week 8 Secondary Sources

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Federal & State Free Internet & Westlaw

 Read: Key Number searching user guide (on Websites)  Read Secondary Sources user guide (on websites)  ◦ Review using Folders Video from WestlawNext

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American Jurisprudence 2

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Corpus Juris Secundum American Law Reports Legal Treatises/Practice books Legal Periodicals and Law Reviews Form Books: Am. Jur Forms of Pleading and Practice

 ◦ ◦ ◦ ◦ ◦ Witkin Summary of California Law California Procedure California Evidence California Criminal Law Cumulative Index

     California Jurisprudence (Encyclopedia) C.E.B. Books and Action Guides Rutter Group Matthew Bender Practice Books ◦ ◦ ◦ Form Books Bender Forms of Pleading and Practice Bender Transaction Guide West Forms

 Jury Instruction (Model or Pattern)  ◦ ◦ ◦ Miscellaneous Treatises Miller and Star (Real Estate) Ballentine’s (Corporate) Hanna Workers Comp

 ◦ ◦ ◦ ◦ Finding tools—help you find primary law NEVER a substitute for primary law Generally not cited (exceptions for certain well known and respected print sources) Never cited in lieu of primary law—only as additional reference NEVER cite to a source such as Wikipedia

 Everything—if you have Westlaw and/or Lexis  ◦ ◦ Free Internet—More limited because of copyright Concerns: Reliability and Dates Starting Place: Google or Bing

 ◦ Dram Shop Rule Google or Bing   Wikipedia Advertisements

    Wikipedia— http://en.wikipedia.org/wiki/Main_Page Never Cite, never rely on what it says—but use for citations to primary law Read “About Wikipedia” Example: Search and Seizure  No-knock warrant

 ◦ Zimmerman’s http://law.lexisnexis.com/infopro/zimmermans/  Check: Shepards; Service of Process Legal Information Institute—Cornell www.law.cornell.edu

Wex Legal Encyclopedia

 ◦ ◦ http://www.hwwilson.com

Ebsco Host—now fee based Public Library!

 ◦ http://www.loc.gov/law/  Guide to Law Online—U.S. Federal—Legal Guide to Law Reviews online Compare Santa Clara Technology with Hofstra  Google Scholar  ◦ http://stu.findlaw.com/journals/ Look for Intellectual Property (SCU)

  ◦ Law Reviews ◦  Explore Patent Searching Legal Reference Am. Jur.

1.

2.

Can a couple pay a pregnant woman $10,000 in consideration for her giving up the child for adoption?

Do a decedent's siblings have a cause of action for intentional infliction of emotional distress where a radio personality and his guest made remarks during a broadcast about the cremated remains of a decedent, which the guest had brought to the studio.

3. Are laws making adultery a crime unconstitutional 4. Summarize the subject of 7 Am Jur 2d Attorneys at Law § 267

1.

Can a couple pay a pregnant woman $10,000 in consideration for her giving up the child for adoption?

No—but can pay expenses 2 Am Jur 2d Adoption § 52 et seq 2.

Is an illegal arrest (one in violation of the Fourth Amendment) require that the criminal charges be dismissed (i.e. defendant cannot be tried)? Give the Am Jur section and cite a Supreme Court case for your answer.

5 Am Jur 2d Arrest § 129 n4 Payton v. New York, 445 U.S. 573, 100 S. Ct. 1371, 63 L. Ed. 2d 639 (1980).

3.

4.

Do a decedent's siblings have a cause of action for intentional infliction of emotional distress where a radio personality and his guest made remarks during a broadcast about the cremated remains of a decedent, which the guest had brought to the studio. . Roach v. Stern, 252 A.D.2d 488, 675 N.Y.S.2d 133 (2d Dep't 1998). 22A Am Jur 2d Dead Bodies § 79 Are laws making adultery a crime unconstitutional 2 Am Jur 2d Adultery and Fornication § 2 Summarize the subject of 7 Am Jur 2d Attorneys at Law § 267 Entitlement to compensation when attorney dies, is incapacitated of is disbarred.

 National  California

 “Secondary Sources” under All Content  Under California

 ◦ Explore top resources, Texts and Treatises—Am Jur etc.

 ◦ Explore Topics: i.e. Torts and Personal Injury

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