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Libr430 Week1

Libr430 Week1






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    Libr430 Week1 Libr430 Week1 Presentation Transcript

    • LIBR 430 Week 1
    • Topics to Cover
      • Course Requirements
      • Information Literacy General
      • Information Literacy in Law
      • Overview of American Legal System
      • Jurisdiction
      • Primary v Secondary
      • Legal Citation
    • Information Literacy
      • Determine the extent of information needed
      • Access the needed information effectively and efficiently
      • Evaluate information and its sources critically
      • Incorporate selected information into one's knowledge base
      • Use information effectively to accomplish a specific purpose
      • Understand the economic, legal and social issues surrounding the use of information, and access and use information ethically and legally.
    • Legal Information Literacy
      • More than knowing where to look (legal research)
      • Knowing what you are looking at
      • Understanding information’s relevance to a legal issue
      • Determining which kinds of legal information is appropriate
      • Deciding confidently/competently when you have enough
      • Citing ‘legally’ as opposed to ethically
    • Evaluating Legal Information
      • Primary or Secondary
      • Official or unofficial
      • Current
      • Impact of subsequent documents or actions
      • Jurisdictionally applies
      • Synthesize body of information on a legal issue
      • Reconcile inconsistencies
      • Apply facts appropriately
      • Use reasoning tools (hypotheticals, deductions, analogies) to draw conclusions
    • Law in the United States
      • Where does it come from?
      • What forms does it take?
      • Who drafts/crafts/writes it?
      • Special role of the courts
      • Types of law
      • What outcomes does the law create?
    • Sources of the law
      • U.S. common law
        • Stare decisis
        • Precedent
        • US and state
      • Constitution
        • US and state
      • Statutes
        • US and state
      • Administrative Rulings and Regulations
    • What forms does it take?
      • Common law
        • Judicial opinions
        • Cases
      • Constitution
      • Statutes
        • Codes
      • Administrative rulings and regulations
        • Administrative codes, regulations
    • Who creates them?
      • Judges
        • State
        • Federal
      • Legislative bodies
        • State
        • Federal
      • Executives (governor, president)
      • Administrative agencies
    • The Courts
      • Federal courts
      • 94 district courts across the country
        • Federal trial courts
      • Report in to 13 courts of appeals
        • Right to review
        • Hear district court appeals
        • Also hear appeals from administrative judges (bankruptcy, tax, trade, etc.)
      • US Supreme Court
        • No right of review
        • Discretionary (writ of certiorari)
    • What kinds of outcomes can the law create?
      • Civil liability:
        • Compensatory damages
        • Punitive damages
        • Injunctive relief
        • Specific performance
        • Recission/Reformation
      • Criminal guilt
        • Fines
        • Incarceration
        • Execution
    • Jurisdiction
      • Extremely important when evaluating legal information
      • Applies to virtually all forms of law and legal information including cases, statutes and regulations
      • Jurisdictional issues are mostly associated with courts due to the number of them and the subjects, levels they cover
      • Statutes and regulations are typically geographical or preemptive
    • Primary v Secondary
      • Primary:
        • The law
        • Cases, statutes, regulations
      • Secondary:
        • About the law
        • Law review articles, restatements, legal encyclopedias, practice guides, treatises, study guides
        • Help lawyers and judges understand the law but cannot be cited as law
    • Citation
      • The Bluebook
      • Governs citation in law but also a style guide
      • Purpose: So those reading law review articles, memos, appellate briefs and judicial opinions can find the law being referenced
      • Not primarily a plagiarism preventive
      • Rule and practice usually merge in subsequent editions
      • Created by students at Harvard, Columbia, Penn and Yale and distributed by HLR
    • Jurisdiction (courts)
      • Defined as the power or authority to hear a case
      • Venue: The appropriate location for an action; Often confused with but different from jurisdiction; once jurisdiction is determined venue is the decision regarding where the case will be held; typically a plaintiff choice but part of tactical approach to legal actions
      • Personal jurisdiction (in personam jurisdiction): does the court have power over the parties (residency and/or sufficient contacts)
      • In rem jurisdiction: Events took place or property involved is located within a specific geographic area
    • Types of Law
      • Important when reading cases or statutes
      • Criminal or civil
        • Criminal: Higher burdens of proof, guilt is established
        • Civil: Lower burden of proof, liability is established
        • Different outcomes (jail, execution v money)
        • 6th Amendment guarantees right to jury trial in criminal cases
        • Criminal has a right to an attorney
        • Right to appeal in civil in criminal on defendant can appeal
      • Substantive or procedural
        • Substantive regulates rights and duties
        • Procedural law relates to methods (FRCP, FRAppP, FRCrimP etc.)
    • Precedent and Stare Decisis
      • Stare decisis: Doctrine that binds courts to previous decisions
      • Precedent: The actual decisions of the court
        • Persuasive (a lower court’s precedent)
        • Binding (a higher or appeals court)
      • Courts can distinguish fact as ways of diminishing precedent
      • When does precedent get ‘abandoned?’
        • Legislative action
        • Policy/Politics?
    • State Courts
      • Vary
      • Typically:
        • Trial court
        • Appellate court
        • Supreme court
      • State questions are settled in state courts
      • If there is a federal question and the SCOTUS grants cert. it can be appealed to the US Supreme Court