Category Archives: Case Law

Legal Research Finally Demystified.

26 Sunday Apr 2020

Posted by in Case Law, Court Rules, Federal Law, Internet, Law Journals, Law Reviews, Legal Encyclopedia, Legislative History, Mandatory Law, Primary Law, Regulations, Research, Secondary Resources, State Law, Statutes

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Legal Research Demystified, by Eric Voight, Professor of Legal Research and Writing, Faulkner University

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3354594 (table of contents and a sample chapter)

I have a new favorite legal research textbook and reference guide for law and paralegal students — Legal Research Demystified.  In my opinion, it offers a fresh approach to finding and understanding the law. It guides a student in a logical process to research common law and statutory issues. It minimizes the chances that students will miss an important step or forget a necessary tool, such as the digest system or a citator.    

I like the way this book uses hypotheticals and visual aids, including screen captures from online databases, checklists, and charts. It does what a book on legal research should do – it shows and tells you how to do legal research rather than discussing finding research tools in a vacuum.

Everyone learns in a different way, but I think the opportunity to practice what you have learned is one of the strongest ways to teach. I was impressed to see that both students and professors have access to online exercises for each chapter using Core Knowledge for Lawyers (https://coreknowledgeforlawyers.com).

Each self-guided exercise walks students through the steps identified in the textbook and teaches them to research on Westlaw and Lexis Advance, again using visual aids, tips, and hypotheticals. As students electronically answer each question, Core Knowledge instantly provides feedback and an explanation of the right anwer.  It is my understanding that additional exercises should be available May 2020. -CCE

 

 

Historical Supreme Court Cases Now Free Online.

27 Tuesday Mar 2018

Posted by in Appellate Law, Case Law, Federal Law, Library of Congress, Research, United States Supreme Court

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Historical Supreme Court cases now online thanks to Library of Congress (and Hein & Co.), by Joe Hodnicki, Law Librarian Blog

https://bit.ly/2GeSxLG

According to the press release, ‘More than 225 years of Supreme Court decisions acquired by the Library of Congress are now publicly available online – free to access in a page image format for the first time. The Library has made available more than 35,000 cases that were published in the printed bound editions of United States Reports. … The digital versions of the U.S. Reports in the new collection were acquired by the Law Library of Congress through a purchase agreement with William S. Hein & Co. Inc. The acquisition is part of the Law Library’s transition to a digital future and in support of its efforts to make historical U.S. public domain legal materials freely and easily available to Congress and the world.’ You can access the collection here.”

Thomson Reuters Says Westlaw Has A “Glitch.” A Glitch?

16 Saturday Apr 2016

Posted by in Case Law, Research, Westlaw

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Thomson Reuters Says Glitch Left Out Text from 600 Cases Since 2014, by Robert Ambrogi, Law Sites

http://www.lawsitesblog.com/2016/04/thomson-reuters-says-left-text-600-cases-since-2014.html

Subscribers to Thomson Reuters Westlaw and hard-copy reporter volumes got a surprise last night: An email informing them that TR had erroneously omitted small portions of text from some 600 cases published since November 2014. . . .

The email said that none of the omissions ‘resulted in any change to the meaning of the law.’

Continue reading →

Research Honey Pot at Chickasaw Nation Law Library.

03 Thursday Sep 2015

Posted by in Case Law, Court Rules, Federal Law, Internet, Law Libraries, Legal Databases, Legal Directory, References, Research

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Practice Resources: Getting Started, Chickasaw Nation Law Library, Oklahoma City School of Law

http://libguides.okcu.edu/c.php?g=225279

Research Guides, Forms, State Law, Federal Law, Court Rules, State and Federal Jury Instructions, Oklahoma Court Rules, State and Federal Jury Verdicts, Computer Assisted Legal Research – well, I think you get the idea. This is only a taste of the goodies at this website. -CCE

Beginner’s Research Guide to Lemon Laws and Consumer Protection Law.

10 Friday Apr 2015

Posted by in Case Law, Consumer Law, Federal Law, Internet, Legal Directories, Lemon Laws, Library of Congress, Mandatory Law, Primary Law, Research, State Law, Statutes, Westlaw

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Lemon Laws: A Beginner’s Guide, Barbara Bavis and Robert Brammer, In Custodia Legis, Law Librarians of Congress

http://blogs.loc.gov/law/2015/04/lemon-laws-a-beginners-guide/?loclr=eaiclb

You are really getting two for one (and more) with this post. Please note the hyperlink to consumer protection law in the first sentence. Both posts provide guides on how to research both subjects. Click on “Legal Research” to the left once you are at the website, and you will find the link to all posts at this website on how to research other laws. -CCE

In response to our last post on consumer protection law, we determined there was additional interest in ‘lemon laws.’  Lemon laws are defined by Black’s Law Dictionary as statutes ‘designed to protect a consumer who buys a substandard automobile, usu[ally] by requiring the manufacturer or dealer either to replace the vehicle or to refund the full purchase price.’ So, if you find that the new car of your dreams is actually a waking nightmare, you can use this guide to determine what recourse you might have. Lemon laws vary by state, but this guide should help get you started with your research. . . .

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A Legal Analysis of Shaken Baby Syndrome.

04 Wednesday Mar 2015

Posted by in Case Law, Evidence, Expert Witnesses, Health Law, Law Journals, Law Reviews, References, Research, Secondary Resources

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Shaken Baby Syndrome: A Differential Diagnosis of Justice, by Ken Strutin, LLRX.com

http://www.llrx.com/features/shakenbabysyndrome.htm

When King Solomon resolved history’s best-known custody dispute, he implicitly divined that the death of the absent child was due to accidental infanticide, not intentional homicide.1 And his method was an early testament to truth finding. Today, the investigation of infantile death is too often accompanied by hurried accusations and false confessions.2 And the search for truth is left to lawyers and experts who have become as adversarial as the testificants in Solomon’s court. The concept of Shaken Baby Syndrome (SBS)3 has become a battleground where medical evidence and legal presumptions clash, testing the limits of judicial wisdom.4

The investigation and prosecution of SBS cases5 has revealed an historical and ongoing tension among medical experts6 and legal practitioners and scholars.7 From the Supreme Court on down, judges in these cases have had to struggle with complex emotions, societal impulses, conflicting witness and expert testimonies, as well as ineffectiveness of defense counsel, need for appointed experts, admissibility under Frye-Daubert, and assessment of newly discovered evidence.8 Thus, legal investigation into the reasons behind infant deaths has turned into a medical “who done it” with the suspects ranging from accident and natural causes to the criminal conduct of parents and caretakers.9

This is a collection of recent and select court decisions, law reviews and news articles that explore the ongoing scientific and legal arguments about the definition and exclusivity of shaken baby syndrome evidence. . . .

Continue reading →

Law Guru – Free Internet Legal Research.

25 Sunday May 2014

Posted by in Case Law, Federal Law, Internet, Law Libraries, Legal Dictionaries, Legal Directories, Legal Directory, Mandatory Law, Primary Law, References, Research, State Law, Statutes

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Law Guru

http://www.lawguru.com/research.html

Another free Internet legal research tool. Law Guru have over 535 search engines. You can search state and federal case law, statutes and codes, and more.

It has some other nice features, too. It has a database of over 500,000 legal questions and answers. I know that sounds tempting and it may point you in the right direction. But if you are not an experienced legal researcher, please do not rely on these answers as you sole source of legal information. These questions and answers are generic – the facts of your situation may mean that the answer you get here is not the right one for your problem.

Law Guru also has a legal dictionary, links to legal articles, the Internet Law Library, and legal forms (there is a charge for these forms). -CCE

The Public Library of Law.

25 Sunday May 2014

Posted by in Case Law, Constitutions, Court Rules, FastCase, Internet, Law Libraries, Mandatory Law, Primary Law, References, Regulations, Research, State Law, Statutes

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The Public Library of Law

http://www.plol.org/Pages/Search.aspx

The Public Library of Law is free. Actually, it’s one of the largest free law libraries on the Internet. It gives you access to case law from the U.S. Supreme Court, all U.S. Circuit Courts, case law for all states (from 1997 to date), the United States Federal Code (federal statutes), states for all 50 states, regulations, court rules, state and federal constitution, and more.

One of the more interesting things about PLoL is that it provides free links to paid content on Fastcase®. If you are not familiar with Fastcase®, check it out at http://www.fastcase.com. If you need help learning how to use it, you will find free tutorials at http://www.fastcase.com/support/. -CCE

Basics of Legal Research – And More.

02 Friday May 2014

Posted by in Case Law, Federal Law, Law Libraries, Legal Encyclopedia, Mandatory Law, Primary Law, Regulations, Research, State Law, Statutes

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Basics of Legal Research, Cornell University Law Library

http://www.lawschool.cornell.edu/library/whatwedo/researchguides/basics.cfm

If you are not familiar with the Cornell Law Library and the Cornell Legal Information Institute, you are missing a fantastic, free legal research honey pot.  This link will take you to Cornell’s basic legal research guide. If you know nothing about legal research, this is a great introduction. If your legal research is rusty, this is an excellent refresher.

But we are just getting started. The Legal Information Institute (LLI) (http://www.law.cornell.edu/) is one of the top online law libraries – and it’s free. Even though it’s free, I encourage you to make a donation. To understand why, please go to http://www.law.cornell.edu/lii/about-lii. There is no question that you definitely get a big bang for your buck. -CCE

Legal Research Tutorials.

05 Saturday Apr 2014

Posted by in Administrative Law, Case Law, Legal Directories, Legal Encyclopedia, Legislation, Legislative History, Mandatory Law, Primary Law, Regulations, Research, Secondary Resources, State Law, Statutes

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Legal Research and Writing Tutorials, Georgetown Law Library

http://www.law.georgetown.edu/library/research/tutorials/lrw.cfm

This link will lead you to these tutorials. -CCE

  • Administrative Law Research Tutorial
  • Bloomberg Law Tutorials
  • Case Law Research Tutorial
  • Legislative History Research Tutorial
  • Secondary Sources Tutorial
  • Statutory Research Tutorial

E-Discovery Federal Rule Amendments and More.

06 Thursday Mar 2014

Posted by in Bankruptcy Law, Case Law, Court Rules, Discovery, E-Discovery, Federal District Court Rules, Federal Law, Litigation, Mandatory Law, Metadata, Preservation, Primary Law, Regulations, Research, Sanctions, State Law, Statutes, Technology, The Sedona Conference, Trial Tips and Techniques

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Category Archives: FEDERAL RULES AMENDMENTS, by Electronic Discovery, K&L Gates

http://www.ediscoverylaw.com/articles/federal-rules-amendments/

 Notice and analysis of electronic discovery federal rule amendments. You can count on this website to be updated promptly and the information and analysis is accurate. Free subscription by RSS feed.

While you are there, it is worth your time to browse the variety of information published by K&L Gates. They are experts on e-discovery. You will find, among other things:

Just poke around. I do not think you will be disappointed. -CCE

Updated Foreign Law Research Primer.

02 Sunday Mar 2014

Posted by in Australia, Brazil, Case Law, China, Citations, Egypt, Eritrea, France, Hong Kong, India, International Law, International Law, Israel, Law Journals, Law Libraries, Lebanon, Legal Directories, Legal Encyclopedia, Mandatory Law, Primary Law, References, Regulations, Research, Russia, Sweden, United Kingdom

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Foreign and International Legal Research Guides – Pic of the Week, by Donna Sokol, In Custodia Legis: Law Librarians of Congress

http://tinyurl.com/opqzrpr

Don’t let the title “Pic of the Week” fool you. This is an updated legal research guide for fourteen foreign jurisdictions:  Australia; Brazil; United Kingdom; China; Egypt; Eritrea; France; Hong Kong; India; Israel; Japan; Lebanon; Russia; and Sweden.  It links to these countries’ reference sources, compilations, citations guides, periodicals (indexes and databases), dictionaries, web resources, free public web sites, subscription-based services, subject-specific web sites, and country overviews. -CCE

Good Advice On How to Avoid Embarrassing Mistakes In An Appeal.

16 Sunday Feb 2014

Posted by in 5th Circuit Court of Appeals, Appellate Law, Bad Legal Writing, Brief Writing, Case Law, Citations, Citations to the Record, Legal Analysis, Legal Writing, Mandatory Law, Primary Law, Proofreading, Research, Statement of Facts, Texas Supreme Court

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Common Mistakes Seen in Appellate Petitions and Briefs, by Chad M. Ruback, Appellate Lawyer

http://news.appeal.pro/appeals-to-texas-supreme-court/appellate-petitions-and-briefs/

Mr. Ruback served as a briefing attorney to the Fort Worth Court of Appeals. Here he shares the common mistakes that are normally seen in appellate writing. Because an appellate court never questions witnesses or hears evidence, the written documents submitted by the parties are all it has upon which to base its ruling. Sloppy and lengthy garbled arguments simply will not do. Mr. Ruback’s comments are worth noting.

I would like to add to Mr. Ruback’s list – neglecting to verify the accuracy of the appellate record while it remains in the jurisdiction of the trial court. It is a simple exercise to compare the record compiled by the trial court clerk using the Designation of Record and Counter-Designation of Record to make sure that the record is accurate.

This may seem a waste of time until the appellate record includes a deposition that was never admitted into evidence or a crucial piece of evidence is overlooked by the court clerk who assembled record for the appeal. No one is perfect; mistakes can happen.

Too often, counsel ignore this simple step. Personally, I would make sure the person you send to check the record put the trial exhibits together and/or was part of the trial team. Or to put it another way – how do you explain to a client that you couldl have avoided the appeal’s fatal flaw if you had checked the record before it was sent up on appeal? -CCE

Looking For An Excellent Legal Research Source?

09 Sunday Feb 2014

Posted by in Case Law, Federal Law, Legal Encyclopedia, LexisNexis, Regulations, Research, State Law, Statutes

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Zimmerman’s Research Guide – An Online Encyclopedia for Legal Researchers, by Andrew Zimmerman, LexisNexis®.

http://law.lexisnexis.com/infopro/zimmermans/default.aspx

If you have not already discovered Mr. Zimmerman’s Research Guide, please give yourself a treat. Mr. Zimmerman is a skilled and experienced research expert. He has been collecting and publishing research links and tips for many years.

If this is not already one of your Favorites, it should be. -CCE

Heads’ Up! A Summary of the New Oklahoma Supreme Court Rule.

19 Thursday Dec 2013

Posted by in Appellate Law, Case Law, Citations, Court Rules, Legal Writing, Oklahoma Civil Appellate Procedure, Oklahoma Supreme Court, Research

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IN RE OFFICIAL PUBLICATION OF DECISIONS, SCAD-2013-63, 2013 OK 109, Decided 12/16/2013

http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=472452

There is a new official publisher of court opinions in town, and it’s not West Publishing.

On January 1, 2014, Rule 1.200 in Title 12 goes into effect. All Oklahoma practitioners should take note of this new rule affecting appellate procedure and citation format.

The Oklahoma Supreme Court becomes the “official” publisher of the Oklahoma Supreme Court and the Oklahoma Court of Civil Appeals. Whenever either the Supreme Court or the Court of Civil Appeals files an opinion with the Court Clerk, the opinion is published that same day on the home page of OSCN, the Oklahoma Supreme Court Network (http://www.oscn.net).

West Publishing Company, which had been the “official” publisher since January 2, 1954, will remain an “unofficial publisher,” along with the Oklahoma Bar Journal and other publications. Regardless, a parallel citation to the Pacific Reporter, a West publication, is still required by this rule.

If you practice in Oklahoma, you may recall when the Supreme Court started using its public domain citation form in 1997. This is now the required citation format – with some new tweaks.  Among the new requirements are citations to the opinion’s paragraph for spot citations.

The Court also addresses how it will publish Memorandum Opinions and Unpublished Opinions. For the first time, a party or individual who believes an unpublished opinion of the Supreme Court or Court of Appeals has “substantial precedential value” may ask the Court to publish that opinion. Opinions designated for publication only in the Oklahoma Bar Journal (“For Publication in O.B.J”) may not be cited as precedent.

The Rule provides examples of the new variations of the required changes in citation format. The examples are logical, and easy to understand. If you wish to make a positive impression with either Court, I would follow these changes precisely. -CCE

Judge Scheindlin and the Second Circuit to date.

12 Tuesday Nov 2013

Posted by in 2nd Circuit Court of Appeals, Case Law, Court Rules, Federal District Court Rules, Judges, Recent Links and Articles, Research, Statutes, Trial Tips and Techniques

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I have been following the updates about Judge Scheindlin on Judge Kopf’s blog, Hercules and the umpire. If you recall, this series began with Judge Scheindlin’s ruling on the current stop-and-frisk law in her jurisdiction, and her subsequent, hasty, and unprecedented (to my knowledge) removal by the Second Circuit of the Court of Appeals.  All related posts are below, and start with the first post by Judge Kopf. The Comments are equally interesting. CCE

What do you think about the Second Circuit’s removal of Judge Shira Scheindlin? – http://bit.ly/1cyvhiH (Posted here on November 2, 2013)

 A Cheat Shot – http://herculesandtheumpire.com/2013/11/03/a-cheap-shot/

More on “relatedness,” Judge Scheindlin and the Second Circuit — http://bit.ly/1cTmax4

In answer to Scott H. Greenfield regarding the Second Circuit’s treatment of Judge Scheindlin — http://bit.ly/17EEqZ9

“Do not go gentle into that good night . . . ” Dylan Thomas and Judge Scheindlin – http://bit.ly/1a39Re3

The filing by counsel for Judge Scheindlin — http://bit.ly/1c1GXcL

Kopf’s questions about the continuing but utterly depressing cage match at the Second Circuit? — http://bit.ly/1blVy2F

End it quickly – http://herculesandtheumpire.com/2013/11/11/end-it-quickly/ (Posted here on November 12, 2013)

A must read essay on Judge Scheindlin and the Second Circuit — http://bit.ly/19XlseL  (Posted here on November 12, 2013)

Judge Scheindlin was wrong to enter the fray at the Second Circuit — http://bit.ly/1eJ21tw

An Excellent and Persuasive Legal Writing Tool – Parentheticals

09 Saturday Nov 2013

Posted by in Brief Writing, Case Law, Citations, Legal Writing, Trial Tips and Techniques

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For lovers of parentheticals, two articles, by Raymond Ward, the (new) legal writer

http://bit.ly/1a8Hudm

What do you think about the Second Circuit’s removal of Judge Shira Scheindlin?

02 Saturday Nov 2013

Posted by in 2nd Circuit Court of Appeals, Appellate Law, Case Law, Court Rules, Federal District Court Rules, Federal Law, Legal Ethics, Recent Links and Articles, Research, Trial Tips and Techniques

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As always, Judge Kopf asks an interesting question. CCE

Hercules and the umpire.

Judge Scheindlin is a New York federal trial judge who has taken senior status.* She was handling high profile cases involving New York’s “stop and frisk” practices. She issued an opinion providing remedial relief and an injunction to the folks who were challenging the police department’s practices, and up the case went to the Second Circuit. On Thursday, without ruling on the merits of the appeal, and acting on its own without a request from the appellants, the Second Circuit removed Scheindlin.  The Court stated that the trial judge had violated the Code of Conduct and failed in her responsibility to uphold the appearance of impartiality (1) because of her statements to the parties regarding “related” cases and (2) because of interviews she gave to the media. The Second Circuit’s short opinion is here. Liberal legal commentators exploded in outrage. See, for example, here and here. The…

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Some of the Best, Free Legal Research Guides on the Internet – no, Wikipedia does not count.

23 Wednesday Oct 2013

Posted by in Case Law, Federal Law, Law Journals, Law Libraries, Law Reviews, Legal Directories, Research, State Law, Statutes

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Even when you or your firm have access to Westlaw or Lexis, you may still want or need access to free resources to do your legal research. 

Most, if not all, states provide a free website for state law (e.g., statutes, case law, state constitution, attorney general opinions, etc.). Perhaps the easiest route is to go to that state’s official government website. The state court’s websites use their own search engines – do not expect each to work the same as the others.

Here is another resource that will also lead you to state law: 50 States (http://www.50states.com/). (Click on the state, and scroll down to “Courts” and click on “Judicial System.” 

Below is a selection of websites that provide comprehensive links to state, federal and, in some instances, international law. 

Competitive Intelligence – A Selective Resource Guide – Completely Updated – September 2013, by Sabrina I. Pacifici, LLRX.com  http://www.llrx.com/features/ciguide.htm

How to Use Google Scholar for Legal Research, LawyerTechReview.com 
http://lawyertechreview.com/2011/how-to-use-google-scholar-for-legal-research/

Google Scholar – Guide Review of Google Scholar as a Legal Research Tool, by William Pfeiffer, About.com Law Practice Management
http://abt.cm/aZHa4s

HG.org – Legal Resources – http://www.hg.org/

Cornell University Law School – Legal Information Institute (LII) 
http://www.law.cornell.edu/

Duke Law – Legal Databases & Links –  http://law.duke.edu/lib/lresources

The Public Library of Law – http://www.plol.org/Pages/Search.aspx

George Mason University School of Law – Free Legal Research Sites 
http://www.law.gmu.edu/library/research

Washburn University School of Law
Washlaw – Legal Links and Directories  
http://www.washlaw.edu/directories/index.html

Georgetown Law Library – Free and Low Cost Legal Research Guide –
http://www.law.georgetown.edu/library/research/guides/freelowcost.cfm