1. No category

How to Research a Legal Problem:
A Guide for Non-Lawyers
guide
is intended
help
a personwith
witha alegal
legalproblem
problemfind
findlegal
legalrules
rules that
that can
can resolve
resolve
ThisThis
guide
is intended
to to
help
a person
ororprevent
conflict.
It
is
most
useful
to
work
through
the
steps
prevent conflict. It is most useful to work through the steps and
sources
sources in
in the
the order
order given.
For a web version of this guide, see www.aallnet.org/sis/lisp
How to Research a Legal Problem: A Guide for Non-Lawyers
GETTING
STARTED
GETTING STARTED
State the question clearly that you need to answer.
State the question clearly that you need to answer.
Determine the jurisdiction, meaning the particular subject and locality. You must first determine which
Determine
the jurisdiction,
the particular
subject
locality. legal
You must
first determine which court
court or government
agencymeaning
can resolve
the conflict
beforeand
beginning
research.
or government agency can resolve the conflict before beginning legal research.
Understand citations and abbreviations. Most law books are cited in the order of volume number, book,
Understand
citations
and410abbreviations.
lawvolume
books are
in theStates
order ofReports,
volume page
number,
and
and page. For
example,
U.S. 113 wouldMost
signify
410cited
of United
113.book,
Statutes
are cited
statute410
titleU.S.
and113
section
such as410
42 U.S.C.
§ 1983
for title
42 United
States
Code, are
page.
For by
example,
wouldnumber,
signify volume
of United
States
Reports,
page 113.
Statutes
section
Many
thesection
abbreviations
encounter
explained
in the
textStates
of thisCode,
pamphlet.
cited
by 1983.
statute
title of
and
number, you
suchwill
as 42
U.S.C. §are
1983
for title 42
United
section
1983. Most of the abbreviations you will encounter are explained in the text of this pamphlet.
WHERE TO GO
WHERE TO GO
Public libraries will have at least some of the codes, texts, and self-help materials mentioned here, as
well as facilities for internet access.
Public libraries will have at least some of the codes, texts, and self-help materials mentioned here, as well as
Most
county,
court, access.
or law school libraries are open to the public and contain all the resources talked
facilities
for internet
about here. Internet access for the public will vary across libraries of this type.
Most county, court, or law school libraries are open to the public and contain all the resources talked about
Depository
of the
federal
materials
located
at most
lawtype.
libraries, larger public libraries and
here. Internetlibraries
access for
public
will varyare
across
libraries
of this
universities, and are required to be available to the public. Increasingly, the federal government has made
many of its depository and other publications available on the Web through the GPO’s Federal Digital
Depository
libraries of federal materials are located at most law libraries, larger public libraries, and
System (FDsys) at www.gpo.gov/fdsys/. These and other law libraries will have various guides to help
universities
and areinformation
required to be
locate government
onavailable
the Web.to the public. Increasingly, the federal government has made
many of its depository and other publications available on the web at www.gpo.gov/fdsys. These and other
law
havea comprehensive
various guides tosource
help locate
government
the web.points for legal
Thelibraries
Internetwill
is not
for legal
material.information
Some goodonstarting
information on the Web: The Legal Information Institute, www.law.cornell.edu; FindLaw, www.findlaw.
com;internet
WashLaw:
Legal
Research on the
Web,
American
Association’s
Public
The
is not
a comprehensive
source
forwww.washlaw.edu;
legal material. SomeThe
good
startingBar
points
for legal information
Resources
www.abanet.org/public.html; Public Library of Law, www.plol.org; Google Scholar, scholar.
on
the web page,
include:
google.com;
theInformation
Law Library
of Congress’s
Guide to Law Online, www.loc.gov/law/help/guide.php; and
• The Legal
Institute,
www.law.cornell.edu
HG.org,
www.hg.org.
Lexis Web at lexisweb.com offers free Google-style searching of legal material.
• FindLaw,
www.findlaw.com
•
•
•
•
•
WashLaw: Legal Research on the Web, www.washlaw.edu
The American Bar Association’s Public Resources page, www.abanet.org/public.html
HierosGamos, www.hg.org
Public Library of Law, www.plol.org
LexisOne, www.lexisone.com
1
How to Research a Legal Problem: A Guide for Non-Lawyers
WHAT
TOLOOK
LOOKAT
AT
WHAT TO
Self-help books or kits containing instructions and forms are available in many bookstores and public
Self-help
books
or from
kits containing
are available
many bookstores
and public
libraries and
even
some courtinstructions
clerks and and
legalforms
aid offices
to helpin
non-lawyers
with routine
matters.
libraries
andoreven
from cover
some court
clerks
and legaltraffic
aid offices
to wills,
help non-lawyers
with
routinelandlord-tenant
matters.
The books
kits may
divorce,
bankruptcy,
tickets,
contracts and
leases,
The
books or kits
may
cover divorce,
bankruptcy,
wills, contracts
leases,
agreements,
small
business
matters,
and manytraffic
othertickets,
legal subjects.
Usuallyand
written
by landlord-tenant
lawyers, such
books may save
patron matters,
hours of and
research.
self-help
information
available
on Websuch
sites
such as
agreements,
smallthe
business
many Some
other legal
subjects.
Usually is
written
by lawyers,
books
www.LawHelp.org
and
www.nolo.com.
may save you hours of research. Some self-help information is available on websites such as Nolo Press
at www.nolo.com.
Practice aids and form books are intended for lawyers, but can be useful for anyone. Some examples of
practice aids are Causes of Action, American Jurisprudence Trials, and American Jurisprudence Proof of
Practice aids and form books are intended for lawyers, but can be useful for anyone. Some examples of
Facts, which give guidance in what evidence a court must be given and how to proceed. Form books aid
practice aids are Causes of Action, American Jurisprudence Trials, and American Jurisprudence Proof of Facts,
in drafting legal documents or documents that need to be filed in court. State form books are available for
which
give guidance
whatbooks
evidence
a court
must beJurisprudence
given and howLegal
to proceed.
booksJurisprudence
aid in drafting
most states.
Generalinform
include
American
Forms,Form
American
legal
documents
or
documents
that
need
to
be
filed
in
court.
State
form
books
are
available
for
mostare
states.
Pleading and Practice Forms, West’s Legal Forms, and West’s Federal Forms. While some forms
General
include
American
Jurisprudence
Legal Forms, many
American
Pleading
availableform
freebooks
on the
Web, such
as those
at forms.findlaw.com,
sitesJurisprudence
will ultimately
chargeand
a fee. We
Practice
Forms,
West’s
Legal
Forms,
and
West’s
Federal
Forms.
While
some
forms
are
available
free onmay be
recommend that you try your nearest law library first. Also, forms for particular court procedures
the
web, such
at www.lexisone.com
many
sites
ultimately
a fee. It
available
fromas
thethose
court’s
clerk’s office. See,(see
e.g.,Forms
links link),
for your
state
or will
jurisdiction
at charge
www.washlaw.edu.
is recommended that you try your local court and nearest law library first. See, e.g. links for your state or
Legal
encyclopedias
are a good starting point to get an overview of a topic. There are two general legal
jurisdiction
at www.washlaw.edu.
encyclopedias: Corpus Juris Secundum (C.J.S.) and American Jurisprudence 2d (Am. Jur. 2d). Many states
also
encyclopedias
statestarting
law. Begin
theanindex
and look
for different
synonyms
of your
Legalhave
encyclopedias
are aofgood
pointwith
to get
overview
of a topic.
There are
two general
legalterm. The
text will contain many footnotes leading to further sources.
encyclopedias: Corpus Juris Secundum (C.J.S.) and American Jurisprudence 2d (Am. Jur. 2d). Many states also
have encyclopedias of state law. Begin with the index and look for different synonyms of your term. The text will
Texts and treatises can also yield useful general information. They contain the law on a specific subject,
contain
manya footnotes
leading to further
sources.
sometimes
specific jurisdiction,
and may
include forms. The briefest are those in West Publishing
Co.’s Nutshell Series. West’s Hornbooks or comparable publications provide more depth. Multi-volume
Texts
and treatises
canpresent
also yield
useful generalinformation
information.for
They
contain
the law on a specific subject,
encyclopedic
treatises
comprehensive
many
subjects.
sometimes a specific jurisdiction, and may include forms. The briefest are those in West Publishing Co.’s
Nutshell Series.
Hornbooks
comparable
publications
provide or
more
Multi-volume
encyclopedic
Articles
printedWest’s
in journals
or laworreviews
published
commercially
by depth.
law schools
or bar associations
may
alsopresent
be useful.
Look for your
subject infor
printed
computer indexes such as Index to Legal Periodicals
treatises
comprehensive
information
manyor
subjects.
or Legal Resource Index (Legal Trac). Many articles may be found online for free at sites such as Google
Scholar, printed
Jurist’s in
Law
Reviews
page
at jurist.law.pitt.edu/lawreviews/
University
Review Project
Articles
journals
or law
reviews
published commercially or byand
lawthe
schools
or barLaw
associations
may
at
www.lawreview.org.
The
dates
of
full-text
coverage
and
level
of
searchability
will
vary.
Author
searches
also be useful. Look for your subject in printed or computer indexes such as Index to Legal Periodicals or Legal
using search engines like google.com can sometimes lead to free copies of a legal expert’s articles.
Resource Index (Legal Trac). Some articles may be found online for free at sites such as Jurist’s Law Reviews
page at http://jurist.law.pitt.edu/lawreviews and the University Law Review Project at www.lawreview.org. The
Codes contain legal rules known as statutes, regulations or ordinances which are mandatory, meaning that
dates
full-text
coverage
and level
searchability
will an
vary.
Author
using
engines
like Google
courtsofmust
follow
them. Codes
areofaccessed
through
index
thatsearches
refers you
to asearch
numbered
section.
They
can
sometimes
lead
to
free
copies
of
a
legal
expert’s
articles.
are updated by supplements or pocket parts or are in looseleaf form.
Codes
contain
legal rules
statutes,
or ordinances,
which
mandatory,
meaning
that
Most public
libraries
and known
all lawas
libraries
willregulations,
contain a copy
of the local
stateare
code,
which holds
the laws
courts
must
follow legislature.
them. Codes They
are accessed
through
an index
that ordinance
refers you to
a numbered
section.
They are
made by
a state’s
may also
have city
or county
codes
and codes
of state
administrative
agency regulations.
Mostorstate
some form.
local law can be found on the Web by going to a
updated
by supplements
or pocket parts
are inand
looseleaf
state’s official site and looking for links to law and local government (or cities and counties). Sites such as
at
www.washlaw.edu
willallalso
to states’
government
Most
public libraries and
law lead
libraries
will contain
a copy ofsites.
the local state code, which holds the laws made by
a state’s legislature. They may also have city or county ordinance codes and codes of state administrative agency
regulations. Most state and some local law can be found on the web by going to a state’s official site and looking
2
How to Research a Legal Problem: A Guide for Non-Lawyers
One
of the
following
federal
code versions
used if the
is federal:
The United
States
for links
to law
and local
government
(or citieswill
andbecounties).
Tryjurisdiction
using the URL
www.state.xx.us,
where
“xx” Code
is the
(U.S.C.), United States Code Annotated (U.S.C.A.) or United States Code Service (U.S.C.S.). The U.S.C. is
state’s postal abbreviation. Sites such as www.washlaw.edu will also lead to states’ government sites.
available at uscode.house.gov, FDsys, and www.law.cornell.edu/uscode. For pending and new federal laws,
you’ll probably need to check Congress.gov, the government website for legislative information. Regulations
One
of theagencies
following are
federal
code versions
will be
if the
jurisdiction(C.F.R.),
is federal:
UnitedatStates Code (U.S.C.),
of
federal
contained
in the Code
of used
Federal
Regulations
available
United States Code Annotated (U.S.C.A.), or United States Code Service (U.S.C.S.). The U.S.C. is available on the
www.ecfr.gov.
web at http://uscode.house.gov, although other sites containing the U.S.C., e.g. www.law.cornell.edu/uscode,
may provide
easierthe
ways
to locateby
a particular
statute.must
For pending
federaland
laws,
probably need
Court
rules state
procedure
which a dispute
make itsand
waynew
to court
howyou’ll
the resolution
of the
to checkisThomas,
the government
for legislative
information,
http://thomas.loc.gov.
Regulations offor
dispute
to be conducted.
Court website
rules address
such topics
as time at
limitations
and formal requirements
pleadings
and other
court documents
or processes.
procedural
can also be found in statutory
federal agencies
are contained
in the Code
of Federal Although
Regulations
(C.F.R.) atlaw
www.gpoaccess.gov/cfr/index.html.
and administrative codes, court rules are generally more detailed and can vary from court to court. You may
wish
ask astate
law the
librarian
for help
locating
court rules
your its
court
not and
posthow
them
its Web site.
Courttorules
procedure
by which
a dispute
mustifmake
waydoes
to court
theonresolution
of the
dispute is to be conducted. Court rules address such topics as time limitations and formal requirements for
Reports or reporters contain opinions (sometimes called decisions or cases) written by courts to explain
pleadings and other court documents or processes. Although procedural law can also be found in statutory and
how and why certain legal rules were used to resolve the dispute in a particular lawsuit. These rules
administrative codes, court rules are generally more detailed and can vary from court to court. You may wish to
constitute the “common law” and are followed by courts deciding later cases with similar facts and issues so
ask aconsistency
law librarian
for be
helpmaintained.
locating court
rules if of
your
court does
post
on its website.
that
may
Decisions
a higher
courtnot
will
be them
mandatory
- that is, those decisions
must be followed if coming from a higher court in the same jurisdiction or from the U. S. Supreme Court. If a
Reports or
reporters
contain
opinions
decisions
or cases)
decision
is not
mandatory,
a court
may(sometimes
still find it called
persuasive
and follow
it. written by courts to explain
how and why certain legal rules were used to resolve the dispute in a particular lawsuit. These rules
constitute
the “common
law” and
are followed
by courts
laterrather
casesthan
withtrial
similar
facts(The
andmost
With
few exceptions,
reported
decisions
are from
courtsdeciding
of appeals
courts.
common
is decisions
federal district
courts
in thewill
Federal
Supplement, abbreviated
issues soexception
that consistency
may befrom
maintained.
Decisions
of areported
higher court
be mandatory—that
is,
F.those
Supp.)
Opinions
arebenot
writteniffor
every from
case.aFurther,
not every
is selected
thethe
court for
decisions
must
followed
coming
higher court
in thedecision
same jurisdiction
or by
from
publication.
such aascourt
those
found
theitFederal
Appendix
(F. Appx.),
U.S. SupremeThese
Court.“unpublished”
If a decision isdecisions,
not mandatory,
may
stillinfind
persuasive
and follow
it. can
help one to understand the law. However, it is important to consult a court’s rules on citation of unpublished
opinions before using them to support an argument in a legal proceeding.
With few exceptions, these cases are from courts of appeals rather than trial courts. (The most common
exception is decisions from federal district courts reported in the Federal Supplement, abbreviated F. Supp.)
Cases decided in the U.S. Supreme Court are reported in the United States Reports (U.S.) and reprinted in the
Opinions are
notReporter
written for
everyand
case.
Further,
notSupreme
every decision
selectedLawyers’
by the court
for publication.
Supreme
Court
(S.Ct.)
United
States
CourtisReports,
Edition,
first and second
These “unpublished”
such
as those
found
in theareFederal
Appendix
Appx.),
series
(L.Ed., L.Ed.2d).decisions,
Newer U.S.
Supreme
Court
cases
available
on the(F.Web
at can help one to
understand the law. However,
it is important
to Many
consultcases
a court’s
on found
citationatofThe
unpublished
opinions
www.supremecourt.gov
(see “Opinions”
link).
can rules
also be
Oyez Project:
http://www.
before
using
them
to
support
an
argument
in
a
legal
proceeding.
oyez.org/cases. This site is a complete and authoritative source for all audio recorded in the Court since the
installation of a recording system in October 1955. Cases from the intermediate U.S. Courts of Appeals, also
called
Circuit
Courts,
are printed
in are
the reported
Federal Reporter,
first,States
second,
or third
series
(F., F.2d and
F.3d).
Cases U.S.
decided
in the
U.S. Supreme
Court
in the United
Reports
(U.S.)
and reprinted
in the
The
Federal
Supplement,
first and
and United
secondStates
seriesSupreme
(F.Supp.,Court
F. Supp.2d)
from
U.S.
District
Supreme
Court
Reporter (S.Ct.)
Reports,contain
Lawyers’cases
Edition,
firsttheand
second
Courts.
Newer
circuit
court
and
district
court
cases
can
be
found
at
www.uscourts.gov/courtlinks/
or www.law.
series (L.Ed. and L.Ed.2d). Newer U.S. Supreme Court cases are available on the web at www.supremecourtus.gov
cornell.edu/federal/opinions,
though
availability
of
cases
will
vary
from
court
to
court.
(see “Opinions” link). Cases from the intermediate U.S. Courts of Appeals, also called U.S. Circuit Courts, are
printed in the Federal Reporter, first, second, or third series (F., F.2d, and F.3d). The Federal Supplement, first
State appellate court opinions are printed in state reports in many states. They are also reprinted in
and second series (F.Supp. and F. Supp.2d), contain cases from the U.S. District Courts. Newer circuit court and
West’s regional reporters, which each contain several states, including the Atlantic (A., A.2d, and A.3d),
districtEastern
court cases
found North
at www.uscourts.gov/courtlinks
or www.law.cornell.edu/federal/opinions.html,
North
(N.E. can
andbe
N.E.2d),
Western (N.W. and N.W.2d),
Pacific (P., P.2d and P.3d), South Eastern
though
availability
of
cases
will
vary
from
court
to
court.
(S.E., and S.E.2d), South Western (S.W., S.W.2d and S.W.3d), and Southern (So., So.2d, and So.3d) Reporters.
Because California and New York generate a large amount of case law, these states have their own West
State appellate
court opinions
are (Cal.
printed
in state
reportsand
in many
states. They
in West’s
reporters:
the California
Reporter
Rptr.,
Cal. Rptr.2d
Cal. Rptr.3d)
and are
the also
Newreprinted
York Supplement
regional
reporters,
which
each
contain
several
states,
including
the
Atlantic
(A.
and
A.2d),
North
Eastern
(N.Y.S. and N.Y.S.2d). Many states no longer print their own reports, so their newer decisions are found
only
West’s
reporters.
If a decision
printed
in more
you may
find (S.E.
moreand
than
one
(N.E.inand
N.E.2d),
North Western
(N.W. is
and
N.W.2d),
Pacificthan
(P., one
P.2d,publication,
and P.3d), South
Eastern
S.E.2d),
citation
to
it.
These
are
called
parallel
citations.
For
availability
of
state
court
opinions
on
the
Web,
go
the
South Western (S.W., S.W.2d, and S.W.3d), and Southern (So. and So.2d) Reporters. Because California andtoNew
individual
state
government’s
Web
site
or
one
of
the
general
sites
listed
at
the
beginning
of
this
guide,
such
York generate a large amount of case law, these states have their own West reporters: the California Reporter
as
www.washlaw.edu.
(Cal.
Rptr., Cal. Rptr.2d, and Cal. Rptr.3d) and the New York Supplement (N.Y.S. and N.Y.S.2d). Many states
3
How to Research a Legal Problem: A Guide for Non-Lawyers
Finding
in reports
mayso
betheir
donenewer
in various
ways.
arein
not
arranged
by subject,
and the sets
no longeropinions
print their
own reports,
decisions
areReports
found only
West’s
reporters.
If a decision
are not indexed. Often you can find a reference from text or footnotes of texts, encyclopedias, or other cases.
is printed in more than one publication, you may find more than one citation to it. These are called parallel
Annotated codes will list cases which have cited a statute following the text of the statute.
citations. For availability of state court opinions on the web, go to the individual state government’s website
or one ofand
the general
listed at can
the beginning
this guide,
such ascomputer
www.washlaw.edu.
Lawyers
those insites
law schools
find casesofusing
subscription
databases, but these
subscription databases are expensive and may not be available to the public. However, as libraries replace
Finding
opinions
be sets
done(see
in various
are not
arranged access
by subject,
and the
setsaccess
are notis often
print
reporter
and may
digest
below)ways.
with Reports
some form
of electronic
to cases,
such
indexed. Often
canusers.
find a reference from text or footnotes of texts, encyclopedias, or other cases. Annotated
extended
to all you
library
codes will list cases that have cited a statute following the text of the statute.
Free court opinions are available on Google Scholar. Additionally, free trials and/or low cost subscriptions are
available
fromthose
VersusLaw
at www.versuslaw.com
and subscription
from Loislawcomputer
at www.loislaw.com.
Loislaw
Lawyers and
in law schools
can find cases using
databases, but
these also allows
users
to subscribe
for just
few days,and
at estore.loislaw.com.
subscription
databases
areaexpensive
may not be available to the public. However, as libraries replace
print reporter and digest sets (see below) with some form of electronic access to cases, such access is often
Some of the Web sites mentioned in "The Internet," above, will lead you to free sites that allow limited
extended to all library users.
keyword searching, but this will vary from court to court.
Using a credit
you maymeans
searchofWestlaw
http://creditcard.westlaw.com
or LexisNexis
Digests
are thecard,
traditional
finding at
cases.
West Publishing Co. publishes
digestsatfor federal
http://web.lexis.com/xchange/ccsubs/cc_prods.asp
for
about
$10
per
document.
Free
and low
jurisdictions, most states and several of the regions that correspond to the regional trials
reporters.
For cost
example,
subscriptions
are
available
from
VersusLaw
at
www.versuslaw.com
and
from
Loislaw
at
www.loislaw.com.
there is a Federal Practice Digest (Fed. Prac. Dig.), a California Digest (Cal. Dig.) and a Pacific Digest (Pac.
Dig.). The Decennial Digest (Dec. Dig.) covers all jurisdictions in 10-year increments. The most commonly
Somedigest
of the system
websitesismentioned
in “The internet”
on pagewhich
1, willdivides
lead you
freeinto
sitesabout
that 400
allowtopics.
limitedEach
used
West’s American
Digest System,
thetolaw
topic
is subdivided
keyword
searching. into principles or points of law which are each assigned a "key" number. Pigeonholed
under each key number are brief paragraphs abstracted from cases, which summarize the points of each
case,
andare
citations
to wheremeans
each of
case
can be
found.
It is
possible Co.
to go
directly digests
to the topic
in the digest and
Digests
the traditional
finding
cases.
West
Publishing
publishes
for federal
scan
through the
numbers,
but it isofusually
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in the
Descriptive
Word
to the
jurisdictions,
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states,
and several
the regions
correspond
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digest. This index uses common words to lead to the right topic and key number. The digest also contains a
there is a Federal Practice Digest (Fed. Prac. Dig.), a California Digest (Cal. Dig.) and a Pacific Digest (Pac.
case table, which can be used to look up a citation if only the name of a case is known.
Dig.). The Decennial Digest (Dec. Dig.) covers all jurisdictions in 10-year increments. The most commonly
used digestLaw
system
is West’s
American
Digest
System,
which divides
thecases
law into
than 400topic
topics.
American
Reports
(A.L.R.)
functions
both
as a digest
of leading
onmore
a particular
andEach
as an
topic to
is subdivided
intowhich
principles
or points
law,inwhich
areand
each
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index
"annotations,"
review
a legaloftopic
depth
analyze
court
casesnumber.
from allPigeonholed
jurisdictions on
under
each key number are brief paragraphs abstracted from cases, which summarize the points of each case,
the
subject.
and citations to where each case can be found. It is possible to go directly to the topic in the digest and scan
through the
numbers,
but it iscourts
usuallyorless
confusing
to start
in the These
Descriptive
to such
the digest.
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andkey
digests
for certain
topics
are also
beneficial.
coverWord
legalIndex
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as
bankruptcy,
military
justice,
education,
and tax.
agencies,
which
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topicAdministrative
and key number.
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alsooften
contains
a case
table,
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jurisdiction,
publish
reports
of theirofopinions,
be of
used
to look upalso
a citation
if only
the name
a case is often
known.with digests, on their own websites.
Looseleaf
services
are (A.L.R.)
useful tools
that both
pull together
text,
regulations,
and opinions
of courts
American Law
Reports
functions
as a digest
ofstatutes,
leading cases
on a particular
topic and
as an
and administrative agencies on specific important topics that need constant updating. Examples include
index to “annotations,” which review a legal topic in depth and analyze court cases from all jurisdictions on
Standard Federal Tax Reporter, Federal Tax Coordinator, Employment Coordinator, Bankruptcy Law Reporter,
the subject.
Consumer Credit Guide, Family Law Reporter, Criminal Law Reporter, and many others. Some law libraries
will have these in electronic format.
Reports and digests for certain courts or topics are also beneficial. These cover legal areas such as
bankruptcy, military justice, education, labor, and tax. Administrative agencies, which often act as tribunals
in their areas of jurisdiction, also publish reports of their opinions, often with digests.
Looseleaf services are useful tools that pull together text, statutes, regulations, and opinions of courts and
administrative agencies on specific important topics that need constant updating. Examples include Standard
Federal Tax Reporter, Federal Tax Coordinator, Employment Coordinator, Bankruptcy Law Reporter, Consumer
Credit Guide, Family Law Reporter, Criminal Law Reporter, and many others.
4
How to Research a Legal Problem: A Guide for Non-Lawyers
BEFORE
BEFOREYOU
YOUSTOP
STOP
Check supplements. These sometimes appear as “pocket parts” inserted into the back covers of volumes to
Check supplements.
Thesematerial.
sometimes appear as “pocket parts” inserted into the back covers of volumes to
provide
updates and new
provide updates and new material.
Check Citators. Shepard’s is the most common. These must be used to ascertain whether the validity of a
case
or citators.
statute has
been affected
in some
way, These
such as
being
reversed,
overruled
or ruled
Check
Shepard’s
is the most
common.
must
be used
to ascertain
whether
theunconstitutional
validity of a
(for
statutes).
They
are
also
used
to
determine
if
one
case
has
been
cited
by
another.
Instructions
for use,
case or statute has been affected in some way, such as being reversed, overruled, or ruled unconstitutional
illustrations,
and
abbreviation
tables
are
contained
in
the
preface
to
each
volume.
For
the
most
current
(for statutes). They are also used to determine if one case has been cited by another. Instructions for use,
citator
information,
you must use
an online
citator, such
Shepard’s
onvolume.
LexisNexis™
Westlaw’s
illustrations,
and abbreviation
tables
are contained
in theas
preface
to each
For theormost
currentKeyCite.
Access to these citators will depend on whether your library makes Lexis or Wesltaw available to the
citator information, you must use an online citator, such as Shepard’s on LexisNexis at www.lexis.com (see
public. Similarly, a short-term subscription to Loislaw at estore.loislaw.com will include access to its citator,
menu selection for credit card use) or Westlaw’s KeyCite at http://creditcard.westlaw.com. Each costs about
GlobalCite.
$6 per cite. Some form of citator is usually included as a feature within computerized case law databases.
WHEN TO STOP
WHEN TO STOP
You’ll keep reading the same legal rule. You may notice that once you have thoroughly covered all the
sources listed above, the same legal rule, whether set out in statute, regulation, or court opinion, will appear
You keep reading the same legal rule. You may notice that once you have thoroughly covered all the sources
in several places. You can usually take this as confirmation that your research has been complete enough to
listed above, the same legal rule—whether set out in statute, regulation, or court opinion—will appear in
give a reliable answer to your legal question.
several places. You can usually take this as confirmation that your research has been complete enough to give
a reliable answer to your legal question.
MORE INFORMATION
MORE INFORMATION
An attorney may still be required to help find and understand legal information. Word of mouth, the Yellow
Pages, or state and local bar associations can help you find one. Attorney directories are available online at
www.martindale.com and lawyers.findlaw.com.
An attorney may still be required to help find and understand legal information. Word of mouth, the Yellow
or state and
bar associations
can help
you Check
find one.
Attorney
directories
are available or
online
APages,
law librarian
can local
help but
cannot give legal
advice.
with
local courts,
bar associations
law at
www.lawhelp.org,
and
http://lawyers.findlaw.com.
schools.
Call yourwww.martindale.com
local public library for
a listing
of area law libraries.
A law librarian
can more
help but
cannot
advice. Call
yourare
localavailable,
public library
for a listing of area
Manuals
that give
detail
on give
how legal
to research.
Several
including:
law libraries.
• Finding the Law (2005)
of Legal
Research
(2009)
Manuals•thatFundamentals
give more detail
on how
to research.
Several are available, including:
•
Legal Research:
How to Find & Understand the Law (2012)
— Finding
the Law (2005)
•
Legal Research
a Nutshell
(2013)
— Fundamentals
of in
Legal
Research
(2009)
— Legal Research: How to Find & Understand the Law (2009)
— Legal Research in a Nutshell (2007)
5
How to Research a Legal Problem: A Guide for Non-Lawyers
This
preparedby
byLee
LeeWarthen
Warthen
and
Angus
Nesbit
for Legal
Information
Services
the Public
This guide
guide was
was prepared
and
Angus
Nesbit
for Legal
Information
Services
to thetoPublic
(LISP), a
(LISP), a Special Interest Section of the American Association of Law Libraries (AALL). Revisions by Leslie
special interest section of the American Association of Law Libraries (AALL).
Greenwood and Brian Huffman for LISP.
LISPprovides
provides support
support for
legal
research
forfor
thethe
non-law
librarian;
consults
LISP
for programs
programsand
andworkshops
workshopsonon
legal
research
non-law
librarian;
consults
withpublic
publiclibraries
libraries on
on collection
collection development
and
surveys
andand
with
developmentand
andmaintenance
maintenanceofoftheir
theirlegal
legalcollections;
collections;
and
surveys
publishes
information
about
collections
of
legal
materials
available
in
public
libraries
that
might
assist
the
publishes information about collections of legal materials available in public libraries that might assist
public
in locating
the the
information
it seeks.
In addition,
LISPLISP
encourages
and supports
AALL chapters
in
the
public
in locating
information
it seeks.
In addition,
encourages
and supports
AALL chapters
in
providingpro
pro bono
bono assistance
providing
assistance in
in aa variety
varietyofofcontexts.
contexts.
For
LISP and
and its
its activities,
activities, visit
see www.aallnet.org/sections/lisp.
Formore
more information
information on LISP
www.aallnet.org/sis/lisp.
105 W. Adams St. / Suite 3300 / Chicago, IL 60603
312.939.4764 / Fax: 312.431.1097 / E-mail: [email protected] / www.aallnet.org
6