Secondary Sources

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Secondary Sources

• Rob Hudson
• For Prof Smith, LSV
• 9/8/2008

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What is a Secondary Source?

• Expert commentary on primary law sources

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Why use a Secondary Source?

• Points of law you are unfamiliar with
• Jurisdictions vary
• To give a summary of law, and access to primary
  law citations

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Examples of Secondary Sources
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Examples of Secondary Sources
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Examples of Secondary Sources
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Examples of Secondary Sources
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Examples of Secondary Sources
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Examples of Secondary Sources - more

• Bar Journals
• Law Reviews
• American Law Reports
• Legal Newsletters
• Practice materials
• Proof of Facts
• Forms Books
• Textbooks

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Example -

• Problem
• Florida shoplifting and business owners rights
  under the laws of Florida

• Questions
• What laws control?

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Example - Florida Jurisprudence

• Legal Encyclopedia to Florida Law

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Example - Florida Jurisprudence

• Legal Encyclopedia to Florida Law by subject
• Summary
• Statues
• Cases
• Administrative
• References
• Other 2nd material

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Example - Florida Jurisprudence

• Use Finding Aids
• Index
• Words Phrases

• Search for keywords

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Example - Florida Jurisprudence

• Keywords
• Shoplift, thief, merchant, detain, protect,
  liability,
• You can use Blacks Law Dictionary, a Legal
  Thesaurus like Rogets, or other source to
  generate keywords if needed

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Example - Florida Jurisprudence

• 24A Fla. Jur 2d False Imprisonment 10
• I. False Imprisonment
• B. Persons Liable
• 10. Merchants and merchants' employees

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Summary of Law

• 10. Merchants and merchants' employeesWest's
  Key Number DigestWest's Key Number Digest,
  False Imprisonment 15(2), (3)
• Florida statutory lawFN1 provides that a
  merchant or a merchant's employee, who has
  probable cause to believe that a retail theft or
  unlawful use or attempted use of any
  antishoplifting or inventory control device
  countermeasure, has been committed by a person,
  and that the property can be recovered by taking
  the offender into custody, may, for the purpose
  of attempting to effect such recovery or for
  prosecution, take the offender into custody and
  detain the offender in a reasonable manner and
  for a reasonable length of time.FN2
• If taken into custody in compliance with the
  statute, then the merchant, merchant's employee,
  or law enforcement officer is not criminally or
  civilly liable for false arrest, false
  imprisonment, or unlawful detention.FN3
• A merchant cannot be held liable for false
  imprisonment if the jury determines that he or
  she had probable cause for the detention.FN4
  Accordingly, merchants may detain suspected
  shoplifters, but they must have some reasonable
  basis to suspect the person held.FN5
• There is a genuine issue of material fact as to
  whether the detention of store patrons for
  suspicion of prior shoplifting is reasonable and
  warranted, where during the detention they are
  warned that they will be arrested for trespassing
  if they return to the store and employees retain
  their drivers' licenses so that the patrons
  cannot leave and attempt to photograph them,
  thus, precluding summary judgment for the store
  and its employees on a false imprisonment
  claim.FN6

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Case Annotations

• CUMULATIVE SUPPLEMENTCasesUnder Florida law,
  once a plaintiff alleging false imprisonment has
  established his detention by one who has no
  authority to detain him, the defendant may
  challenge the claim of an unlawful detention by
  asserting the lawfulness of the detention as an
  affirmative defense. Johnson v. Barnes Noble
  Booksellers, Inc., 437 F.3d 1112 (11th Cir. 2006).

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• FN1 812.015, Fla. Stat.FN2
  812.015(3)(a), Fla. Stat., also providing that,
  in the event the merchant or merchant's employee
  takes the person into custody, a law enforcement
  officer must be called to the scene immediately
  after the person has been taken into
  custody."Antishoplifting or inventory control
  device countermeasure" means any item or device
  which is designed, manufactured, modified, or
  altered to defeat any antishoplifting or
  inventory control device. Fla. Stat.
  812.015(1)(i).A.L.R. LibraryPrincipal's
  liability for punitive damages because of false
  arrest or imprisonment, or malicious prosecution,
  by agent or employee, 93 A.L.R. 3d 826.
• Construction and effect, in false imprisonment
  action, of statute providing for detention of
  suspected shoplifters, 47 A.L.R. 3d 998.
• FormsComplaint, petition, or
  declarationUnreasonable detention and search of
  customer on accusation of shoplifting. Am. Jur.
  Pleading and Practice Forms, False Imprisonment
  38 to 43.
• ComplaintUnreasonable detention and search of
  customer on accusation of shoplifting. Florida
  Pleading and Practice Forms, Torts False
  Imprisonment 2312, 2313.
• FN3 812.015(3)(c), Fla. Stat.The criminal
  liability of a merchant for false arrest, false
  imprisonment, or unlawful detention is discussed
  in Fla. Jur. 2d, Criminal Law.Trial
  StrategyCompensatory Damages for False
  Imprisonment, 13 Am. Jur. Proof of Facts 3d 111
  1, 2.
• FN4 Canto v. J.B. Ivey and Co., 595 So. 2d
  1025 (Fla. Dist. Ct. App. 1st Dist.
  1992).FormsAnswerAffirmative
  defenseAllegationReasonable detention of
  suspected shoplifter 812.015, Fla. Stat..
  Florida Pleading and Practice Forms, Torts False
  Imprisonment 2322.
• FN5 Morris v. Albertson's, Inc., 705 F.2d 406
  (11th Cir. 1983).The temporary detention of a
  suspected shoplifter by a merchant is discussed
  in Fla. Jur. 2d, Criminal Law.FN6 Rivers v.
  Dillards Dept. Store, Inc., 698 So. 2d 1328 (Fla.
  Dist. Ct. App. 1st Dist. 1997).FN7
  812.015(3)(a), Fla. Stat.FN8 Morris v.
  Albertson's, Inc., 705 F.2d 406 (11th Cir. 1983).

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Researching other Jurisdictions

• American Jurisprudence covers all jurisdictions

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Researching other Jurisdictions

• American Jurisprudence covers all jurisdictions
• CJS

Both are Legal Encyclopedias of American Law by
Subject
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Researching other Jurisdictions

• American Law Reports
• Covers relevant laws in various jurisdictions
• CITATIONS TO CASE LAW
• More targeted than AmJur
• Search by subject
• Index

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Researching other Jurisdictions

• By Treatise
• By Hornbook
• By Nutshell

• Diamond, John L., Levine, Lawrence C. and Madden,
  M. Stuart. Understanding Torts. (Hornbook).
• Dobbs, Dan B. The Law of Torts. (Treatise).
  Fowler, Harper V., Fleming, James J., and Gray,
  Oscar S. The Law of Torts. 3d ed. (Treatise).
• Glannon, Joseph W. The Law of Torts Examples and
  Explanations. (Hornbook). KF 1250 .Z9 G58x 1995
• Keeton, Page W. and Prosser, William L. Prosser
  and Keeton on the Law of Torts. 5th ed.
  (Hornbook).
• Kionka, Edward J. Torts in a Nutshell. 3d ed.
  Shapo, Marshall S. Basic Principles of Tort Law.
  (Hornbook).

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Example - Hornbook

• Prosser Keaton on Torts

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Example - Hornbook

• Prosser Keaton on Torts
• Questions?