917-Introduction-to-Legal-Research-for-Librarians

advertisement
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
Download