1 what you always wanted to know about legal research but were afraid to ask prepared by peggy...

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What You Always Wanted To Know About Legal Research But Were Afraid To Ask

• Prepared by Peggy Roebuck Jarrett and Jonathan Franklin

• Gallagher Law Library, University of Washington

• 7th Annual Bridge the Legal Research Gap• June 25, 2002

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CONTENTS

• Overarching Themes• Starting Points• Primary Statutory and Regulatory Sources• Legislative History Materials• Caselaw Research Tips• Miscellaneous Legal Documents• Final General Tips

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OVERARCHING THEMES

• Update• Why do the work when someone else has

already done it?• Check Seattle U and UW law library

websites.• Check the Washington Legal Researcher’s

Deskbook 3d.• Use help services, including librarians and

vendor toll-free numbers.

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STARTING POINTS

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Abbreviations and Acronyms

• Bieber's Dictionary of Legal Abbreviations• Bieber's Dictionary of Legal Citations• The Bluebook: A Uniform System of Citation• Acronyms and Abbreviations (adapted from Washington

Legal Researcher's Deskbook 3d), http://lib.law.washington.edu/pubs/acron.html

• Bluebook Abbreviations of Law Review Titles, http://lib.law.washington.edu/cilp/abbrev.html

• U.S. Government: Commonly Used Abbreviations and Acronyms (reproduced from the U.S. Government Manual), http://lib.law.washington.edu/ref/usabb.html

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What does a word mean?

• Black’s Law Dictionary

• General dictionaries (American Heritage, Webster's)

• Words and Phrases: cites cases that define words and phrases.

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Starting a research project? Try a research guide:• UW Legal Research Guides,

http://lib.law.washington.edu/ref/guides.html

–Washington State Legislative History

– Labor and Employment Law

– International Legal Research

– Health Law

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More Research Guides!

•SU Law Research Starting Points, http://www.law.seattleu.edu/information/startingpoints/

–Civil Procedure

–Education Law

–Hazardous Waste & Toxics Regulation

–Land Use Law

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When you need a bit more detail, look for major, multi-volume treatises:• Nimmer on Copyright• Chisum on Patents• Collier on Bankruptcy• Constitutional Law by Nowak and

Rotunda• Wright & Miller's Federal Practice

and Procedure• Moore's Federal Practice

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Starting a Washington-specific research project• Washington Practice (also on

Westlaw)

• Washington Lawyers Practice Manual

• Washington State Bar Association (WSBA) Deskbooks (also on LoisLaw)

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Got a specific fact pattern?

• American Law Reports (ALR) can be gold mines of information. Especially useful for a review of caselaw across jurisdictions relative to a specific fact situation.

• Recent law review articles summarize areas of the law and the footnotes give starting points for additional research.

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Looking for a law review article?• Use a periodical index such as LegalTrac

instead of or in addition to searching full-text law review articles on LexisNexis and Westlaw.

• LegalTrac indexes by subject, so you may find articles that lack the keywords you used in a full-text search.

• LegalTrac coverage begins with 1980.

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Look for a law review article on a pre-1980 topic, such as a landmark case?

• A print index, Index to Legal Periodicals.

• Hein Online (if available). You can search full text, but check the coverage!

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Need a form?• General Forms

– AmJur Legal Forms, 2d ed. or West's Legal Forms, among many others

– LexisNexis and Westlaw have forms databases. Call the help service to confirm they have the form online before going online.

• Washington Forms– Washington Lawyers Practice Manual

– Washington Practice

– Washington State Courts website: http://www.courts.wa.gov/forms/home.cfm

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Need a fact, such as weather or currency exchange rates for a particular date?• Use the Public Library• Seattle Public Library, Reference

Websites, http://www.spl.org/selectedsites/reference.html

• Seattle Public Library Quick Information: 206-386-4636

• Internet Public Library's Reference Center, http://www.ipl.org/ref/

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PRIMARY STATUTORY AND REGULATORY SOURCES

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Start with statutes

• Starting with statutes can sometimes get you an answer quickly.

• Cases are often based on statutory interpretation.

• Annotated codes are a great way to find relevant cases quickly.

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Statutes are often easier to use in print than online

• They have a hierarchical structure.

• It is easy to browse adjacent sections.

• The typeface gives cues about what parts are important.

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Washington State statutes

• RCW = Revised Code of Washington (official)

• RCWA = Revised Code of Washington Annotated (unofficial; includes notes of cases)

• ARCW = Annotated Revised Code of Washington (unofficial; includes notes of cases)

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Update the RCW, RCWA, and ARCW• Laws of Washington = the session laws• Session laws are the laws from each

legislative session, published in chronological order.

• Session laws update the code.• Washington State Legislature's

homepage, http://www.leg.wa.gov/wsladm/default.htm– Includes session laws, bills, daily status

reports, and committee reports.

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Washington State regulations

• WAC = Washington Administrative Code

• WSR = Washington State Register. The biweekly Register updates the annual WAC.

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Federal statutes

• USC = United States Code (official, but not timely). Use primarily for citation purposes, not for research.

• USCA = United States Code Annotated (unofficial; includes notes of cases)

• USCS = United States Code Service (unofficial; includes notes of cases)

• Update USCA and USCS using pocket parts and supplements

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Updating Federal statutes beyond the pocket parts and supplements• Stat = United States Statutes at Large = the session

laws• P.L. = Public Law• Once a bill becomes law, it is assigned a P.L.

number.• At the end of each legislative session, the enacted

laws are published in chronological order in the Statutes at Large.

• Laws of a general and permanent nature are codified in the United States Code.

• Thomas, http://thomas.loc.gov/, session laws, bills, bill-tracking, roll call votes.

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Popular Names of Legislation

• Washington: Check tables in RCW, RCWA.

• Federal: Tables in USC, USCS, USCA. Plus Shepard's Acts and Cases by Popular Name.

• Run a search in an electronic database of law reviews (this can be expensive!)

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All versions of the USC and RCW have volumes of tables• Codification tables• Session law to code section• Previous code (Remington's Revised

Statutes) to current code (RCW)• Disposition tables of former code

sections• More extensive tables in commercial

codes.

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Effective Dates of Legislation

• Washington: 90 days after adjournment of the legislative session, unless the bill has a specified effective date or emergency clause.– Dates of adjournment and 90 days post-adjournment

can be found at the beginning of the Laws of Washington volumes, in the RCWA tables volume, and in the pocket part of each RCWA volume.

• Federal: the date the bill is signed into law by the President, unless the bill has a specified effective date.

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Constitutions Annotated

• Federal: first volumes of USCA and USCS.• Constitution of the United States of

America: Analysis and Interpretation, in print and at http://www.access.gpo.gov/congress/senate/constitution/index.html.

• Washington: first volumes of RCWA and ARCW.

• Both: LexisNexis and Westlaw.

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Federal Regulations

• CFR = Code of Federal Regulations• FR = Federal Register• Fed. Reg. = Federal Register• LSA = List of CFR Sections Affected• The Federal Register is published daily. It

updates the CFR.• Use the LSA to find FR updates to specific CFR

sections.• The proposed and final regulations printed in the

Federal Register have preambles that contain useful background information.

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GPO Access – the official federal government site

• http://www.access.gpo.gov/su_docs/index.html

• Searchable databases include Code of Federal Regulations; Federal Register; Congressional Record; and congressional bills, hearings, and reports.

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Multi-state Statute Questions

• See if someone has done the work first!

• Subject Compilations of State Laws

• National Survey of State Laws

• Martindale-Hubbell Law Digest

• Uniform Laws Annotated

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Updating

• Check the pocket part!

• Check the supplement!

• Read the coverage dates – for paper AND online sources!

• Do not assume online sources are more current than print!

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LEGISLATIVE HISTORY MATERIALS

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Precompiled Federal Legislative Histories• United States Code Congressional and

Administrative News (USCCAN), 1948-present. Selected Documents

• Congressional Universe's Legislative Histories, 1970-present.

• Federal Legislative Histories: An Annotated Bibliography and Index to Officially Published Sources

• Sources of Compiled Legislative Histories : A Bibliography of Government Documents, Periodical Articles, and Books, 1st Congress-94th Congress

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H.R. does not mean house report! It's a bill!• H.R. = House of Representatives bill.

– For example, H.R. 1157, 107th Congress is a bill.

• H.R. Rep. = House of Representatives report.

– For example, H.R. Rep. No. 107-95 is a committee report on a bill.

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Washington Legislative Histories• Read the chapter in the Washington

Legal Researcher’s Deskbook 3d

• See the pathfinder of Washington Legislative Histories: http://lib.law.washington.edu/ref/washleghis.html

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Congressional Record• Two editions

– Daily edition (softbound, white paper cover) - Fast.

– Permanent edition (hardbound, maroon cover) - Slow.

– There is no correlation between the page numbers in editions! Congress may alter text.

• If you have a cite to the daily and need the permanent, use the indexes or the Daily Digest to find a date. Then skim!

– The permanent edition is the citation required by the The Bluebook.

– All online versions of the Congressional Record are the daily edition. There is no online version of the permanent edition.

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CASELAW RESEARCH TIPS

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Starting with a single case

• Use the West key numbers.

• Use KeyCite or Shepards to expand your research to other cases, other jurisdictions, and to find secondary sources.

• Check ALR’s table of cases.

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Stuck on case research?

• Try finding the major cases cited in your best case.

• Keycite or Shepardize those earlier cases to find cases that might be related.

• Go back to a secondary source.

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Resist the temptation to copy every case you find.

• Save time and money by pulling those cases off the shelf, reading them, and copying only the most relevant.

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Some reporters have strange acronyms:

• BR = Bankruptcy Reporter

• FRD = Federal Rules Decisions

• When in doubt, check Bieber’s or the Bluebook.

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Update your case citations online!

• To get more up-to-date results in less time, use KeyCite or Shepard’s online.

• Just before you hand in the project, update again to make sure nothing has changed.

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Administrative Decisions on the Internet

• Federal: http://www.law.virginia.edu/admindec

• Washington: http://lib.law.washington.edu/research/research.html#rules

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MISCELLANEOUS LEGAL DOCUMENTS

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Jury Instructions• Federal Jury Practice and Instructions. Available on

Westlaw: FED-JI• Manual of Model Civil Jury Instructions for the Ninth

Circuit, http://www.ce9.uscourts.gov/web/sdocuments.nsf/civ.

• Manual of Model Criminal Jury Instructions for the Ninth Circuit, http://www.ce9.uscourts.gov/web/sdocuments.nsf/crim.

• Washington Pattern Jury Instructions: Civil (in Washington Practice vols. 6 & 6A). Available on Westlaw: WA-WPI

• Washington Pattern Jury Instructions: Criminal (in Washington Practice vols. 11 & 11A). Available on Westlaw: WA-WPIC

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Jury Verdicts• Northwest Personal Injury Litigation

Reports• What's It Worth• LexisNexis and Westlaw databases• Use a guide: Jury Verdicts,

Settlements, Judgments, and Liens, http://lib.law.washington.edu/ref/verdicts.html

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Washington State Court Rules• RPC = Rules of Professional Conduct• ER = Rules of Evidence• RAP = Rules of Appellate Procedure• CR = Superior Court Civil Rules• CrR = Superior Court Criminal Rules• CRLJ = Civil Rules for Courts of Limited Jurisdiction• CrRLJ = Criminal Rules for Courts of Limited

Jurisdition• Find the text in Washington Court Rules – State, on

LexisNexis or Westlaw, or at http://www.courts.wa.gov/rules/home.cfm.

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Annotated Court Rules

• Washington Court Rules Annotated• Washington Rules of Court

Annotated• Annotated criminal rules are printed

as an appendix to Title 10 of the RCWA.

• Various volumes of Washington Practice

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Local Court Rules• Local Rules of the Superior Court,

Washington State• Rules of the District and Municipal

Courts in Washington• Washington Court Rules – Local

Rules• http://www.courts.wa.gov/rules/

home.cfm

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Washington State Bar Association Ethics Opinions• Formal opinions are issued by the Rules of Professional

Conduct Committee.

– Published in the Washington State Bar News

– Reprinted in the WSBA's Resources

– On the WSBA website, http://www.wsba.org/lasd/ethics.htm

• Informal opinions

– Unofficial

– Selectively published in Resources and on the WSBA website

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Washington State Child Support Schedule and Worksheets• http://www.courts.wa.gov/forms/list.cfm.• Printed as an appendix to RCWA 26.19.

Not printed in the RCW!• Domestic Relations Forms. Not in the

Washington Family Law Deskbook!• Make sure you use the most current

version.

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Judicial Biographies

• Washington Judges Book covers State appellate courts and some lower courts.

• http://www.courts.wa.gov/courts/ for Supreme Court and Court of Appeals.

• Washington State voters pamphlets• Almanac of the Federal Judiciary• Judges of the United States Courts:

http://air.fjc.gov/history/judges_frm.html

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Washington State maximum allowable interest rate

• Printed inside the cover of each issue of the Washington State Register.

• http://slc.leg.wa.gov/wsr/register.htm

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FINAL GENERAL TIPS

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When confronted with a new source (such as a tax or labor looseleaf), look for the introductory pages, section, or chapter that explains "how to use this book/service/index."

• Note the copyright date of the volume and supplementation to make sure it is current.

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When using a looseleaf service, note the difference between page numbers (typically at the top) and paragraph numbers (typically at the bottom).

• Looseleaf service indexes often refer to the paragraph number.

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Citation Formatting

• The Bluebook: (More than) A Uniform System of Citation.

– Section T (the blue pages) lists the reporters, statutes, and administrative compilations for all the states, plus a number of foreign jurisdictions.

• Washington Courts Style Sheet, http://www.courts.wa.gov/courts/supreme/reporter/style.cfm.

– Additions and exceptions to The Bluebook.

• Search fulltext law review articles to find proper citation formats when The Bluebook fails you. Beware: This can be an expensive way to go!

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Keep a paper trail• Keep print copies of searches you

ran.• If you find something on the Internet,

always print out or download a copy for your file.

• Log sources you have already checked to avoid going back to them for the same thing.

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To get a specific document at the best price, use the CALR Get/Find feature instead of searching.

• Use the smallest database that has your resource

• Smaller databases are cheaper.

• Smaller databases will not give you as many irrelevant hits.

• Smaller sets of search results save your time.

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When do you stop researching?

• When certain cases and statutes begin to recur, it is a good indication that you have found what there is to find.

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OVERARCHING THEMES (AGAIN)• Update• Why do the work when someone else has

already done it?• Check Seattle U and UW law library

websites.• Check the Washington Legal Researcher’s

Deskbook 3d.• Use help services, including librarians and

vendor toll-free numbers.