Secrets of the Law Secrets of the Law Library, Part 1Library, Part 1

Presented May 2, 2007 byPresented May 2, 2007 byBarbara G. Traub, J.D., M.L.S. Barbara G. Traub, J.D., M.L.S.

to to A.C.R.L. Long Island SectionA.C.R.L. Long Island Section

© Barbara G. Traub© Barbara G. Traub

PLAN FOR TODAYPLAN FOR TODAY

The nature of legal researchThe nature of legal research Starting with Secondary SourcesStarting with Secondary Sources Sources of LawSources of Law Primary SourcesPrimary Sources

Judicial or “case made” lawJudicial or “case made” law Legislative or statutory law (“Secrets”, Legislative or statutory law (“Secrets”,

Part 2)Part 2) Executive and administrative law ( “ Executive and administrative law ( “

) )

WHERE TO START?WHERE TO START?

What does the patron What does the patron REALLYREALLY need? need? Often it is not what s/he asks for.Often it is not what s/he asks for.

Sources of LawSources of Law 1) Custom, tradition, ethical / religious rules, philosophy 1) Custom, tradition, ethical / religious rules, philosophy

etc. as they may manifest themselves in law. etc. as they may manifest themselves in law. 2) 2) Governmental Institutions that formulate legal Governmental Institutions that formulate legal

rules.rules. 50 states, federal50 states, federal Executive, Legislative, JudicialExecutive, Legislative, Judicial

3) Published manifestations3) Published manifestations

LEGAL AUTHORITYLEGAL AUTHORITY

Any published source of law that sets Any published source of law that sets forth legal rules / reasoning that can forth legal rules / reasoning that can be used as a basis for decisions. be used as a basis for decisions.

TYPES:TYPES: PrimaryPrimary: : authorized statements of lawauthorized statements of law

formulated formulated byby governmental governmental institutionsinstitutions. . Secondary:Secondary: statements about the lawstatements about the law used used

to explain, interpret, or locate primary to explain, interpret, or locate primary authoritiesauthorities

SECONDARY SOURCESSECONDARY SOURCES

LexisNexis Academic Universe: LexisNexis Academic Universe: NOTNOT necessarily the best place to start.necessarily the best place to start. Secondary material in LN AU:Secondary material in LN AU:

Legal NewsLegal News Law ReviewsLaw Reviews

Legal Encyclopedias – Legal Encyclopedias – no analysis or no analysis or commentary; good background and references to commentary; good background and references to cases and statutes. cases and statutes. Corpus Juris Secundum (CJS)Corpus Juris Secundum (CJS) American Jurisprudence 2American Jurisprudence 2ndnd (AmJur 2 (AmJur 2ndnd ) )

SECONDARY SOURCESSECONDARY SOURCES

Legal Encyclopedias (cont’d)Legal Encyclopedias (cont’d) New York Jurisprudence 2New York Jurisprudence 2ndnd (NY Jur 2 (NY Jur 2ndnd)-)-

references to Topic & Key # System. references to Topic & Key # System. Carmody-Wait 2Carmody-Wait 2ndnd – – civil and criminal civil and criminal

practicepractice; litigation related subjects; includes ; litigation related subjects; includes many forms. many forms.

West’s Encyclopedia of American Law West’s Encyclopedia of American Law - - geared for non-law library.geared for non-law library.

SECONDARY SOURCESSECONDARY SOURCES

NutshellsNutshells Compact, concise handbook-type Compact, concise handbook-type

publication publication Each on a discrete topicEach on a discrete topic Not detailed, but references to key Not detailed, but references to key

cases and statutes. cases and statutes. See See

http://www.thomson.com/content/legal/http://www.thomson.com/content/legal/brand_overviews/wg_nutshellbrand_overviews/wg_nutshell

SECONDARY SOURCESSECONDARY SOURCES

CQ ResearcherCQ Researcher 44 / year; each examines a single issue. 44 / year; each examines a single issue. Other CQ product: Other CQ product: CQ.comCQ.com – extensive – extensive

legislative tracking service covering Congresslegislative tracking service covering Congress

Legal PeriodicalsLegal Periodicals – accessing law reviews – accessing law reviews1) LexisNexis Academic – 1) LexisNexis Academic – NEW INTERFACE!NEW INTERFACE!

Old:Old: Somewhat awkward to searchSomewhat awkward to search Coverage: over 500 publicationsCoverage: over 500 publications ““Find” search is VERY unforgivingFind” search is VERY unforgiving

SECONDARY SOURCESSECONDARY SOURCES

Accessing Law Reviews (cont’d)Accessing Law Reviews (cont’d)

2) Pro-Quest: not all full-text2) Pro-Quest: not all full-text

ABI/INFORM: 95 titlesABI/INFORM: 95 titles

ProQuest Direct: 243 titlesProQuest Direct: 243 titles

Research Library: 136 titlesResearch Library: 136 titles

Criminal Justice Periodicals Index: 230 titles; 75 Criminal Justice Periodicals Index: 230 titles; 75 f-tf-t

3) J-STOR: 3) J-STOR: limited selection; moving wall; back-issueslimited selection; moving wall; back-issues

4) LegalTrac (Gale): 4) LegalTrac (Gale): comprehensive indexing; comprehensive indexing; limited full-text. Includes many bar journals & legal limited full-text. Includes many bar journals & legal newspapers.newspapers.

SECONDARY SOURCESSECONDARY SOURCES

Accessing Law Reviews (cont’d)Accessing Law Reviews (cont’d)5) Index to Legal Periodicals & Books 5) Index to Legal Periodicals & Books

(Wilson)(Wilson)a)a) 1908-1980: WilsonWeb’s “Legal Periodicals 1908-1980: WilsonWeb’s “Legal Periodicals

Retro”Retro”

b)b) 1981 -- : WilsonWeb ILP&B database; none 1981 -- : WilsonWeb ILP&B database; none pre-1980; start dates varypre-1980; start dates vary

c)c) ILP&B Full Text: same coverage; 267 titles; ILP&B Full Text: same coverage; 267 titles; most from mid-late 1990’s and forward. most from mid-late 1990’s and forward.

SECONDARY SOURCESSECONDARY SOURCES Hornbooks, Treatises and Loose-Leaf Hornbooks, Treatises and Loose-Leaf

Sets: In-depth treatment of a single Sets: In-depth treatment of a single topic or subjecttopic or subject areaarea. . FeaturesFeatures may vary: may vary: Author:Author:

individual scholar individual scholar → Treatise or Hornbook→ Treatise or Hornbook editorial staff → Loose-leaf seteditorial staff → Loose-leaf set

Single or Multi-VolumeSingle or Multi-Volume Updating:Updating:

Bound volumes updated with Bound volumes updated with POCKET PARTSPOCKET PARTS; annual; annual Loose-leaf updated with replacement pages; more Loose-leaf updated with replacement pages; more

oftenoften

SECONDARY SOURCESSECONDARY SOURCES

Hornbooks, Treatises and Loose-Leaf Hornbooks, Treatises and Loose-Leaf Sets Sets May include May include sample formssample forms *** Content is *** Content is commentarycommentary, with references to , with references to

primary material. primary material. HornbookHornbook: less detailed than a treatise; generally : less detailed than a treatise; generally

considered a student text or study aid. E.g.: considered a student text or study aid. E.g.: West’s West’s Hornbook SeriesHornbook Series

Loose-leafsLoose-leafs generally include primary material generally include primary material (cases, statutes, regulations) and current (cases, statutes, regulations) and current awareness feature (e.g. weekly newsletter) in awareness feature (e.g. weekly newsletter) in addition to commentary and forms. addition to commentary and forms.

SECONDARY SOURCESSECONDARY SOURCES

Identifying Hornbooks, Treatises, etc. Identifying Hornbooks, Treatises, etc. Recommendations / requests by Recommendations / requests by

professorprofessor Keyword / subject search of catalog Keyword / subject search of catalog References from other sourcesReferences from other sources Legal Research TextsLegal Research Texts Collection development tools (especially Collection development tools (especially

Ken Svengalis’s Ken Svengalis’s Buyer’s GuideBuyer’s Guide Legal Looseleafs in PrintLegal Looseleafs in Print

SECONDARY SOURCESSECONDARY SOURCES

Using Treatises and Loose-leaf SetsUsing Treatises and Loose-leaf Sets Bound Volumes: DON’T FORGET THE Bound Volumes: DON’T FORGET THE

POCKET PART!POCKET PART! Loose-leafs: READ THE Loose-leafs: READ THE “HOW TO “HOW TO

USE”USE” SECTION. SECTION. U.S. Law WeekU.S. Law Week

SECONDARY SOURCES ONLINESECONDARY SOURCES ONLINE Some available in “pro” versions of Lexis Some available in “pro” versions of Lexis

and Westlaw. Most treatises are NOT and Westlaw. Most treatises are NOT available online at all. available online at all.

LLRX: http://www.llrx.com/ LLRX: http://www.llrx.com/ LII: http://www.law.cornell.edu/LII: http://www.law.cornell.edu/ FindLaw: http://www.findlaw.com/FindLaw: http://www.findlaw.com/ N.Y.S. Court System: N.Y.S. Court System:

http://www.nycourts.gov/home.htm http://www.nycourts.gov/home.htm See especially “CourtHelp” See especially “CourtHelp”

Am. Bar Assn. Public Resources:Am. Bar Assn. Public Resources: http://www.abanet.org/public.htmlhttp://www.abanet.org/public.html http://www.abalawinfo.org/http://www.abalawinfo.org/

PRIMARY SOURCESPRIMARY SOURCES

Primary AuthorityPrimary Authority consists of consists of authorized statements of lawauthorized statements of law formulated formulated byby governmental governmental institutions. institutions.

Two layers of “institutions”:Two layers of “institutions”: 50 states and federal50 states and federal Executive, Legislative & Judicial Executive, Legislative & Judicial

“institutions” in each that formulate law. “institutions” in each that formulate law.

JUDICIAL MATERIAL (CASES)JUDICIAL MATERIAL (CASES)

Structure Structure → work product → → work product → publication pattern publication pattern

When you read a ‘case’ or ‘decision’ When you read a ‘case’ or ‘decision’ you are only reading a judge’s written you are only reading a judge’s written opinion applying the law to the facts opinion applying the law to the facts of that case. It does NOT include a of that case. It does NOT include a trial transcript or other documents. trial transcript or other documents.

COURT STRUCTURE (FEDERAL)COURT STRUCTURE (FEDERAL)

COURT STRUCTURE (N.Y. S.)COURT STRUCTURE (N.Y. S.)

COURT STRUCTURE (N.Y.S.)COURT STRUCTURE (N.Y.S.)

Official & Unofficial ReportersOfficial & Unofficial Reporters

Law Reports or Reporters: “published Law Reports or Reporters: “published volumes containing the decisions and volumes containing the decisions and opinions of state and federal courts” opinions of state and federal courts” (Black’s Law Dictionary, 6(Black’s Law Dictionary, 6thth Ed.). Ed.).

Method of publication determined by Method of publication determined by statute or court rule.statute or court rule.

Those sanctioned by statute or rule Those sanctioned by statute or rule = official reports.= official reports.

Government may print or designate Government may print or designate a commercial printer to do so. a commercial printer to do so.

Publication Sequence of OpinionsPublication Sequence of Opinions

Slip opinionsSlip opinions ElectronicElectronic PrintPrint

Advance sheetsAdvance sheets Bound reporters: Official & UnofficialBound reporters: Official & Unofficial

NYS NYS officialofficial reporters: reporters: Miscellaneous Reports (Trial Court)Miscellaneous Reports (Trial Court) Appellate Division ReportsAppellate Division Reports New York Reports (Court of Appeals)New York Reports (Court of Appeals)

NYS NYS unofficialunofficial reporters: reporters: New York SupplementNew York Supplement North Eastern ReporterNorth Eastern Reporter

Publication Sequence of OpinionsPublication Sequence of Opinions

Federal Federal officialofficial reporters: reporters: Federal Supplement (District [trial] courts) Federal Supplement (District [trial] courts)

(West)(West) Federal Reporter (Courts of Appeal) (West )Federal Reporter (Courts of Appeal) (West ) United States Reports (U.S. Supreme Court)United States Reports (U.S. Supreme Court)

Federal Federal unofficial unofficial reporters:reporters: Supreme Court ReporterSupreme Court Reporter United States Supreme Court Reports, United States Supreme Court Reports,

Lawyers’ Ed.Lawyers’ Ed.

Publication of Cases

Coverage of National Reporter SystemCoverage of National Reporter System

Title of PublicationTitle of Publication Federal SupplementFederal Supplement Federal ReporterFederal Reporter Supreme Court ReporterSupreme Court Reporter Atlantic ReporterAtlantic Reporter

Southern ReporterSouthern Reporter South Eastern ReporterSouth Eastern Reporter South Western ReporterSouth Western Reporter North Eastern ReporterNorth Eastern Reporter North Western ReporterNorth Western Reporter

Pacific ReporterPacific Reporter

California ReporterCalifornia Reporter N.Y. SupplementN.Y. Supplement

Cases Reported From…Cases Reported From… Federal District CourtsFederal District Courts Federal Courts of AppealFederal Courts of Appeal U.S. Supreme CourtU.S. Supreme Court Conn., Del., D.C., Maine, Md., Conn., Del., D.C., Maine, Md.,

N.H., N.J., Pa., R.I., Vt. N.H., N.J., Pa., R.I., Vt. Ala., Fl., La., Miss.Ala., Fl., La., Miss. Ga., N.C., S.C., Va., W.Va.Ga., N.C., S.C., Va., W.Va. Ak., Ky., Mo., Tenn., TexasAk., Ky., Mo., Tenn., Texas Ill., Ind., Ma., N.Y., OhioIll., Ind., Ma., N.Y., Ohio Iowa, Mi., Minn., Neb., N.D., S.D., Iowa, Mi., Minn., Neb., N.D., S.D.,

Wis.Wis. Alaska, Az., Co., Hawaii, Id., Kan., Alaska, Az., Co., Hawaii, Id., Kan.,

Mont., Nev., N.M., Ok., Or., Utah, Mont., Nev., N.M., Ok., Or., Utah, Wa., Wy.Wa., Wy.

Ca. Supreme Court & App. CourtsCa. Supreme Court & App. Courts N.Y.Ct.ofApp., App.Div., others.N.Y.Ct.ofApp., App.Div., others.

Case HeadnotesCase Headnotes Every case inEvery case in the National the National

Reporter System has at least Reporter System has at least one headnote.one headnote.

A headnote is a paragraph A headnote is a paragraph summary of a single point of summary of a single point of law discussed in the case.law discussed in the case.

Every headnote has at least Every headnote has at least one Topic & Key Number.one Topic & Key Number.

Headnotes appear in the Headnotes appear in the order the points of law are order the points of law are discussed in the case.discussed in the case.

Headnote 2

Headnote 1

Digests Are Indexes to ReportersDigests Are Indexes to Reporters

Case Reporters are arranged Case Reporters are arranged chronologicallychronologically not what a legal researcher usually needsnot what a legal researcher usually needs usually need to find cases by subjectusually need to find cases by subject

Digests make cases accessible by subjectDigests make cases accessible by subject Topics and key numbers are used to Topics and key numbers are used to

classify case headnotes by subjectclassify case headnotes by subject Digests consist of case headnotesDigests consist of case headnotes

organized alphabetically by topicorganized alphabetically by topic then numerically by key numberthen numerically by key number

West Topic & Key Number SystemWest Topic & Key Number System

Classification system with at least one Classification system with at least one topic and key number assigned to topic and key number assigned to each point of law in each reported each point of law in each reported casecase

Extensive outline of the entire body of Extensive outline of the entire body of case law in this countrycase law in this country

Index to entire National Reporter Index to entire National Reporter System, helping you locate cases with System, helping you locate cases with similar legal issues similar legal issues in any in any jurisdictionjurisdiction

Topic OutlineTopic Outline

Divides law into 400+ Divides law into 400+ digest topicsdigest topics

Each topic addresses a Each topic addresses a broad legal issuebroad legal issue

Breaks down each Breaks down each topic into subheadingstopic into subheadings

Contains Contains approximately 100,000 approximately 100,000 key numberskey numbers

Topics are occasionally Topics are occasionally added, eliminated, or added, eliminated, or renamed renamed

Types of DigestsTypes of Digests

Generally correspond to case reportersGenerally correspond to case reporters one for each stateone for each state few regional digestsfew regional digests American Digest SystemAmerican Digest System Federal Practice DigestsFederal Practice Digests Supreme Court DigestSupreme Court Digest U.S. Supreme Court Digest, Lawyer’s EditionU.S. Supreme Court Digest, Lawyer’s Edition

Most digests have more than one seriesMost digests have more than one series

Use Digests to Find Relevant CasesUse Digests to Find Relevant Cases

Look in Descriptive Word Index for Look in Descriptive Word Index for Words that describe the pertinent facts of the caseWords that describe the pertinent facts of the case Words that describe the legal question involvedWords that describe the legal question involved

Use the topic(s) & key number(s) identified in Use the topic(s) & key number(s) identified in Descriptive Word Index to find relevant headnotes in Descriptive Word Index to find relevant headnotes in case summaries volumescase summaries volumes..

Most volumes of digest consist of case Most volumes of digest consist of case summariessummaries Summaries are actually individual headnotes Summaries are actually individual headnotes

extracted from cases and rearranged by topicextracted from cases and rearranged by topic A single case is often represented under multiple A single case is often represented under multiple

topics in a digesttopics in a digest Each summary includes the name of the case Each summary includes the name of the case

and its citation(s)and its citation(s)

Components of DigestsComponents of Digests

Collection of case summaries Collection of case summaries organized by topic (arranged A to organized by topic (arranged A to Z)Z)

Topic index for case summaries Topic index for case summaries (AKA Descriptive Word Index)(AKA Descriptive Word Index)

Table of CasesTable of Cases Words and PhrasesWords and Phrases UpdatingUpdating

Digest System (con’td)Digest System (con’td)

Lexis developed competing system Lexis developed competing system for Lexis.com, used by legal for Lexis.com, used by legal professionals. professionals.

No print digest system. No print digest system. Not part of LN AU.Not part of LN AU.

ANY QUESTIONS???ANY QUESTIONS???

My contact information:My contact information:

Barbara G. Traub, J.D., M.L.S.Barbara G. Traub, J.D., M.L.S. Head of Reference and Instructional ServicesHead of Reference and Instructional ServicesRittenberg Law LibraryRittenberg Law LibrarySt. John's University School of LawSt. John's University School of Law8000 Utopia Parkway8000 Utopia ParkwayJamaica, N.Y.  11439Jamaica, N.Y.  11439ph. 718-990-1668ph. 718-990-1668fax 718-990-6649fax 718-990-6649traubb@stjohns.edutraubb@stjohns.edu