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rhetoric > Research > Flashcards

Research Flashcards

0
Q

What two main functions do citators serve?

A

Used to update authority to make sure it is still good law and as finding tools to locate other primary and secondary authority.

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1
Q

What are citators?

A

Shepard’s and keynote

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2
Q

Official codes?

A
  • Published by a gov’t org or a designated publisher

- Published less frequently

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3
Q

Primary authority

A

Rules of law

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4
Q

Secondary authority

A

Commentary or analysis of law but not the law itself.

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5
Q

Unofficial codes

A
  • Published by private publishers
  • Published more frequently
  • Contain annotations to cases, related admin materials, and pertinent secondary materials.
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6
Q

Is primary authority mandatory or persuasive?

A

Both. Can be either, mandatory within jurisdiction, persuasive outside of jurisdiction.

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7
Q

Is secondary authority mandatory or persuasive?

A

It can be either, it can become mandatory if a court adopts it.

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8
Q

How can secondary sources be useful?

A

They are useful to understand the law
Get a high-level overview
Find citations to cases, statutes, and other authority
Save time and money

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9
Q

What are the two national legal encyclopedias

A

American jurisprudence
Corpus Juris Secundum

Organized alphabetically by topic

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10
Q

What are ALRs?

A

American Law Reports, articles called annotations.

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11
Q

What is an annotation?

A

Summaries of cases from a variety of jurisdictions to provide and overview of the law on a topic- rarely contain analysis or commentary.

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12
Q

Four ways to locate legal periodicals online.

A

LegalTrac
Index to Legal Periodicals
Hein Online
Lexis And Westlaw

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13
Q

What is the book browse function?

A

On lexis and Westlaw.

Search forward and backward from all relevant sections of the code.

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14
Q

If a statute controls your issue, how can you figure out what the words in the statute mean?

A 
Definitions section of statute
Cases interpreting the statute
Plain meaning of statute
Canons of construction
Legislative history-- what the drafters intended the words to mean.
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15
Q

What is the West Key Number system, how is it organized, and why is it useful?

A

For west digests, the points of law are integrated into the overall digest system by classifying each according to topic and assigning it a key number. The key number consists of a topic word or phrase and a au topic number.

Key topic and number allows you to access a variety of cases in the digest system that have been categorized as having a similar issue or point of law.

The topic, key topic and key number that you find in a west digest will correspond exactly to a head note at the beginning of a case published in a west reporter or on westlaw.

16
Q

Binding authority

A

Law that a judge must examine or evaluate.

17
Q

Persuasive authority

A

Law a judge may examine or evaluate

18
Q

How are statutes published?

A

Slip Laws

Session Laws

19
Q

Slip laws

A

Hot off the press

20
Q

Session laws

A

Statutes at Large

Laws in chronological order in a given legislative session. Only good if you know the date already.

21
Q

Codes

A

US CODE:

  • federal code
  • organized by subject matter.
  • Codified law.
22
Q

How do you find statutes?

A

Popular name table
Table of contents (not very helpful)
Title browsing
Index: topically oriented. All codes have one. Searchable indexes.

23
Q

How are cases published?

A

Chronological in jurisdiction specific reporters.
Chronological in regional reporters
Most have an associated set of digests that classify cases by subject.

24
Q

Digests

A

West system. Identifies points of law from reported cases and organizes them by topic and key number.
Get a case, use digest, find other case using same or similar head notes

25
Q

Legal/encore

A

Law review articles

26
Q

HeinOnline

A

Full text PDFs of legal periodicals
Use when already have a cite
Most law reviews but not more obscure ones

27
Q

LegalTrac

A

Indexing service with super useful search engine get citation and take it to HeinOnline
Electronic indexing service
Indexes of articles from 1980
Not extensive full PDFs

28
Q

Secondary sources examples (2)

A

Treatises/ hornbooks
Restatements
Law review articles

29
Q

Treatises/ hornbooks

A

In depth single subject

Overview and analysis

30
Q

Restatement

A 
13 subjects only
Published by American Law Institute
Judge-made law into rules not trends in the law
Recommends where law ought to go
Very persuasive
Can become law
31
Q

Law review articles

A

Thorough thoughtful treatment of discrete issues

Not updated

32
Q

Secondary sources examples (1)

A

American jurisprudence
Corpus Juris Secundum
ALR

33
Q

Update authority

A

Shepards (Lexis)

Keycite (Westlaw)

34
Q

Ways to find cases

A 
1 Annotated codes
2 jurisdiction specific digest
3 secondary sources
4 once good case
    - Keycite/ Shepardize
    - custom search firm more cases using headnote/ key cite
35
Q

Binding authority

A

Judge MUST examine

36
Q

Persuasive authority

A

Judge MAY examine

37
Q

Primary authority

A

Establishes law on a given issue

Statute, regulation, case, constitution, treaty, executive order.

38
Q

Secondary authority

A

Insight into primary authority

Commentary

rhetoric (3 decks)

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