Ch 8: The Law Library Flashcards
A detailed index by subject on points of law covered by reported cases.
Digest
A research aid which divides the law into primary sections, subsections, and topics.
Key Number System
American Jurisprudence Second.
Legal Encyclopedia
Computerized legal research.
Westlaw and Lexis.com
Constitutions, codes, statutes, and ordinances.
Primary Authority
Legal encyclopedias, treatises, digests, and legal texts
Secondary Authority
Paperback pamphlets published weekly or monthly containing reported cases.
Advance Sheets
Published court decisions published by region.
National Reporter System
Reference to legal authorities and precedents to establish or fortify a case at law.
Citation
Remarks, notes, case summaries, or commentaries following statutes that provide interpretations of the statutes.
Annotation
Shepard and KeyCite
Citator
Supplements to law books in pamphlet form that are inserted inside the back cover of law books.
Pocket Part
Why is it important to Shepardize or KeyCite?
To make sure that the authority you are citing is still valid (it has not been overruled, changed, modified, or reversed); to find more relevant law.
What is the name of the reporter system for your state?
Answers will vary depending on the state.
Why is it essential to check the pocket part when doing legal research?
To be sure the statute has not been changed or repeale
Name two types of information found in Martindale-Hubbell.
Any of the following would be correct:
- attorneys’ names and addresses alphabetically by state and city
- digests of state and foreign laws
- specialties and ratings of attorneys
- uniform laws
- Hague Convention
Advance sheets
Paperback pamphlets published weekly which contain reporter cases, including correct volume and page number.
Case law
That body of court decisions resulting from legal controversies over interpretations of substantive and procedural law.
Citators
A publication that lists the citations to all of the judicial decisions that have cited a given case.
Decision
The decision of the court.
Federal Register
Published daily, contains federal administrative rules and regulations.
Good law
Persuasive or mandatory case law that has not been reversed or overruled and may be used to support arguments in pleadings.
Headnotes
Summary of each point of law contained in the court decision of a report case.
Legal encyclopedias
Books that state principles of law supported by footnote references to pertinent cases throughout the U.S.
Legal texts (or treatises)
Books that cover specific areas of the law, usually dealing with a single topic.
Loose-leaf services
Loose-leaf replacement pages provided by a publisher in areas of the law where changes occur at a rapid rate.
Mandatory legal authority
Primary legal authority that the court is required to follow.
Martindale-Hubbell Law Directory
A publication of several volumes that contains names, addresses, specialties, and ratings of lawyers.
Ordinances (not defined in this chapter)
A rule established by authority; may be a municipal statute of a city council regulating such matters as zoning, building, safety, matters of municipality, etc.
Persuasive legal authority
Case law and analysis from other jurisdictions that may shed light on a case in which mandatory legal authority is ambiguous or nonexistent.
Pocket parts
Supplements to law books in pamphlet form which are inserted in a pocket inside the back cover of the books to keep them current.
Primary legal authority
Constitutions, codes, statutes, ordinances, and case law.
Reporters
Books that contain published court decisions.
Restatements
A publication that explains the law in a particular field.
Secondary legal authority
(1) Legal encyclopedias, treatises, legal texts, law review articles, restatements, and essays;
(2) Writings which set forth the opinion of the writer as to the law.
Session laws
The laws passed during a legislative session and compiled in volumes.
Shepardizing
Checking the subsequent history of a reported court decision to make sure it has not been overturned by a higher court.
Statutes at Large
Session laws enacted by Congress.
Supremacy clause
This clause of the United States Constitution establishes that neither Congress nor any state legislature may enact laws that conflict with the U.S. Constitution.
