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The LA Law Library was established in 1891 The current building was opened in 1953 Overview Largest print collection in a public law library west of the Mississippi River - Seven floors - 35 miles of shelving - 1,000,000 equivalent volumes including print and digital
Print Collection Primary and secondary legal materials for all 50 states, federal and multi-state Foreign and International materials Extensive historical collection including early California and state colonial materials California and Ninth Circuit Appellate and Supreme Court briefs
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What We Do Suggest research avenues and sources for research, identify and locate citations Explain how to use legal materials Explain the law-making process Assist in finding forms Aid in the use of electronic resources including Westlaw and Lexis (online databases that contain cases, codes,and statutes for all 50 states and secondary materials), CEB OnLAW and HeinOnline Teach public classes
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Introduction to Legal Research: Types & Sources of Law April 30, 2018, 1:15 2:15 p.m. Instructor: Ryan Metheny Managing Librarian, Legal Education
At his best, man is the noblest of all animals; separated from law and justice he is the worst. - Aristotle There are 70 million books in American libraries, but the one I want to read is always out. - Tom Masson
Course Outline Learn how legal research works! The different types of law Roles of the branches of government in creating law How each type of law is published, where to find it, and how to cite it Which laws control over the others Research tips & finding tools Research exercises
Why Do Legal Research? The law shapes everything in our society: buying or selling anything, getting married or divorced, signing a lease, starting a business, driving a car, etc. (not just going to court)
Why Do Legal Research? (Cont.) When you re dealing with a legal issue, you need to know what the law is: the rights and responsibilities you and the other person have, and how they are enforced. Finding the law means finding the different types of legal authority that govern your issue.
Key Legal Terms AUTHORITY A judicial decision, statute, or rule of law that establishes a principle; precedent. (thefreedictionary.com) CITATION A reference to a legal authority, such as a case or statute. (nolo.com law dictionary) STATUTE A law passed by a legislative body; specific legislation enacted by any lawmaking body. (Black s Law Dictionary) ANNOTATION a note added (as to a statute) by way of comment or explanation often furnishing summaries of relevant court decisions. (dictionary.findlaw.com)
Types of Legal Authority PRIMARY LAW: The law itself, produced by the various branches of our government. SECONDARY LAW: Any writing that summarizes, analyzes, critiques, or comments upon the law. Generally cannot be cited as legal authority, but very useful for legal research.
Each branch of government creates different types of primary law Federal & state Constitutions give branches of government the authority to create law Legislatures create Statutes U.S. Congress / California Legislature The Judicial Branch creates Cases (precedent) Federal courts / state courts The Executive Branch creates Regulations Federal agencies / state agencies
Role of Federal & State Constitutions The U.S. Constitution, and the constitutions of each state, are the founding documents for each government in the U.S. They state how the government is organized, and how power is divided among the branches of government. They also provide for the protection of certain fundamental rights
Role of the Legislative Branch Federal and state Legislatures create statutory law by passing bills, which become laws (statutes) when signed by the executive (president or governor). Typically, a statute will provide the controlling legal authority for your legal issue. Cases, and sometimes regulations, will determine how that statute is applied.
Role of the Legislative Branch The laws passed by the Legislature are organized into state and federal codes. Usually, legal researchers use the code to find the relevant statute. Courts generally require you to cite the code, not the specific enactment of the legislature. More on codes in a minute!
Role of the Judicial Branch To hear and decide lawsuits giving redress to the injured and enforcing punishment against wrongdoers. To interpret the statutes and regulations made by the legislative and executive branches. To interpret constitutions, including determining the constitutionality of laws.
The U.S. is a Common Law Country Historically, common law was the unwritten law as an oral tradition relied on by the community. It was distinguished from the written, or statutory law. The English common law, which is based on custom and usage, arrived in America with the colonists. Common law is based on precedent. The doctrine of precedent plays an important role in how common law is applied in today s court decisions.
The Doctrine of Precedent In the early history of English law, the custom developed of considering the decisions of courts to be precedents which would serve as examples, or authorities, for decisions in later cases with similar questions of law.
Stare Decisis Another commonly used term, stare decisis, is Latin for let the decision stand. In other words, established principles of law are not easily disregarded by the courts.
Common Law in California California Civil Code 22.2: The common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the U.S., or the Constitution or laws of this State, is the rule of decision in all the courts of this State. (Also see, Probate Code 15002 and Code of Civil Procedure 1899.) As a practical matter, California courts rarely rely on English common law anymore. However, court precedent and stare decisis remain as important as ever.
Role of the Executive Branch To implement and enforce laws enacted by statute or state constitution. To produce regulations, which administer statutes. These rules state how government agencies will enforce, interpret and apply the law. To decide how regulations are enforced in specific cases (administrative decisions).
Lots of Federal Agencies!
Even More State Agencies!
Now that we know law each branch of government creates Where do we actually find the law?
Where to Find Different Types of Primary Law Most primary law is now available through online databases. But, the most reliable/useful of these databases, like Lexis and Westlaw, are expensive one reason why you need a law library! Check out upcoming classes on different databases and how to use them.
Where to Find Different Types of Primary Law, cont. You need to understand how the different types of law are published and organized in print in order to locate, understand, and cite the law properly to a court. Even though everything is online! And there are advantages to using print books for legal research more on this later.
Where Are Constitutions Published? The federal and state constitutions are fairly short documents. They are published as small pamphlets, or as parts of annotated statutory codes (more on them in a moment).
Where Are Constitutions Published? Constitutions are usually quite vague. To know how the rights contained in a constitution are actually implemented, you need to research other types of law. Statutes that implement constitutional provisions, cases that interpret constitutional rights
How Are Constitutions Organized? Most constitutions divided into articles, which are made up of sections or clauses. Articles often correspond to branches of government There are also later amendments, not part of an article, like the First Amendment.
Citations to Constitutional Provision Look Like This [abbreviation for constitution][section symbol] Cal. Const., art. VI, 10 [ article number*] [section/clause number(s)] 35
How Are Statutes Published? Initially, enacted bills (statutes) published separately as session laws The U.S. and California codes organize all current, generally applicable statutes by topic.
How Are Statutes Published? (cont.) U.S. Code is broken down into 54 titles (Title 17 = Copyrights, Title 20 = Education, etc.) California code broken down into 29 separately named titles (Penal Code, Corporations Code, etc.)
How Are Federal Codes Published? Federal codes are published by West in the U.S. Code Annotated, and Lexis in the U.S. Code Service Available in print and online through Westlaw/Lexis Updated frequently Include annotations, which are invaluable for researching what a statute means and how it is applied by courts Also a government-published U.S. Code, but not updated frequently and no annotations.
Federal Statutory Code Citations Look Like This [title number] [abbreviation of code] 42 U.S.C.A. 1981 [section symbol] [section number(s)] 39
Where Are State Codes Published? California codes are published by West in West s Annotated California Codes, and Lexis in Deering s California Codes Available in print and online through Westlaw/Lexis Updated frequently Also include annotations Only government-published California codes are those available at Cal. Legislature s website (https://leginfo.legislature.ca.gov/) no annotations.
California Statutory Code Citation [abbreviation of Cal. code] Bus. & Prof. Code, 16700 et seq. [section symbol] [section number(s)*] et seq. = and following 41
What About Court Rules? Court rules provide for the specifics of court proceedings filing deadlines, presentation of evidence, where to file, etc. Generally enacted by the courts themselves, sometimes by legislature Usually are not statutes, but have force of law
What About Court Rules? (cont.) Published with the annotated statutory codes, and as separate volumes Need to look at both general & local rules Also available on court websites (without annotations)
How Are Cases Published? Cases are published in reporters, which are bound volumes containing the text of cases, arranged in the order in which the court decided them. Even though legal researchers now usually view cases online, you still have to cite to bound volumes! 44
Reporters Are Why Case Citations Look Like This [case name] (year) [volume number] Briggs v. Eden Council (1999) 19 Cal.4th 1106 [Official reporter abbreviation] [First page number] 45
Case Reporters California Reports (California Supreme Court), abbreviated as Cal. California Appellate Reports (California Courts of Appeals), abbreviated as Cal.App. Federal reporters: United States Reports (U.S.), Federal Reporter (F.), and Federal Supplement (F.Supp.) Reporters have multiple series: California Reports now on its 4th (Cal.4th). 46
Judicial Branch Court Structure Very few make it here 3 Levels Supreme Courts Only go here when one side appeals Lawsuits start here Appellate Courts Trial Courts Precedent comes from the decisions of appellate and supreme courts.
Generally, Only Published Judicial Decisions Are Precedent Only certain judicial decisions are precedent entitled to stare decisis: All decisions of the highest court in each state and the U.S. Supreme Court are published precedent. Those appellate court decisions certified for publication are also considered precedent. When doing legal research, you usually only want to rely on published cases Be careful, because many decisions available online are not published!
Which Precedent Is Binding? In federal courts, U.S. Supreme Court is binding on everyone, but federal appellate decisions only binding in that circuit (we are in Ninth Circuit) In California, Cal. Supreme Court controls over Cal. appellate courts. But, all published appellate court cases binding upon all trial courts. However, non-binding cases can be persuasive.
State vs. Federal: Which Cases Are Authoritative? Federal precedent is authoritative as to federal law (U.S. Code or U.S. Constitution). State precedent is authoritative as to state law (state codes, state constitutions, and common law). But, binding precedent in your court s jurisdiction remains binding and must be followed (see previous slide)
How Are Regulations Published? Regulations are promulgated by agencies. A proposed regulation is published, the public has a chance to comment, and then a final rule is issued. These final rules are organized by topic into a regulatory code (like statutory code).
Where Are Regulations Published? Federal regulations are found in the Code of Federal Regulations (CFR) Annotated versions on Lexis & Westlaw California regulations are found in Barclay s California Code of Regulations Also on Lexis & Westlaw
Regulatory Code Citations (federal & Cal.) [title number] [abbreviation of reg. code] 29 CFR 1902.1 [section number] [abbreviation of reg. code*] [title number] Cal. Code Regs., tit. 14, 925.4 [section number(s)] 53
Some Notes About Regulations Not always relevant to your legal research come into play most often when dealing with a government agency like IRS, FEHA or DFEH, HUD, SSA, etc. Have force of law, but limited by authorizing statutes (and state/federal constitutions) Agency websites very useful sources for regulations and other info. about how an agency enforces the law
We ve Covered Primary Authority. Now, for Secondary Authority. Although they are not the law, secondary sources are very valuable they provide shortcuts to understanding the law
Now, for Secondary Authority (cont.) They give you: explanations of how the law works in your legal area key terms citations to, and summaries of, major primary authorities
Secondary Sources: Invaluable Very few freely available online sources are as helpful as the published secondary sources available at a law library Law libraries have secondary sources both in print, and in electronic format through our subscription databases (Westlaw, Lexis, CEBOnlaw, and more)
Using Secondary Sources What type of secondary source do I need? Need to assess your knowledge level: less knowledge = need less detailed source first Some sources meant for specific needs: Formbooks for forms/templates, practice guides for tips & checklists on going to court)
Secondary Sources: Many Types Less Detailed More Detailed Self-help legal guides Legal dictionaries Legal encyclopedias Nutshells Restatements Formbooks Practice guides Treatises
How to Find the Right Secondary Source Ask a reference librarian LA Law Library reference: (213) 785-2529 Browse library shelves: everything on a subject grouped together accessibly! Browse Lexis, Westlaw, or another publisher s database at the law library Use the library catalog, online 60
One Great Starting Place: Nolo Books Cover many different subjects Written for non-lawyers Available here in print, and full contents available on our website www.lalawlibrary.org, under Legal Research, then Legal Databases Enter your two-letter state and two-letter county abbreviations for access Can also be purchased affordably (Amazon, etc.) 61
Another Good Starting Point: Rutter Guides These are practice guides that cover many different areas More technical/detailed than Nolos Checklists, step-by-step instructions, forms, practice tips Very popular among attorneys valuable everyday reference Available in print and through law library s Westlaw account Very expensive to buy yourself, so take advantage! 62
Now That You Know All About the Law Time for some legal research tips! 63
Legal Research Tips THINK FIRST Determine the relevant facts and formulate issues UNDERSTAND THE PROBLEM (Secondary sources help with this!) Work on one issue at a time Gather together the sources you will use Take notes Make copies of relevant pages, e-mail them or save to a flash drive Develop a research plan, including outline, approaches, keywords, and issues FRAME THE ISSUE THEN RESEARCH
Get Started Finding the Applicable Law: Secondary Sources Find an appropriate source, as discussed Try the index for the book look for keywords. Use synonyms. Find citations to relevant codes and cases in the source Ask an LA Law Library Reference Librarian for assistance Browse through table of contents
Once You Have Good Start from a Secondary Source Use reliable online database like Lexis or Westlaw to do keyword searches for relevant: Statutes Cases Regulations Should be icing on the cake for your research LA Law Library classes that help with this step: Intro to Westlaw Intro to Lexis Legal Research on the Internet 66
CHECK FOR CURRENCY Use a citator to check currency of cases and codes/statutes: Shepard s on Lexis Keycite on Westlaw Cases can be overruled, statutes can be out of date need to check! LA Law Library class on Citators
PRINT vs. DIGITAL Print: Index is easily searchable, and wellorganized Develop path of key terms or concept words when using an index Easy to see structure of source (how concepts are related) through table of contents, surrounding sections Digital: Often no index must expand chapter/ sections or search Several steps to find correct chapter/ section Searches done by Natural Language or Terms and Connectors (new skill) Many results need to filter or limit
Research Exercises 1. Can my landlord include late fees in a three-day notice to pay rent or quit? 2. I can t find the person I m suing. How do I serve them by publication? 3. Do I have to ask the court for permission to file an amended complaint? 4. If I want to stop paying spousal support to my ex, what s the legal standard the judge will apply? 69
Questions? 70