Legal Research

1
Legal Research

• Secondary Sources Advanced
• American Law Reports (ALRs), Restatements of
  the Law

2
ALRs, Restatements, Periodicals

• Now, Topic returns to secondary sources
• Both ALRs Restatements are secondary sources
  related to common law/case law research
• We will use a hypothetical as a starting point to
  examine the features of these resources

3
Hypothetical

• A 19 year old college student at the University
  of Texas in El Paso crossed the American/Mexican
  border one weekend. After visiting a few bars,
  he re-entered Texas the following Monday. His
  car was searched at the border and two Mexican
  nationals were found hiding in the trunk. In
  spite of loudly claiming total ignorance of their
  presence, he was arrested and charged with a
  Federal offense. He has appeared in your office
  and is seeking legal advice.

4
ALR History

• Originally competitor to Wests National Reporter
  System
• First Published in 1919
• Printed only selected leading cases
• Added Annotations
• It is the annotations that are useful today

5
ALRs What Are They?

• Annotated Cases
• not comprehensive
• cases used as jumping-off point for annotations
  
• Annotations are like an article
• survey of a legal issue
• thoroughly researched
• treatment across jurisdictions
• many case citations

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American Law Reports (ALR)

• An ALR article is a legal essay on a specific
  point of law.
• Each ALR article collects, organizes and
  evaluates case law relevant to the specific point
  of law.

7
When to Use ALRs?

• Find a survey of a legal issue
• Across jurisdictions
• Differing fact patterns
• Identify cases on your legal issue
• ALRs are generally NOT the best secondary sources
  to cite.

8
ALR Publication Patterns

• A.L.R. 1st 3rd State Federal
• 1919 to 1969
• A.L.R. 1st and 2nd are updated by the Later Case
  Service (no Pocket Parts)
• A.L.R. 3rd 6th State
• 1969 to date
• Updated with Pocket Parts
• A.L.R. Federal
• 1969 to date

9
ALRAnnotation

• Read prefatory paragraph to learn the scope of
  the annotation and get an overview of the topic.
• Ask
• is this topic relevant to my research?
• Is there a better annotation on my topic?

United States v Parmelee
10
Table of Contents Article Outline

• Components of an ALR Article
• Table of contents/Article Outline
• First page of annotation with prefatory paragraph
• Browse Article Outline to find pertinent sections
  of the annotation.

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Article Outline(continued)
12
Total Client ServicesLibrary References
Encyclopedia and Texts 3A Am Jur 2d, Aliens and
Citizens 1827-1829, 1832, 1833

• References to ALR Resources
• Other annotations
• ALR Digest Index
• References to other primary and secondary sources
• Related Statutes
• Encyclopedias
• Forms

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West DigestTopics/Key Numbers

• Segue into West digest system to facilitate
  location of additional case law
• Annotations and related references can be
  hundreds of pages in length

West Digest Key Numbers Aliens 40, 53.4, 55,
56, 58, 59
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AnnotationIndex

• Alphabetical List of Subtopics with cites to
  internal sections wherein they are discussed

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Statutory Text Table of Cases

• Text of any statute on point
• Table of Cases lists all cases discussed within
  the article with citation information and the
  section in which the case is discussed
• Table of Cases organized by Court

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United States v Parmelee
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Text ofAnnotation

• Text of the Annotation
• Discussion of Cases from multiple jurisdictions
• Patterns in case law from other jurisdictions
• Cases with fact patterns similar to your clients

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Updating ALRs

• Two Types of Updating
• Determining whether or not an Annotation has been
  supplemented or superceded by a later Annotation
• Annotation History Table
• Located in Tables vol. of the Index to the ALRs
• Locating newer cases which discuss the issues in
  an annotation
• See Next Slide

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Updating ALRs with Newer Cases

• ALR 1st
• ALR Bluebook of Supplemental Decisions
• ALR 2nd
• ALR Later Case Service
• ALR 3rd -6th and ALR Federal
• Annual Pocket parts located in rear of each bound
  volume
• Latest Case Hotline
• Phone number on front of pocket parts

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Updating ALR Research
ALR Annotation History Table
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Updating ALRs with Subsequent Annotations

• Check for a more recent annotation affecting your
  annotation in
• Pocket part
• Annotation History Table
• Located in Tables volume of the Index

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Print
American Law Reports (ALR)
23
Finding ALR Annotations

• ALR Indexes
• Quick Index (one volume)
• Multi-volume
• ALR Digests
• Online
• Lexis Westlaw
• Citators (Shepards KeyCite)

24
American Law Reports (ALR)
ALR Index

• Use the ALR Index to find relevant articles by
  subject matter.

• Aliens

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Aliens
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Print
American Law Reports (ALR)
UPDATE
29
Restatements History
Restatements of the Law
30
What Are Restatements?

• Codification of the Common Law
• Majority view (not always reflected)
• Emerging trends
• What the rule should be
• Created through collaborative process
• Eminent scholars in the field, many drafts,
  review by all ALI members
• Special Status of Restatements
• Highly regarded as persuasive authority

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When to use Restatements

• Well organized discussion of the law
• Rules
• Explanations
• Examples
• When primary authority is adverse, can use to
  suggest what the law should be
• Probably the most persuasive of persuasive
  authority

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Restatement Publication Patterns
34
Restatements Publication Patterns

• Note Special items
• Series year of adoption, not number of times a
  restatement on a topic has been promulgated
• New restatement on the same topic as an existing
  one does not supercede the older version

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Finding Restatements

• Is there a Restatement on your topic?
• Select appropriate subject series
• Table of Contents
• Index
• Comprehensive one-volume index covers first
  series
• Second and Third Series have NO comprehensive
  index
• Second and Third Series Indexes will be in
• Last subject volume at end of bound volume for
  that particular Restatement OR
• At end of each bound volume covering only
  contents of that particular volume

36
Which Series to Use(from Kunzs Text)

• Generally, want to begin with the newest series
• if there is an older series, should you research
  the old and new?
• If your jurisdictions court has adopted the
  newer series, then probably dont need to
  research the older series
• Search older series if
• Unclear about the status of the newer series rule
  in your jurisdiction
• If the newer rule varies from the older rule
• The newer rule appears to be a minority rule

37
Restatements

• Hypothetical Clark Leman, 5 6, and Victor
  Barnes, 6 3, had a bit of a scuffle in a bar
  one night. Victor Barnes was stabbed and blames
  Clark Leman. The authorities blamed him as well.
  They charged him with attempted murder. Victor
  Barnes, obviously a vengeful sort, has also filed
  a civil suit against Clark seeking restitution
  for pain and suffering.
• You represent Clark Leman. He wishes to claim
  self defense in the civil suit. Can he?

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Restatementof Torts 2d Index

• Search the subject index

Force Actors belief in necessity of
63 (1) k, l , m, 64 b, 65 (1) b, 70.
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Restatement of TortsTable of Contents

• Scan the table of contents to see if there is any
  relevant material

63. Self-Defense by force threatening death or
serious bodily harm
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Features of Restatements

• Restatement Rule
• May NOT be rule followed in your jurisdiction
• Comments
• Illustration
• Look for fact patterns similar to your
  hypothetical
• Reporters Notes
• Case Summaries
• Appendices OR
• Pocket part of the main Restatement volume

41
Features of Restatements

• Reporters Notes
• The rule represents a choice between conflicting
  positions and if so, whether the rule reflects
  the majority or minority position
• Cite to the parallel sections in previous series
• References to primary and secondary authorities
• Reporters' Notes document and discuss the sources
  for the Black Letter and Comments and provide a
  convenient basis for further research.

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Features of Restatements

• Case Summaries
• Holding and citation of the citing case
• Short commentary telling which portion of the
  Restatement was involved and how it was treated
  by the court
• Located in
• Appendices OR
• Pocket part of the main Restatement volume

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Restatement Rules Comments
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RestatementIllustrations

• Examples applying the rule
• Often based on actual cases

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RestatementReporters Notes

• Provide information about the politics behind
  the adoption of a position
• Alert you as to whether position reflects
  majority or minority view
• May cite to parallel sections of previous series
  and to primary and secondary sources

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RestatementCase Summaries

• Cases citing a particular section of the
  Restatement
• In Appendix Volumes
• Appendix Volumes not cumulative
• Appendix Volumes updated by pocket parts and/or
  supplementary pamphlets

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RestatementCase Summaries

• Cases citing a particular section of the
  Restatement
• In Appendix Volumes
• Appendix Volumes not cumulative
• Appendix Volumes updated by pocket parts and/or
  supplementary pamphlets

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Updating Restatements

• Pocket Parts to Restatement Appendix volumes
• Interim Case Citations
• A soft-bound pamphlet which updates ALL the
  Restatements