Legal Research Assistance

Total Page：16

File Type：pdf, Size：1020Kb

North Dakota Supreme Court Law Library Judicial Wing, 2nd Floor 600 E. Boulevard Avenue Bismarck, ND 58505-0450 (701) 328-4496 LEGAL RESEARCH ASSISTANCE Law Library Staff CAN: • Help you locate a statute or case when you have a specific reference or citation • Direct you to sources of law, including statutes and cases • Direct you to court rules • Direct you to books about the law • Show you how a particular title or set of books is organized and indexed • Show you how to access and use the Law Library’s catalog and public databases • Help you locate Law Library resources • Give you basic instruction on the use of library materials and electronic resources Law Library Staff CANNOT: • Conduct legal research on your behalf • Give you legal advice or advise you of your legal rights and responsibilities • Interpret the meaning of statutes, cases, rules or regulations • “Update” cases, statutes, etc. or tell you if they are still good law or have been overruled • Recommend a course of action • Recommend a specific attorney North Dakota Supreme Court Law Library Mission Statement The Primary purpose of the law library is to support the legal information needs of the North Dakota Supreme Court and the judicial system. The secondary purpose is to support the legislature and administrative agencies of the state. The library's resources are also available to the members of the North Dakota bar and the public. The availability to others is limited to the extent it does not compromise the library's primary purpose. .

Copy Link

Recommended publications

Legal Research, Legal Writing, and Legal Analysis: Putting Law School Into Practice
File: Rowe.381.GALLEY(f).doc Created on: 10/5/2009 2:06:00 PM Last Printed: 10/5/2009 2:10:00 PM LEGAL RESEARCH, LEGAL WRITING, AND LEGAL ANALYSIS: PUTTING LAW SCHOOL INTO PRACTICE Suzanne E. Rowe∗ When I began law school, I thought my goal was to master— and memorize—every case, statute, and rule I would need to practice law. I would put all this knowledge into a magic brief- case. Then when a client came to see me with a problem, I would reach into my magic briefcase and pull out the obvious answer! I was wrong. First, no one could ever memorize enough law to make my magic briefcase work; one visit to the library shows how naive I was. Second, most legal questions do not have obvious an- swers. If the answers were obvious, clients would not be willing to pay much for a lawyer’s services. Instead of memorizing cases that would solve easy problems, I learned that researching, analyzing, and writing about the law occurs as a complex, interwoven process. Through that process, lawyers learn of the law that exists and then fashion arguments, documents, and transactions to solve clients’ problems; novel ap- proaches are steeped in the cases, statutes, and rules that the lawyer has located through thorough research. That process—not magic—is the practice of law. In all law school classes, students learn legal analysis. In classes devoted to legal research and writing, students weave analysis into research and writing and learn how to practice law.1 This article intro- ∗ © 2009, Suzanne E.
[Show full text]
Technique of Legal Research for the Practicing Lawyer*
LAW LIBRARY. JOURNAL Volume 31 JANUARY, 1938 Number 1 TECHNIQUE OF LEGAL RESEARCH FOR THE PRACTICING LAWYER* FREDERICK c.·HICKS Professor of Law and Law Librarian, Yale University Law School ·Research is a word to conjure with. By its use vast sums of money have been extracted from the treasuries of foundations, corporations and universities, and by devotion to it in action, the ancient world has been transformed into the marvelous world o£ today. There are two kinds o£ research, pure research which seeks to extend the bounds of knowledge by discoveries; and a more humble kind which takes facts already known, assembles them, and classifies them in new ways, thereby bringing to light new relationships·. In this kind of research, one searches again for the innermost meaning of that which is dealt with. It is in this sense that lawyers do research. Not only practicing lawyers, but legislators, judges, and legal writers also engage in this secondary kind of research. They do more than this when they seek not merely legislation and judicial decisions, but all elements which in the end will affect the result. These elements are very numerous and they are constantly changing. It is for this reason that the simple question What is the law on this or that point? is so difficult to answer. For the lawyer knows that quoting the words of a statute or case does not tell what the result of new litigation will be. In other words, bel;avior changes concerning the pronouncements of legislatures and courts, both on the part of judges and of enforcement officers.
[Show full text]
Legal Analysis, Research, and Writing
8 CHAPTER LEGAL ANALYSIS, RESEARCH, AND WRITING SUMMARY OF KEY CONCEPTS possibility of treating the county’s inadequate storm drain systems as a public or private nui- Section 1. Legal Analysis sance. Obviously, the legal assistant will have to understand the concept of “nuisance” and its pri- Legal analysis is the link between legal research vate and public variations. It will be necessary to and legal writing. Legal research is the foundation determine whether a local government is exempt for sound legal analysis. Paralegals engage in legal from nuisance liability, either by statute or under research to: the common law. Although the attorney has not • answer specific questions; asked the legal assistant to research issues of dam- • find legal principles and authorities that can ages, she should be alert for case law which might affect the client’s interests; and, support the recovery of damages for emotional distress, in case that issue arises later. • provide guidance for the client to deal with When researching these issues, the paralegal some situation in a lawful and beneficial will be using various sources of legal authority. It is manner. essential to understand their differences and how To be successful in legal research, one must un- they can govern or influence the outcome of any le- derstand her objective. When the legal assistant gal controversy. Primary sources always state the takes on a new research assignment, it is custom- law, and are either constitutional, statutory, regula- ary for the attorney to brief her on the circum- tory or case law. Primary sources for Texas law are stance and purpose, so that her research can be fo- mandatory authority for the courts of Texas—those cused and effective.
[Show full text]
10 Must-Know Tips for Internet Legal Research on the Cheap
ATTORNEY AT WORK TIP SHEET F R D E E O A 10 Must-Know Tips D O W N L for Internet Legal Research on the Cheap To help lawyers find reliable free or low-cost resources online, and to learn to use them effectively, Carole Levitt, a lawyer and former law librarian, collaborated with Judy Davis, a lawyer and current law librarian, to write “Internet Legal Research on a Budget” (ABA, 2014). They tested and evaluated the best legal research sites — describing how to actually use each site, often step by step, and with plenty of screen shots to illustrate. Since saving money is always worth investigating, we asked Carole for a few quickly digestible nuggets to get you started. She came through with links to the go-to spots for resolving legal quandaries on the cheap — and you’ll find a special offer at the end of this tip sheet, too. — Attorney at Work BY CAROLE A. LEVITT | Legal research and the Internet clearly go hand in hand — 96 percent of lawyers in the 2013 ABA Legal Technology Survey said they conduct legal research online. But despite the abundant free resources available on the Internet, most new lawyers spend their research hours piling up database charges. A 2012 Research Intelligence Group survey found that new associates (in practice five years or less) did an average of 14.5 hours of legal research per week — but only four of those hours were spent using free or low-cost online resources. The same is likely true for a lot of experienced lawyers — sometimes it’s just easier to stick with the tools you’ve used over the years.
[Show full text]
Legal Research for Young Lawyers
Legal Research for Young Lawyers “Lawyers do not know so much more law than other people, but they know better where to find it.” - King George II Course objectives: To guide you in developing a research methodology that can apply to any legal question, big or small. To expose you to new sources beyond Westlaw and Lexis. To make provide you with the tools you need to be cost-effective on Westlaw or Lexis. To help you understand when the research phase should come to an end. The Major Stages of Legal Research 1. Identification and Formulation of a Research Problem 2. Review of Literature 3. Formulation of a Hypothesis 4. Research Design 5. Collection of Data 6. Analysis & Interpretation of Data 7. Research Report 1. Identification and Formulation of a Research Problem: A problem well put is half solved. This stage is of the utmost importance. In fact, success of research depends upon the selection of an apt research problem and its proper formulation. A researcher must always be mindful of the fact that the question must be phrased in such a way that it becomes viable and allows for the discovery of new knowledge. In other words, your initial research questions should be broad, yet targeted. First, identify your objective. Are you asking the court for relief? Are you opposing relief? Is the goal an evidentiary hearing? A summary judgment? Second, identify the particular research problems that stand between you and your objective. What law do you need to know to make your argument? What facts, statistics, etc.
[Show full text]
10 Quick Tips for Using Westlaw
QUICK REFERENCE GUIDE 10 Quick Tips for Using Westlaw Westlaw contains many features that help you do effi cient research. Here are 10 tips for common research tasks on Westlaw®. Many of these tasks can be done from a single location – the search box, powered by WestSearch®, at the top of every Westlaw page. 1. Find a document by citation Type the Find command ( fi nd: or fi : ), followed by a citation, in the search box at the top of any page. The format is fl exible and not sensitive to spaces or case. To fi nd multiple citations, type fi nd: or fi : followed by up to 30 citations, separated by semicolons or hard returns, in the search box. 2. Use autosuggest to fi nd a case by party name, publication, content to search and more To search for a case, specifi c publication or content set, type a few letters of what you are looking for in the search box and select the content you want from the drop-down list. QUICK REFERENCE GUIDE 3. Check a citation in KeyCite to determine whether your case, statute, administrative decision, or regulation is still good law Type the KeyCite® command ( keycite: or kc: ), followed by a citation, in the search box. Note: For a reminder of what the fl ags mean, click the Powered by KeyCite at the top of a document 4. Run searches in plain language or Terms and Connectors Use plain language or Terms and Connectors to search on Westlaw. WestSearch, a search engine designed specifi cally for law, incorporates over 125 years of proprietary analysis of the law and exclusive tools like Key Numbers, KeyCite, headnotes, notes of decisions, indexes, and secondary sources to deliver relevant results no matter what type of search you run.
[Show full text]
Legal Research Using Technological Tools: Librarians' View
Cleveland State University EngagedScholarship@CSU Law Faculty Contributions to Books Faculty Scholarship 2015 Legal Research Using Technological Tools: Librarians' View Lauren M. Collins Cleveland-Marshall College of Law, Cleveland State University, [email protected] Susan Silver Whitney Curtis Follow this and additional works at: https://engagedscholarship.csuohio.edu/fac_book_contributions Part of the Education Law Commons, Law Librarianship Commons, and the Legal Writing and Research Commons How does access to this work benefit ou?y Let us know! Repository Citation Collins, Lauren M.; Silver, Susan; and Curtis, Whitney, "Legal Research Using Technological Tools: Librarians' View" (2015). Law Faculty Contributions to Books. 244. https://engagedscholarship.csuohio.edu/fac_book_contributions/244 This Contribution to Book is brought to you for free and open access by the Faculty Scholarship at EngagedScholarship@CSU. It has been accepted for inclusion in Law Faculty Contributions to Books by an authorized administrator of EngagedScholarship@CSU. For more information, please contact [email protected]. LEGAL STUDIES RESEARCH PAPER SERIES Research Paper No. 123 LEGAL RESEARCH USING NEW TECHNOLOGICAL TOOLS Whitney A. Curtis Susan Silver Lauren Michelle Collins Research Methods in the Study of Legal Issues in Education 2nd Edition (Forthcoming) Electronic copy available at: http://ssrn.com/abstract=2534190 Legal Research Using New Technological Tools Introduction The technology revolution has impacted every aspect of our daily lives. It is hard to imagine a world without smartphones and the Internet. Where and how we access information has changed dramatically over the last decade. Gone are the days of traveling to the library check out books and read printed journal articles.
[Show full text]
The Implications of Westlawnext on Legal Research Ronald Wheeler Boston Univeristy School of Law
Boston University School of Law Scholarly Commons at Boston University School of Law Faculty Scholarship 2011 Does WestlawNext Really Change Everything: The Implications of WestlawNext on Legal Research Ronald Wheeler Boston Univeristy School of Law Follow this and additional works at: https://scholarship.law.bu.edu/faculty_scholarship Part of the Legal Writing and Research Commons Recommended Citation Ronald Wheeler, Does WestlawNext Really Change Everything: The Implications of WestlawNext on Legal Research, 103 Law Library Journal 359 (2011). Available at: https://scholarship.law.bu.edu/faculty_scholarship/518 This Article is brought to you for free and open access by Scholarly Commons at Boston University School of Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarly Commons at Boston University School of Law. For more information, please contact [email protected]. University of San Francisco School of Law University of San Francisco Law Research Paper No. 2011-09 DOES WESTLAWNEXT REALLY CHANGE EVERYTHING: THE IMPLICATIONS OF WESTLAWNEXT ON LEGAL RESEARCH Ronald E. Wheeler Jr. Electronic copy available at: http://ssrn.com/abstract=1773767 LAW LIBRARY JOURNAL Vol. 103:3 [2011-23] Does WestlawNext Really Change Everything? The Implications of WestlawNext on Legal Research* Ronald E. Wheeler** WestlawNext, Thomson Reuters’s newest electronic research service, has now been around for over a year. Professor Wheeler shares his thoughts on how this service may impact various aspects of legal research, and suggests that further study and research are necessary to fully evaluate and understand the system. Introduction . .359 What.Is.WestlawNext?. .360 The.Process.of.Legal.Research.
[Show full text]
Legal Research Guide & Checklist
Legal Research Guide & Checklist This is a basic step by step guide and checklist for legal research. This guide and checklist is designed to be printed and used for note-taking while you conduct legal research into your issue or question. Use this guide & checklist along with the legal research resources available in the Legal Research section of the North Dakota Legal Self Help Center website. Before you start your legal research, you should know the basic difference between substantive law and procedural law. • Substantive law is the law that establishes our legal rights and responsibilities and grants jurisdiction (authority) to a court to hear and decide a case. Substantive law includes the North Dakota Constitution, laws (statutes) enacted by the North Dakota State Legislature, and the case law (opinions) of the North Dakota Supreme Court. Substantive law answers questions like: o Can I get a divorce in North Dakota? How are property and debt divided in a divorce? o Can I ask a North Dakota state court to establish custody and visitation? What factors will the court use to decide who gets primary custody? o Can I sue someone who owes me money in North Dakota Small Claims court? o What are my rights and responsibilities as a tenant or a landlord? What are the reasons a landlord can evict a tenant? • Procedural law is the law that governs the process of bringing a case to court and how the case proceeds once it gets to court. Procedural law is found in the court rules enacted by the North Dakota Supreme Court, including the North Dakota Rules of Civil Procedure and the North Dakota Rules of Evidence.
[Show full text]
A Study of Attorneys' Legal Research Practices and Opinions of New Associates' Research Skills
A STUDY OF ATTORNEYS’ LEGAL RESEARCH PRACTICES AND OPINIONS OF NEW ASSOCIATES’ RESEARCH SKILLS June 2013 Conducted and Prepared by the ALL-SIS Task Force on Identifying Skills and Knowledge for Legal Practice SUSAN NEVELOW MART (CHAIR) Colorado Law, University of Colorado at Boulder SHAWN NEVERS (VICE-CHAIR) Brigham Young University, J. Reuben Clark Law School TONI AIELLO Hofstra University, Maurice A. Deane School of Law SHERI LEWIS The University of Chicago Law School BARBARA PAINTER Texas Tech University School of Law ALISON SHEA Fordham University School of Law NANCY TALLEY Rutgers University School of Law - Camden NOLAN WRIGHT Southern Illinois University School of Law JASON ZARIN Georgetown University Law Center A Study of Attorneys’ Legal Research Practices and Opinions of New Associates’ Research Skills CONTENTS INTRODUCTION ...............................................................................................................1 I. DRAFTING THE SURVEY ......................................................................................1 II. SURVEY DISTRIBUTION .......................................................................................2 III. QUESTIONS POSED TO PRACTITIONERS ...............................................................2 IV. APPROACH TO STATISTICAL ANALYSIS ...............................................................3 V. RESPONDENT DEMOGRAPHICS ............................................................................4 A. Primary Location .........................................................................................4
[Show full text]
Perspectives on Knowledge Management in Law Firms
PERSPECTIVES ON KNOWLEDGE MANAGEMENT IN LAW FIRMS WHITE PAPER Ronald W. Staudt Professor of Law 2003 LexisNexis The trademarks used herein are trademarks of their respective owners. Knowledge management has been the rage in a variety of businesses for the past ten years. The essential idea is that employees and the record of their work have knowledge that makes the business function. KM as a concept promises that if the best knowledge is captured, shared and reused rather than starting each engagement from scratch, then time will be saved, efficiency created and costs of production will drop as quality improves. 1 Recent discussions and presentations about knowledge management in law firms have concentrated on a very narrow band of technology applications. This White Paper places knowledge management in law firms within the history of lawyers using technology to enhance their professional activities. Then, the White Paper argues that knowledge management for law firms requires a broad and wide-ranging set of tools. The White Paper concludes that optimal set of tools will vary from firm to firm and from lawyer to lawyer in predictable ways when examined against the history of adoption of technology by attorneys and the lessons of that history. Finally, the White Paper presents the key perspectives needed to evaluate the benefits of adopting one of the recently introduced knowledge management products: integrated search products that combine searches of commercial online legal databases with searches of law firm work product. 2 1. The Adoption of Technology by Practicing Lawyers Since the beginning of the office technology boom in the 1980’s lawyers have been accused of being Luddites, fearful and reluctant to adopt modern technology.
[Show full text]
Legal Research Checklist
Legal Research Checklist CLIENT FILE: Step 1: Plan Step 2: Find Secondary Sources Step 3: Obtain Primary Law Step 4: Note Up Step 5: Repeat (the steps again as new information is discovered) Step 1: Plan Identify the legal question (Confirm you know what you are searching for) Identify Key Issues (What areas of law will be searched?) Determine keywords (What keywords pertain to the issue(s)?) Structure queries (using Boolean operators) Step 2: Find Secondary Sources A. Canadian Encyclopedia Digests (CED) (a) Browse (using the Table of Contents) Find main issue; drill down to specific topic Read overview paragraph(s) and ID pertinent keywords From Footnotes (FN): Find case(s): Read full text Follow Step 3B (Obtain Primary Law – Case Law) below Find legislation: Follow Step 3C (Obtain Primary Law – Legislation) below Click the Abridgment Digests Classification link located above the paragraphs to retrieve digests: get the case summaries on point for the specific issue (b) Search Search using keywords identified in Step 1 (Plan) and 2A (above) Refine search using Locate in Result Follow steps in 2A (above) B. Legal Memoranda and Points of Law – Browse (using the Table of Contents) Find main issue; drill down to specific topic Link to Legal Memoranda summary page for desired legal issue Retrieve cases and legislation on point for Legal Issue C. Law Report Articles and Journals - Search Search using keywords identified in Step 1 (Plan) and 2A (above) Refine search using Locate in Result Verify cases and legislation referred to in Footnotes (FN) D. Index to Canadian Legal Literature – Search or Browse Search using keywords, subject headings and applicable legislation Browse the Table of Subject Headings and cross references; useful for discovering indexed terms to employ in searching If link to full text article not available, request article from firm library or courthouse library E.
[Show full text]