Remember that research is a process. If you do not know much about a legal subject, the flow chart below is a helpful process to follow. Your research strategy will change depending on what you know, the resources to which you have access, your budget, your time, and what you discover as you research. The first step in the research process is to analyze the problem and to ask questions. The second step is to consult secondary sources. The third step is to answer the question is it common law or statutory or do you have a cause of action that can be filed under both? Your secondary source research can help with that.The fourth step branches out depending on if you have a common law or statutory law issue.
If it is a common law issue, you will read cases suggested by your secondary sources and find cases using headnotes and topic and key numbers. If your issue is statutory, you will consult the annotated code. You want to update the annotated code with the pocket part or supplement and the Legislative Service if you are working with print resources. The annotated code will give you case summaries for important cases that interpret the statute.
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After consulting the annotated code for a statutory issue, you will move on to finding cases. You will look up the full-text of the cases you found in the annotated code, look at the cases suggested by secondary sources, and look for more cases using the headnotes and topic and key numbers.
If you are not able to find case law for your statutory issue and the statutory language is ambiguous, you will do legislative history research. Also, any time you have a statutory issue, you will need to find any applicable administrative regulations and update those regulations.You will want to consult administrative adjudications.
Regardless of whether you have a statutory or a common law issue, you will need to make sure your cases are good law. You will Shepardize or KeyCite your cases. If this is a statutory issue, you will also need to Shepardize or KeyCite the statutes and regulations. Stop researching when you keep finding the same information over and over again.
Bluebook Rule 12.4 of the Bluebook (20th ed.) covers the citation of session laws. The Bluepages B12.1.1 and Table 1 should also be consulted. The citation should include the following: Elements.
Title of Act. Use official or popular name if one exists.
Otherwise identify the act with the date of enactment or effectiveness (abbreviated per T. 12). Volume (if no volume, give the year).
Abbreviated name of session law publication (see T. 1). Pages and sections (if pinpoint citing give the beginning page and the relevant page to which you are citing). Year of enactment (if no date of enactment, use effective date).
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Codification information (as a parenthetical) Examples: Immigration and Nationality Act, Pub. 82-414, § 101, 66 Stat. 163, 167 (1952) (codified as amended at 8 U.S.C. 31, 1996, Pub.
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Act 89-685, 1996 Ill. Laws 685 (codified as amended at 735 Ill. 12, 1994, § 2, 1993-1994 Ohio Laws 6546, 6548-50. 47, 2013 Ohio Legis. L-13, L-23 (West) (codified as amended at Ohio Rev. 47, 2013 Ohio Legis.
24, 39, (Lexis) (codified as amended at Ohio Rev. ALWD Rule 14.6 & 14.8 in the ALWD Citation Manual (5th ed.) covers the citation of session laws. Elements.
Title of Act. Use official or popular name if one exists (omit 'the'). Otherwise identify the act with the date of enactment or effectiveness (abbreviated per Appx. 3(A)).
Law abbreviation. The abbreviation 'No.' . Law number. Pinpoint reference (if applicable). Volume. Abbreviated name of session law publication (See Appx.
1). Pages and sections (if pinpoint citing give the beginning page and the relevant page to which you are citing). Year.
Codification information (as a parenthetical) Examples Immigration and Nationality Act, Pub. 82-414, § 101, 66 Stat. 163, 167 (1952) (codified as amended at 8 U.S.C. 12, 1994, § 2, 1993-1994 Ohio Laws 6546, 6548-50. Bluebook Rule 12 of The Bluebook (20th ed.) covers the citation of statutes.
Elements. Name and original section number as it appears in the session laws (only if the statute is commonly cited that way). Title, Chapter, or Volume (see T. 1, 1.3). Code (cite to the official code if at all possible). Section.
Publisher, editor or compiler (unless the code is published by or under the supervision of government officials). Year (on spine or title page if available, otherwise year on title page, and if not that, the copyright year). Supplements (see Rule 3.1 to cite any material appearing in supplements) Examples: 42 U.S.C.§ 1983 (2006). §§ 1187-89 (2006 & Supp. § 3503.06 (West 2007).
§ 3503.06 (LexisNexis 2009). Citing to Online Codes - Rule 12.5 and 18.3: The Bluebook requires you to cite to the official code if it is available. If citing to a statute that is available on a commercial online service such as Lexis or Westlaw, provide the following:. Title, Chapter, or Volume (see T. 1). Code (cite to the official code if at all possible).
Section. Publisher, editor or compiler. Name of the database. Currency of the database Examples: Ohio Rev.
§ 3503.06 (Lexis Advance through with Legis. Passed by the 132nd General Assemb. Through file 17 (HB 103) with the exception of file 14 (HB 40)). § 3503.06 (Westlaw through 2017 Files 1 to 13 and 15 to 17 of the 132nd General Assemb. ALWD Rule 14 of the ALWD Citation Manual (4th ed.) covers the citations to codes. Elements A citation to the Federal statutes should include the following:. Title number (if applicable).
Code Abbreviation (cite to official code where possible - see Appendix 1). Section. Publisher (if unofficial). Date Examples 42 U.S.C.§ 1983 (2006).
§§ 1187-89 (2006 & Supp. § 3503.06 (West 2007). § 3503.06 (LexisNexis 2009). Online Codes. Use regular citation form but add the name of the database provider and currency information. Bluebook Rule 10 of the Bluebook (20th ed.) governs the citation of cases.
The citation should include the following: Elements. Case Name - first listed parties on each side (italicized or underlined) (use T. 6).
Volume. Reporter (see T. 1). Page. Court and jurisdiction in parenthetical (see T.1, T.7, T.10). Year in parenthetical.
Subsequent History after parenthetical (if applicable) Example: United States v. Prince Line, Ltd., 189 F.2d 386, 387 (2d Cir. Explanation:. Case Name: Note there is no abbreviation of United States per 10.2.2. Abbreviate Ltd.
10.2.1(c), T.6. Reporter: Abbreviate the F.2d reporter per R. 6 (single adjacent caps), R.
6.2(b)(ii) (no superscript, use 2d instead of 2nd) & T.1. Court: Abbreviate Second Circuit per R. Note that there is no superscript per R. ALWD Rule 12 of the ALWD Citation Manual (5th ed.) covers the citation of cases. Elements.
Case Name - first listed parties on each side (italicized or underlined) (see chart 12.1). Volume. Reporter (see chart 12.2, local court rules - Appendix 2, ). Page. Court and jurisdiction (see Appendices 1 and 4 for court abbreviations). Year.
Subsequent History (if applicable) Example United States v. Prince Line, Ltd., 189 F.2d 386, 387 (2d Cir.
Learning legal citation is one of the difficult (and sometimes admittedly annoying) tasks that students new to the law face. This book is designed to ease that task. It initially focuses on conventions that underlie all accepted forms and systems of legal citation.
Building on that understanding and an explanation of the 'process' of using citations in legal writing, the book then discusses and illustrates the particular rules of The Bluebook and the ALWD Citation Manual for citing cases, statutes, and all other major legal sources. Unique appendices provide useful comparative information for these two systems of citation.
ALWD Guide to Legal Citation Where to Purchase the ALWD Guide to Legal Citation: Direct from. ALWD Guide to Legal Citation provides the tools needed for all forms of legal writing, using clear explanations and abundant illustrations.
In a single set of rules that novice and experienced legal writers can easily consult, Professor Coleen Barger contrasts the formats used in practice-based documents with those used in academic footnotes The ALWD Guide to Legal Citation is a consistent and flexible system of citation for legal materials, designed to be easy for students, professors, practitioners, and judges to understand and use. Filled with numerous examples of proper citation formats for the many types of source materials cited in legal documents, the Guide includes extensive explanations to assist students in choosing the correct form. One of the Guide’s fundamental goals is to be a restatement of the rules of citation based on how experts actually do citation.
It is a book prepared by professionals for professionals. As a result of this approach, citation using the ALWD format will be instantly familiar to practitioners and scholars alike, regardless of which edition of the Bluebook they have learned. The Guide contrasts the formats used in practice-based documents with those used in academic footnotes, but in a single set of rules that novice and experienced legal writers can easily consult. New to the Sixth Edition:. Updated and expanded coverage of public domain case opinions and other primary authorities published online. Updated and expanded coverage of secondary works in online media, including articles, ebooks, blogs, newsletters, and social media. New and updated subsections of rules addressing federal case reporters, statutes, legislation, and regulations online; new treatment of footnote references and footnotes/endnotes in online sources; new treatment and examples of dictionaries, A.L.R.
Annotations and articles, Restatements, and Principles of the Law. Updated appendices containing abbreviations, jurisdiction-specific sources and local rules, periodicals (more than 70 new titles added); new appendix addressing abbreviations for titles of looseleaf services. Every rule and example has been revisited and edited for depth and breadth of coverage as well as improved clarity.
Features A great teaching book just got better.
Bluebook Rule 12.4 of the Bluebook (20th ed.) covers the citation of session laws. The Bluepages B12.1.1 and Table 1 should also be consulted. The citation should include the following: Elements. Title of Act.
Use official or popular name if one exists. Otherwise identify the act with the date of enactment or effectiveness (abbreviated per T. 12). Volume (if no volume, give the year).
Abbreviated name of session law publication (see T. 1).
Pages and sections (if pinpoint citing give the beginning page and the relevant page to which you are citing). Year of enactment (if no date of enactment, use effective date). Codification information (as a parenthetical) Examples: Immigration and Nationality Act, Pub. 82-414, § 101, 66 Stat. 163, 167 (1952) (codified as amended at 8 U.S.C.
Susan Boland
31, 1996, Pub. Act 89-685, 1996 Ill. Laws 685 (codified as amended at 735 Ill. 12, 1994, § 2, 1993-1994 Ohio Laws 6546, 6548-50. 47, 2013 Ohio Legis. L-13, L-23 (West) (codified as amended at Ohio Rev. 47, 2013 Ohio Legis.
24, 39, (Lexis) (codified as amended at Ohio Rev. ALWD Rule 14.6 & 14.8 in the ALWD Citation Manual (5th ed.) covers the citation of session laws.
Elements. Title of Act. Use official or popular name if one exists (omit 'the').
Otherwise identify the act with the date of enactment or effectiveness (abbreviated per Appx. 3(A)). Law abbreviation. The abbreviation 'No.'
. Law number.
Pinpoint reference (if applicable). Volume. Abbreviated name of session law publication (See Appx. 1). Pages and sections (if pinpoint citing give the beginning page and the relevant page to which you are citing). Year. Codification information (as a parenthetical) Examples Immigration and Nationality Act, Pub.
82-414, § 101, 66 Stat. 163, 167 (1952) (codified as amended at 8 U.S.C. 12, 1994, § 2, 1993-1994 Ohio Laws 6546, 6548-50. Bluebook Rule 12 of The Bluebook (20th ed.) covers the citation of statutes. Elements. Name and original section number as it appears in the session laws (only if the statute is commonly cited that way). Title, Chapter, or Volume (see T.
1, 1.3). Code (cite to the official code if at all possible). Section. Publisher, editor or compiler (unless the code is published by or under the supervision of government officials). Year (on spine or title page if available, otherwise year on title page, and if not that, the copyright year). Supplements (see Rule 3.1 to cite any material appearing in supplements) Examples: 42 U.S.C.§ 1983 (2006). §§ 1187-89 (2006 & Supp.
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§ 3503.06 (West 2007). § 3503.06 (LexisNexis 2009). Citing to Online Codes - Rule 12.5 and 18.3: The Bluebook requires you to cite to the official code if it is available.
If citing to a statute that is available on a commercial online service such as Lexis or Westlaw, provide the following:. Title, Chapter, or Volume (see T. 1). Code (cite to the official code if at all possible).
Section. Publisher, editor or compiler. Name of the database. Currency of the database Examples: Ohio Rev. § 3503.06 (Lexis Advance through with Legis. Passed by the 132nd General Assemb. Through file 17 (HB 103) with the exception of file 14 (HB 40)).
§ 3503.06 (Westlaw through 2017 Files 1 to 13 and 15 to 17 of the 132nd General Assemb. ALWD Rule 14 of the ALWD Citation Manual (4th ed.) covers the citations to codes. Elements A citation to the Federal statutes should include the following:. Title number (if applicable). Code Abbreviation (cite to official code where possible - see Appendix 1). Section. Publisher (if unofficial).
Date Examples 42 U.S.C.§ 1983 (2006). §§ 1187-89 (2006 & Supp. § 3503.06 (West 2007).
§ 3503.06 (LexisNexis 2009). Online Codes. Use regular citation form but add the name of the database provider and currency information. Bluebook Rule 10 of the Bluebook (20th ed.) governs the citation of cases. The citation should include the following: Elements. Case Name - first listed parties on each side (italicized or underlined) (use T.
6). Volume.
Reporter (see T. 1). Page.
Court and jurisdiction in parenthetical (see T.1, T.7, T.10). Year in parenthetical. Subsequent History after parenthetical (if applicable) Example: United States v. Prince Line, Ltd., 189 F.2d 386, 387 (2d Cir. Explanation:. Case Name: Note there is no abbreviation of United States per 10.2.2. Abbreviate Ltd.
10.2.1(c), T.6. Reporter: Abbreviate the F.2d reporter per R. 6 (single adjacent caps), R. 6.2(b)(ii) (no superscript, use 2d instead of 2nd) & T.1.
Court: Abbreviate Second Circuit per R. Note that there is no superscript per R. ALWD Rule 12 of the ALWD Citation Manual (5th ed.) covers the citation of cases. Elements.
Case Name - first listed parties on each side (italicized or underlined) (see chart 12.1). Volume. Reporter (see chart 12.2, local court rules - Appendix 2, ).
Page. Court and jurisdiction (see Appendices 1 and 4 for court abbreviations). Year. Subsequent History (if applicable) Example United States v.
Prince Line, Ltd., 189 F.2d 386, 387 (2d Cir.
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