Post on 14-Feb-2017
The Law: Primary Sources
Constitutions
Case Law
Statutes
Session Laws
Codes
Administrative Rules or Regulations
What is the law?
Primary Sources
What isn’t the law? Secondary Sources
• Provide detailed information about a discrete area of law such as analysis, discussion, interpretation, criticism, commentary, summary
• Are useful as a starting point or overview
• May be used as a case-finding tool
• Can be scholarly or practical
• Are essential to practitioners
Secondary Sources:
LAW
Research Strategies
What information do you need?
Citation or Name
Think About Court (Jurisdiction),
Legal Issue, Branch of Law
Where might you start?
‘One Good Case’ or Statute
Secondary Sources
How do you know when you’ve completed your research?
Clue: Same results
How to read a legal cite
Retrieved from: http://www.slideshare.net/nancydeangelis/basic-legal-citation-29650787
Parallel Citations
scholar.google.com/
A Parallel Citation is a reference to the same case or statute published in two or more sources.
U.S. and State Courts
Trial Court
• Finds facts and applies law
Intermediate Appellate Court
• Usually have one appeal as of right
• Reviews for errors of law
High Court (Supreme Court or Court of Last Resort)
• Usually discretionary review – certiorari
• Reviews for errors of law and develops legal doctrine
Federal Cases
Court Reporter Abbreviation Parallel Reporter
U.S. District Court Federal Supplement F.Supp.
F. Supp.2d
U.S. Court of
Appeals
Federal Reporter F.
F.2d
F.3d
U.S. Supreme Court United States
Reports
U.S. S.Ct
L.Ed.
L.Ed.2d
Michigan Cases
Court Reporter Abbreviation Parallel Reporter
Michigan Court of
Appeals
Michigan Appeals
Reports
Mich. App. N.W.
N.W.2d
Michigan Supreme
Court
Michigan Reports Mich. N.W.
N.W.2d
What is good law?
• A case is good law based on its subsequent history and treatment
• Subsequent history – later rulings in the same litigation (same case with same parties) always affects status
• Treatment – rulings in later litigation (different cases with different parties) may or may not affect status
• Use a Citator* to determine “good law”*A Citator is a tool which allows you to track the history of your case and the treatment of your case by subsequent courts. Shepard’s Citations is one of the best known.