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    Legal Secondary Sources Presentation Legal Secondary Sources Presentation Presentation Transcript

    • Secondary Sources Advanced Legal Research February 2, 2009
    • Secondary Sources: Introduction
      • Using secondary sources is a great way to start your research because they …
      • Provide references to primary sources
      • Offer explanations and analysis of governing legal doctrines
    • Secondary Sources: Intro. (cont’d)
      • More benefits to using secondary sources … they
      • Aid you in practice with practical breakdowns of the law and helpful forms (e.g. motions, etc.)
      • Help law students understand complex legal doctrine: Hornbooks, Nutshells, Examples & Explanations, etc.
    • Secondary Sources: Citation?
      • As a general rule, you should not cite to secondary sources.
    • Secondary Sources – Citation?
      • There are rare exceptions to this general rule: If the legal question is one of first impression or controversial, you may cite influential treatises, law review articles, the restatements, & hornbooks.
    • Secondary Sources
      • This lecture will cover the following secondary sources:
        • Online Research Guides
        • Directories
        • American Law Reports (ALR)
        • Looseleafs
        • Periodicals
        • Treatises
        • Encyclopedias
        • Restatements
        • Form Books
    • Secondary Sources – Online Research Guides
      • Online research Guides, pathfinders, bibliographies are good places to start research because they show you the various sources you can explore to execute your research
    • Secondary Sources – Online Research Guides (cont’d)
      • Available from many library web sites
        • Rutgers – Newark Law Library
        • Georgetown
        • Univ. of Minnesota
      • Online Searches:
        • Cornell Law Library : Legal Research Engine
        • Google! : European Union Law
    • Secondary Sources – ALR
      • ALR contains articles called ‘annotations.’ These annotations are essays that collect summaries of cases from a variety of jurisdictions.
      • If you find an ALR annotation on your subject, your in luck because most of your research is already done.
    • Secondary Sources – ALR
      • Availability:
        • Print:  KF132 .A533 (1 st floor, Foosaner Reading Gallery)
        • Online: Westlaw
      • Access Points – Print: Digest, Quick Index (on reserve), Multi-Volume Index
      • Access Points – Electronic: Keyword searching
    • Secondary Sources – ALR Click on ALR link on the main Westlaw Page
    • Secondary Sources -- ALR Choose your terms …
    • Secondary Sources -- ALR Yay! A result that looks relevant Now, let’s look at all the helpful information that this annotation has …
    • Secondary Sources – Periodicals
      • Law review articles are a useful research tool not only in research papers, but also in practice, too.
    • Secondary Sources – Periodicals
      • Law review articles can be useful in obtaining an overview of an area of the law, finding references to primary & secondary authority, and developing ideas for analyzing a question of first impression or resolving a conflict in the law.
    • Secondary Sources – Periodicals
      • Accessing law review articles:
      • Keyword searching in Lexis & Westlaw
      • Citators: Key Cite & Shepard’s
      • HeinOnline
      • Index to Legal Periodicals
      • Current Index of Legal Periodicals
      • Google Scholar
    • Secondary Sources – Periodicals
      • Find print indexes in our library …
      • FYI: Don’t forget about the online catalog
      • Location: law library lobby
      • Call numbers:
        • Index of Legal Periodicals: KF 8 .I5
        • Current Index to Legal Periodicals: KF 8 .C8
      • Using print indexes: pointers
    • Secondary Sources – Encyclopedias
      • Legal encyclopedias provide a general overview of the law on a variety of topics. They are a good introductory source if you know little to nothing about an area of the law.
    • Secondary Sources – Encyclopedias
      • Encyclopedias can be general or cover a specific jurisdiction:
      • General: AmJur, CJS, Words & Phrases
      • Jurisdiction specific:
        • NYJur
        • Encyclopedia of New Jersey Causes of Action
          • Only in print; Reserve  KFN 2335 .A59 B3 2004
    • Secondary Sources -- Formbooks
      • Formbooks exist to assist practitioners with completing basic transactions & court filings.
      • The best formbooks also contain analysis & citations to primary authority.
    • Secondary Sources -- Formbooks
      • General: West’s Legal Forms, American Jurisprudence Legal Forms 2d, American Jurisprudence Pleading & Practice Forms
      • Jurisdiction/Topic Specific:
        • West’s Federal Forms
        • New Jersey Practice
        • New Jersey Transactions
        • Current Legal Forms with Tax Analysis
    • Secondary Sources – Looseleafs
      • Traditionally, a looseleaf service is published in a binder and limited to a specific topic.
      • Looseleafs contain a goldmine of information including cases, administrative decisions, analysis, and legal news.
      • They are favorites of practitioners because they are so specialized.
    • Secondary Sources -- Looseleafs
      • Often looseleafs are difficult to use, but once you get used to them, they are great ways to monitor a specific area of the law.
      • Available in print & electronic form: Westlaw, Lexis, Stand-alone platforms (BNA & CCH)
        • Source: Labor Relations Reporter, KF 3319 .L32; BNA platform & Lexis
    • Secondary Sources – Directories
      • Most people think that the internet has made legal directories obsolete. I was one of those people, until I realized that sometimes it is easier to find information in a directory. Honestly.
    • Secondary Sources -- Directories
      • There are directories of courts, state governments, administrative agencies, etc.
        • NJ Diary, NY Diary (on reserve at the circulation desk)
      • Some offer professional biographies.
        • Martindale-Hubbell
    • Secondary Sources -- Treatises
      • Treatises provide in-depth treatment of a single subject such as contracts or constitutional law
      • Often written by influential legal scholars; therefore, they are well respected
    • Secondary Sources – Treatises
      • Access points: keyword searching or an index
      • There are usually treatises in every major area of the law. Many are on Westlaw & Lexis
    • Secondary Sources – Treatises
      • Examples:
        • Williston on Contracts
        • Nimmer on Copyright
        • Collier on Bankruptcy
        • The list could go on & on and I’m sure you’re sad that it doesn’t 
    • Secondary Sources -- Restatements
      • Restatements of the law summarize, in a concise manner, the common law rules on a subject (what the majority of JRDs say)
      • Published by the American Law Institute (i.e., experts)
    • Secondary Sources -- Restatements
      • They are available in print and on Westlaw & Lexis.
      • Restatements have been published in the following fields:
      Agency Conflict of Laws Contracts Foreign Relations Judgments Law Governing Lawyers Property Restitution Security Suretyship & Guaranty Torts Trusts Unfair Competition
    • Secondary Sources -- Restatements
      • Access electronically: keyword searching
      • Access in print:
        • Index or Table of Contents to find rule; commentary is located after the rule
        • Can find cases by going to the appendix volumes at the end of the set. The appendices are organized numerically by the Restatement numbers.