Handouts, Evaluations forms and sign in for CLE credit. What is CLE #? I’m a reference librarian. I have a JD and Master’s in Library Science. I previously worked at Capital Law School and I taught legal research at the Ohio State University Law School.
Credit Susan Boland. Look at your handout. How well does each source support this process?
In honor of Rio… Let’s meet the competitors for our legal research time and dollars.
First time at the Olympics. Dues vary from $160 for new members to $260 for members admitted to the practice law in 2011 or before. Way of searching content that is already on the internet for free. The product from the CBA does not include secondary sources. Wolters Kluwer and Aspen Publishing. Can click directly to case law mentioned in the footnotes. Not available on Lexis or Westlaw. Our product does not include Ohio Secondary sources. Two products would be pretty good.
About $300 a year. Available if you have an internet connection. Again, it puts the free info on the internet into one searchable screen. Unreporteds back to 1992. Fastcase doesn’t have jury instructions. Swimming in primary sources. Doesn’t have that first step of your research process in using secondary sources.
Possible new sport of SURFING. Doesn’t have to be google, can use bing or safari. Same primary law that is on Fastcase and Casemaker, but not in one place. It is a great to start, because you don’t need terms of art. It’s the only place for some info, such as local ordinances and agency decisions. You can get an idea of what the law is, but not precisely what the law is. This is what your clients are searching. They think they already know what the law is. Secondary sources are just lawyer’s opinions, unedited. Some law review articles, though.
What Olympic sport? Maybe the Opening Ceremonies. Website address is on your handout. Example of a “curated website”. Things uniquely helpful to Franklin County attorney and residents. Show by cursor where different things are on the website, but don’t CLICK! Library Catalog. Legal Research Guides. Ebooks. Links. These are sites not deeply indexed by Google. Links to Clerks of Courts of Franklin County Common Pleas Courts and Clerks and Franklin County Municipal Court Clerks. Local Rules, E-filing for Common Pleas. Ask a Question. We do research for attorneys by email. The more specific you are, the better the results will be.
Coaches. Good way to find out how to do something. Despite the research chart, often attorneys don’t want just cases and statutes. Shout out to Stan Darling in the audience! Fulfills the beginning step of our chart because it’s a secondary source. Notice the CDs. They are becoming extinct, but still getting updated CDs yearly for the time being. Attorneys really like them.
Combined Track and Field events. An encyclopedia of Ohio Law. On your chart, it’s a secondary source, so good place to start. Statutory and common law. Updated with yearly pocket parts and rewriting of entire volumes when the pocket part gets too big. Some people think it’s too vague. Doesn’t include every possible issue, but it’s a good start. Footnotes often give you that “one good case”. Two copies in Library – one for reference, one you can check out.
I start with paper index to Ohio Revised Code. Archery – goes right to the bullseye if you can find a statute on point. Combo of primary and secondary source. Misses if it’s just a common law question.
If you just want the rules, then an unannotated source is better. Sailing.
Codes. Ohio.gov. Lawriter is parent company for Casemaker. I like this version of the codes because you can get a link and email it to someone else, or I use it in my research guides. Very up to date. Look at chart for Ohio Administrative Code. Print version of OAC is like croquet, which used be an Olympic sport. We don’t subscribe to OAC anymore, but sometimes the historical is what you need anyway.
From your chart. Agency adjudications. Like fencing. Ohio Basic Building Code is not available even on Westlaw or Lexis.
Historical Statutes. Origin of the Olympics with the Greeks. We have even older statutes at the Franklin County Law Library. We also keep old volume of Page’s Ohio Revised Code. Point out the room we are in.
Look at your chart. That illusive “legislative intent”. Remember that legislative history is only persuasive authority. The courts don’t have to accept it. Is there one legislative intent? There are a lot of legislators. Chariot racing from the Ancient Olympics. Just had an attorney take oil and gas law back from its first mention in the Laws of Ohio up to 2012 when they ceased to be published in print. They are now at the Secretary of State’s website. This may be a problem in the future. Mention that there is the address to my libguide on your handout. Hannah is great database in the Library for 1989 to the present legislation. May find notes of committee hearings. Might be calling the Ohio Historical Society.
Back to the books for the No. 3 system. This system is good if you know exactly what subject your issue is. These books go in to depth on a practical level. It’s also good if there are common law and statutory aspects to your topic. Purpose is to tell you how to do something, not just collect the cases for an appellate brief. Books allow you to not reinvent the wheel. Baldwin’s books are searchable on Westlaw. Anderson’s on Lexis Advance, plus ebooks for check out. Updated at least every year.
If you need to do some gymnastics. Good because Ohio Criminal has so many cases and frequently changing statutes. These books try to make sense of it. Oh Jur is not good for criminal law because the index is hard to use. DUI law is an example of the one volume Ohio Practice Series books. Updated every year.
Even though Lexis has been challenged by lower cost and free sources, it still remains the no. 2 system because of its comprehensiveness and organization. Something to keep in mind is that the Courts and Judges have access to Lexis and the Judge may find something that you didn’t find. Shepardize. Sophisticated Natural Language searching. Uses terms of art, rather than laymen searching on Google. That’s good and bad. Primary Sources, plus some secondary sources, especially those published by Lexis. Very expensive, but available for free at FCLL. Can be overwhelming, but feel free to ask for help from me or Jennifer Jones, who is the other reference librarian. Get a snapshot of your results. Up to date. But doesn’t have historical, local and not all secondary sources.
Even though other online sources are catching up, Westlaw is still top. Screenshot is after doing the search faithless servant doctrine. Employee who steals from Employer. Use Overview as an index. Once you get into the cases, you can search by court, so narrow to Ohio Supreme Court and 10th Dist. Look at your handout. Note the Topics and Key Numbers. Do you remember paper digests? They are on Westlaw. A way to search by legal issue. I use key numbers when I have a case from another state and I want to find an Ohio case on the issue. It’s a narrow use, but sometimes it’s the only way to do it. Keycite. Not a separate step.The “one good case method”. Screenshot of Roberto case.
I like Keycite better than Shepards. Shows that Keycite is not an extra step in Westlaw. Notice that I didn’t mention reporters once in my presentation. They are over. Show the headnotes, taking you back into the Digest System. If you want a case that says “contract of employment implicitly says that employee will not act to the detriment of employer”. We don’t subscribe to trial and appellate court documents. Very expensive.
CLE manuals in the library, also treatises. Pacer. Internet for ordinances. Public Records – we have a “behind the desk” subscription on Lexis. Ask at the Reference Desk if you need an address or other public record search on someone. Not exhaustive. Case Evaluation Manuals and jury verdict reporters (selective).
Other systems are catching up The handout and powerpoint will be posted on my Ohio Primary Sources Libguide and my Ohio Secondary Sources libguide.
Thank you for listening. Please fill out the evaluation forms and note your time leaving for CLE – will be 1:15pm. Also sign up for our future Brown Bag seminars. One in July – Guardianship Board?
Ohio legal resources
Ohio Legal Resources
Franklin County Law Library
June 1, 2016
What’s Missing from Lexis and Westlaw?
Agency decisions and policies
Treatises not by Lexis or West
Many federal district court opinions
Local ordinances and court rules
Trial court documents
Older legislative history
Other systems are catching up to Wexis.
No source has everything.
Start with what you have.
Come to Franklin County Law Library when you need more.