The Process of Legal Research, Seventh Edition
This phenomenally successful coursebook keeps getting stronger with each new edition. Now, in addition to demonstrating a sound step-by-step approach to legal research that will serve students throughout their professional careers, THE PROCESS OF LEGAL RESEARCH, Fifth Edition, helps students choose among the proliferation of resources.\ \ New material throughout the Fifth Edition deals with the ongoing choice between paper and electronic research, such as:\ • when the choice takes place in...
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With a proven-effective process approach that has made this book a continual best seller, The Process of Legal Research, Seventh Edition , offers comprehensive coverage in a format that is pedagogically rich, meaningfully organized, and surprisingly
Exhibits xviiPreface xxvAcknowledgments xxviiOverview 1The Lay of the Land: The Importance of Legal Research, Legal Authorities, and Research Media 3The Canoga Case 3The Importance of Legal Research 5Legal Authorities 6The Law 7Commentary 8Finding Tools 21Research Media 21The Approach of This Book 24From Curiosity to Closure: Eight Cognitive Tasks 26Introduction 27Curiosity 28Learn and React to Your Client's Situation 28Develop Research Terms and Research Issues 30Understanding Legal Language 30Generating Research Terms 31Using Dictionaries and Thesauri 34Formulating Legal Issues 35Content and Context 39List and Rank Potential Authorities 39Assess Available Sources 40Consultation 42Use Your Terms and Issues to Locate Pertinent Passages 43Study Pertinent Passages 55Research Backwardand Forward from Major Authorities 59Closure 62Stop Researching 62Summary 63Interlude No. 1: Browsing the Internet 65Commentary 73Introduction 74Encyclopedias 75What Is an Encyclopedia, and Why Are They Useful? 75How Do You Research in and Cite Encyclopedias? 76What Else? 83Treatises 84What Is a Treatise, and Why Are They Useful? 84How Do You Research in and Cite Treatises? 88Researching in Treatises 88Citing Treatises 94What Else? 94Legal Periodicals 97What Is a Legal Periodical, and Why Are They Useful? 97How Do You Research in and Cite Legal Periodicals? 99Researching in Periodicals 99Citing Periodical Articles 106What Else? 106A.L.R. Annotations 110What Are American Law Reports Annotations (A.L.R.), and Why Are They Useful? 110How Do You Research in and Cite A.L.R.s? 114Researching in A.L.R. 114Citing A.L.R.s 121What Else? 121Restatements 124What Are the Restatements, and Why Are They Useful? 124How Do You Research in and Cite Restatements? 127What Else? 139Additional Types of Commentary and Strategy 140Additional Types of Commentary 140Strategies for Commentary Research 141Choosing Among Commentary Sources 141Deciding Whether to Cite Commentary 143Interlude No. 2: Research in Commentary 144Case Law 147Introduction 148Case Reporters, Digests, and Their Alternatives 149What Is a Case? 150How Does a Case Come to Be Decided? 150How Are Court Systems Structured? 151What Does a Published Case Look Like? 152Why Would You Research Which cases? 157The Common Law, Stare Decisis, and Precedent 157Mandatory versus Persuasive Precedent: Federalism, Jurisdiction, and Level of Court 158Good Law: History, Treatment, and Publication Status 159Subsequent History 159Treatment 161Publication Status 161Additional Factors 162How Do You Research Cases? 163Introduction 163Paper Research 167Online Resources 177Summary 188How Do You Cite Cases? 190What Else? 191Case Citators 193What Are Case Citators, and Why Would You Use Them? 193How Do You Use Case Citators? 195Introduction 195LexisNexis' Shepard's Citator 195Westlaw's KeyCite 202Citating Strategies 209Why and How Should You Bolster Your Research in Case Citators? 211Interlude No. 3: Research in Case Law 213Enacted Law 219Introduction 220Constitutions and Statutes 221What Are Constitutions and Statutes, and Why Would You Research Them? 222What Is a Constitution, and Why Would You Research It? 222What Is a Statute, and Why Would You Research It? 223Whose Law Governs? 227How Does Enacted Law Relate to Case Law? 230When Do Sister Jurisdictions' Statutory Cases Matter? 230How Do You Research Constitutions and Statutes? 231Introduction 231Statutory Codes 235Statutory Cases and Updating 264Session Laws 267Local Ordinances 269Summary 269How Do You Cite Constitutions and Statutes? 271What Else? 272Legislative Process Materials 274Introduction: The Legislative Process 275Introduction 275The Legislative Process 275Legislative History 278What Are Legislative History Materials? 278Why Would You Research Legislative History Materials? 279How Do You Research Legislative History? 289How Do You Cite Legislative Materials? 307What Else? 308Pending Legislation 309Concluding Points 313Interlude No. 4: Research in Enacted Law 314New Mexico's Employee Privacy Act 314The Federal Statute: Americans with Disabilities Act (ADA) 315The Taos City Code 317Administrative Materials 319Introduction 320Regulations 321What Are Regulations, and Why Would You Research Them? 322How Do You Research and Cite Regulations? 323Researching Regulations 323Citing Regulations 345What Else? 347Agency Decisions 348What Is an Agency Decision, and Why Would You Research Agency Decisions? 348How Do You Research and Cite Agency Decisions? 355Researching Agency Decisions 355Citing Agency Decisions 366What Else? 366Looseleaf Services 367What Are Looseleaf Services? 367How Do You Research in and Cite Looseleaf Services? 368Researching in Looseleaf Services 368Citing Looseleaf Services 374What Else? 374Interlude No. 5: Research in Administrative Materials 376Rules of Procedure and Legal Ethics 377Introduction 378Rules of Procedure 379What Are Rules of Procedure, and Why Would You Research Them? 379How Do You Research and Cite Rules of Procedure? 382Introduction 382Commentary 391The Rule and Comments 391Cases Interpreting the Rule 394Citing Rules of Procedure 396What Else? 396Interlude: The Canoga Case 398Rules of Professional Responsibility 400What Are Rules of Professional Responsibility, and Why Would You Research Them? 400How Do You Research and Cite Rules of Professional Responsibility? 403Introduction 403Commentary 409The Law of Your State 409Persuasive Authorities 412Citation 415What Else? 415Interlude: The Canoga Case 417Conclusion 423Developing an Integrated Research Strategy 425Introduction: The Older Persons' Housing Dilemma 425Four Research Journals 426Adine Momoh, Representing Charles and Beca Swee 426Marcus Ploeger, Representing Charles and Beca Swee 430Karen Hazel, Representing Costa Brava Towers 432Jesse J. Klick, Representing Costa Brava Towers 435Our Observations 437Index 439
