legal research 4 - case and digest.pdf

8/10/2019 Legal Research 4 - Case and Digest.pdf

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Legal Research 4

Cases and Digests


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Homework: Issues? Is a provision which requires marriage as a

condition of inheritance valid Colorado?

If a man and a woman who have livedtogether for ten years, will either partyneed to go through the divorce proceedingunder the common-law-marriage in order to

marry a third party?

Can a trial judge keep spectators fromwearing clothing that may influence the jury?


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Can a toy manufacturer be held liablefor injuries caused by the use of the toy

by the children who are under the agefor which the toy was designed?

Does the statute of limitations begin

when the injury is sustained ordiscovered?


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Sources of Legal Obligation toPublish Court Opinions: court rules &

case law U.S. Ct. of App. 5th Cir. Rule 47

Ohio Revised Code, Supreme Court Rule2


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What Kind of Court Opinions Should

be published?1. establishes a new rule of law, or alters or modifies an

existing rule of law, or applies an established rule toa novel fact situation;

2. creates or resolves a conflict or authority eitherwithin the circuit or between this circuit and another;3. discusses a legal or factual issue of continuing public

interest;4. is accompanied by a concurring or dissenting opinion;

5. addresses a lower court or administrative agencydecision that has been published; or,

6. is a decision that has been reviewed by the UnitedStates Supreme Court.


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Where are court documents?Appellate Courts (High &

Intermediate)

Printed Reporters: Opinions, Orders Databases: Westlaw, Lexis, LoisLaw

Court Web Sites: Opinions, Orders

Trial Courts Court Clerks case files: Petitions, Answers,

Subpoenas, Motion, Orders, Briefs,Discovery materials, verdict forms, jury

instructions, notices, exhibits, etc


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Early Publishers Governments (Non-commercial)

Commercial

John West West publishing

Office Supply Salesman

Observed growing concern of attorneys unable

to read exploring case volume Began syllabi of Minnesota case law

National Reporter System (1887 present)

Commercial publishers quickly eclipsedgovernmental - speedier


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Official and Unofficial Official Reporter = Published or

Recognized as a result of statute

First ones nationally for the StateswereMA, NY and KY in early 1800s

Unofficial Reporter = Published byCommercial or Nonprofit entity, not as aresult of an enacted law

Not all jurisdictions have or had officialreporters


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And the Winner is. West Publishing: The 800 lb Gorilla

Westlaw

Treatises / Hornbooks / Nutshells

Encyclopedias

Casebooks

Opinions

Statutes


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Types of West Case Reporters Jurisdictional

Federal (e.g. Supreme Court Reporter)

State-based (e.g. Missouri Cases) Topical

E.g. Bankruptcy Reporter

E.g. Federal Rules Decision Regional

7 Geographic Regions

Unique to West


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Wests Case Reporters

Wests Case Reporters


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Case Publication Cycle - Print Slip Opinion

Single Opinion issuedin Pamphlet Form

Typically Official

Advance Sheet Collection of

Opinions (Pre-binding)

ConsistentNumbering system

Bound Reporter in

Print Series


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Structure of

a Case Elements of Case

Publishers

Summary

Party Names

Court

Disposition

Date of Decision


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U.S.

v. Parmlee

Headnote Number

Headnote

Key NumberTopic Name


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Westlaw: Headnote contents

in the text


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LexisNexis Cases Editorial

Enhancements Case Summary (Written by Editors)

Procedural Posture: tells you how the case came before the court

Overview: sets out the material facts, issues, any controllingcitation, and the resolution and rationale of the case

Outcome: how the court ruled in the case

Core Terms

Headnotes (quotes from the case) Consise statements indentifying the key legal issues addressed by

the court

Selected by LexisNexis editors Even though use the courts language, still do not cite to the

headnote.


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Federal Court System

U.S. Supreme Court

U.S. Court of Appeals

12 Circuits

U.S. Court of Appeals

for the Federal Circuit

U.S. Court of

Military Appeals

94 DistrictCourts

including 3territorial

courts (Guam,Northern

Mariana, VirginIslands)

U.S.Tax

Court

U.S.Court

ofInternational

Trade

U.S.

ClaimsCourt

U.S.Court

OfVeteransAppeals

Army,Navy,

Marines,Air Force

CoastGuard

Courts ofMilitaryReview


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13 Fed. Judicial Circuits


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Supreme Court Opinions:

Where are they? Official Reporter

U.S. Reports

Commercial Reporters (Print and Digital)

Supreme Court Reports (WEST)

Lawyers Edition (LEXIS)

Digital Online

Web Multiple Sources


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Unofficial Reporters Federal:

West Publishing Federal Level

Supreme Court

Supreme CourtReporter (West)

Began in 1882 (Vol106 of U.S. Reports

forward)


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West Reporters - Federal Federal Lower

Appellate Courts

Federal Reporter Three Series: 1st v.1-300

(1880-1924), 2d. V.1-999(1925-1987), 3rd v.1-530(1988-2008)

Includes opinions from all13 Federal Circuit Courts

Trial Courts

Federal Supplement


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Official Reporters - States States

1804Massachusetts, New

York and Kentuckypassed lawsauthorizingpublication of OfficialCase Reporter

Commercialpublisher (WestPublishing)designated official

in some states


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Regional Reporter System

State AppellateCase Law ONLY

7 Regions Each Region has

Reporter

Most Reportersin 2nd or 3rd

series

Wests Regional Reporter System


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West Reporters State Cases Regional Reporters

Collections of stateappellate cases from

a region Chronologically

printed and compiled

Individual State

Reporters West extrapolates

out cases from aparticular state in

separate publication


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Review

United States Reports(Official)

Supreme Court Reporter(West)


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Review


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Review Federal Trial

(District) Courts


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Review:State

Court Opinions


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Finding a Case: Digests

What is a Digest?

Containing Headnote

summaries from West CaseReporters

Organized Alphabetically bySubject in an Outline form

A Multi-Volume series


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U.S.

v. Parmlee


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Wests American DigestSystem

Types of Digests

Decennial

General Federal

Regional (e.g. Northeastern)

State (e.g. Missouri Digest) Subject (e.g. Bankruptcy Digest)

Digests for all West Reporters


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Scope of Digests: Decennial

10 years of Headnotes from allWest Case Reporters, Federaland State First Decennial 1897-1906

Second Decennial 1907-1916Third Decennial 1916-1926Fourth Decennial 1926-1936Fifth Decennial 1936-1946Sixth Decennial 1946-1956Seventh Decennial 1956-1966Eighth Decennia 1966-1976

Ninth Decennial, pt. 1 1976-1981Ninth Decennial, pt. 2 1981-1986Tenth Decennial, pt. 1 1986-1991

Tenth Decennial, pt. 2 1991-1996


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Scope of Digests: General

Compilation of Headnotes fromall West Reporters since lastDecennial (Federal and State)

Published Irregularly

Cumulates in and Superceded bynew Decennial Digest

Each volume includes Topics/Key

Numbers from A-Z


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Scope of Digests: Federal

Supreme Court Digest

Federal Digest (-1938)

Modern Federal Practice Digest(1939-1961)

Federal Practice Digest 2d(1962-1974)

Federal Practice Digest 3d(1975-1983)

Federal Practice Digest 4th

(1983-Present)

S f Di t R i l


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Scope of Digests: Regional(State Court Cases)

Correspond to a RegionalReporter

Pacific Reporter> Pacific Digest Four Regional Digests now

current

Atlantic

North Western

South Eastern

Pacific


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Scope of Digests: State

Digest for every state exceptDelaware, Nevada and Utah

Many in 2nd

series Starting point of Coverage will

vary with State


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Features of all West Digests Topic-based Organization

Scope Note describing Topic

Analysis and Topic Outline Table of Cases

Descriptive Word Index

Defendant-Plaintiff Table Supplementation for Currency

Words & Phrases


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How do I find a Case on my

issue using a West Digest? Descriptive Word Index or Words &

Phrases Index

Identify key legal or factual termsAnalysis or Topic Review

Identify areas of law involved, review list ofWest topics and choose appropriate

subtopics therein

One good case method Locate case in Table of Cases

Determine matching Topic/Key Number


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Wests Outline of American

Law 450 General Topics organized under

Seven Categories

Persons Property

Contracts

Torts

Crimes

Remedies

Government


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Key Number System:Topic

Analysis Topics, from Abandoned and Lost Property to

Zoning and Planning, are arrangedalphabetically in digest sets.

Abandoned and Lost PropertyAbatement and Revival

Abduction ...Woods and Forests

Workers Compensation

Zoning and Planning


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Each topic is subdivided into manysubtopics, which represent specific

points of law. Each point of law isassigned a Key Number

There are over 400 legal topicsand over 95,000 Key Numbers

assigned to sub-topics

Key Number System:

Topic Analysis


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III. IMMIGRATION, 39-59.

Key Number System:Topic Analysis

Key Number System:


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ALIENS

III. IMMIGRATION.

55. Offenses against immigration laws.56. Unlawful entry, importation and

harboring.

57. Liability of vessel, owner, or

master.

Key Number System:Topic Analysis

key Number System:


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C.A. 7 (Ill.) 1994. To convict defendant for

transporting illegal aliens, Government must prove

beyond a reasonable doubt not only that defendant

knew alien being transported had entered country

in violation of immigration law, but also that defendantknowingly transported alien to further that violation.

Immigration and Nationality Act, 274(a)(1)(B), 8 U.S.C.

(1988 Ed.) 1324(a)(1)(B).

U.S. v. Parmelee, 42 F.3d 387, rehearing denied andsuggestion for rehearing denied, certiorari denied

Sobiecki v. U.S., 116 S.Ct. 63, 133 L.Ed.2d 25,

certiorari denied Brozek-Lukaszuk v. U.S.,

116 S.Ct. 63, 113 L.Ed.2d 25.

key Number System:Topic Analysis

Key Number System:


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Key Number System:Descriptive Word Index

Aliens

Descriptive Word

Index

A - E


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Key Number System:


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Key Number System:Descriptive Word Index


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Key Number System: Updating

Digest Main Volume

Digest

Pocket Parts

Digest

Interim Pamphlets

Digest Sections in Reporter

Advance Sheets


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Key Number System:Updating

Digests are updated

annually by pocket parts.

Pocket parts contain case

headnotes more current than

those in the digest main

volume.

K N b S t


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Key Number System :Updating

Digests are brought further

up-to-date by

supplementary interimpamphlets (quarterly),

published between annual

pocket parts (annually).

Interim pamphlets containheadnotes more current than

those in the main volume or

pocket part.

Key Number System:


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Key Number System:Updating For headnotes from the

most recent cases, check theadvance sheets issued after

the close of the last interim

pamphlet.

Each case reporter advance

sheet has a section entitled

Key Number Digest,

which contains the

headnotes from each caseincluded in the advance

sheet, arranged by topic and

key number.


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Update Print Digest Research Procedure1. Check the pocket part for the subject volume.2. Check any cumulative or noncumulative interim

pamphlets at the end of the digest set.3. Check the closing table on the inside front

cover of the most recent interim pamphlet.

1. If no interim pamphlet, check the closingtable on the inside front cover of the pocket

part.4. If necessary, check the mini-digests in the back

of each reporter volume published after thelatest volume listed in the closing table.


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Case Law in Digital Media

Lexis (1970s-)

Westlaw (1970s-)

Web Governmental/Educational Providers(1994 Present)

Federal Court Links: http://www.uscourts.gov

Cornell Legal Information Institute

State Court Locator

Web Low-cost Commercial Providers

Loislaw

VersusLaw
http://www.uscourts.gov/allinks.htmlhttp://vls.law.vill.edu/Locator/statecourt/http://vls.law.vill.edu/Locator/statecourt/http://www.uscourts.gov/allinks.html


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State Digests


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The Bluebook: A Uniform LegalCitation System

Quick Reference: Jackson v. Metro. Edison Co., 348 F. Supp. 954,

956-58 (M.D. Pa. 1972), affd, 483 F.3d 754 (3d

Cir. 1973), affd, 419 U.S. 345 (1974). Administrative Procedure Act 6, 5 U.S.C. 555

(1994). Deborah L. Rhode, Justice and Gender 56 (1989).

State v. Echols, 175 Wis.2d 653, 680, 499N.W.2d 631, 640 (Wis. 1993), cert. denied ,510 U.S. 899 (1993).


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Assignment 3: Cases and Digests

Hypo 1 for Section 1, Hypo 2 forSection 2

To use state or general digests to findcases you need and use the casecitations to find the cases in regionalreporters

For proper citations, use Bluebook Rule10 and Table 1.


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For Next Class: update cases

If you have a laptop with wireless cardor cable, please bring it to the next

class. Bring your Westlaw & Lexis ID Cards.

If you dont have a laptop, you have to

sit next to someone who has a laptop.

legal research 4 - case and digest.pdf

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