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The Process of Legal Research, Fourth Edition (L&B) / Edition 4

The Process of Legal Research, Fourth Edition (L&B) / Edition 4

by Christina L. Kunz, Deborah A. Schmedemann, Matthew P. Downs, Ann L. Bateson

ISBN-10: 0316507326

ISBN-13: 9780316507325

Pub. Date: 12/31/1995

Publisher: Wolters Kluwer Law & Business

The Sixth Edition of The Process of Legal Research builds on the strengths of the proven-effective process approach that has made this book a continual bestseller, with its emphasis on understanding the "what," "why," and "how" of legal research.


The Sixth Edition of The Process of Legal Research builds on the strengths of the proven-effective process approach that has made this book a continual bestseller, with its emphasis on understanding the "what," "why," and "how" of legal research.

Product Details

Wolters Kluwer Law & Business
Publication date:
Product dimensions:
6.94(w) x 9.89(h) x 0.83(d)

Table of Contents

Exhibits and Illustrationsxix
Unit IOverview1
Chapter 1The Lay of the Land: the Importance of Legal Research, Legal Authorities, and Research Media3
A.The Canoga Case3
B.The Importance of Legal Research5
C.Legal Authorities6
1.Primary Authority7
2.Secondary Authority8
3.Finding Tools19
D.Research Media19
E.The Approach of This Book22
Chapter 2From Curiosity to Closure: Eight Cognitive Tasks24
A.Client-Centered Curiosity25
1.Learn and React to Your Client's Situation26
2.Develop Research Terms and Research Issues27
a.Understanding Legal Language27
b.Generating Research Terms29
c.Using Dictionaries and Thesauri32
d.Formulating Legal Issues33
B.Content and Context36
3.List and Rank Potential Authorities36
4.Assess Available Sources38
C.Consultation and Creativity39
5.Use Your Terms and Issues to Locate Pertinent Passages40
6.Study Pertinent Passages54
7.Research Backwards and Forwards from Major Authorities55
8.Stop Researching58
Unit IISecondary Authorities61
Preliminary Points62
Chapter 3Encyclopedias63
A.What Is an Encyclopedia?63
B.Why Are Encyclopedias Useful?67
C.How Do You Research in Encyclopedias?67
Encyclopedias in paper67
D.What Else?69
E.How Do You Cite Encyclopedias?69
Chapter 4Treatises70
A.What Is a Treatise?70
B.Why Are Treatises Useful?71
C.How Do You Research in Treatises?71
Treatises in paper71
D.What Else?77
E.How Do You Cite Treatises?77
Chapter 5Legal Periodicals79
A.What Is a Legal Periodical?79
B.Why Are Legal Periodical Articles Useful?81
C.How Do You Research in Legal Periodicals?84
Traditional periodicals research involving an index84
Periodicals in full-text key-word searching86
Citating periodical articles88
D.What Else?88
E.How Do You Cite Legal Periodicals?90
Chapter 6A.L.R. Annotations91
A.What Are American Law Reports (A.L.R.) Annontations?91
B.Why Is A.L.R. Useful?92
C.How Do You Research in A.L.R.?94
A.L.R. in paper94
A.L.R. in LexisNexis and Westlaw101
D.What Else?101
E.How Do You Cite A.L.R.?102
Chapter 7Restatements103
A.What Are the Restatements?103
B.Why Are Restatements Useful?110
C.How Do You Research in Restatements?110
Restatements in paper110
Cases referring to the Restatements in paper112
Restatements in Westlaw and LexisNexis115
D.What Else?115
E.How Do You Cite Restatements?116
Chapter 8Additional Secondary Authorities and Strategy117
A.Additional Secondary Authorities117
B.Research Strategy for Secondary Authorities118
1.Choosing Among Secondary Authorities118
2.Deciding Whether to Cite Secondary Authorities120
Unit IIICase Law121
Preliminary Points122
Chapter 9Reporters, Digests, and Their Alternatives123
A.What Is a Case?123
1.How Does a Case Come to Be Decided?123
2.How Are Court Systems Structured?124
3.What Does a Published Case Look Like?124
B.Why Would You Research Which Cases?131
1.The Common Law, Stare Decisis, and Precedent131
2.Mandatory versus Persuasive Precedent: Federalism, Jurisdiction, and Level of Court132
a.Federalism and Jurisdiction132
b.Level of Court133
3.History and Treatment of the Case133
a.Subsequent History134
4.Publication Status135
5.Additional Factors137
C.How Do You Research Cases?138
Cases through West digests and reporters139
Cases in Westlaw151
Cases in LexisNexis157
Cases through court websites164
D.What Else?165
E.How Do You Cite Cases?168
F.Summary and Last Words170
Chapter 10Case Citators171
A.What Is a Case Citator, and Why Would You Use It?171
B.How Do You Use Case Citators?173
C.What Else?184
Unit IVEnacted Law187
Preliminary Points188
Chapter 11Codes and Session Laws189
A.What Are Constitutions and Statutes?189
1.What Is a Constitution?189
2.What Is a Statute?192
3.How Does Enacted Law Relate to Case Law?198
4.What Is a Uniform Act?198
B.Why Would You Research Constitutions and Statutes?199
C.How Do You Research Constitutions and Statutes?200
Statutes in annotated codes in paper202
Statutes in session laws in paper213
Statutes in commercial electronic services215
Statutes via public websites219
Local ordinances220
D.What Else?221
E.How Do you Cite Constitutions and Statutes?222
F.Summary and Last Words223
Chapter 12Legislative Process Materials225
A.Introduction: The Legislative Process225
2.The Legislative Process226
B.Legislative History228
1.What Are Legislative History Materials?228
2.Why Would You Research Legislative History Materials?238
3.How Do You Research Legislative History?239
Legislative history in statutory codes241
Legislative history in United States Code Congressional and Administrative News (U.S.C.C.A.N.)243
Compiled legislative histories245
Legislative history materials through LexisNexis Congressional and Congressional Information Service247
Legislative history through THOMAS256
4.What Else?258
5.How Do You Cite Legislative Materials?259
C.Pending Legislation260
D.Concluding Points261
Unit VAdministrative Materials265
Preliminary Points266
Chapter 13Regulations267
A.What Is a Regulation?267
B.Why Would You Research Regulations?268
C.How Do You Research Regulations?270
Regulations research in statutes271
Regulations in a regulatory code (Code of Federal Regulations)275
Regulations in an administrative register (Federal Register)280
Regulations in agency websites286
Regulations research in case law286
D.What Else?289
E.How Do You Cite Regulations?290
Chapter 14Agency Decisions291
A.What Is an Agency Decision?291
B.Why Would You Research Agency Decisions?297
C.How Do You Research Agency Decisions?297
Agency decisions research in statutes and regulations298
Agency decisions in the agency's own compilation--reporter or database300
Updating and validating agency decisions301
D.What Else?307
E.How Do You Cite Agency Decisions?307
Chapter 15Mini-Libraries308
A.What Are Mini-Libraries, and Why Are They Useful?308
B.How Do You Research in Mini-Libraries?309
Administrative materials in paper looseleaf services309
Options for administrative materials research in electronic mini-libraries318
C.What Else?322
D.How Do You Cite to Mini-Libraries?322
Unit VIRules of Procedure and Legal Ethics325
Preliminary Points326
Chapter 16Rules of Procedure327
A.What Are Rules of Procedure?327
B.Why Would You Research Rules of Procedure?336
C.How Do You Research Rules of Procedure?336
Rules of Procedure337
D.What Else?340
E.How Do You Cite Rules of Procedure?343
Chapter 17Rules of Professional Responsibility344
A.What Are Rules of Professional Responsibility?344
B.Why Would You Research Rules of Professional Responsibility?350
C.How Do You Research Rules of Professional Responsibility?350
Legal ethics352
D.What Else?363
E.How Do You Cite Rules of Professional Responsibility?363
Unit VIIConclusion365
Chapter 18Developing an Integrated Research Strategy367
A.Introduction: The apARTment Problem367
B.The Research Journals368
1.Researching for the Bank369
a.Jennifer Henderson369
b.Richard Soderberg371
2.Researching for apARTment372
a.Steve Brunn372
b.Vickie Loher375
C.Our Observations376
Research Situations and Practice Sets379
Research Situations for Unit I Eight Cognitive Tasks and Unit II Secondary Authorities381
Practice Set for Chapter 2: From Curiosity to Closure: Eight Cognitive Tasks387
Practice Set for Chapter 3: Encyclopedias391
Practice Set for Chapter 4: Treatises393
Practice Set for Chapter 5: Legal Periodicals397
Practice Set for Chapter 6: A.L.R. Annotations401
Practice Set for Chapter 7: Restatements405
Research Situation and Background Reading for Unit III Case Law and Unit IV Enacted Law (State Statutes)409
First Practice Set for Chapter 9: Paper Reporters and Digests415
Second Practice Set for Chapter 9: Electronic Research in Case Law419
Practice Set for Chapter 10: Case Citators423
First Practice Set for Chapter 11: State Paper Codes and Session Laws427
Second Practice Set for Chapter 11: Electronic Research in State Statutes431
Research Situations and Practice Sets for Unit IV Chapters 11 and 12 Enacted Law (Federal Statutes)435
Third Practice Set for Chapter 11: Federal Codes and Session Laws439
Practice Set for Chapter 12: Legislative Process Materials443
Research Situations and Practice Set for Unit V Chapters 13, 14, 15 Administrative Materials447
Practice Set for Unit V: Administrative Materials451
Research Situation and Practice Set for Unit VI Chapter 16 Rules of Procedure457
Practice Set for Chapter 16: Rules of Procedure459
Research Situation and Practice Set for Unit VI Chapter 17 Rules of Professional Responsibility463
Practice Set for Chapter 17: Rules of Professional Responsibility465

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