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176 Cards in this Set
- Front
- Back
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Who creates cases? What type of authority are they? |
Opinions from appellate court judges; depends on the jurisdiction for authority; may be binding & mandatory or persuasive.
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What is stare decisis?
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Policy of the courts to abide by or adhere to principles established by previous cases (doctrine of precedent)
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What is the difference between mandatory and persuasive precedent?
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Both are primary sources of law. Mandatory precedent must be followed by the lower court if law is passed down by a higher court in its jurisdiction, its facts and legal issues are substantially similar to the facts of the instant case; and the case was reported (published).
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What are the courts in your state’s court system? List them from the highest appeals court to the trial courts.
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Supreme Court of Ohio, Court of Appeals, Court of Common Pleas, Court of Claims and Municipal Courts
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Which federal courts handle cases arising in your area? List them from the highest appeals court to the trial courts.
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United States Supreme Court, U.S. Court of Appeals, U.S. District Court of Ohio (Northern and Southern District); U.S. Bankruptcy Court
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What is the subsequent history of a case? Why is it important?
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subsequent history (much cited v. distinguished or criticized. The subsequent history of a case is important, because it strengthens the significance of the holding if affirmed, or vitiates the significance of the holding if reversed. It is a serious error to cite the opinion of a lower court that was later reversed by an appellate court, without explicitly mentioning the reversal, because the lower court's holding is no longer good law.
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what determines how authoritative and useful a case is for a particular research project?
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Court, Jurisdiction, Similarity of the facts, strong reasoning, recent year, subsequent treatment (much cited v. distinguished or criticized) , direct history of the case (affirmed/reversed)
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What is a case reporter?
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Set of books collecting cases in chronological order.
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What is the difference between an official and an unofficial case reporter?
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Official reporters are published under government authority whereas unofficial reporters are published without specific authority by commercial publishers.
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What is the difference between a first and second (or even later) series of a reporter?
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Earlier reporters are older cases.
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Who creates encyclopedias? What type of authority are they?
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Thomson & West Publishing. Secondary authority.
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How can encyclopedias contribute to your research?
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Provide general background information and limited citations to primary authority, but not for in-depth analysis of a topic.
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What are two major encyclopedias of American law and their basic differences?
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West (Corpus Juris Secundum or C.J.S.) and Thomson (American Jurisprudence Second Series or Am. Jur. 2d)
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How can you locate pertinent information within an encyclopedia?
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Using the subject index or the table of contents and locating relevant sections in the main subject volumes
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Between Common law and Statutes, which one that takes precedence?
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Statutes
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What is a legislative proposal?
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A bill
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What is Restatement?
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American law institute formulations of Black Letter Law legal principles on selected topic areas
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What is a syllabus?
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Brief summary paragraph of main points of case appearing at the beginning of the case
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What is an official reporter?
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Court reporter ordered published by statute or court
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What is parallel citation?
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Reference to 2 different reporter abbreviations.
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What does CFR stand for?
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code of federal regulations
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What are primary sources?
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Constitutions, Statutes, Adm Regs, Case Law, court rules
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What is binding precedent?
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Case law that must be followed by subsequent court
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What is the federal register?
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A federal publication which since 1936, has published each days agency regs, pronouncements and executive actions
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What is Shepard?
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an update tool
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What are Codes?
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organized statutes.
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Whats the spacing rule?
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BB 6.1a - look it up!
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U.S.C.C.A.N.
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West publication, available in the library, in which you find many of the U.S. House and Senate Committee Reports and new Public Laws
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The first 3 steps of print publication for reporters
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Slip opinion, Session law, codification
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What are headnotes?
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West’s abstracts of legal principles found in a case numbered at the front of an opinion, prepared by publishers
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What are treatises
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Book prepared by legal scholars that provides critical assessment of case law , more exhaustive than an encyclopedia
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What is dicta?
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Latin term for courts incidental comments not necessary to the formulation of the decision
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4 things that make a case more authoritative for your issue
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recentness, the court it was determined in, subsequent treatment, and something?
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What are Uniform Laws
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Nat’l conference of commissioners name for a model statute when it has a reasonable probability of adoption by a substantial number of jurisdictions
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The American law reports edition that discusses in detail current federal law issues
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ALR 5th?
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What does CFR stand for?
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Code of Federal Regulations
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What is CFR?
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Offical publication of federal rules
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How is CFR organized
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By subject, title, and parts
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How is CFR updated?
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Annually in four separate installments
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What does the Legislative do?
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Issue Rules
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What does the Judicial do?
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Hear Disputes
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What does the Executive do?
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Enforce rules, investigate violations, prosecute, issue permits, etc.
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When federal agencies issue Rules they do so according to a Notice and Comment due process procedure under the requirements of what Act?
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Administrative Procedure Act
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Agency Regulations have the force of Mandatory Law if they...
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1. Conform to the enabling power granted the Agency by Legislature;
2. Are properly promulgated per the APA; and Are Not Arbitrary or Unconstitutional |
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Federal Register
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- Publishes all proposed/adopted regulations/rules of "general application and legal effect"
- Also has reports on activities of executive branch and includes Pres Proclamations, Notice of meetings, and Finding aids, TOC, Tables, etc. - Issued chronologically in daily pamphlet (and on GPO/FDsys website) -**publications in the Federal Register are Constructive Legal Notice of Contents |
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Federal regs per BB Rule 14.2
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16 C.F.R. S 1210.190 (2010).
60 Fed. Reg. 7734 (Feb 28, 1995). |
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State regs per BB Table 1-Ohio
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Ohio Admin. Code 1502:16-3-08 (2010).
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Where are Ohio Regulations found?
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Found in Ohio Adminstrative Code
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Federal
Trial Court - District Court |
Federal Supplement (F.Supp., F.Supp. 2d)
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Federal Court
Appellate Court - Court of Appeals |
- 13 Circuits, including the District of Columbia Circuit and the Federal Circuit
- Ohio is in the 6th Circuit Court of Appeals - Federal Reporter (F.2d, F.3d) |
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Federal Court
Highest Level - U.S. Supreme Court |
- Jurisdiciton over both state and federal appeals
- Official reporter: United States Reports (U.S.) - (unofficial) Commercial reporters: - Supreme Court Reporter, West (S. Ct.) - United States Supreme Court Reports, Lawyer's Edition, LexisNexis (L.Ed.) |
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Ohio Trail Court
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Court of Common Please, Domestic Relations Court, Juvenile Court, Probate Court, Mayors Court, etc.
- Organized on the county level, 88 counties - most decision not published - Ohio Miscellaneous (Ohio Misc., Ohio Misc. 2d) |
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Ohio Appellate Court - Court of Appeals
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- 12 appellate districts
- Franklin County is in the 10th appellate district - Ohio Appellate Reports (Ohio App., Ohio App. 2d, Ohio App. 3d) (official) - North Eastern Reporter (N.E., N.E. 2d) (unofficial) |
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Ohio Courts - Highest level - Ohio Supreme Court
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- Jurisdiction: entire state of Ohio
- Ohio State Reports (Ohio St., Ohio St. 2d or 3d) (official) - North Eastern Reporter (N.E., N.E. 2d) (unofficial) |
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United States Code
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- Official version: United States Code (U.S.C.)
- published every 6 years - no pocket parts - yearly supplemental volumes Unofficial/Commercial Versions - United States Code Service (U.S.C.S.)(LexisNexis) - United States Code Annotated (U.S.C.A.)(West) |
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Updating the U.S. Code Using Print Sources
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- Use the code
- Check under title and section in pocket part - Final updating step: 3 options - Check each paperback supplement at the end of the U.S.C.A. - Check the Public Law advance sheets Table of USC sections affected in the U.S.C.S. - Check the U.S. Code Congressional and Administrative News (USCCAN) Table of U.S.C.A. Sections Amended, Repealed, New, Etc. |
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Updating U.S. Code Electronically
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- Lexis: Shepard's
- Westlaw: KeyCite - WestlawNext: KeyCite information at top of page - Internet: - FDSys (U.S. Code) - Thomas (Current Legislation) |
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Ohio Session Laws
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- Assinged Revised Code Secion # in bill
- Deletions are lined through - Additions are in CAPITAL LETTERS or underlined - To track changes, check the History section in the Code - Page's R.C. 3109.36: 143 v. S.3. Eff. 4-11-91 - Baldwin's R.C. 3109.36: 1990 S 3, eff. 4-11-91 |
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Ohio Revised Code
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- No offical code: Baldwin's (West) or Page's (LexisNexis)
- No Even Numbered Titles except for Title 59 - Available on the Internet as LAWriter Ohio Revised Code (no annotations) - Also available on Lexis and Westlaw |
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Updating the Ohio Revised Code in Print
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- Check the Code Section
- Check the pocket part - Check Page's Legislative Bulletin or Baldwin's Ohio Legislative Service |
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Updating the Ohio Revised Code Electronically
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- Westlaw:
- KeyCite - OH-ST-ANN (Ohio statutes annotated) - Lexis: - Shepard's - OH-Page's Ohio Revised Code Annotated - Free Ohio Sites: - LAWriter Ohio Revised Code - Ohio General Assembly website |
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Federal Annotations in Codes
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Federal (U.S.C.A./U.S.C.S.):
- Code of Federal Regulations - Case Annotations - Topics/Key Numbers (U.S.C.A.) - Encyclopedias, Law Reviews, and other Secondary Sources |
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State Annotation in Codes
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State Codes (Ohio Revised Code)
- Case Annotations - Topics/Key Numbers (Baldwin's) - Ohio Administrative Code - Encyclopedias, Law Reviews, and other Secondary Sources |
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Locating and updating Federal and State Administrative Law in print and electroncially
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Library PowerPoint slides 19-30
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What is the Code of Federal Regulations (CFR)?
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Contains Final Regulations, including Executive Orders
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How is the CFR arranged?
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Arranged by Title and Part Number - 16 C.F.R. § 444 (2009)
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How often is CFR published?
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Titles are published staggered over the entire year (¼ of titles published in January, ¼ in April, ¼ in July, ¼ in October) Color changes each year
Check revision date on outside of volume. |
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How do you update CFR?
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Federal Register
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Federal Register
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-Proposed and Final Regulations, Hearing
-Notices, Executive Orders, Requests for Proposals -Published five days a week when the government is operating. -Consecutive pagination from January 2 forward. -Cited by volume and page number: 75 Fed. Reg. 10030 (Mar. 4, 2010) -Index is by agency |
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How do you locate Federal Regulations in Print?
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• Index to the CFR is by subject
• U.S.C.S. has a CFR Index • Code of Federal Regulations references in U.S.C.A. and U.S.C.S. |
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How do you update Federal Regulations in Print?
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• Check Revision Date for the CFR
• Use most recent List of Sections Affected (LSA) • Check for both Final Rules and Proposed Rules • Check table of Federal Register pages to get the date of the issue • Go to Federal Register, check “Readers Aids” page • Last published day of the month ○ Most recent issue if middle of month ○ “CFR parts affected during…” is a mini-LSA |
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Locating and Updating Federal Regulations Electronically
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LEXIS:
-Code of Federal Regulations -Shepard’s provides cases but not Federal Register -Check Federal Register for proposed/final rules WESTLAW and WestlawNext: -Code of Federal Regulations -KeyCite will refer you to cases and Federal Register cites FD Sys -Code of Federal Regulations -Federal Register |
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State Administrative Law:
Administrative Code |
-Final Rules
-Subject Index -Often has a pocket part or yearly supplement |
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State Administrative Law: Administrative “Register” or “Record
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-Notice of Rule Making
-Rule text -Emergency Rules -Hearing notices -Index by subject or agency -Rule number index |
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Ohio Administrative Law: Ohio Administrative Code
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-Final Rules
-Subject Index -No separate title #, title and sections together: -Ohio Admin. Code 173:1-102 (2008) -Has a pocket part |
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Ohio Administrative Law: Ohio Monthly Record
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-Published monthly
-Final Rules, public hearing schedule, summary of proposed rule changes -A Vertical Line in the margin designates an emergency rule. -Check for number of days in effect. |
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Updating Ohio Regulations in Print
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-Check the Ohio Administrative Code.
-Check the pocket part under the same rule number. -Use the rule number table in the back of the MOST RECENT Monthly Record |
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Updating Ohio Regulations Electronically
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- Step 1: Check LAWriter’s Ohio Administrative Code
- Step 2: Check Ohio Register - Step 3: Check Joint Committee Agency for Rule Review (JCARR) - Other options: - LEXIS: OH—Ohio Administrative Code and the Ohio Register, OH State Net Regulatory Text, OH State Regulation Tracking - Westlaw: OH-ADC, OH—REGTXT - WestlawNext: Ohio Regulations, Ohio Proposed and Adopted Regulations |
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Digests
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- Use to find cases on point
- Indexing of American Law by topic - Published by West - Approximately 400 Topics - Key numbers subdivide the Topics - Each issue in a case is assigned a topic and key number. Headnote is written. - Each headnote is published in the digest under the topic and key number - Topics and key numbers are the same in all digests |
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How do you use Print Digests?
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• Use the smallest digest to obtain most persuasive authority
How to Use: • Descriptive Word Index: alphabetical by broad topics. Under each topic are the Topic and Key numbers. Go to the Topic and Key Number volume. • Table of Cases: Look up name of case to find citation. It also lists case’s Topic and Key numbers. Go to the Topic and Key Number volume. • Topic and Key Number: Use when the Topic and Key number is already is known. Go to the Topic and Key Number volume without using DWI or Table of Cases. |
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Updating When Using Print Digests
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• State, Regional & Federal Digests
• Pocket Part and/or paperbound supplements ○ Check back of title page for reporters included in supplement -140 US -140 US 670 • Check reporter advance sheets |
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Updating Case Law Using Shepard’s on LEXIS or KeyCite on Westlaw
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• History of the case
• Use to validate your case • List of cases that have cited your case or statute • List of secondary sources that have cited your case or statute - Shepard’s cites to LEXIS publications - KeyCite cites to West publications |
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Legal Encyclopedias
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• General overview of the law
• Good for introduction to a topic • Citations to primary law Corpus Juris Secundum American Jurisprudence 2nd Ohio Jurisprudence 3rd |
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American Law Reports (ALR)
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• Encyclopedic essays - annotations - on significant legal topics
- includes case, facts, holdings of all reported cases on point - majority and minority views on topic - provides references to statutes, digests, texts, treatises, law reviews, and legal encyclopedias - annotation index by subject - annotation index by jurisdiction |
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How do you access ALRs?
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• Use subject index
- ALR 1st has a separate index - however - ALR Complete Series index combines ALR 1st through 6th, ALR Fed. And ALR Fed. 2nd - ALR Quick Index combines ALR 3rd – 6th; does not cover ALR & ALR 2nd or ALR Fed. & ALR Fed. 2nd - ALR Fed. Quick Index covers ALR Fed. & ALR Fed. 2nd - Have a case or statute? • Table of Cases for ALR 5th & 6th, Federal & Federal 2d • Table of Laws, Rules & Regulations covers ALR Complete Series (ALR 1st – 6th, ALR Federal and Fed. 2d) - Available on Westlaw from ALR 1st forward, including ALR Federal & Federal 2d - Available on LEXIS from ALR 2d forward, including ALR Federal & Federal 2d |
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How do you update ALRs?
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• ALR 1st – Blue Book of Supplemental Decisions & annual cumulative pamphlet
• ALR 2nd - Later Case Service • ALR 3rd, 4th, 5th & 6th and Federal/Federal 2nd - Pocket Part in each volume • Latest Case Service: Toll free number for cases decided after the pocket part published • Use the Annotation History Table to check if an annotation has been supplemented or superseded |
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Law Reviews
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• Articles focused on specific issue
• Case notes • May include general overview of topic • Citations to primary authorities (cases & statutes) |
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How do you access Law Reviews in Print?
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• Locate using:
- Index to Legal Periodicals and Books (ILP) - Current Law Index (CLI) • Search by subject, author, book title (for book reviews) or case • Paper volumes are not cumulative. Must search each volume. - Current Law Index (CLI) • Search by subject, author, book title (for book reviews) or case • Paper volumes are not cumulative. Must search each volume. • Locate using: - Index to Legal Periodicals and Books (ILP) - Current Law Index (CLI) • Search by subject, author, book title (for book reviews) or case • Paper volumes are not cumulative. Must search each volume. |
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Accessing Law Reviews Electronically
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Westlaw: - Index to Legal Periodicals: ILP
- Law review database: JLR • WestlawNext: - Secondary Sources: Law Reviews • LEXIS: - Index to Legal Periodicals - Law review database: US Law Reviews and Journals, Combined • OhioLink: Legal Collection |
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Treatises
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• In depth treatment of a single subject
• Single or multi-volume. • Topic overviews plus analysis or commentary • Citations to primary and secondary authorities • Always update with further research - Example: Wright and Miller, Federal Practice and Procedure |
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Looseleaf Services
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• Updated monthly or weekly
• May contain current statutes and regulations • Often refer to most recent case law - Example: CCH Standard Federal Tax Reporter |
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What are ALRs?
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A.L.R.s contain annotations (summaries of cases from a variety of jurisdictions to provide an overview of the law on a topic).
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Who create ALRs?
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Lawyers
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What kind of authority are ALRs?
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Secondary
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What are the various version of ALRs, their general time periods, and what do they cover?
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Eight series of A.L.R. A.L.R. - Fed. & Fed. 2d cover issues of federal law. The remaining series usually cover issues of state law.
ALR Fed. (1969-2005) ALR Fed. 2d (2005- ) A.L.R 6th (2005- ) A.L.R. 5th (1991-2005) A.L.R. 4th (1980-1992) A.L.R. 3d (1965-1980) A.L.R. 2d (1948-1965) A.L.R (1919-1948) |
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What special features do you find in ALRs that help you research?
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For an overview of an area of law and citations to primary authority (especially to locate persuasive authority from other jurisdictions), but not for in-depth analysis of a topic.
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What are the 3 ways you update an ALR article?
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- Check the “History Table” in the ALR Index to see a list of updated annotations from ALR 2d, ALR 3d, ALR 4th, ALR 5th, or ALR Federal.
- In addition, each series has its own form of supplementation: For more details about How Is An ALR Annotation Updated” consult the beginning pages of any ALR 4th or ALR 5th volume. - Pocket parts (May be superseded by a later ALR and this will be noted in the pocket part. Recent cases on the same topic are cited in the pocket part. New secondary sources are included in the pocket part) |
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What are treatises? What type of authority are they? Who creates them?
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An in-depth treatment of a single subject (contain an overview of topic and analysis or commentary.) Secondary authority. They are created by law professors and other respected authorities
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What factors determine the authoritativeness of a specific treatise?
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If the treatise is widely respected and considered a definitive source in an area of law
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For what purposes would you consult a treatise?
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In-depth discussion and some analysis of an area of law and for citations to primary authority.
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5. What are several means of finding a pertinent issue?
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Online catalog in library or word searches in databases (CALR)
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How do you locate pertinent info in a treatise?
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Subject index or table of contents
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How are treatises updated?
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Pocket parts
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List the info necessary in proper BlueBook form or an example and the Rule #
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1 Fowler V. Harper et al., The Law of Torts § 3.6 (3d ed. 1996)
(Volume number) (Author’s full name – if more than 2 authors, list the first, followed by et al.) (title of treatise – underlined or italicized) (The section cited – with space between the section symbol and the section number) (Parenthetical containing the edition and date) Rule 15 |
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Who creates legal periodical articles? What type of authority are they?
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Law professors, Lawyers, Judges and students. Secondary authority.
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What factors determine the authoritativeness of a specific periodical article?
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Author’s expertise; reputation of journal in which the article was published; age of article; depth of articles’ research and analysis.
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How can periodical articles help you in your research?
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For background information, citations toprimary authority, in-depth analysis of a narrow topic, or information on a conflict in the law or an undeveloped area of the law.
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How do you locate pertinent periodical articles?
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Index to Legal Periodicals (ILP) or LegalTrac periodical indices; execute a search to obtain list of citations.
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What information can you derive from a periodical discussion of your topic?
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Citations to primary and secondary authorities; often address undeveloped areas in law and propose solutions for resolving problems in law.
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Can you update a periodical article?
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Look for later articles that add to or criticize the older article.
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List the information presented in proper BlueBook citation to a periodical article, in the order the information appears.
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Rebecca Brown, Accountability, Liberty and the Constitution, 98 Colum. L. Rev. 531, 532 (1998).
(Author’s full name) (Name of article) (Volume) (Abbreviated name of publication) (Starting page) (Pinpoint cute) (Date). |
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What is a digest of cases?
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Collection of cases; main way to find cases on point; indexing of American Law by topic
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How would you find the useful part of a digest for a particular research project?
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- locate correct digest set for the type of research you are doing
- locate relevant topics and key numbers within digest - read case summaries under the topics and key numbers - update research to make sure to find summaries of most recent cases |
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What West Digest currently covers cases from the following courts?
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a. The U.S. Supreme Court – U.S. Supreme Court Digest
b. The federal courts of appeal – Federal Practice Digest, 4th c. The federal trial courts - Federal Practice Digest, 4th d. Your state’s courts – |
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Describe how headnotes and key numbers work and tell who drafts these.
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Before a case is published in a reporter, an editor at West reads the case and selects the important issues of law. For each major issue, the editor then writes a short description called a headnote.
When writing the headnotes, the West editor gives each one a "headline,” actually a broad topic, selected from a list of about 400 possibilities. The editor will assign the headnote a specific sub-topic, such as "Injury to tenant or occupant.” In West digests, this sub-topic is represented by a number called a key number. Each topic and key number combination represents a unique point of law. Key numbers are the same in all West digests for all jurisdictions |
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Describe the coverage of the American (Dicennial & General) Digest System
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All state and federal law
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List 3 different finding features in the Digest
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• By a case – alphabetical by topic and key number (highest court and most recent then down)
• Descriptive word index – look up key words • Topic outline – beginning outline |
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What are restatements? What type of authority?
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The Restatements function as a statutory codification of the common law, i.e., law made by judges' decisions. Secondary authoritative source.
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How are Restatements created and by whom?
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Professors, judges and lawyers
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what weight of authority does a Restatement have?
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Persuasive
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For what purposes are the Restatements useful for your research?
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For research into common-law subjects and to locate mandatory and persuasive authority from jurisdictions that have adopted the restatement.
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Why must you be careful about using Restatements?
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One must be careful because they are not bodies of law but rather restatements of the law by a committee of scholars.
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What do you find in the Restatement, the comments, illustrations, reporter’s noted and appendix?
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?
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How can you locate a pertinent section in a Restatement?
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Subject Index or table of contents; using the noncumulative Appendix volumes to find pertinent case summaries; and using pocket parts in the latest appendix to locate the most recent cases.
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List info for proper BB citation or an example and BB rule.
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Restatement (Second) of Torts § 35 (1965).
Rule 12.9.5 |
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What is a model law? How is it developed?
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Proposed legislation that does not have a reasonable possibility of uniform adoption.
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What is an Uniform Act? How does it become one?
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Proposed legislation that has a reasonable possibility of enactment in a substantial number of jurisdictions.
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Model acts and Uniform Law
Where can you find one? |
Uniform Laws Annotated, Master Edition (ULA)
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Model acts and Uniform Law
Why would you consult one? |
Use uniform laws and model acts to interpret a law adopted by legislature and to locate persuasive authority from other jurisdictions that have adopted the law.
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What type of authority are statutes?
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Primary binding authority
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What role do courts have with respect to statutes?
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Determine what the legislature intended when it passed the statute; meaning of statute; ambiguities
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List several principles used to interpret statutes.
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Similar statutes, language of the statute, canons of construction, legislative history
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What are slip laws, session laws and codes?
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Slips laws – a pamphlet containing the full text of the law as it was passed by congress; identified by public law number
Session laws - all slip laws enacted during the legislative session are arranged in chronological order according to the date of enactment and are published. Codes – statutes and amendments enacted by legislature; arranged by subject matter. |
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What are the Statutes at Large and why do you consult them?
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Publication of session laws
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What is the official code for federal statutes? How does it differ from the unofficial codes?
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Official codes are published by the government (U.S.C.) and unofficial codes are published by commercial publisher without government authority (U.S.C.A. and U.S.C.S).
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What are several means of location pertinent statutory sections within a code?
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Citation, by subject, by words in the document, or by the name of the act
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After you find a statute in a code, what else should you look at?
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Interrelated code provisions – need to research the entire statutory scheme to find all potentially applicable code sections.
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Where would you look for information updating that in the main volume of a code?
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Pocket parts and supplemental pamphlets
Check revision date for the CFR (code of federal regulation); Use most recent List of Sections Affected (LSA); go to Federal Register, check “Readers Aids” page (published day of the month) |
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What is the code(s) for Ohio?
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Ohio Revised Code
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11. List the information presented in a proper BB citation to a statute in a code, in the order the info appears…or give an example.
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Official name of act: Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (2006).
Individual provision: 28 U.S.C. § 1291 (2006). |
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What is a statute’s legislative history and why is it important?
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A variety of documents produced during legislative process.
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Name six documents/records that contain legislative history for federal statutes.
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Bills, hearings, floor debates, committee reports, presidential statements and appropriations.
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What is USCCAN? What is C.I.S.?
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United States Code Congressional and Administrative News (USCCAN): A source of committee reports
Congressional Information Service (C.I.S): microfiche set (electronic source to locate committee reports & hearings) – more complete source |
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What is the Congressional Record?
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The record of all activity on the floor of the House and Senate.
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What are constitutions?
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Constitutions establish a system of government and defines the boundaries of authority granted to the government.
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Where are three places you would turn to research federal constitutional law?
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?
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How authoritative is an agency regulation? Why?
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Mandatory law if they conform to the enabling power granted to the agency by legislature; properly promulgated per the APA; and are not arbitrary or unconstitutional
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What is the role of the legislature relative to an administrative agency?
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Legislature enables and funds the agency.
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What is the role of the judiciary relative to an administrative agency?
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Review rules and agency rulings.
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What source contains the current regulations of federal agencies?
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Code of Federal Regulations (C.F.R.)
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How is it like and unlike a statutory code?
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In operation, administrative regulations are indistinguishable from statutes, although the methods used to create, modify, and repeal them are different than statutes.
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What source contains the daily output of federal administrative agencies?
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Federal Register
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How do you update an administrative regulation?
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C.F.R. is updated once a year in four separate installments. Titles 1-16 are updated January 1 of each year, titles 17-27 on April 1, titles 28-41 on July 1, and titles 42-50 on October 1.
New or amended regulations are published in the Federal Register but are not codified within the C.F.R. until a new set is published. |
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How do you BB cite a federal regulation?
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7 C.F.R. § 319.76 (1999).
(C.F.R. title no.) (abbreviation of set of regulations cited) (section symbol and specific section cited) (date of code edition cited) 60 Fed. Reg. 7734 (Feb. 28, 1995). (volume) (abbreviated name) (page number) (exact date) |
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Why are loose leafs helpful on researching administrative/regulatory law?
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Looseleaf service collects and reprints agency regulations in a particular subject area. These topical looseleaf services focus on the work of one of the major agencies and provide up-to-date, annotated texts of federal regulations in their subject areas. However, not all regulations are covered by a looseleaf service. If the subject matter of your regulation is covered by a looseleaf service, you can get the current language from the looseleaf reporter. Most reporters are updated weekly, biweekly or monthly, and they usually will indicate whether there are any proposed changes or final changes that have not yet taken effect.
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What sources might you use in researching the law of a state administrative agency?
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State Administrative Code:
- Final Rules - Subject Index - Often has a pocket part or yearly supplement State Administrative “Register” or “Record”: - Notice of Rule Making - Rule text - Emergency Rules - Hearing notices - Index by subject or agency - Rule number index Ohio Administrative Code: - Update with Ohio Monthly Record - Update the most recent weeks online with www.registerofohio.state.oh.us |
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Who creates Rules of Procedure? What type of authority are they?
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Committee appointed by the Supreme Court
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What are the usual sets of Rule in most jurisdictions?
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- Rules of Civil Procedure
- Rules of Criminal Procedure - Rules of appellate Procedure - Rules of Evidence |
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What is the relationship between federal and state Rules
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In what sources can you find a jurisdiction’s Rules of Procedure?
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U.S.C., U.S.C.A, U.S.C.S.
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What are the main treatises regarding the federal rules of civil procedure?
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Moore’s Federal Practice and Wright & Miller’s Federal Practice and Procedure
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How can you locate references to cases interpreting your Rules of Procedure?
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Specialized reporters
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In which reporters are cases interpreting the federal rules of civil procedure?
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Federal Rules Decisions (F.R.D. West); Federal Rules Service (Lawyers’ Co. Op.)
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List a proper BB citation for a federal rule of procedure.
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Fed. R. Civ. P. 11.
(abbreviation of set of rules cited) (number of rule cited) |
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Who creates rules of professional responsibility? What type of authority?
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American Bar Association - ??
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Who creates the following and how authoritative are they?
a. Comments to the Rules b. Ethics opinions c. Disciplinary decisions |
American Bar Association - ??
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Where would you find your state’s rules of professional responsibility and information about those rules?
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Supreme Court of Ohio & Ohio State Bar Association
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What is the ABA Model code and rules and how do they relate to your state’s rules?
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They serve as models for the ethics rules of most states. Ohio has adopted the professional conduct rules that follow the format of the ABA Model Rules of Professional Conduct.
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What are the two commercial electronic legal research database systems?
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Westlaw and LexisNexis
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Describe a Boolean search and its advantage over a Natural Language search.
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Boolean searching retrieves information based on relationships among words in a document. The Boolean search identifies documents containing precise terms you identify, in the precise relationship you request. (More flexibility in tailoring a word search to your needs).
When using natural language search, Degree of functionality may not be accurate enough and can be inconsistent. |
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What function do ! and * serve in a Boolean Search?
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(!) Root expander
(*) Universal character |
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Name 3 techniques for making your CALR more effective?
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Westlaw: Browse search results from the list of citations or using the Term function; refine a word search by editing or using the Locate function. (KeyCite Alert & WestClip)
LexisNexis: browse documents in Full or KWIC using the Term function, view a list of citations in Cite, or customize the display using Custom; refine a word search by editing the query or using FOCUS, More Like This, or More Like Selected Text functions. (Shepard’s Alert and Alert) Publicly available internet sources: locate useful sites to obtain background information on a topic or citations to primary authority; assess credibility of the source; verify and update any legal authorities you locate. |
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List 6 segments/fields you can search in Lexis/Westlaw.
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Citations (ci), prelim (pr), caption (ca), text (te), credit (cr), historical notes (hn) , references (re), annotations (an)
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What are the two key purposes to Shepardizing (or Keyciting) a case?
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To find out if the law is still good (case status) and to access direct history of the original case
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Do you need to read all the cases in a Key Cite/Shepard’s case check? Which ones?
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Use headnote references to identify citing cases that discuss propositions most relevant to your research.
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How are Lexis and Westlaw cite checking organized differently? Why would a researcher care?
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Both are similar, personal preference.
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