PRACTICAL LEGAL RESEARCH

Presented by the San Diego Law LibrarySeptember 2013

Overview of Class

Introduction to the legal system and legal research

Using electronic tools to find legal authority and resources

Conclusion/Question & Answer

Part I – Introduction: California Court System

The California court system is one of the three branches of government in California – judicial (courts), executive (Governor) and legislative (State Legislature).

The California court system consists of the California Supreme Court, Appellate Courts and Trial Courts.

Trial Courts (Superior Courts)

Most cases start in Superior Court One in each County (some have

multiple branches) Handles civil, criminal, small claims

and appeals of small claims Each Superior Court has a website with

local court rules, forms and other helpful information:

http://www.sdcourt.ca.gov

Courts of Appeal

Reviews trial court decisions that are challenged by a party to the case

Appellate review is not a new trial; it is a review of the record to determine if a mistake was made that affected the outcome

There are six Appellate Districts in California, San Diego is in the Fourth Appellate District

Cal. Supreme Court

Highest court in California Has discretion to review Court of

Appeal decisions on important issues of law (meaning the losing party on appeal does not have a right to Supreme Court review)

Must review appeals in death penalty cases

Types of Legal Cases

There are two categories of legal cases, civil and criminal. The difference is important and affects issues such as who can file the case, availability of appointed counsel, and burden of proof.

Civil Case

A civil case is a lawsuit between private parties, including:

Small claims General civil cases ($ disputes,

contracts, damage to property, personal injury)

Family law Landlord/Tenant Probate

Criminal Cases

A criminal case is one filed by a government agency (district attorney) against a person who has broken a criminal law. If found guilty a defendant can receive a penalty of jail/prison sentence, a fine or both.

Civil v. Criminal

Court appointed attorneys are only available in criminal cases

Civil cases have a lower burden of proof (“preponderance of evidence” or “clear and convincing evidence”), criminal cases have a higher standard of “beyond a reasonable doubt”

Civil: 9 of 12 jurors must agree on the verdict. Criminal: jury’s verdict must be unanimous

Legal Research Basics

Legal research is the process of finding legal authority (statutes, cases and regulations) that apply to your case. As a party you must present authority to the court to support your arguments.

Different types of legal authority (“primary” and “secondary”) are used for different purposes.

Primary Legal Authority

Primary authority is a rule that is generally “binding” on the court, meaning that the court is required to follow it

Primary authority in California includes:› California Constitution› Statutes or codes passed by the legislature› Regulations issued by state agencies› Case law (decisions of the appellate courts

and Supreme Court)

Secondary Legal Authority

Secondary authority explains and analyzes the primary law, and can help with finding primary law on a subject in one place

It is a good starting point for research It is not binding authority – courts are

not required to follow it.

Types of Secondary Authority

Law dictionaries and encyclopedias Legal textbooks, treatises, practices

guides and legal self-help books Law review articles Annotations published in books of

codes/statutes Legal digests Legal briefs

Part II – Using Electronic Tools for Legal Research

How to use electronic tools to find primary and secondary sources

Case examples› Family› General Civil› Landlord/Tenant› Immigration› Criminal› Small Claims

Part III - Conclusion

Many of the sources that were used in Part II are available in print version at SDLL

SDLL reference librarians are available to help you with your research

Questions?