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Definition
"Party Names", Reporter Volume #, Reporter Abbreviation, Initial Page(Date of Decision) |
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American Jurisprudence 2d - West pub References ALR & West's topic & key #s Selected court case citation Emphasis on Fed Stat Law Few Footnotes, more narrative Avail. Westlaw & Lexis online - contains unique items not in print organized and divided by topic |
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C.J.S. (full name, chars) |
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Definition
Corpus Juris Secundum West pub. Focuses on case law - attempts comprehensiveness West topic & key number references ONLY ON WESTLAW online - contains unique items not in print |
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Finding Law Reviews (specific & citation) |
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Definition
Specific - legal periodical indexes; full txt search online Citation - search title of journal in OSU catalog; Lexis or Westlaw; HeinOnline
check both systems/usually only go back to late 80s, early 90s |
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Definition
Retrospective collection of journals PDF format |
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Definition
Author, 'note' if student author, article title, volume number, abbreviated journal title, initial page number (year of publication) |
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ALR (full name, chars, uses) |
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Definition
American Law Reports ALR 6th (state topics) ALR Fed annotated reporter only Westlaw has new editions overview of fairly narrow topics - current controversy cross-jurisdictional survey NOT analytical, critical, or as authoritative as other secondary sources |
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Definition
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Order of cases in Reporters |
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Definition
National Reporter System West Pub attempts - all fed and state court decisions released for publication editorial treatment of ea. divided into: Federal & Regional (state cases) |
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US Supreme Court Reporters & Abbreviations |
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Definition
U.S. Reports - Official (U.S.) Supreme Court Reporter - (S. Ct.) (Part of NRS) U.S. Reports, Lawyers Edition - (L. Ed 2d) - Lexis pub |
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Supreme Court Opinion Citation |
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Definition
Parties, Volume, Reporter Abbreviation, Initial Page (date of decision) |
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Definition
All part of NRS, slip opinion is official, no official reporter: Federal Reporter (F., F.2d, F.3d) (select Court of Appeals) Federal Appendix (F.App's) (unpub Court of Appeals-since 2001) Federal SUpplement (F.Supp, F. Supp. 2d) (Select District Court) |
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State case - cite to which reporter? |
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Definition
Relevant regional reporter |
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Definition
Validation - whether reversed, overruled, positive treatment Research - finding similar cases (use depth of treatment, date, jurisdiction) |
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Pros and Cons of Print v. Online |
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Definition
Print - indexes, table of contents online - full text search, more up to date, no table of contents |
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Traditional Sequence of Print publication |
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Definition
Slip Opinion Advance Sheet Bound Volume |
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Definition
Secondary Sources
Print Digests
Full-text searching
Head notes & keynotes
citators |
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2 types of published statutes |
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Definition
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Term
Session Laws(char, advantage, disadvantage) |
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Definition
Arranged chronologically Advantage - see act as originally passed Disadvantage - can't tell current status, no subject searching |
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Codes (chars, advantages) |
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Definition
arranged by subject
Amendments incorporated into text
Advantages - subject searching, see what law is currently |
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Term
2 Federal session law publications |
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Definition
US Statutes at Large - Official USCCAN (US Code Congressional & Administrative News) - West |
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USCCAN (full name, chars, citation) |
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Definition
US Code Congressional and Administrative News West pub
Publication of federal session law
pamphlets pub monthly - bound yearly
includes committee reports
citation - "Stat." |
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US Statutes at Large (chars, 3) |
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Definition
current volumes contain prez proclamations, proposed and ratified constitutional amendments |
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Public Law Citation (abbreviations, components) |
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Definition
"Pub.L." or "P.L." (or something similar identification number assigned to the session law by the gov't identifies which contress enacted the law ex. Pub.L. 111-5 |
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Advantages of Annotated Codes (4) |
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Definition
annotations & many more editorial features reference case law that construe, interpret, or comment on code sections can reference other statute, AG opinions, or Secondary sources Helps to interpret statutes |
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USC (full name, chars, location, citation) |
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Definition
United States Code Official Version Cite to this available online - www.gpoaccess.gov (free) No annotations or other editorial features pub evry 6 yrs w/ annual supplements citation - 42 U.S.C. § 4332 (yr book published) |
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Annotated US Codes (names, publisher, citation) |
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Definition
USCA - United States Code Annotated - West - 17 U.S.C.A. § 1483 (West 2002) USCS - United States Code Service - Lexis - 17 U.S.C.S. § 1483 (LexisNexis 2003) |
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Annotations in USCA & USCS |
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Definition
historical & statutory notes (citations to original enactment and amendments) cross-references to other code sections references to CFR & publications of respective publishers USCA has topic & key numbers References to relevant court decisions |
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Updating print USCA & USCS |
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Definition
pocket parts quarterly supplements USCA - advance pamphlets to USCCAN USCS - advance service |
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online USCA & USCS updating |
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Definition
check currency then advanced legislative service database Shephards - will show citing cases & pending legislation, NO signals on docs Keycite - show citing cases & pending legislation, shows signals (red/yellow flags) on docs |
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Updating State codes (print & online) |
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Definition
print - pocket parts, ALS (advanced legislative service) online - keycite & shephard's will have select coverage ALS databases |
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Term
How to Research in Paper Codes (6 steps) |
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Definition
subject index
secific volume
look at surrounding codes for context
look at definition section
check for updates in pocket parts |
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How to research Statutes online (3 steps) |
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Definition
1. select appropriate database (check both westlaw & lexis, may not have anotations) 2. draft and run search, use index, or TOC 3. evaluate results - read statutory language, annotations, BROWSE adjacent sections, etc... |
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Definition
look up in Bluebook r. 12 :) |
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Federal Legislative History Docs (names, most & least persuasive) |
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Definition
Committee reports (MOST) Committee Hearings & Debates (LEAST) Presidential signing statements Bill amendments, changes (diff versions) |
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Term
Federal Legislative history Sources in Print (6) |
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Definition
CIS (congressional information service) USCCAN Congressional Record (floor debates, not always transcript)
Committee reports
committee hearings(specific bills usually)
committee prints(various issues not specific legislation) |
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CIS (full name, char, location) |
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Definition
Congressional Information Service legislative history indexing & abstracting for selected public laws avail on LexisNexis Congressional |
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Definition
debates & actions history of bills & resolutions table |
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Definition
most important part of legislative history (look here 1st) prepared by congressional committees - very detailed explanation, may summarize opposition found in USCCAN spotty back to 1940s, Lexis & Westlay 1990s +, CIS (most comprehensive) |
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Info needed for Fed Bills (3) |
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Definition
Chamber Info - House or Senate Bill Number Congressional Session or year |
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Definition
104th congress+ publications - bill txt, congressional record, committee reports links to congressional pages - committees, guides, directories FREE |
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Definition
began in 1993-gov printing office focuses on legislative & exec - USC, CFR FREE |
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Definition
content separate than reg LexisNexis good for historical or current research includes CIS |
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State legislative history |
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Definition
depends, scarce, some on Westlaw & Lexis, state legislative websites |
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Administrative Agencies (3) |
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Definition
Make rules & regulations
Adjudicate cases
Usually part of exec branch - legislature may create |
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Definition
typically more detailed explanations of statute requirements promulgated by agency to implement, administer, or enforce statue requirement promulgated due to enabling statute |
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Definition
gives agency authority to promulgate regulations and/or adjudicate cited in authority segment of CFR or Fed register |
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Federal Register(chars, locations) |
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Definition
gpoaccess.gov 1st place regulation appears published evry day arranged chronologically includes: hearing notices, exec orders & proclamations, PROPOSED reg, newly enacted reg NO amendments |
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Definition
Code of Federal Regulations
-codification of regulations that are Fed Register
-arranged by subject subject index |
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Finding Fed Regulations(3 ways) |
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Definition
CFR - subject index, browse outline USCA & USCS references full-text search of CFR online - lexis, west, GPO |
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Definition
Title #, C.F.R. section (date) |
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Definition
60 fed. Reg. 50,379 (sept. 29, 1995) |
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Ways to update fed reg (6) |
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Definition
keycite on West/regulatory impact on Lexis E-CFR (GPO) list of sections affected - published monthly search full txt of Fed Register -updated daily GPO - CFR, e-CFR, LSA, & fed register online use database info to determine currency |
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Administrative Decisions (6 chars) |
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Definition
similar to court decisions - issued by agency often decided by administrative law judge appeals go to Fed District Courts binding inconsistent publication(agency sites, lexis & westlaw, commercially pub decisions, bluebook contains official list) |
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Attorney General Opinions (importance, locations) |
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Definition
important at state level - advices state agencies and local gov on statute req'ments published online, paper collections find through annotated codes, digests, searching full-text online |
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state administrative codes |
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Definition
not every state has one some available on west, lexis or gov site |
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