P. 1
Lecture 1

Lecture 1

|Views: 2|Likes:
Published by salshah88

More info:

Published by: salshah88 on Aug 24, 2010
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as RTF, PDF, TXT or read online from Scribd
See more
See less





Legal Research August 19, 2010 The Process of Legal Research 1. Analyze the Issue(s) 2.

Overview (using secondary resources) 3. Find and Read the Law (primary sources) 4. Update Print and Electronic Sources Issues - organized differently - currency (pocket parts) Westlaw and Lexis (among others) Introduction to the Legal System 4 Main Sources of Law (Primary Sources) Constitution Statutes Court Opinions (cases) Administrative Regulations Commentary or Analysis on the Law (Secondary Sources) Law review articles Treatises Encyclopedias Nutshells Restatements Types of Authority Mandatory - binding - court is obligated to follow Persuasive - non-binding - court may follow, but not required to Weight of Authority Primary Authority: sometimes mandatory, sometimes persuasive (Level of Court; Jurisdiction) How would a primary authority be persuasive? (E.g. - does not have jurisdiction over given situation - a case from KY would have

persuasive weight over a situation in OH) Secondary Authority . Persuasive authority for higher courts Court of Last Resort: Mandatory authority .Always persuasive (will not control the outcome of the issue) Level of Court (Federal and State) Trial Court: Persuasive authority Intermediate Court: Mandatory authority for courts below.

You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->