gallagher law library, 2007 legal research in the real world mary whisner, uw law library rita...

Gallagher Law Library, 2007Gallagher Law Library, 2007

Legal ResearchLegal Researchin the Real Worldin the Real World

Mary Whisner, UW Law LibraryMary Whisner, UW Law Library

Rita Kaiser, King County Law LibraryRita Kaiser, King County Law Library


OnOn

Managing research Managing research assignmentsassignments

Developing Developing research strategiesresearch strategies

Learning tips to Learning tips to make legal make legal research easierresearch easier


We Can’t Cover Everything Today!We Can’t Cover Everything Today!

Use Use research guidesresearch guides.. Ask a reference Ask a reference

librarian.librarian. Develop your skills -- Develop your skills --

e.g., by taking e.g., by taking advanced legal advanced legal research classes.research classes.


Project LogProject Log

Date assignedDate assigned SupervisorSupervisor ProjectProject DueDue When you’ll work on itWhen you’ll work on it Done!Done!


CalendarCalendar

Due datesDue dates Chunks of time for Chunks of time for

working on projects working on projects (before their due (before their due dates!)dates!)

MeetingsMeetings ““Extras” Extras”


Getting the AssignmentGetting the Assignment

School assignmentsSchool assignments What topicWhat topic How long (pages, How long (pages,

margins, font size)margins, font size) What sources to useWhat sources to use When dueWhen due

Work assignmentsWork assignments ????????


For instance…For instance…

I need you to do a legislative history of the I need you to do a legislative history of the breathalyzer statute.breathalyzer statute.

Our client (a large company) is being sued Our client (a large company) is being sued for sexual harassment allegedly done by for sexual harassment allegedly done by one of the supervisors. Could you one of the supervisors. Could you research possible defenses?research possible defenses?


Asking Questions Is Good!Asking Questions Is Good!

Requester? Requester? Contact info? Contact info? Others who know project?Others who know project?

When is it due?When is it due? Format?Format? Time?Time? Billing?Billing? Background? Suggestions?Background? Suggestions?


What Resources Are Available?What Resources Are Available?

Important to know about Important to know about youryour workplace workplace Librarian, office manager, Librarian, office manager,

summer clerk coordinatorsummer clerk coordinator• Information, policiesInformation, policies• AdviceAdvice

In-house libraryIn-house library• Books, etc.Books, etc.• Brief bankBrief bank• Electronic subscriptionsElectronic subscriptions


What e-Resources Are Available?What e-Resources Are Available?

Important to know about Important to know about youryour workplace workplace LN & WL?LN & WL?

• academic subscriptions - academic subscriptions - externships externships for creditfor credit

• employer’s subs for all elseemployer’s subs for all else LoislawLoislaw

• OK to use for workOK to use for work CasemakerCasemaker

• all WSBA membersall WSBA members Other productsOther products


A Few Internet TipsA Few Internet Tips

Often efficient to search specific site rather Often efficient to search specific site rather than whole Web. (Problem of “deep than whole Web. (Problem of “deep Web.”)Web.”)

Great links for Washington and federal Great links for Washington and federal law: law: http://lib.law.washington.edu/research/resehttp://lib.law.washington.edu/research/research.htmlarch.html


A Few Internet TipsA Few Internet Tips

Wide variety of sources (and authority!)Wide variety of sources (and authority!) Official court and agency sitesOfficial court and agency sites NewspapersNewspapers Law reviewsLaw reviews Firm newsletters, blogsFirm newsletters, blogs WikipediaWikipedia

CitationCitation Credit your sourceCredit your source Will it be findable later?Will it be findable later?


Local Law LibrariesLocal Law Libraries

Law school libraries – Law school libraries – SU, UWSU, UW

King County Law LibrKing County Law Libraryary Subscription planSubscription plan CollectionCollection Electronic resourcesElectronic resources Reference helpReference help

KCLL RJCKCLL RJC


KCLL ResourcesKCLL Resources

Online Library Catalog (from web site)Online Library Catalog (from web site) Collection of materials for day-to-day legal Collection of materials for day-to-day legal

research needsresearch needs Current secondary sources and primary Current secondary sources and primary

law for Washington & Federallaw for Washington & Federal Historical Washington & Federal primary Historical Washington & Federal primary

lawlaw Codes for all 50 statesCodes for all 50 states



Legal Databases Legal Databases (15 cents a page for copies)(15 cents a page for copies) WestlawWestlaw - Includes case law, statutes, and - Includes case law, statutes, and

administrative material for all fifty states plus administrative material for all fifty states plus federal - no fee to search federal - no fee to search

LexisLexis - Includes Washington state and federal - Includes Washington state and federal - plus get a document- plus get a document

HeinOnlineHeinOnline – for law reviews, treaties, – for law reviews, treaties, Federal Register, etc.Federal Register, etc.



Legal Research and Training Center Legal Research and Training Center Access to InternetAccess to Internet SCOMIS & ACORDSSCOMIS & ACORDS Word processing & printingWord processing & printing

Wireless access points Wireless access points


KCLL Research HelpKCLL Research Help

Experienced reference staffExperienced reference staff Research Links on our web siteResearch Links on our web site Research GuidesResearch Guides Ask a Question – from the web site Ask a Question – from the web site

How do I Find --- ?


More LibrariesMore Libraries

Other law librariesOther law libraries County law librariesCounty law libraries U.S. CourtsU.S. Courts

What about nonlegal What about nonlegal info?info? Seattle Public LibrarySeattle Public Library University librariesUniversity libraries


NotesNotes

Prepare to citePrepare to cite Write down the Write down the

information you’ll need information you’ll need nownow rather than rather than waiting until you’re waiting until you’re ready to write.ready to write.

Keep a paper trailKeep a paper trail Dead ends, too!Dead ends, too!


NotesNotes

♪♪ What’s the What’s the question?question?

♪♪ Where’d you look?Where’d you look?

♪♪ How’d you look?How’d you look?

♪♪ What’d you find?What’d you find?

♪♪ What’s the date?What’s the date?

♪♪ Why’d you copy Why’d you copy thatthat??


Developing Research Developing Research Strategies Strategies


Think FrameworkThink Framework

RombauerRombauer Preliminary analysisPreliminary analysis Search for statutesSearch for statutes Mandatory precedentMandatory precedent Persuasive precedentPersuasive precedent Refine, double-check Refine, double-check

& update& update


Preliminary AnalysisPreliminary Analysis

IssueIssue JurisdictionJurisdiction Key factsKey facts Relevant search Relevant search

termsterms Knowledge Knowledge

assessmentassessment


For instance…For instance…

Our client was in a car accident Our client was in a car accident just this side of the Idaho border. just this side of the Idaho border. A Washington State Patrol A Washington State Patrol trooper followed the ambulance trooper followed the ambulance that took him to a hospital in that took him to a hospital in Idaho and then had the hospital Idaho and then had the hospital do a blood alcohol test. The do a blood alcohol test. The Idaho tech isn’t certified by Idaho tech isn’t certified by Washington. Can the Washington. Can the prosecution still use the results?prosecution still use the results?


Search for StatutesSearch for Statutes

If there’s an If there’s an applicable statute, applicable statute, you want to see it firstyou want to see it first

Don’t forget to look for Don’t forget to look for applicable regulationsapplicable regulations


Search for Cases - MandatorySearch for Cases - Mandatory

Cases that matter for Cases that matter for your issue and your issue and jurisdictionjurisdiction

How to find:How to find: Secondary sources!Secondary sources! Ann. StatuteAnn. Statute DigestDigest Full-text searchingFull-text searching


Search for Cases - PersuasiveSearch for Cases - Persuasive

When there’s no When there’s no mandatory precedentmandatory precedent

Choose your Choose your jurisdictionjurisdiction

Here, secondary Here, secondary sources can be your sources can be your favorite finding toolfavorite finding tool


Refine, Double-check & UpdateRefine, Double-check & Update

All along or at the All along or at the end: end: just make sure just make sure you do it!you do it!

Shepardize/Keycite Shepardize/Keycite cases and statutescases and statutes


When Do I Stop?When Do I Stop?

Lots of factors and no Lots of factors and no easy answers...but...easy answers...but...

When the costs outweigh When the costs outweigh the benefitsthe benefits

When you keep finding When you keep finding the same sourcesthe same sources

When you find the When you find the answer answer

When you run out of timeWhen you run out of time


Miscellaneous TipsMiscellaneous Tips


Indian LawIndian Law

Tribes are sovereign Tribes are sovereign governmentsgovernments

29 in Washington29 in Washington Guide: Guide:

http://lib.law.washingthttp://lib.law.washington.edu/ref/indian.htmlon.edu/ref/indian.html


Fact PatternFact Pattern

American Law American Law ReportsReports

Causes of Causes of Action (tort-Action (tort-based)based)


Effective DatesEffective Dates

WA: 90 days after WA: 90 days after adjournmentadjournment Laws of Wash.Laws of Wash. RCWA tables & pocket RCWA tables & pocket

partsparts US: US: Presidential Presidential

signature OR as stated signature OR as stated in the actin the act

Statutes at LargeStatutes at Large USC, USCA & USCSUSC, USCA & USCS


50 State Surveys50 State Surveys

M-H Law DigestM-H Law Digest National Survey of National Survey of

State LawsState Laws Subject Compilations Subject Compilations

of State Lawsof State Laws Uniform Laws Uniform Laws

AnnotatedAnnotated


Leave It to Bieber’sLeave It to Bieber’s

Dictionary of Dictionary of Legal Legal AbbreviationsAbbreviations

Dictionary of Dictionary of Legal CitationsLegal Citations


The BluebookThe Bluebook

Blue pagesBlue pages Tables & Tables &

abbreviationsabbreviations Jurisdiction-Jurisdiction-

specificspecific Courts, Courts,

documents, states, documents, states, periodicals, periodicals, servicesservices


Words and PhrasesWords and Phrases

Judicially definedJudicially defined NationwideNationwide Annual pocket partsAnnual pocket parts Westlaw: search Westlaw: search

cases or statutes, cases or statutes, field WP (term)field WP (term)


Unfamiliar TopicUnfamiliar Topic

Find a research Find a research guideguide

Consult a treatiseConsult a treatise Check ALR or Check ALR or

Causes of ActionCauses of Action Read a law review Read a law review

articlearticle


TreatisesTreatises

►►ScholarlyScholarly

►► ComprehensiveComprehensive

►► AuthoritativeAuthoritative

Corbin on ContractsCorbin on Contracts Nimmer on CopyrightNimmer on Copyright LaFave on Search & LaFave on Search &

SeizureSeizure


FormsForms

Formbook Formbook collectionscollections

LexisNexis & LexisNexis & Westlaw Westlaw databasesdatabases

Office boilerplateOffice boilerplate


Bag o’ TricksBag o’ Tricks

How to use a How to use a new sourcenew source

Smaller, targeted Smaller, targeted databasesdatabases

System as a System as a citatorcitator


Tricks with Full-Text DatabasesTricks with Full-Text Databases

Bluebook puzzles? Find a Bluebook puzzles? Find a law review article that law review article that cites the source.cites the source.

Obscure document? Find Obscure document? Find an article that cites it – an article that cites it – and maybe says where and maybe says where it’s reprinted.it’s reprinted.

(Remember cost (Remember cost constraints.)constraints.)


Questions?Questions?

gallagher law library, 2007 legal research in the real world mary whisner, uw law library rita...

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gallagher law library

king county law library

federal law

uw law library rita

legal research easier

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managing research assignments

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