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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.

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Introduction to Legal Research for Librarians

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  1. Introduction to Legal Research for Librarians Mark Podvia September 17, 2010

  2. Sources of Law • Legislative Branch: Statutory Law (Legislation) • Executive Branch: Administrative Law (Rules and Regulations/Decisions and Orders) • Judicial Branch: Case Law (Common Law)

  3. 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

  4. Case Law

  5. 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

  6. Federal Case Citation Clinton v. New York, 524 U.S. 417 (1998).

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

  8. Pennsylvania Case Citation Comm. v. Gosselin, 861 A.2d 996 (Pa. Super. 2004). Comm. v. Gosselin, 2004 PA Super 426.

  9. Where do we find Cases? • Printed Reporters • Commercial Sources (Lexis, Westlaw) • Internet Sources

  10. Legislation

  11. 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.

  12. 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.

  13. 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.

  14. Federal Session Laws • United States Statutes at Large—official • United States Code, Congressional and Administrative News--unofficial

  15. Codified Federal Statutes • United States Code (USC)—official • United States Code Annotated (USCA)—unofficial (West) • United States Code Service (USCS)—unofficial (Lexis)

  16. Pennsylvania Session Laws Laws of Pennsylvania

  17. 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

  18. Administrative Law

  19. Federal Administrative Register Federal Register: Issued each business day Includes proposed rules, final rules, notices, Presidential proclamations,

  20. Federal Administrative Compilation Code of Federal Regulations

  21. Pennsylvania Administrative Register Pennsylvania Bulletin: Issued weekly Includes proposed rules, final rules, notices, local rules of court

  22. Pennsylvania Administrative Compilation Pennsylvania Code

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