What’s Your Favorite Baseball Team?1. Red Sox2. Yankees3. Neither – that rivalry is so last century.4. I’d rather be 0% 0% 0% 0% 0% shopping. es x s? g. So ... ke re in so d p ca n Re op Ya is ho lr y sh W5. Who cares? iva e rb tr he a th t ra – I’d er ith Ne :10
How Do You Start Your Research?1. Google2. An Online Database3. A Book Index4. Smart people – colleagues, professors, 0% 0% 0% 0% 0% reference librarians r e x e he de l ... as og Ot u ab In Go ag ok at le eD5. Other Bo ol –c lin A On le op An pe t ar Sm :10
Our Hypothetical• Frannie Fan was sitting at left field for a game of her beloved Scranton Red Bisons when she was hit by a foul ball hit by visiting DH Joseph Hyundai.• What cause of action, if any, does Frannie have against the baseball teams or the park owner?
Which of these questions involves research?1. What does Pa. R. Civ. Pro. R. 1035 say about motions for summary judgment?2. What is the case at 871 A.2d 304?3. Find the Pennsylvania Commonwealth Court decision Pakett v. The Phillies, L.P.4. How many days does a defendant have to answer a complaint in the Pennsylvania Court of Common Pleas?5. Does a baseball player on the visiting team owe a duty of care to a person attending the game? 0% 0% 0% 0% 0% 0% 0%6. All of the above7. None of the above e e 87 . he . ov ov lay . an sylv A. .. . . . o. o. d. ... ab ab Pr er sa 1 ia e an iv. oe th ft .C at lp sd of lo .R se al ay ne n Al eb ca Pa en yd No as Fin he Ho e P es ab st do th m ti es d t w ha ha Do W W :10
Find: A Tool at Your Disposal Find the Pennsylvania Commonwealth Court decision Pakett v. The Phillies, L.P.
From Single to Homerun: One Known Source• Find discussion• Find similar sources• Find other authority Pakett v. The Phillies, L.P., 871 A.2d 304 (Pa. Cmwlth. 2005).
Westlaw: Keycite - Citing References Liability to spectator at baseball game who is hit by ball or injured as result of other hazard of game, 91 A.L.R.3d 24Cause of Action for Injury toSports Spectator,20 Causes of Action 2d § 361
4 West’s Pennsylvania Practice § 16.7, Activities associated with inherent risksCJS Entertainment and Amusement;Sports § 134, Baseball and SoftballGamesDiscussed in:McMahon v. Pleasant Valley West Assn, 952 A.2d 731 (Pa. Cmwlth. 2008)Crespin v. Albuquerque Baseball Club, LLC, 216 P.3d 827 (N.M. App. 2009)
Lexis: Shepardize• It’s No Game: The Practice and Process of the Law in Baseball, and Vice Versa, 20 Seton Hall J. Sports & Ent. L. 249 (2010)• Flying Objects: Arena Liability for Fan Injuries in Hockey and Other Sports, 15 Sports Law. J. 115 (2008)• Defenses, 48 Pennsylvania Law Encyclopedia §6
Lexis.com: Issue Analysis Elements of Actionable Negligence, In General 57A Am Jur 2d Negligence § 71Actions Involving Baseball, 26-130Personal Injury--Actions, Defenses, Damages §130.11
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Primary vs. Secondary SourcesPrimary Sources Secondary Sources• Statements of the Law • Interpretation of the Law• Government Issued • Written by Experts and Others• Controlling or Binding • (May be) Persuasive Authority Authority
Examples of Primary & Secondary Sources Primary Sources Secondary Sources • Laws or statutes • Encyclopedias • Court opinions • American Law Reports • Rules and regulations (ALR) • Executive orders and • Treatises proclamations • Practice Materials • Law Reviews
Always Checkthe Pocket Part!• A pocket part may be labeled a “cumulative supplement.”• It will be located in the back of the volume partially in a “pocket.”• If a pocket part becomes too large it may be replaced by a free standing cumulative supplement.
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Useful encyclopedia features: Table of Contents Correlation Table
Useful encyclopedia features: Table of Contents Correlation Table Volume Index
Treatises IndexAmerican Law of Torts (Speiser et al.) Table of Contents Table of Cases Table of Statutes Pocket Part Online AvailabilityFundamentals of Sports Law Harper, James, & Gray on Torts Essentials of Sports Law