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Chapter 11 The Desperate Researcher

Chapter 11 The Desperate Researcher. “I can’t find anything!”. Common Research Roadblocks. I know the name of a case. How do I find the full citation? Shepard’s Case Name Citator Plaintiff/Defendant Table Digest Table of Cases Plaintiff/Defendant Table

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Chapter 11 The Desperate Researcher

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  1. Chapter 11The Desperate Researcher “I can’t find anything!”

  2. Common Research Roadblocks • I know the name of a case. How do I find the full citation? • Shepard’s Case Name Citator • Plaintiff/Defendant Table • Digest Table of Cases • Plaintiff/Defendant Table • I know the name of a party in a case, but don’t know the title. Can I find the case? • Digest Table of Cases • Plaintiff/Defendant Table • Call the Court (that issued opinion)

  3. I know the name of a recent case but can’t find it. • Reporter/Advance Sheets • Recent cases • Internet • Westlaw/Lexis • Loose-leaf Services • Call the Court (issued the opinion) • Call the Law Library • I have just one or two cases, and can’t find anything else. What should I do? • Regular sources, including Shepardize • Authority within authority (cases w/i cases) • Statutory Research Tools (key numbers, etc.)

  4. American Jurisprudence 2d

  5. Advanced Techniques:American Jurisprudence • Volume Index/Title Index • Use after researching General Index • Volume/Title Index: • Extensive index on one topic • E.g., Negligence • Note: Volume Index covers ONLY materials in that Volume

  6. Corpus Juris Secundum

  7. Advanced Techniques:C.J.S • Review Key Numbers • Access relevant regional Digest • Research Key Number

  8. Advanced Techniques:Digests Digests = headnotes of case law • Research: • 1. Descriptive Word Index • 2. Key Topic and Number • 3. Locate Topic (main volumes) • 4. Leads to additional authority in jxn. • Statutory cites at end of headnotes Check the Decennial Digest Index

  9. Advanced Techniques:American Law Reports • Annotated Reporter • Reports cases • Provides commentary • Lists additional authority • Advanced Techniques • A.L.R. 5th (and A.L.R. 4th pocket part) provides: • Computer queries • Key Number references

  10. The General Digest • American Digest System • Century Digest • Indexes cases from 1600s to 1896 • Decennial Digest • Indexes state & federal cases from 1896 • General Digest • Updates Decennial Digest • Every 10th Digest has Key Number Table • References to Digests covering topic

  11. Restatements of the Law • Treatises on areas of law • Index leads to • Main volumes • Commentary • Appendix • Provides references to research materials (cases/statutes) • Published by American Law Institute Always check the pocket part!!

  12. Legal Periodicals • Indexes to legal periodicals: • Index to Legal Periodicals • Current Law Index • Current Law Index • Research by: • Author, title of article, subject matter • Years for research

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