DOCSLIB.ORG

Legal Research 1 Ll.M

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

LEGAL RESEARCH 1 LL.M. Legal Research PRELIMINARIES Legal Authority • Legal Authority can be… • Primary—The Law Itself • Secondary—Commentary about the law Four Main Sources of Primary Authority . Constitutions Establishes structure of the government and fundamental rights of citizens . Statutes Establishes broad legislative mandates . Court Opinions (also called Cases) Interprets and/or applies constitution, statutes, and regulations Establishes legal precedent . Administrative Regulations Fulfills the legislative mandate with specific rules and enforcement procedures Primary Sources of American Law United States Constitution State Constitutions Executive Legislative Judicial Executive Legislative Judicial Regulations Statutes Court Opinions Regulations Statutes Court Opinions (Cases) (Cases) Federal Government State Government Civil Law Common Law Cases • Illustrate or • Interpret exemplify code. statutes • Not binding on • Create binding third parties precedent Statutes (codes) • Very specific • Broader and and detailed more vague French Intellectual Property Code Cases interpret statutes: Parody, like other comment and criticism, may claim fair use. Under the first of the four § 107 factors, “the purpose and character of the use, including whether such use is of a commercial nature ...,” the enquiry focuses on whether the new work merely supersedes the objects of the original creation, or whether and to what extent it is “transformative,” altering the original with new expression, meaning, or message. The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use. The heart of any parodist's claim to quote from existing material is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's work. But that tells courts little about where to draw the line. Thus, like other uses, parody has to work its way through the relevant factors. Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 569–70, 114 S. Ct. 1164, 1166, 127 L. Ed. 2d 500 (1994) Cases establish precedent that is followed in later cases: A "parody has an obvious claim to transformative value," as "it can provide social benefit, by shedding light on an earlier work, and, in the process, creating a new one." Campbell v. Acuff-Rose Music, Inc. 510 U.S. 569, 578, 114 S. Ct. 1164, 127 L.Ed. 2d 500 (1994). Lombardo v. Dr. Seuss Enters., L.P., 729 Fed. Appx. 131, 132, 2018 U.S. App. LEXIS 18367, *3, 2018 WL 3323476 Legal Research (ultimately) is: locating authority that supports the theory of your case, that is mandatory (binding on) or persuasive to the court where your case is being heard, and that is good law. Why do we cite our authority? • To establish authority for a legal claim or argument. • To provide enough information for the judge, opposition, and public to locate and read the source. Example of the Use of Legal Authority In New York, the rule is well settled that an advertisement is merely an invitation to enter into negotiations, and is not an offer that may be turned into a contract by a person who communicates an intention to purchase the advertised item. Geismar v. Abraham & Strauss, 439 N.Y.S.2d 1005 (Dist. Ct. Suffolk Co. 1981). Geismar v. Abraham & Strauss, 439 N.Y.S.2d 1005 (Dist. Ct. Suffolk Co. 1981). R10 p.94 Court THE Parties Reporter BLUEBOOK A Uniform System of Citation Examples of the Use of Legal Authority The Americans with Disabilities Act uses a three-prong test to define "disability." 42 U.S.C. § 12102(2). 42 U.S.C. § 12102(2) States R12 Code p.120 Title Title Section THE United BLUEBOOK A Uniform System of Citation More Examples of the Use of Legal Authority Title VII of the Civil Rights Act of 1964 states, it is “an unlawful employment practice for an employer...to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin”. 42 U.S.C. 2000e-2(a)(1). In Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), the United States Supreme Court confirmed the language in Title VII and the EEOC guidelines related to sexual harassment. Mandatory Authority What the law of a jurisdiction? The constitution, statutes, and regulations of that jurisdiction. The opinions of the highest court in that jurisdiction to have ruled on the legal issue. How do I know whether a particular opinion is binding? A court is bound by, i.e., must rule on a legal issue in the same way as, the opinions of highest court in the jurisdiction to have ruled on that issue. The law of a jurisdiction: State Systems The Federal System Constitution The constitution of that state. Constitution The United States Constitution Statutes The statutes passed by the legislature of that state. Statutes The statutes passed by the U.S. Congress Regulations The regulations promulgated by the agencies of that Regulations The regulations promulgated by U.S. federal agencies. state. Cases The opinions from the highest court in that state to rule on Cases The opinions from the United States Supreme Court or the issue. the highest court in that circuit to rule on the issue. Deeper Dive: Mandatory Authority (Cases) Mandatory (binding authority) comes from: Highest Court? Higher Court of Last Resort Court of Intermediate Appeal Trial Court Lower Federal Court System Higher Lower State Court Systems Higher Lower New York State Court System Higher Lower Same Jurisdiction? Jurisdiction: Territory within which a court may properly exercise its power. Binding cases (opinions) come from: Jurisdiction and Levels of Court: The States Massachusetts California New York New Jersey Supreme Supreme Court of Supreme Judicial Court Court Appeals Court New York New Jersey Massachusetts California Supreme Superior Appeals Court Court of Court, Court, Appeals Appellate Appellate Division Division Massachusetts California New York New Jersey District Court Superior Supreme Superior Court Court Court Federal Jurisdiction: Circuits United States Supreme Court United States United States United States United States Court of Appeals Court of Appeals Court of Appeals Court of Appeals for the 1st Circuit for the 2nd Circuit for the 3rd Circuit for the 4th Circuit D D DD D D.Me. D.N.H. D.Mass.. D.R.I. S.D.N.Y. W.D.N.Y. D.. Conn. N.D.N.Y. W.PA M.PA E.PA.. D.NJ N.D.W.Va. S.D.W.Va. E.D.Va.. W.D.Va. M M MM M e e e e e E.D.N.Y. D.Vt. D.DE W.D.N.C. M.D.N.C. E.D.N.C. D.S.C. What is persuasive authority? . Everything that isn’t binding . Authority from a different jurisdiction . Authority from the same or lower level of court. Secondary Authority (commentary about the law)*. *Sometimes very persuasive but never mandatory (binding). What is Secondary Authority? Commentary on or analysis of the law Can help explain complex legal concepts that would be difficult for an uninformed researcher to grasp Introduces the vocabulary and “terms of art” of and area of law. Collects & summarize related primary law in a single location Types of Secondary Sources • Legal encyclopedia • American Law Reports (A.L.Rs ) • Treatises • Legal periodicals Footnotes (and internal citations) are Your Friend! You + Citations = They contain: References to cases, statutes & regulations References to other useful secondary sources Legal Periodicals v. Treatises v. Legal Encyclopedia v. American Law Reports What kind of secondary source should I use? • I need a quick summary/overview of an area of the law so I know the basics and can spot some preliminary issues. • Encyclopedias • I’d like to develop a deep understanding of an area of the law, identify major primary sources & understand how those sources work together. • Treatises • I’d like to find the governing principles (with citations to primary sources) in an area of the law in my jurisdiction. • Treatises about a topic that focus only on my jurisdiction (ex. NY Products Liability) • Encyclopedias that focus on my jurisdiction (ex. NY Jur) • American Law Reports (ALRs) What kind of secondary source should I use? • I’d like to learn about the historical development of an area of the law whether statutory or case‐based • Law review articles • Treatises • I’d like to find cases that address specific factual scenarios • ALRs • Restatements • Encyclopedias • I want to make a novel argument or research a developing area of the law • Law review articles • I need to draft a document like a pleading, motion or transactional document: • Form books & other practice materials Remember secondary sources Are NOT binding. Never cite a secondary source in legal work. Cite the primary sources you found IN the secondary source. How to find a Secondary Source: 1. Use tools (research guides, library catalog, and reference desk) to help decide: Type of secondary source AND/OR Name of specific secondary source 2. Locate the source, either in print or electronically 3. With keywords identified during research plan, use the Index and Table of Contents to guide you to the correct sections Remember books? Look for your broad concept of the law first Then look for more precise facts Note down the citation and then look it up in main volumes Table of Contents Table of Contents Legal Research (ultimately) is: Locating authority that supports the theory of your case, that is mandatory (binding on) or persuasive to the court where your case is being heard, And that is good law. What is good law? A legal opinion is no longer good law if it has been: .overturned on appeal.
Recommended publications
  • Supreme Court of Vermont- Nathaniel West V

    Supreme Court of Vermont- Nathaniel West V

    West v. Holmes, 26 Vt. 530 (1854) contract 26 Vt. 530 Gaming and Lotteries Supreme Court of Vermont. Stakeholders NATHANIEL WEST All wagers are illegal; and a party making such a v. wager and depositing it in the hands of a GEORGE R. HOLMES. stakeholder may, by demanding it back at any time before it is paid over to the winner by his April Term, 1854. express or implied assent, entitle himself to recover back the money or other thing, and the stakeholder will be liable if he subsequently pays the winner. West Headnotes (4) 1 Cases that cite this headnote [1] Contracts Recovery of money paid or property transferred Gaming and Lotteries [4] Contracts Persons entitled to recover Recovery of money paid or property transferred At common law, the parties to a gaming Gaming and Lotteries transaction stand in pari delicto, and money lost Particular Contexts and paid over cannot be recovered. Money lost upon an ordinary wager does not come within C.S. 1850, c. 110, § 12, which 1 Cases that cite this headnote provides for the recovery of money lost at a “game or sport.” Cases that cite this headnote [2] Contracts Recovery of money paid or property transferred Gaming and Lotteries Persons liable and extent of liability Where a stakeholder pays the money over to the **1 *531 ASSUMPSIT for money had and received. winner, after the other party has demanded it of him, the loser may pursue the money into the Plea, the general issue, and trial by the court. winner’s hands, or into the hands of any person to whom it comes.
  • A Handbook of Citation Form for Law Clerks at the Appellate Courts of the State of Hawai#I

    A Handbook of Citation Form for Law Clerks at the Appellate Courts of the State of Hawai#I

    A HANDBOOK OF CITATION FORM FOR LAW CLERKS AT THE APPELLATE COURTS OF THE STATE OF HAWAI ###I 2008 Edition Hawai #i State Judiciary 417 South King Street Honolulu, HI 96813 TABLE OF CONTENTS I. CASES............................................ .................... 2 A. Basic Citation Forms ............................................... 2 1. Hawai ###i Courts ............................................. 2 a. HAWAI #I SUPREME COURT ............................... 2 i. Pre-statehood cases .............................. 2 ii. Official Hawai #i Reports (volumes 1-75) ............. 3 iii. West Publishing Company Volumes (after 75 Haw.) . 3 b. INTERMEDIATE COURT OF APPEALS ........................ 3 i. Official Hawai #i Appellate Reports (volumes 1-10) . 3 ii. West Publishing Company Volumes (after 10 Haw. App.) .............................................. 3 2. Federal Courts ............................................. 4 a. UNITED STATES SUPREME COURT ......................... 4 b. UNITED STATES COURTS OF APPEALS ...................... 4 c. DISTRICT COURTS ...................................... 4 3. Other State Courts .......................................... 4 B. Case Names ................................................... 4 1. Case Names in Textual Sentences .............................. 5 a. ACTIONS AND PARTIES CITED ............................ 5 b. PROCEDURAL PHRASES ................................. 5 c. ABBREVIATIONS ....................................... 5 i. in textual sentences .............................. 5 ii. business
  • Teaching Rule Synthesis with Real Cases

    Teaching Rule Synthesis with Real Cases

    245 Teaching Rule Synthesis with Real Cases Paul Figley Rule synthesis is the process of integrating a rule or principle from several cases.1 It is a skill attorneys and judges use on a daily basis to formulate effective arguments, develop jurisprudence, and anticipate future problems.2 Teaching new law students how to synthesize rules is a critical component in training them to think like lawyers.3 While rule synthesis is normally taught in legal writing classes, it has application throughout the law school experience. Academic support programs may teach it to students even before their first official law school class.4 Many professors convey analytical lawyering skills, including rule synthesis, in their 1. Richard K. Neumann, Jr. & Sheila Simon, Legal Writing 55 (Aspen 2008) (“Synthesis is the binding together of several opinions into a whole that stands for a rule or an expression of policy.”). 2. Jane Kent Gionfriddo, Thinking Like A Lawyer: The Heuristics of Case Synthesis, 40 Tex. Tech L. Rev. 1, 7 (2007). On a more pedestrian level, good litigators develop the facility to read the cases cited by an opponent in support of its proposed rule, and synthesize from them a different, more credible rule that undermines the opponent’s case. 3. See id. at 7; see also Kurt M. Saunders & Linda Levine, Learning to Think Like A Lawyer, 29 U.S.F. L. Rev. 121, 125 (1994). 4. See Sonia Bychkov Green, Maureen Straub Kordesh & Julie M. Spanbauer, Sailing Against the Wind: How A Pre-Admission Program Can Prepare at-Risk Students for Success in the Journey Through Law School and Beyond, 39 U.
  • Principles of Administrative Law 1

    Principles of Administrative Law 1

    CP Cavendish Publishing Limited London • Sydney EDITORIAL ADVISORY BOARD PRINCIPLES OF LAW SERIES Professor Paul Dobson Visiting Professor at Anglia Polytechnic University Professor Nigel Gravells Professor of English Law, Nottingham University Professor Phillip Kenny Professor and Head of the Law School, Northumbria University Professor Richard Kidner Professor and Head of the Law Department, University of Wales, Aberystwyth In order to ensure that the material presented by each title maintains the necessary balance between thoroughness in content and accessibility in arrangement, each title in the series has been read and approved by an independent specialist under the aegis of the Editorial Board. The Editorial Board oversees the development of the series as a whole, ensuring a conformity in all these vital aspects. David Stott, LLB, LLM Deputy Head, Anglia Law School Anglia Polytechnic University Alexandra Felix, LLB, LLM Lecturer in Law, Anglia Law School Anglia Polytechnic University CP Cavendish Publishing Limited London • Sydney First published in Great Britain 1997 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX. Telephone: 0171-278 8000 Facsimile: 0171-278 8080 e-mail: [email protected] Visit our Home Page on http://www.cavendishpublishing.com © Stott, D and Felix, A 1997 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyright Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the permission in writing of the publisher.
  • Principles of Tort Law Rachael Mulheron Frontmatter More Information

    Principles of Tort Law Rachael Mulheron Frontmatter More Information

    Cambridge University Press 978-1-108-72764-8 — Principles of Tort Law Rachael Mulheron Frontmatter More Information Principles of Tort Law Presenting the law of Tort as a body of principles, this authoritative textbook leads students to an incisive and clear understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences, and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by numerous diagrams and tables, which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, while key reform pro posals and leading cases from other jurisdictions illustrate different potential solutions to conun- drums in Tort law. A rich companion website, featuring semesterly updates, and ten additional chapters and sections on more advanced areas of Tort law, completes the learning package. Written speciically for students, the text is also ideal for practitioners, litigants, policy-makers, and law reformers seeking a comprehensive and accurate understanding of the law. Rachael Mulheron is Professor of Tort Law and Civil Justice at the School of Law, Queen Mary University of London, where she has taught since 2004. Her principal ields of academic research concern Tort law and class actions jurisprudence. She publishes regularly in both areas, and has frequently assisted law reform commissions, government departments, and law irms on Tort-related and collective redress- related matters. Professor Mulheron also undertakes extensive law reform work, previously as a member of the Civil Justice Council of England and Wales, and now as Research Consultant for that body.
  • Current Sources for Federal Court Decisions Prepared by Frank G

    Current Sources for Federal Court Decisions Prepared by Frank G

    Current Sources for Federal Court Decisions Prepared by Frank G. Houdek, January 2009 Level of Court Name of Court Print Source Westlaw* LexisNexis* Internet TRIAL District Court Federal Supplement, 1932 •Dist. Court Cases—after •US Dist. Court Cases, U.S. Court Links (can select (e.g., S.D. Ill.) to date (F. Supp., F. 1944 Combined by type of court & Supp. 2d) •Dist. Court Cases—by •Dist. Court Cases—by location) circuit circuit http://www.uscourts.gov •Dist Court Cases—by •Dist. Court Cases—by state /courtlinks/ state/territory Federal Rules Decisions, 1938 to date (F.R.D.) Bankruptcy Court Bankruptcy Reporter, •Bankruptcy Cases—by US Bankruptcy Court Cases U.S. Court Links (can select 1979 to date (B.R.) circuit by type of court & location) •Bankruptcy Courts http://www.uscourts.gov /courtlinks/ INTERMEDIATE Courts of Appeals (e.g., Federal Reporter, 1891 to •US Courts of Appeals •US Courts of Appeals U.S. Court Links (can select APPELLATE 7th Cir., D.C. Cir.) date (F., F.2d, F.3d) Cases Cases, Combined by type of court & location) [formerly Circuit •Courts of Appeals •Circuit Court Cases—by http://www.uscourts.gov Courts of Appeals] Cases—by circuit circuit /courtlinks/ Federal Appendix, 2001 to US Courts of Appeals date (F. App’x) Cases, Unreported HIGHEST Supreme Court •United States Reports, All US Supreme Court US Supreme Court Cases, •Supreme Court of the APPELLATE 1790 to date (U.S.) Cases Lawyers’ Edition United States, •Supreme Court Reporter, 1991–present, 1882 to date (S. Ct.) http://www.supremecour •United States Supreme tus.gov/opinions/opinion Court Reports, s.html Lawyers’ Edition, 1790 •HeinOnline, vol.
  • HEADNOTE: Denise Ford V. Sherman Douglas, No. 1228, September Term, 2001

    HEADNOTE: Denise Ford V. Sherman Douglas, No. 1228, September Term, 2001

    HEADNOTE: Denise Ford v. Sherman Douglas, No. 1228, September Term, 2001 _________________________________________________________________ TORTS – STATUTE OF LIMITATIONS – The statute of limitations for the tort of battery is three years. REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1228 September Term, 2001 DENISE FORD v. SHERMAN DOUGLAS Hollander, Eyler, James R., Kenney, JJ. Opinion by Eyler, James R., J. Filed: June 4, 2002 The primary question in this case is whether the statute of limitations applicable to battery is one year or three years. We hold that it is three years. Factual Background On June 16, 2000, Denise Ford, appellant, filed a complaint in the Circuit Court for Montgomery County against Sherman Douglas, appellee. Appellant alleged that on January 1, 1999, an incident occurred between the parties outside of a nightclub in the District of Columbia. During a period of time prior to January 1, 1999, the parties lived together and had a child. Based on the January 1 encounter, appellant alleged assault in Count 1 and battery in Count 2. Appellant alleged intentional infliction of emotional distress in Count 3, based on the assault and battery plus periodic threats and intimidation throughout their relationship. On July 24, 2000, appellee filed a motion to dismiss Counts 1 and 2 on the ground that they were barred by limitations. On July 27, 2000, appellant filed an amended complaint, in which she alleged additional assaults by appellee in the spring, summer, and fall of 1999, and the spring of 2000. Appellant also expanded her allegations with respect to the tort of intentional infliction of emotional distress by alleging that the assaults and other acts had occurred over a long period of time and were ongoing.
  • Research Guide

    Research Guide

    Research Guide FINDING CASES I. HOW TO FIND A CASE WHEN YOU KNOW THE CITATION A. DECIPHERING LEGAL CITATIONS 1. CASE CITATIONS A case citation includes: the names of the parties, the volume number of the case reporter, the abbreviated name of the reporter, the page number where the case can be found, and the year of the decision. EXAMPLE: Reserve Insurance Co. v. Pisciotta, 30 Cal.3d 800 (1982). Reserve Insurance Co. v. Pisciotta = names of the parties 30 = volume number of the case reporter Cal. = abbreviated name of the case reporter, California Reports 3d = series number of the case reporter, California Reports 800 = page number of the case reporter (1982) = year of the decision 2. ABBREVIATIONS OF REPORTER NAMES The abbreviations used in citations can be deciphered by consulting: a. Prince’s Bieber Dictionary of Legal Abbreviations, 6th ed. (Ref. KF 246 .p74 2009) b. Black's Law Dictionary (Ref. KF 156 .B624 2009). This legal dictionary contains a table of abbreviations. Copies of Black's are located on dictionary stands throughout the library, as well as in the Reference Collection. 3. REPORTERS AND PARALLEL CITATIONS A case may be published in more than one reporter. Parallel citations indicate the different reporters publishing the same case. EXAMPLE: Reserve Insurance Co. v. Pisciotta, 30 Cal.3d 800, 180 Cal. Rptr. 628, 640 P.2d 764 (1982). 02/08/12 (Rev.) RG14 (OVER) This case will be found in three places: the "official" California Reports 3d (30 Cal. 3rd 800); and the two "unofficial" West reporters: the California Reporter (180 Cal.
  • Federal Case Resources

    Federal Case Resources

    Subject Guide #27 02/17/08 Federal Case Resources CASE REPORTERS: Researchers will find three levels of courts in the federal judicial system: the United States District Courts (the trial courts), the United States Courts of Appeals (the intermediate appellate courts), and the United States Supreme Court (the court of last resort). Judges issue written decisions (opinions), which are published chronologically in bound volumes called reporters. Reporters are located on Level 3. Newer cases are in paperbound advance sheets next to the bound volumes of each reporter. Official reporters are those published under government authority. Reporters published by commercial publishers are called unofficial reporters. Be aware that the same opinion can appear in more than one reporter. See Rule 10 in The Bluebook: A Uniform System of Citation, 18th ed., for citation guidance at Level 3 KF 245 .U55 2005; Level 3 Ref. Desk KF 245 .U55 2005; Level 2 RESERVE LAWYERING PROCESS KF 245 .U55 2005. *U.S. SUPREME COURT CITATION: Price Waterhouse v. Hopkins, 490 U.S. 228 (1989). Vol. Reptr. Page Date *U.S. COURTS OF APPEALS CITATION: Hopkins v. Price Waterhouse, 825 F.2d 458 (D.C. Cir. 1987). Vol.. Page Court Date Reptr. Series *U.S. DISTRICT COURTS CITATION: Hopkins v. Price Waterhouse, 618 F.Supp. 1109 (D.D.C.1985). Vol. Reptr. Page Court Date * (See Rule 10 The Bluebook for guidance.) Westminster Law Library, University of Denver Sturm College of Law http://www.law.du.edu/library/ DIGESTS: All West digests are case reporter indexes organized by over 400 topics which are then subdivided into narrower key numbers.
  • Civil Infraction

    Civil Infraction

    In Re: Calvin S. No. 0607 September Term, 2005 HEADNOTE SEARCH AND SEIZURE - CIVIL INFRACTION - After police officers observed a minor in possession of a cigarette – conduct which is prohibited by Maryland Code (2002), Criminal Law Article, § 10-108, and is a civil offense for which a citation may be issued – the officers’ suspicion that the minor might be in possession of additional tobacco products did not justify their frisk and search of the minor’s person. Consequently, the court should have granted the minor’s motion to suppress the evidence of illegal drugs that the police discovered when they conducted their search. REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 607 September Term, 2005 ___________________________________ IN RE: CALVIN S. Salmon, Adkins, Meredith, JJ. Opinion by Meredith, J. Filed: August 31, 2007 This case arises out of a warrantless search of a minor, Calvin S., by officers of the Salisbury Police Department after the officers observed the 17-year old smoking a cigarette.1 Upon searching Calvin’s person to see if he had any additional tobacco in his possession, the officers found a plastic bag containing five rocks of crack cocaine, and charged Calvin with narcotics violations. The Circuit Court for Wicomico County, sitting as a juvenile court, denied Calvin’s motion to suppress the cocaine, concluding that the search did not violate the Fourth Amendment because the police were looking for contraband. Subsequently, the circuit court entered a delinquency judgment against Calvin. The sole question presented in this case is whether probable cause to believe an individual is committing a civil offense provides a constitutionally valid basis for a warrantless search of the individual’s person.
  • California Primary

    California Primary

    Sacramento County Public Law Library 609 9th St. Sacramento, CA 95814 saclaw.org (916) 874-6012 >> Home >> Law 101 CALIFORNIA PRIMARY LAW RESOURCES California Law The purpose of this guide is to identify all of the California primary law in the Law Library’s collection, and how to access each type. Primary law includes constitutions and charters, statutes and ordinances, legislative documents, and court opinions (cases) and court rules, and administrative regulations and rulings. Related Guides: California Legislative History Reading Citations Keycite: Alternative to Shepardizing Federal Primary Law West Digests Using Shepard’s® Citation Service BASICS Primary sources are “the law” itself, which we are bound to follow. Secondary sources are materials about the law; they explain and help us to find “the law” in a given situation. Although secondary sources, sometimes called “persuasive authority,” are very useful in legal research, and courts often consider them, no one is legally bound by them. An example of primary law is Deering's California Codes Annotated. This multi-volume set contains California’s statutes, codified (organized by subject) into 29 titles. An example of a secondary source is A Summary of California Law by B.E. Witkin, a critical examination of California law. While Witkin’s analysis is highly regarded and often cited by California courts, it is not “the law.” The Law Library has the majority of California primary law in print or online in Westlaw and Lexis Advance, which may only be used in the Law Library. Westlaw content is organized by type of resource and jurisdiction. Start from the Home Page, select the [State Materials] tab and select [California], then select the type of material you need, for example, [California Proposed & Enacted Legislation].
  • ALWD Federal Citation Formats

    ALWD Federal Citation Formats

    ALWD Federal Citation Formats Below are examples of the Association of Legal Writing Directors (ALWD) style citations most commonly used by students at the College of DuPage. For additional examples and rules, please consult the ALWD Citation Manual. ALWD & Darby Dickerson, ALWD Citation Manual (4th ed., Aspen Publisher 2010). The below citation examples have been compiled by Lorri Scott, J.D., Maria Mack, J.D., and Linda Jenkins, J.D., from the C.O.D. Paralegal Studies Program. They were updated by Linda Jenkins, J.D. and Anne Knight, J.D., in December 2012. ALWD Federal Citations General Rules • Follow General Abbreviations (ALWD Appendix 3) when listing countries, states, cities, districts, dates, etc. • Case names are italicized (Tex. v. Johnson) or underlined (Tex. v. Johnson). (ALWD 1.1) • Do not italicize or underline the comma after the case name. (ALWD 1.4) • Abbreviate versus to "v." • Place a period after every citation. All citations are complete sentences. United States Supreme Court [Case name], [official reporter volume number] [official reporter abbreviation] [initial page number] (Date). Tex. v. Johnson, 491 U.S. 397 (1989). • ALWD 12.4 (c) states one should cite only the official reporter, unless it is unavailable. • Note: ALWD 12.2(h)(2) states it is optional to abbreviate the state name. The case could also be cited Texas v. Johnson, 491 U.S. 397 (1989). • Bluebook requires the full state name. Tip: The Bluebook citation is Texas v. Johnson, 491 U.S. 397 (1989). Follow the format favored by your boss or by the judge for whom you are preparing documents.