introduction to the legal system and legal research using electronic tools to find legal authority...
Post on 24-Dec-2015
217 Views
Preview:
TRANSCRIPT
PRACTICAL LEGAL RESEARCH
Presented by the San Diego Law LibrarySeptember 2013
Overview of Class
Introduction to the legal system and legal research
Using electronic tools to find legal authority and resources
Conclusion/Question & Answer
Part I – Introduction: California Court System
The California court system is one of the three branches of government in California – judicial (courts), executive (Governor) and legislative (State Legislature).
The California court system consists of the California Supreme Court, Appellate Courts and Trial Courts.
Trial Courts (Superior Courts)
Most cases start in Superior Court One in each County (some have
multiple branches) Handles civil, criminal, small claims
and appeals of small claims Each Superior Court has a website with
local court rules, forms and other helpful information:
http://www.sdcourt.ca.gov
Courts of Appeal
Reviews trial court decisions that are challenged by a party to the case
Appellate review is not a new trial; it is a review of the record to determine if a mistake was made that affected the outcome
There are six Appellate Districts in California, San Diego is in the Fourth Appellate District
Cal. Supreme Court
Highest court in California Has discretion to review Court of
Appeal decisions on important issues of law (meaning the losing party on appeal does not have a right to Supreme Court review)
Must review appeals in death penalty cases
Types of Legal Cases
There are two categories of legal cases, civil and criminal. The difference is important and affects issues such as who can file the case, availability of appointed counsel, and burden of proof.
Civil Case
A civil case is a lawsuit between private parties, including:
Small claims General civil cases ($ disputes,
contracts, damage to property, personal injury)
Family law Landlord/Tenant Probate
Criminal Cases
A criminal case is one filed by a government agency (district attorney) against a person who has broken a criminal law. If found guilty a defendant can receive a penalty of jail/prison sentence, a fine or both.
Civil v. Criminal
Court appointed attorneys are only available in criminal cases
Civil cases have a lower burden of proof (“preponderance of evidence” or “clear and convincing evidence”), criminal cases have a higher standard of “beyond a reasonable doubt”
Civil: 9 of 12 jurors must agree on the verdict. Criminal: jury’s verdict must be unanimous
Legal Research Basics
Legal research is the process of finding legal authority (statutes, cases and regulations) that apply to your case. As a party you must present authority to the court to support your arguments.
Different types of legal authority (“primary” and “secondary”) are used for different purposes.
Primary Legal Authority
Primary authority is a rule that is generally “binding” on the court, meaning that the court is required to follow it
Primary authority in California includes:› California Constitution› Statutes or codes passed by the legislature› Regulations issued by state agencies› Case law (decisions of the appellate courts
and Supreme Court)
Secondary Legal Authority
Secondary authority explains and analyzes the primary law, and can help with finding primary law on a subject in one place
It is a good starting point for research It is not binding authority – courts are
not required to follow it.
Types of Secondary Authority
Law dictionaries and encyclopedias Legal textbooks, treatises, practices
guides and legal self-help books Law review articles Annotations published in books of
codes/statutes Legal digests Legal briefs
Part II – Using Electronic Tools for Legal Research
How to use electronic tools to find primary and secondary sources
Case examples› Family› General Civil› Landlord/Tenant› Immigration› Criminal› Small Claims
Part III - Conclusion
Many of the sources that were used in Part II are available in print version at SDLL
SDLL reference librarians are available to help you with your research
Questions?
top related