Legal Research in the Real World Mary Whisner Helane Davis Cheryl Nyberg.
Gallagher Law Library, 2007 Legal Research in the Real World Mary Whisner, UW Law Library Rita...
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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
Gallagher Law Library, 2007Gallagher Law Library, 2007
OnOn
Managing research Managing research assignmentsassignments
Developing Developing research strategiesresearch strategies
Learning tips to Learning tips to make legal make legal research easierresearch easier
Gallagher Law Library, 2007Gallagher Law Library, 2007
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.
Gallagher Law Library, 2007Gallagher Law Library, 2007
Project LogProject Log
Date assignedDate assigned SupervisorSupervisor ProjectProject DueDue When you’ll work on itWhen you’ll work on it Done!Done!
Gallagher Law Library, 2007Gallagher Law Library, 2007
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”
Gallagher Law Library, 2007Gallagher Law Library, 2007
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 ????????
Gallagher Law Library, 2007Gallagher Law Library, 2007
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?
Gallagher Law Library, 2007Gallagher Law Library, 2007
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?
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
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?
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
KCLL ResourcesKCLL Resources
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.
Gallagher Law Library, 2007Gallagher Law Library, 2007
KCLL ResourcesKCLL Resources
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
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 --- ?
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
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!
Gallagher Law Library, 2007Gallagher Law Library, 2007
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??
Gallagher Law Library, 2007Gallagher Law Library, 2007
Developing Research Developing Research Strategies Strategies
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
Preliminary AnalysisPreliminary Analysis
IssueIssue JurisdictionJurisdiction Key factsKey facts Relevant search Relevant search
termsterms Knowledge Knowledge
assessmentassessment
Gallagher Law Library, 2007Gallagher Law Library, 2007
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?
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
Miscellaneous TipsMiscellaneous Tips
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
Fact PatternFact Pattern
American Law American Law ReportsReports
Causes of Causes of Action (tort-Action (tort-based)based)
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
Leave It to Bieber’sLeave It to Bieber’s
Dictionary of Dictionary of Legal Legal AbbreviationsAbbreviations
Dictionary of Dictionary of Legal CitationsLegal Citations
Gallagher Law Library, 2007Gallagher Law Library, 2007
The BluebookThe Bluebook
Blue pagesBlue pages Tables & Tables &
abbreviationsabbreviations Jurisdiction-Jurisdiction-
specificspecific Courts, Courts,
documents, states, documents, states, periodicals, periodicals, servicesservices
Gallagher Law Library, 2007Gallagher Law Library, 2007
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)
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
TreatisesTreatises
►►ScholarlyScholarly
►► ComprehensiveComprehensive
►► AuthoritativeAuthoritative
Corbin on ContractsCorbin on Contracts Nimmer on CopyrightNimmer on Copyright LaFave on Search & LaFave on Search &
SeizureSeizure
Gallagher Law Library, 2007Gallagher Law Library, 2007
FormsForms
Formbook Formbook collectionscollections
LexisNexis & LexisNexis & Westlaw Westlaw databasesdatabases
Office boilerplateOffice boilerplate
Gallagher Law Library, 2007Gallagher Law Library, 2007
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
Gallagher Law Library, 2007Gallagher Law Library, 2007
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.)
Gallagher Law Library, 2007Gallagher Law Library, 2007
Questions?Questions?