Legal Research
Secondary Sources
American Law Reports (ALRs)
& Restatements
ALR’s & Restatements
1. Today, topic turns back to secondary
sources
2. Both ALR’s & Restatements are
secondary sources related to common
law/case law research
ALR History
1. Originally competitor to West’s National
Reporter System
2. First Published in 1919
3. Printed only selected “leading cases”
4. Added Annotations
a. It is the annotations that are useful today
ALRs: What Are They?
1. Annotated Cases
a. not comprehensive
b. cases used as “jumping-off point” for annotations
2. Annotations are like an article
a.
b.
c.
d.
survey of a legal issue
thoroughly researched
treatment across jurisdictions
many case citations
When to Use ALRs?
1. Find a survey of a legal issue
a. Across jurisdictions
b. Differing fact patterns
2. Identify cases on your legal issue
3. ALRs are generally NOT the best
secondary sources to cite.
ALR Publication Patterns
1. A.L.R. 1st – 3rd State & Federal
a. 1919 to 1969
2. A.L.R. 3rd – 5th State
a. 1969 to date
3. A.L.R. Federal
a. 1969 to date
4. Most contemporary research will be done
in ALR3d –5th and ALR Federal
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.
Finding ALR Annotations
1. ALR Indexes
a. Quick Index (one volume)
b. Multi-volume
2. ALR Digests
3. Online
a. Lexis & Westlaw
4. Citators (Shepard’s & KeyCite)
ALR Index
1. Covers multiple
ALR series
2. Includes tables
3. Index is in
multiple volumes
ALR Index
1. Subject Index: Aliens
Using ALR Annotations
1. Components of an ALR Article
a.
b.
c.
d.
e.
f.
First page of annotation with prefatory paragraph
Table of contents
Total Client Service Library references
Annotation Index
Jurisdictional table of cited statutes & cases
Text of an annotation
ALR
Annotation
1.
2.
Read prefatory paragraph
to learn the scope of the
annotation and get an
overview of the topic.
Ask:
a.
b.
is this topic relevant to my
research?
Is there a better annotation
on my topic?
Annotation Table
of Contents &
Article Outline
1. Browse Article
Outline to find
pertinent sections of
the annotation.
Article Outline
(continued)
Total Client Services
Library References
1. References to ALR
Resources
a. Other annotations
b. ALR Digest & Index
2. References to other
primary and
secondary sources
Annotation
Index
Statutory Text &
Table of Cases
Text of
Annotation
1.
Text of the Annotation
a. Cases from your
jurisdiction
b. Patterns in case law from
other jurisdictions
c. Cases with fact patterns
similar to your client’s
Updating ALRs
1. Any additional cases?
2. Superseding Annotations
a. Sometimes only partly superseded
3. Supplementing Annotations
a. Mainly used in A.L.R. & A.L.R.2d
b. Need to read both, supplement & original
Updating ALRs
1.
ALR 1st
a.
b.
2.
ALR 2nd
a.
3.
ALR Bluebook of Supplemental Decisions
Annotation History Table (in Tables vol. of the Index)
ALR Later Case Service
ALR 3rd -5th and Federal
a.
b.
Annual Pocket parts
Check for a more recent annotation
i.
ii.
c.
Pocket part
Annotation History Table (in Tables vol. of the Index)
Call Lastest Case Service “hot line”
i.
Phone # on front cover of recent pocket parts
ALRs Where to find them in the
Library
1. ALRs
a. Second Floor
b. KF 132…
2. ALR Indexes
a. Quick Index (one volume)
i.
Reserve KF 132 .A55 Index June 2007 A-Z
b. Multi-volume
i.
Second Floor, LC Collection KF132 .A54 Index
ALRs on Westlaw
1. Search Database named: ALR
2. Search narrower ALR databases with
content limited by subject
3. Will find cites to ALRs in “Results Plus”
4. Will find Cites to ALRs in KeyCite
results.
Note the access
point – Index.
No other access
points (i.e.,
table of
contents)
Only Terms &
Connectors
searching
here. No
other access
points (i.e., no
subject index,
table of
contents)
A.L.R. Digest. I have never used
it in paper and find the online
version cumbersome.
Scroll down to see internal
finding aids
Note: Although you do not
have the same external
finding aids online that
you have in print (e.g.,
ALR Quick Index, ALR
Index), you still have the
same internal finding aids
online (e.g., Article
Outline, Table of Cases)
ALRs on LexisNexis
1. LexisNexis Source
Legal > Secondary Legal > Jurisprudence
& ALR > American Law Reports
2. Will find cites to ALRs in “Practitioners
Toolbox”
3. Will find Cites to ALRs in Shepard’s
results.
LexisNexis Source
1.
2.
3.
NOTE: ALRs are a West published source and at
times they did not provide updates to LexisNexis.
Availability has varied.
Click on the information icon to check coverage,
frequency of updating, and contents.
CONTENT-SUMMARY:
a.
The ALR database contains the full text of the
annotations included in the Second, Third, Fourth,
Fifth, Sixth, Federal and Federal Second Series of the
American Law Reports (ALR), all published by West, a
Thomson Reuters business.
Only Terms &
Connectors
searching
here. No
other access
points (i.e., no
subject index,
table of
contents)
Watch for superseding or
supplementing annotations
West Publishes ALRs…
1. NOTICE: This annotation has been
superseded by the annotation(s) in 5 A.L.R.
Fed. 2d 243 and 162 A.L.R. Fed. 1. Always
consult the superseding or supplementing
annotation(s) for later cases.
2. You need 162 A.L.R. Fed. 1 and 5 A.L.R.
Fed.2d 243 working together to totally update
the completely superseded 55 A.L.R. Fed 604.
Gotta look at both.
Note: Although you do not have the
same external finding aids online
that you have in print (e.g., ALR
Quick Index, ALR Index), you still
have the same internal finding aids
online (e.g., Jurisdictional Tables,
Article Index, Article Outline)
Other Annotations in the ALR
source file on LexisNexis
1. US Supreme Court Lawyers' Edition 2d
annotations are published by LexisNexis.
2. The ALR source file contains the full text
of these Lawyers’ Edition 2d articles.
They analyze topics covered by US
Supreme Court decisions.
Restatements History
1. American Law Institute
a. Founded 1923
b. Objective: summarize & define (i.e. “restate”)
major legal doctrines
What Are Restatements?
1. Codification of the Common Law
a. Majority view
b. Emerging trends
c. What the rule should be
2. Created through collaborative process
a. Eminent scholars in the field, many drafts,
review by all ALI members
3. Special Status of Restatements
a. Useful as persuasive authority
When to use Restatements
1. Well organized discussion of the law
a. Rules
b. Explanations
c. Examples
2. When primary authority is adverse, can
use to suggest what the law should be
3. Probably the most persuasive of
persuasive authority
Restatements Publication
Patterns
1. Note Special items
a. Series = year of adoption, not number of
times a restatement on a topic has been
promulgated
b. New restatement on the same topic as an
existing one does not supercede the older
version
Restatement Publication Patterns
SUBJECT
SERIES & DATES
OF ADOPTION
SUBJECT
SERIES & DATES
OF ADOPTION
Agency
1st (1933)
2d (1957)
Security
1st (1941)
Suretyship & Guaranty
3d (1995)
Conflict of Laws
1st (1934)
2d (1969, 1988)
Torts
Contracts
1st (1932)
2d (1979)
1st (1934, 1938, 1939)
2d (1963, 1964, 1976,
1977)
3d (1997)
Foreign Relations
2d (1962, 1964, 1965)
3d (1986)
Judgments
1st (1942)
2d (1980)
Property
1st
Landlord & Tenant
Donative Transfers
Mortgages
Restitution
(1936, 1940, 1944)
2d (1976)
2d (1981, 1984, 1987,
1990)
3d (1996)
1st (1936)
Products Liability
Trusts
Prudent Investor
Rule
Unfair Competition
1st (1935)
2d (1957)
3d (1990)
3d (1993)
Finding Restatements
1.
Is there a Restatement on your topic?
a.
2.
Select appropriate subject & series
Which Series? (from Kunz p. 98)
a.
b.
Generally, want to begin with the newest series
if there is an older series, should you research the old and new?
i.
ii.
If your jurisdiction’s court has adopted the newer series, then
probably don’t need to research the older series
Search older series if
–
–
–
3.
4.
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
Table of Contents
Index
a.
b.
First Series has one volume comprehensive index
All other series, search the index for that particular restatement
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?
Restatement of
Torts 2d Index
1. Search the subject
index
2. Self Defense
a. Force
i.
Use of force
threatening death or
serious bodily harm.
Restatement of
Torts Table of
Contents
1. Scan the table of
contents to see if
there is any relevant
material
Using Restatements
1.
2.
3.
4.
5.
Restatement Rule
Comments
Illustration
Reporter’s Notes
Case Summaries
a. Appendicies OR
b. Pocket part of the main Restatement volume
Restatement: Rules & Comments
Restatement
Illustrations
1. Part of the comments
Restatement
Reporters Notes
1.
2.
3.
4.
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.
Restatement Case
Summaries
1.
2.
3.
In Appendix Volumes
Appendix Volumes not cumulative
Case Summaries
a.
b.
c.
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
Treatment of the Restatement by the
court
i.
ii.
Adoption
Discussion or disagreement with the
rule.
Updating Restatements
1. Pocket Parts to Restatement & Appendix
volumes
2. Interim Case Citations
a. Interim Case Citations is a pamphlet that
covers all of the restatement topics.
Restatements on Westlaw
1. Database: Restatements of the Law (REST)
a. Combined file with all restatements & drafts
2. Database: Restatement of the Law-Torts
(REST-Tort)
a. Includes all version of the Restatement of Torts
3. See Westlaw Directory for additional
Restatement database names
Once you select a
Restatement
Database, conduct a
Terms & Connectors
search and/or browse the
Table of Contents
Restatement on Lexis
1. Legal > Secondary Legal > Restatements
of the Law
a. Combined Source file with all Restatement
Topics OR
b. Restatement Source files by topic