Intro to Legal Research MGT 601 LAW LIBRARY SESSION Lesson Plan - PowerPoint PPT Presentation

Intro to Legal Research MGT 601 – LAW LIBRARY SESSION

Lesson Plan  Basic structure of US law  Sources of legal research  Legal Citations  Process of legal research

Three types of law  Statutory Law (Statutes) ◦ Written laws passed by legislature and signed by Governor  Case Law (also called Common Law) ◦ Decisions by judges in court cases ◦ May help interpret statutes or situations not addressed by statutory law  Administrative Law ◦ Regulations and decisions issued by executive agencies

Jurisdiction  The authority of a court to hear a case.  3 levels: ◦ Limited – Only certain matters ◦ General - Widest variety of cases ◦ Appellate – Review trials and decisions of lower courts http://www.courtstatistics.org/Other-Pages/State_Court_Structure_Charts/Ohio.aspx http://www.uscourts.gov/about-federal-courts

Authority  Precedent  Weight of Authority ◦ Mandatory ◦ Persuasive

Sources of Legal Research  Primary Sources o Cases o Court opinions o Administrative decisions o Statutes o United States Code o Ohio Revised Code o Regulations o Code of Federal Regulations o Ohio Administrative Code

Secondary Sources  Provides analysis, description, explanation, and/or commentary on the law  Gives background on unfamiliar topics and puts the law in context  Guides you to primary sources  Makes legal research more efficient  Encyclopedias, treatises, periodicals, A.L.R., restatements, practice material  Research Guides

Legal Citations - Cases Griggs v. Duke Power Co. , 401 U.S. 424 (1971)

Legal Citations - Statutes Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (2006) 42 U.S.C. § 12111(b)

Legal Citations – Regulations 29 C.F.R. § 1630.1 (2015)

Legal Research Process Secondary Primary Synthesize Sources – Sources – background & legal & Update context authority

Example 1 Your boss has shared an article with you that talks about an employment discrimination case. She wants you to locate the full text of the court opinion. How do you go from an article, to locating the case, when the article doesn’t give you a reporter citation?

Google Scholar

Nexis Uni – Many Search Options

Nexis Uni – Get a Doc Assistance

Search Results

Example 2 Your boss has asked you for information about the Americans with Disabilities Act and ADA Amendments Act of 2008. Specifically, she wants to know whether her business is a covered employer and what types of accommodations she may be required to provide for an employee with a hearing impairment.

Secondary Sources on Nexis Uni

Legal Periodicals on Hein

Other Databases

Agency Website

Ask a Librarian General Questions (216) 687-2250 or (216) 687-2251 libraryinformation.services@law.csuohio.edu Research Questions (216) 687-6877 research.services@law.csuohio.edu Chat Text Message: 216-539-3331 Librarians are available during Research Services Hours. Schedule a Research Consultation: Let us know your project in advance, and we can pull resources for you.