introduction to legal research for librarians

Introduction to Legal Research for Librarians

Mark Podvia

September 17, 2010

Sources of Law

• Legislative Branch: Statutory Law (Legislation)

• Executive Branch: Administrative Law (Rules and Regulations/Decisions and Orders)

• Judicial Branch: Case Law (Common Law)

Types of Authority

• Primary Authority: Constitutions, Statutes, Administrative Rules and Regulations, Administrative Decisions and Orders, Case Law, Local Ordinances

• Secondary Authority: Treatises, Law Reviews, American Law Reports, Encyclopedias, Restatements

Case Law

Federal Reporters

• US Supreme Court: United States Reports, United States Supreme Court Reports Lawyers’ Edition, Supreme Court Reporter

• US Courts of Appeals: Federal Reporter

• US District Courts: Federal Supplement

Federal Case Citation

Clinton v. New York, 524 U.S. 417 (1998).

Regions

• Atlantic• North Eastern• North Western• South Eastern• South Western• Southern• Pacific• California Reporter• New York Supplement

Pennsylvania Case Citation

Comm. v. Gosselin, 861 A.2d 996 (Pa. Super. 2004).

Comm. v. Gosselin, 2004 PA Super 426.

Where do we find Cases?

• Printed Reporters

• Commercial Sources (Lexis, Westlaw)

• Internet Sources

Legislation

Legislative Process• A Law begins its life as a bill, a legislative

proposal offered for debate before its enactment. Bills can be introduced in either chamber.

• After it is introduced, a bill is sent to committee where hearings are held. If a bill is reported favorably it goes to the floor for a vote. If passed it is sent to the other chamber where the process starts over.

• If the bill is passed by both houses, it may need to go to a conference committee to work out differences between the two versions.

• The bill goes to the President/Governor for signature. If the bill is vetoed the legislature may be able to override the veto by a ¾ vote.

Where are Statutes published?

Slip Laws—Individual law printed after passage of a law.

Session Laws—Laws adopted during a specified session arranged in chronological order.

Codified Laws—Laws compiled into an order code arranged by topic.

Federal Session Laws

• United States Statutes at Large—official

• United States Code, Congressional and Administrative News--unofficial

Codified Federal Statutes

• United States Code (USC)—official

• United States Code Annotated (USCA)—unofficial (West)

• United States Code Service (USCS)—unofficial (Lexis)

Pennsylvania Session Laws

Laws of Pennsylvania

Codified Pennsylvania Statutes

• Pennsylvania Consolidated Statutes—Pa. Cons. Stat.—official

• Purdon’s Pennsylvania Statutes Annotated—P.S.—unofficial

• Purdon’s Pennsylvania Consolidated Statutes Annotated—Pa.C.S.A.—unofficial

Administrative Law

Federal Administrative Register

Federal Register:

Issued each business day

Includes proposed rules, final rules, notices, Presidential proclamations,

Federal Administrative Compilation

Code of Federal Regulations

Pennsylvania Administrative Register

Pennsylvania Bulletin:

Issued weekly

Includes proposed rules, final rules, notices, local rules of court

Pennsylvania Administrative Compilation

Pennsylvania Code