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ERIC ED446774: A Layperson's Guide to Legal Research. PDF

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DOCUMENT RESUME IR 057 918 ED 446 774 Garrison, Judy; Hickey, LadyJane; Stillman, Garry; Wise, AUTHOR Steven A Layperson's Guide to Legal Research. TITLE Saint Mary's Univ., San Antonio, TX. Sarita Kenedy East Law INSTITUTION Library. PUB DATE 2000-00-00 NOTE 41p. Non-Classroom (055) Guides PUB TYPE EDRS PRICE MF01/PCO2 Plus Postage. College Libraries; Court Litigation; Federal Legislation; DESCRIPTORS Federal Regulation; Higher Education; *Law Libraries; Reference Materials; *Research Skills; *Research Tools; Search Strategies; State Legislation; State Regulation *Legal Reference Materials; *Legal Research; Saint Marys IDENTIFIERS University of San Antonio TX; Texas ABSTRACT This document provides a layperson's introductory guide to researching primary legal materials, as well as using secondary research tools, in the Sarita Kenedy East Law Library at St. Mary's University (1) Guide to Legal (Texas). The guide includes the following sections: (3) Legal Dictionaries (2) How To Find a Law Journal Article; Abbreviations; (6) Double or Parallel (4) Citing the Law; and Encyclopedias; (5) Citations; (8) How To Find a (7) How To Find a U.S. Supreme Court Case; Citations; (9) How To Find a Federal Statute: Bills and Public Laws; Federal Case; (10) (11) How To Find Regulations in How To Find a Federal Statute: Federal Codes; (12) How To Find Regulations in the Code of Federal the Federal Register; (14) How To Find Texas Statutes (13) How To Find a Texas Case; Regulations; (15) How To Find a Case from a State Other Than Texas; and (16) and Codes; Texas Administrative Regulations. (MES) Reproductions supplied by EDRS are the best that can be made from the original document. YR Kati)! Et Law bilrq A Layperson's Guide to Legal Research 00 U.S. DEPARTMENT OF EDUCATION PERMISSION TO REPRODUCE Office of Educational Research and AND Improvement EDUCATIONAL RESOURCES INFORMATION DISSEMINATE THIS MATERIAL HAS CENTER (ERIC) BEEN GRANTED BY Ii This document kr) has been reproduced as received from the person or organization J. Garrison originating it. BEST COPY AVAILABLE Minor changes have been made to improve reproduction quality. 2 TO THE EDUCATIONAL RESOURCES Points of view or opinions stated in this INFORMATION CENTER (ERIC) document do not necessarily represent official OERI position or policy. Table of Contents Page # Section 2 Preface No. 1. Guide to Legal Abbreviations 3 No. 2. How to Find a Law Journal Article 5 6 No. 3. Legal Dictionaries and Encyclopedias No. 4. Citing the Law 8 10 No. 5. Citations No. 6. Double or Parallel Citations 13 No. 7. How to Find a U.S. Supreme Court Case 15 No. 8. How to Find a Federal Case 18 20 No. 9. How to Find a Federal Statute: Bills and Public Laws 23 No.10. How to find a Federal Statute: Federal Codes 26 No.11. How to Find Regulations in the Federal Register 28 No.12. How to Find Regulations in the Code of Federal Regulations 31 No.13. How to Find a Texas Case 33 No.14. How to Find Texas Statutes and Codes 35 No.15. How to Find a Case from a State Other Than Texas 38 No.16. Texas Administrative Regulations 3 A LAYPERSON'S GUIDE To LEGAL RESEARCH in the SARITA KENEDY EAST LAW LIBRARY PREFACE introductory guide to researching primary legal materials The following pages provide a layperson's tools in the Sarita Kenedy East Law Library. A map law - as well as using secondary research - the of user services are also included. This title can be used in of the library and brief description find Legal Sources in the Santa Kenedy East Law Library. conjunction with the publication How to please contact a librarian on duty. For further assistance in legal research, Page 2 4 SARITA KENEDY EAST LAW LIBRARY 11111 IMMO A LAYPERSON'S GUIDE TO LEGAL RESEARCH NO. 1 Guide to Legal Abbreviations To find what a legal abbreviation means, use Bieber's Dictionary of Legal Abbreviations. Bieber's gives you the full title of the legal publication. If your cite is for a case, it will be in one of the reporters. A list of the abbreviations for the major reporters is included here. If your cite is for a statute or code, it is assigned geographically by the government. The United States law government and the state of Texas abbreviations are included here. If your cite is for a journal article, the periodical indexes include an abbreviations list at the beginning of the volume. Bieber's includes abbreviations for major law reviews. Example: Atlantic Reporter 1. Atlantic Reporter, Second Series A.2d These are some frequently used legal abbreviations: Atlantic Reporter, 2nd series A.2d Am.Jur. American Jurisprudence C.F.R. Code of Federal Regulations Corpus Juris Secundum C.J.S. Federal Reporter - Federal Court of Appeals cases 6. Federal Reporter, 2'd series - Federal Court of Appeals cases F.2d Federal Reporter, 3'd series - Federal Court of Appeals cases F.3d Federal Supplement - Federal District Court cases F.Supp. Federal Register Fed. Reg. United States SupreMe Court Lawyers' Edition Supreme Court cases L.Ed. Page:3 United States Supreme Court Lawyers' Edition - 2" series - Supreme L.Ed.2d Court cases North Eastern Reporter, 2" series N.E.2d North Western Reporter, 2' series N.W.2d Pacific Reporter, rd series P.2d Supreme Court Reporter - Supreme Court cases S.Ct. South Eastern Reporter, 2' series S.E.2d Southern Reporter, 2fid series So.2d Statutes at Large Stat. South Western Reporter, 1' series S.W. South Western Reporter, 2nd series S.W.2d Texas Reports Tex. Texas Administrative Code T.A.C. Texas Register Tex.Reg. United States Reports - Supreme Court cases U.S. United States Code U.S.C. United States Code Annotated U.S.C.A. United States Code Service U.S.C.S. United States Code Congressional & Administrative News USCCAN Vernon's Annotated Texas Statutes V.A.T.S. Vernon's Texas Code Annotated V.T.C.A. Some examples of law journal abbreviations are: Harvard Law Review Harv. L.Rev. St. Mary's L.J. St. Mary's Law Journal TO THIS SUBJECT. THIS HANDOUT IS INTENDED ONLY AS AN INTRODUCTION LIBRARIAN. FOR FURTHER ASSISTANCE PLEASE CONSULT A ST. MARY'S UNIVERSITY LAW LIBRARY Produced by LadyJane Hickey ; series editor 1994-1999, Garry Stillman Revised 7/1999 Page 4 SANTA KENEDY EAST LAW LIBRARY Ilt111111110 A LAYPERSON'S GUIDE TO LEGAL RESEARCH NO. 2 How to Find a Law Journal Article Subject, author, case name or statute can search most Law Journals in journal indexes. An index shows the name of the Law Journal, article title, author, page and date. The two major law journal indexes are: Index to Legal Periodicals and Current Law Index. This is a sample index entry: Sentencing - United States Scarlet letters for corporations? Punishment by publicity under the New Sentencing Guidelines. A. Cowan, student author. 65 S. Cal. L. Rev. 2387-420 R '92 Out example - 65 S. Cal. L. Rev. 2387-420 J1 '92 - refers to volume number 65 of the Southern California Law Review, pages 2387-2420, in the July 1992 issue. To find out if the library has the journal, look up the title on the Online Catalog. The location of all volumes is listed there. -65 S. Cal. L. Rev. 2387-420 J1 '92. Volume Number S. Cal.. L. 65 Abbreviated Title Rev. Page Numbers 2387-420 .n '92 Date of. Issue For online versions of the titles in this handout, see the Legal Website Guide by Lee Unterborn available from this library. THIS HANDOUT IS INTENDED ONLY AS AN INTRODUCTION TO THIS SUBJECT. FOR FURTHER ASSISTANCE PLEASE CONSULT A LIBRARIAN. ST. MARY'S UNIVERSITY LAW LIBRARY Produced by LadyJarte Hickey; series editor 1994-1999, Garry Stillman Revised 8/2000 Page 5 SARITA KEIVEDY EAST LAW LIBRARY iNg .111=1, A LAYPERSONS' GUIDE TO LEGAL RESEARCH NO. 3 Legal Dictionaries and Encyclopedias LEGAL DICTIONARIES Where do you find the meaning of legal terms? You can find the meaning of legal terms in a legal dictionary. Where do you find the correct terminology to use to locate material? You legal dictionary. can find the correct terminology in a ONE-VOLUME LEGAL DICTIONARIES: Black's Law Dictionary Ballentine's Law Dictionary Quick reference Terminology to use inour research of a topic MULTI-VOLUME LEGAL DICTIONARIES: WORDS AND PHRASES Defines words as used in court cases THIS HANDOUT IS INTENDED ONLY AS AN INTRODUCTION TO THIS SUBJECT.. FOR FURTHER ASSISTANCE PLEASE CONSULT A LIBRARIAN. ST. MARY'S UNIVERSITY LAW LIBRARY Produced by LadyJane Hickey; series editor 1994-1999, Garry Stillman Revised 7/1999 `Page 6 8 LEGAL ENCYCLOPEDIAS Where do you find background information and landmark cases for your topic? You can find the background information and landmark cases for your topic in a legal encyclopedia. Where do you find source material already listed for you? You can find source material in the legal encyclopedia's article bibliography. Guide to American Law Easy to use Background information Useful for: Identifying landmark cases Bibliographies of additional sources American Jurisprudence 2d Short summaries of cases and citations to cases Corpus furls Secundum Short summaries of cases and citations to cases Texas Jurisprudence 3d Covers the state of Texas Useful for review of local subjects such as oil and gas, or community property THIS HANDOUT IS INTENDED ONLY AS AN INTRODUCTION TO THIS SUBJECT. FOR FURTHER ASSISTANCE PLEASE CONSULT A LIBRARIAN. ST. MARY'S UNIVERSITY LAW LIBRARY Produced by LadyJane Hickey; series editor 1994-1999, Garry Stillman Revised 7/1999 Page 7 SANTA KENEDY EAST LAW V LIBRARY VIP 1.11111.1) MN LEGAL RESEARCH NO. 4 A LAYPERSON'S GUIDE TO Citing the Law previous law case, or a written authority, as Citation: "a reference as to a legal statute, a New World Dictionary, 3fli college ed., p. 256). precedent or justification." (Webster's Third its variations must be cited correctly in any written Because of its complexity, the law in all document. for rules and examples is The Bluebook: A How do you cite the law? A standard source its 17th edition. Uniform System of Citation, currently in REPORTER EXAMPLE FROM BLUEBOOK- CASE 1977). Lane v. State, 364 N.E. 2d 756 (Ind. Legal Citations, now in its 5th edition. This Another source is Bieber's Dictionary of keyed to The Bluebook, 17th ed. rules. edition gives additional examples of citations CITATION EXAMPLE FROM BIEBERS - CODE Supp. 1996) TEX. PROP. CODE ANN. § 92.331 (West A Professional System of Citation. This has A new source is AL WD Citation Manual : community. been very well received by the legal 10 Page 8

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