Chapter Four Finding the Law: Legal Research Primary Sources Constitutions Statutes Case Law Ordinances Introduction to Law, 4th Edition Hames and Ekern 2 © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. • All Rights Reserved. Secondary Sources Dictionaries Encyclopedias Form Books Introduction to Law, 4th Edition Hames and Ekern Periodicals Treatises Digests 3 © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. • All Rights Reserved. Facts and Issues A factual situation must exist before a legal issue can be identified The facts come first The facts help define the legal issue The legal issue is ultimately decided by the court ( if the case does not settle) Law is applied to the facts Introduction to Law, 4th Edition Hames and Ekern 4 © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. • All Rights Reserved. Factual Categories Relevant Facts Explanatory Facts Unnecessary Facts Introduction to Law, 4th Edition Hames and Ekern 5 © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. • All Rights Reserved. How to Sort the Facts A fact is relevant if the fact pattern changes substantially when the fact is removed or changed A fact is explanatory if it simply helps the researcher what actually happened A fact is unnecessary if when removed it does not alter the fact pattern Introduction to Law, 4th Edition Hames and Ekern 6 © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. • All Rights Reserved. What is Case Law? An opinion is a reported case written by a judge. Once a dispute has been presented to the Court, the judge writes an opinion explaining the reasoning of the Court Introduction to Law, 4th Edition Hames and Ekern 7 © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. • All Rights Reserved. Federal Case Law United States Reports Supreme Court Reporter Lawyer’s Edition Introduction to Law, 4th Edition Hames and Ekern • • • 8 Federal Reports Federal Supplement Specialty Reporters © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. • All Rights Reserved. How to Read a Case Citation Miranda v. Arizona, case name 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966) official citation parallel citations year State Case Law Official Reporters Regional Reporters Unofficial Reporters Introduction to Law, 4th Edition Hames and Ekern 10 © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. • All Rights Reserved. What is Statutory Law? Federal Statutes are found in the U.S.C., U.S.C.S and the U.S.C.A. State Statutes are also found in annotated and unannotated format. Statutes, often referred to as Codes, are laws enacted by the legislature. Introduction to Law, 4th Edition Hames and Ekern 11 © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. • All Rights Reserved.