Midterm Flashcards
Primary Authority
(1) Constitutions, (2) Statutes, (3) Administrative Regulations, (4) Case Law
Case Law Authority
Could be mandatory or persuasive authority depending on the jurisdiction
Secondary Authority
(1) Legal Encyclopedias, (2) American Law Reports (ALRs), (3) Legal Periodicals, (4) Treatises, (5) Restatements, (6) Model Rules and Uniform Codes (5 & 6 can become primary if adopted by a court or legislature)
Unofficial Reporter Case Citation
[Volume] [Reporter Abbreviation] [Edition] [Starting Page Number] (State Abbreviation and Year).
How to find Secondary Sources Online
Find by Citation, Search by Subject, Keyword Search (terms and connectors; natural language)
E-Resource Finding Tools
Search Box, Advanced Searching Option, Table of Contents Search, Index Search
Print Resources Finding Tools
Index and/or table of contents
Finding Tools in Secondary Sources
Table of Cases and/or Table of Laws and Rules, Popular Names Table; available in print and e-resources
In Print Currency
New Editions, Pocket Parts, Supplemental or Cumulative Pamphlets, Interfiling New Pages
Westlaw Currency
Scope Information (“i”), “database updated” information, copyright
Lexis+ Currency
“View information for this source,” copyright
Generating Search Terms
Who-Parties, What-describe key facts, Where-what is the jurisdiction, When-dates, legal issue, potential claims and defenses, relief sought
TARC
Terms, Alternates, Roots, Connectors
Within Source Searches
Find by Citation, Find by Subject (topic), keyword search
National Legal Encyclopedias
American Jurisprudence 2d, AmJur2d (West); Corpus Juris Secundum, CJS (West)