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Legal research : how to find & understand the law / by Stephen Elias and the editors of Nolo ; edited by Janet Portman. 15th ed. p. cm. Rev. ed. of: Legal research online and in the library. 1st ed. 1998. Includes bibliographical references and index. ISBN-13: 978-1-4133-1052-8 (pbk. : alk. paper) ISBN-10: 1-4133-1052-4 (pbk. : alk. paper) 1. Legal research United States. 2. Legal research United States Data processing. I. Portman, Janet. II. Elias, Stephen. Legal research online and in the library. III. Nolo (Firm) IV. Title. KF242.A1E43 2009 340.072'073 dc22 2009011880 International Standard Serial Number (ISSN): 1539-4115 Copyright © 1982, 1986, 1992, 1995, 1997–2005, 2007, and 2009 by Nolo. All rights reserved. e NOLO trademark is registered in the U.S. Patent and Trademark Office. Printed in the U.S.A. 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Table of Contents Introduct ion Your Legal Research Companion 1 1 Understanding the Basics of the Law 3 What Is the Law? 4 Sources of Law 5 State Versus Federal Law 10 e Court System 12 2 Finding Legal Resources 19 Where Legal Information Is Located 20 Primary Sources and Secondary Sources 22 Looking for Legal Resources on the Internet 27 Legal Research Websites 41 3 Identifying Your Legal Issue 49 How to Approach Your Research 50 Step 1: Is the Issue Civil or Criminal? 51 Step 2: Figuring Out the Area of Law You’re Researching 55 Step 3: What Are the Resources at Will Help You Find What You Need? 70 Step 4: Figure Out Your Legal Research Question 71 4 Finding and Using Secondary Sources 75 Online Resources 76 Self-Help Legal Books 79 Legal Encyclopedias 80 Form Books 85 Practice Manuals 86 Continuing Legal Education Publications 89 Law Reviews and Other Legal Periodicals 90 Specialized Loose-Leaf Materials 92 Treatises and Monographs 94 Restatements of the Law 95 5 Finding and Using Constitutions, Statutes, Regulations, and Ordinances 97 Finding and Using Constitutions 99 Finding Federal Statutes 101 Finding State Statutes 109 Understanding and Using Federal and State Statutes 115 Finding and Using Regulations 128 Finding and Using Procedural Statutes and Rules 134 Finding and Using Local Laws or Ordinances 137 6 Finding Cases 141 Using Citations to Find Cases 142 Finding Cases on the Internet 146 Finding Cases in the Law Library 148 e Next Step 159 [...]... help you find the resources you need as you conduct your own legal research But before we get started, we think it helps to have a basic understanding of how the law works In this chapter, we’ll cover: • what the law is • understanding state versus federal law • sources of law, and • how U.S courts are structured These basics will provide the framework for understanding how to conduct legal research,. .. know where to go • how to frame your legal issue, so you approach your research efficiently • how to find and use legal resources including background resources, statutes, cases, and more • how to validate that what you have reflects the current status of the law, and • how to organize your research and put it to use Chapter 10 provides real-life examples that put all the steps together and give you a... every judge has to consider the opinion of every other judge in the country each time a similar issue comes up However, when they do have to rely on the interpretations of others, they turn to judicial opinions When you’re researching a legal issue, you will have to learn how to read judicial opinions to gather the salient facts and law that apply to your issue We’ll explain more about how to do that in... Loislaw 46 Westlaw by Credit Card 46 20  |  LEgal Research U nderstanding what the law is and how it’s structured is just the beginning of learning how to conduct legal research In addition, you need to know where to find it In this chapter, we’re going to discuss the resources that are available to you In future chapters, we’ll discuss how to use these resources to find. .. deadlines to meet, and so forth These offices also often have basic information and documents to explain the process litigants must go through to resolve a legal issue in the court system However, these attorneys or clerks do not represent you and cannot give you legal advice They are just there to help you understand the legal requirements for working your way through the court system, or to explain... nonlawyers to access legal information themselves Fortunately, particularly with the ease and availability of the Internet, that’s no longer the case Today, many people find it easy to do their own legal research, whether to resolve a private dispute, understand and work with a legal professional, or assist in their own academic or professional development Often, that research can start from the comfort... state statutory and case law, but won’t require you to look at the federal constitution or local ordinances We’ll explain more about these sources of law below Constitutions Both state constitutions and the federal constitution are the founding documents that form the basis of authority for all other forms of law Chapter 1  |  Understanding the Basics of the Law  |  7 that is, they tell the various... want to know exactly what the law says Secondary sources may explain the law, but they won’t be able to give you the full detail of what’s actually there Though reading primary law can be difficult, it’s important to do it if you really want to understand the details In Chapters 5 through 7, we’ll explain more about how to read legal documents Secondary Sources While primary sources are the texts of laws... custody case, a law might say that custody should be determined with the “best interests” of the child in mind The child’s mother may think that means living with her with occasional visits to the child’s father, whereas the 8  |  LEgal Research father might feel the child should live part-time with each parent On each side, the parties have a different interpretation of what the law means and how. .. on a particular topic There are many, many things you can find within minutes—but you have to know where to look The Internet isn’t always the only, or even the best, way to conduct legal research, however Here, we’ll cover several different options Law Libraries Law libraries remain an excellent resource for the legal researcher For one thing, they usually have a lot of legal books and resources that . Edition Attorney Stephen Elias & the Editors of Nolo How to Find & Understand the Law over 250,000 in print • Find legal information online or in a law library • Develop your legal research. your state. Please note Legal Research How to Find & Understand the Law By Attorney Stephen Elias and the Editors of Nolo 15th edition FIFTEENTH EDITION AUGUST 2009 Editor JANET PORTMAN Cover. Stephen. Legal research : how to find & understand the law / by Stephen Elias and the editors of Nolo ; edited by Janet Portman. 15th ed. p. cm. Rev. ed. of: Legal research online and in the