Ohio Legal Research: Primary Sources

Rebecca Mattson & Karen SchneidermanSpring 2013: Research Certificate SeminarCleveland-Marshall College of Law Library

Our Problem

Locate

o Ohio Revised Code statuteso Ohio legislative historyo Ohio Constitutional provisions o Ohio Administrative Code

regulationso Ohio cases

WestlawNext

• School Board • Strike• Injunction• Juris = Ohio

Lexis Advance

• school and board• w/10 strike and injunction• Jurisdiction = Ohio

Search ResultTip: Use secondary legal source to locate and explain primary

legal sources

SNAPSHOT Tab

OHIO JUR. 3D O.R.C.

Ohio Public employer’s have right to seek injunctions against striking public employees.

39A OHIO JUR. 3D Employment Relations § 652 (2013)

Ohio Revised Code, Chapter 4117, Public Employees' Collective Bargaining Act

West Pub.

Lexis Pub.

O.R.C 4117 et seq.

• Ohio Public Employees Collective Bargaining Act governs public sector collective bargaining & strikes

• Provides for administration by the State Employment Relations Board (SERB), similar to the National Labor Relations Board (NLRB).

Locating: Ohio Revised Code

Print• Baldwin's Ohio

Revised Code Annotated (West, 1994 - )

• Page's Ohio Revised Code Annotated (Lexis, 1953 - )

Online• WestlawNext – under Ohio

Statutes & Court Rules also contains the Ohio Constitution.

• Westlaw Classic – under OH-ST-ANN contains the Ohio statutes, Constitution, and court rules.

• Lexis Advance – under OH - Ohio Constitution

• Lexis - under OHCODE contains Ohio Statutes, Constitution, Court Rules from Page's Ohio Revised Code Annotated

Injunctions

OHIO REV. CODE ANN. §§ 4117.15 and 4117.16 (West 2013)

Finding Legislative History

To find the session law that enacted the ORC section, look at the bottom of the O.R.C. statute in “History” (Lexis) or “Credits” (Westlaw).

Credits(1983 S 133, eff. 4-1-84)

Ohio: Legislative Process

Laws of Ohio

• Check the Laws of Ohio for the original version

• 1983 S 133• Since this is from

1983, you’ll need to check print (Ohio Room) or microfilm (basement)

• 1997 & later - The General Assembly's web page made available video of hearing and debates, bills, LSC analysis, and Fiscal notes

• 1989 - Hannah (Ohio) Capitol Connection materials are available from 1989 on. These include hearing summaries, Governor's veto messages and Hannah Reports, bills, LSC analysis and Fiscal notes.

• 1988 - Hannah reports• 1961 - LSC analysis on microfilm• 1957 - LSC staff research reports• 1953 - One paragraph LSC analysis by calling

the LSC. Summary of Enactments. • 1949 - Bill files at Ohio Historical Society• 1888 - Bills on Microfilm• 1803 - Session laws, House & Senate Journals

Ohio General Assembly

LSC and Hannah

Legislative Services Commission

• http://www.lsc.state.oh.us/bills/default.htm

• Can view bill text as introduced, amended, and passed

• Bill analysis• LSC fiscal analysis• Status report

Hannah (Capitol Connection)

• http://www.rotundacollection.com/DesktopDefault.aspx

• Can view transcripts of hearings

• News reports related to legislation

• Versions• LSC analysis

Ohio Legislative Materials

Ohio Revised CodeOhio Session Laws Ohio Bills Ohio Legislative Service

Commission

Ohio Constitutional History

• Prior to enactment of O.R.C. 4117 et seq., there was no formal legal structure for public sector labor relations.

• Ohio cities used home rule powers granted by Ohio Constitution as authority to establish and regulate public employees in Article 8, Section 3 of the Ohio Constitution.

Bluebook: Ohio Const. art. XVIII, sec. 3

OH Const.: Locating

• Annotated Versions: – Baldwin’s Ohio Revised

Code Annotated (West: print in vol. 1, online: Westlaw - OH-ST-ANN)

– Page’s Ohio Revised Code Annotated (Lexis: print: appendix vol., online: Ohcnst )

• Unannotated– Ohio Constitution of

1851, as amended, (Ohio General Assembly)

OH Constitution: Table of ContentsI. Bill of RightsII. LegislativeIII. ExecutiveIV. JudicialV. Elective FranchiseVI. EducationVII. Public InstitutionsVIII. Public Debt & Public Works IX. MilitiaX. County & Township Org.XI. ApportionmentXII. Finance & TaxationXIII. CorporationsXIV. Ohio Livestock Care Standards BoardXV. MiscellaneousXVI. AmendmentsXVII. ElectionsXVIII. Municipal Corporations

Want more information?

Ohio Constitution:

Law & History Research

Guide

Ohio Constitution: Versions

• Original Constitution: Adopted in 1802

• Current Constitution: Became effective on Sept. 1, 1851 Amended many times

Ohio Constitution, 1802

Ohio Constitution, 1851

NEWS FLASH: Ohio Constitutional Revision Process

In 2012, Ohio Constitutional Modernization Commission

was established to updating Ohio’s Constitution. Work to be completed by July 1, 2021

Ohio Courts

• Trial Courts – City Municipal and Ohio Courts of Common Pleas– There are 88 Ohio Common Pleas

Courts, one for each county

• Intermediate Appellate Courts - Ohio Court of Appeals– There are 12 Appellate Districts in

Ohio. – Cuyahoga County is in the 8th

District.

• Court of Last Resort – Ohio Supreme Court

Current Ohio Case Law Publications

• Ohio Supreme Court – Ohio State Reports: 1852

– present– North Eastern Reporter:

1885 – present

• Ohio Court of Appeals (selective) – Ohio Appellate Reports:

1913 – date – North Eastern Reporter:

1926 – present

• Ohio Common Pleas & Municipal Courts (Selective) – Ohio Miscellaneous:

1962 – date– Ohio Bar Reports: 1982 -

1987– Ohio Opinions: 1934 -

1982– Ohio Law Abstracts:

1922 - 1964

Ohio’s Public Domain Citation Rule

• After April 30, 2002, the Supreme Court designated the Supreme Court Website as the Ohio Official Reports

• Prior to May 1, 2002, the official reports referred to print publications

• Always consult the Ohio Supreme Court’s Writing Manual for citation questions: http://www.sconet.state.oh.us/ROD/manual.pdf

Bluebook: Ohio Public Domain Citation

Before May 1, 2002

• State v. Carter, 93 Ohio St.3d 581, 585, 757 N.E.2d 362 (2001).

• State v. Johnson, 134 Ohio App.3d 586, 591-592, 731 N.E.2d 1149 (1st Dist.1999).

After May 1, 2001

• State v. Campbell, 100 Ohio St.3d 361, 2004-Ohio-6804, 800 N.E.2d 356, ¶ 14-15.

• Schwartzentruber v. Orville Grace Brethren Church, 163 Ohio App.3d 96, 2005-Ohio-4264, 836 N.E.2d 619, ¶ 5 (9th Dist.)

Ohio Court Dockets

• Court Dockets - documents filed in the case (complaint, answer, motion for summary judgment, etc.), and any orders issued by the court throughout the pendency of the case.

• Ohio Supreme Court Docket: – Docket index from 1985 to present. – Full text of documents from 12/1/2006 to present.

• For more information on Ohio Dockets, see https://www.law.csuohio.edu/lawlibrary/guides/ohio/dockets#dockets

Ohio Research Guides

• For more information on Ohio Primary Law research, see http://guides.law.csuohio.edu/ohio_primary_law

• For more information on Ohio Secondary sources, see http://guides.law.csuohio.edu/ohio_secondary