term
| What are American Law Reports |
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Definition
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Term
| Where are the ALR annotations located in the library? How did you determine the location of the ALR’s? |
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Definition
2nd Floor and the Quick Index can be found at the reserve desk.
Begin with the On-line catalog. Look up ALR by title. |
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Term
| Who writes ALR annotations? |
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Definition
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Term
| What kind of cases do the ALR annotations cover? |
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Definition
| The annotations cover timely and/or controversial opinions |
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Term
| What does a typical annotation cover? |
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Definition
| A typical annotation covers a leading case, summarizes related cases and reviews how the issue is settled in different jurisdictions. |
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Term
| Why are ALR annotations useful? |
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Definition
| An ALR is not authority. At the beginning of a research project, ALR’s provide a general overview or survey of a topic; identify the leading cases in your jurisdiction and refer to other secondary sources that may be helpful. |
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Term
| Are ALR annotations mandatory or persuasive authority? |
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Definition
| ALR annotations are not mandatory authority; but they help in the search for mandatory authority. |
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Term
| How is the ALR Series Organized? |
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Definition
ALR 4th (1980-1992)
ALR 5th (1992- )
ALR Fed (1969- ) |
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Term
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Definition
Total Client Service Library
Article Outline
Article Index
Table of Jurisdictions
Related Matters
Article |
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Term
| What are the elements of an ALR? |
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Definition
Total Client Service Library
Article Outline
Article Index
Table of Jurisdictions
Related Matters
Article |
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Term
| What indexes are available for ALR’s? |
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Definition
Quick Index
ALR Index (6 vol.)
ALR Federal Quick Index |
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Term
| How is the ALR index organized? |
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Definition
| The ALR index lists in alphabetical order all the topics listed in the 2nd thru 5th Editions and the Federal Series. |
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Term
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Definition
ALR Index. Table of Laws Rules and Regulations. Annotation History Table (list of annotations that have been superceded or supplemented).
ALR 3d, ALR 4th, ALR 5th, ALR Federal. Pocket Parts. Latest Case Service (Call 800 225-7488 for cases published subsequent to pocket part). |
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Term
What is the proper format to cite an ALR ARTICLE? Explain the elements of the citation.
Robert Roy, Annotation, Vegetation, Boundaries, Encroachment Of Trees, Shrubbery, Or Other Vegetation Across Boundary Line, 65 ALR4th 603 (1988)
26 ALR3d 6 ? |
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Definition
Author, Annotation, volume, series, page
3 series of ALR, Volume 26, Page 6. |
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Term
| What organization publishes the Restatements? |
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Definition
| The American Law Institute. |
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Term
| What is the purpose of the Restatements? |
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Definition
| The Restatements are an attempt to present a clear and precise restatement of common law rules in broad subject areas such as Contracts, Torts, Property, etc. |
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Term
| How are individual Restatements organized? |
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Definition
| By chapter, topics and numbered sections. |
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Term
| What information does an individual section contain? |
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Definition
| It contains the statement of the principle (“The Black Letter Rule”) or rule, comments, illustrations, reporter’s notes and case annotations. |
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Term
| Do Restatements refer to specific statutes? |
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Definition
| Restatements may cite statutes. They may explain how a statute affects a Restatement rule or how courts have interpreted a statute in light of the statute. |
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Term
| Are Restatement illustrations actual cases? |
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Definition
| No, they are hypothetical situations. |
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Term
| How are individual Restatements updated? |
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Definition
| Pocket parts provide the updates. |
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Term
| What editorial enhancements are contained in the noncumulative appendix volumes for the individual Restatements (2nd and 3 rd Editions)? How are they useful? |
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Definition
Annotation of cases citing Restatement sections.
Cross-references to West’s key number system and American Law Reports (ALR).
Reporter’s notes. |
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Term
| Where in the library are the Restatements located? |
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Definition
| At the Reserve Desk and on the 2nd Floor. |
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Term
| Where can you access the Restatements online? |
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Definition
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Term
| Are Restatements considered to be primary law? |
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Definition
| No, but due to the prestige of the ALI, and its painstaking drafting and adoption process, Restatements are considered persuasive authority by many courts. Numerous Restatement sections have become primary law when a court or legislature has adopted its language. As of March of 1999, courts had cited Restatement sections 144,629 times. The most heavily cited were the Restatement of Torts and the Restatement of Contracts. |
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Term
| Why are proposed or tentative drafts of the Restatements helpful? |
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Definition
| These drafts demonstrate the various changes in thinking regarding common law and legal trends. The drafts are similar to a legislative history because they show how the official version developed and what changes were |
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Term
| When is it best to use a treatise? |
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Definition
| To get background information on a new subject. |
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Term
| What are some variables to consider when deciding to use a treatise? |
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Definition
Date of publication, reputation of author(s), number of footnotes, reputation of
Publisher. |
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Term
| Name two access points for a treatise. |
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Definition
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Term
| How are paper treatises updated? |
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Definition
| Usually a pocket part…when pocket part becomes too large a supplemental volume |
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Term
| ONLINE LIBRARY CATALOG WHAT ARE SOME ACCESS POINTS |
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Definition
Key Words
Subject
Title
Author
Author /Title
Public Law Number
Library of Congress Call Number
Government Document Number
OCLC Number
ISBN or ISSN Number
LC Call numbers |
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Term
| Checklist for case research |
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Definition
Select print digest
Find topic and key number
Read case summaries
Update print research
Pocket Part
Pamphlet
Closing Table
Mini-digest
---
-Formulate search terms and search
-Use custom digest feature or search advisor to search by subject |
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Term
| When to use different digests |
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Definition
Federal - For federal cases
To supplement research done in regional digests
State digests- to reseach state and federal from within an individial state
Regional to locate state from an individual state and federal from surrounding jurisdictions. |
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Term
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Definition
| Summeries of all state and federal cases from all jurisdictions |
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Term
| Wests fedeal digest includes? |
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Definition
summaries of all cases from federal courts
Wests sureme court digest contains summaries of cases the supreme court |
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Term
|
Definition
| Enter citation, in sheperds choose complete or restricted in Westlaw enter citation and review history to determine whether case is still good law |
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Term
| Checklist for electronic legal research? |
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Definition
Select source
consider cost and coverage
Select search technique
citation
table of contents
searching by subject
conducting a word search
Select a catagory of information to search and review results
search narrowist catagory that contains the information you need
browse documents
refine word search
add subtract terms
change proximimty conectors
add or subtract field segments
Reasearch effectivly in westlaw and lexis
westlaw - use term funtion
browse full document in Full or Kwic
cite
Plan research in advance
Use research assistance
Execute searches to account for billing structure
Determine charges for printing or downloading information |
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Term
| Publication process for federal statutes? |
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Definition
Slip law indiviually at time of passing
Then published chronoligically in session law at the end of each session
Then organized into the code by subject |
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