Secondary Sources

1. Secondary Sources Rob Hudson For Prof Smith, LSV 9/8/2008

2. Expert commentary on primary law sources What is a Secondary Source?

3. Points of law you are unfamiliar with Jurisdictions vary To give a summary of law, and access to primary law citations Why use a Secondary Source?

4. Examples of Secondary Sources

5. Examples of Secondary Sources

6. Examples of Secondary Sources

7. Examples of Secondary Sources

8. Examples of Secondary Sources

9. Examples of Secondary Sources - more • Bar Journals • Law Reviews • American Law Reports • Legal Newsletters • Practice materials • Proof of Facts • Forms Books • Textbooks

10. Problem Florida shoplifting and business owner’s rights under the laws of Florida Questions What laws control? Example -

11. Legal Encyclopedia to Florida Law Example - Florida Jurisprudence

12. Legal Encyclopedia to Florida Law – by subject Summary Statues Cases Administrative References Other 2nd material Example - Florida Jurisprudence

13. Use Finding Aids Index Words & Phrases Search for keywords Example - Florida Jurisprudence

14. Example - Florida Jurisprudence • Keywords • Shoplift, thief, merchant, detain, protect, liability, • You can use Black’s Law Dictionary, a Legal Thesaurus like Roget’s, or other source to generate keywords if needed…

15. Example - Florida Jurisprudence • 24A Fla. Jur 2d False Imprisonment § 10 • I. False Imprisonment • B. Persons Liable • § 10. Merchants and merchants' employees

16. Summary of Law • § 10. Merchants and merchants' employeesWest's Key Number DigestWest's Key Number Digest, False Imprisonment15(2), (3) • Florida statutory law[FN1] provides that a merchant or a merchant's employee, who has probable cause to believe that a retail theft or unlawful use or attempted use of any antishoplifting or inventory control device countermeasure, has been committed by a person, and that the property can be recovered by taking the offender into custody, may, for the purpose of attempting to effect such recovery or for prosecution, take the offender into custody and detain the offender in a reasonable manner and for a reasonable length of time.[FN2] • If taken into custody in compliance with the statute, then the merchant, merchant's employee, or law enforcement officer is not criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.[FN3] • A merchant cannot be held liable for false imprisonment if the jury determines that he or she had probable cause for the detention.[FN4] Accordingly, merchants may detain suspected shoplifters, but they must have some reasonable basis to suspect the person held.[FN5] • There is a genuine issue of material fact as to whether the detention of store patrons for suspicion of prior shoplifting is reasonable and warranted, where during the detention they are warned that they will be arrested for trespassing if they return to the store and employees retain their drivers' licenses so that the patrons cannot leave and attempt to photograph them, thus, precluding summary judgment for the store and its employees on a false imprisonment claim.[FN6]

17. Case Annotations • CUMULATIVE SUPPLEMENTCases:Under Florida law, once a plaintiff alleging false imprisonment has established his detention by one who has no authority to detain him, the defendant may challenge the claim of an unlawful detention by asserting the lawfulness of the detention as an affirmative defense. Johnson v. Barnes & Noble Booksellers, Inc., 437 F.3d 1112 (11th Cir. 2006).

18. [FN1]§ 812.015, Fla. Stat.[FN2]§ 812.015(3)(a), Fla. Stat., also providing that, in the event the merchant or merchant's employee takes the person into custody, a law enforcement officer must be called to the scene immediately after the person has been taken into custody."Antishoplifting or inventory control device countermeasure" means any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device. Fla. Stat. § 812.015(1)(i).A.L.R. LibraryPrincipal's liability for punitive damages because of false arrest or imprisonment, or malicious prosecution, by agent or employee, 93 A.L.R. 3d 826. Construction and effect, in false imprisonment action, of statute providing for detention of suspected shoplifters, 47 A.L.R. 3d 998. FormsComplaint, petition, or declaration—Unreasonable detention and search of customer on accusation of shoplifting. Am. Jur. Pleading and Practice Forms, False Imprisonment §§ 38 to 43. Complaint—Unreasonable detention and search of customer on accusation of shoplifting. Florida Pleading and Practice Forms, Torts: False Imprisonment §§ 23:12, 23:13. [FN3]§ 812.015(3)(c), Fla. Stat.The criminal liability of a merchant for false arrest, false imprisonment, or unlawful detention is discussed in Fla. Jur. 2d, Criminal Law.Trial StrategyCompensatory Damages for False Imprisonment, 13 Am. Jur. Proof of Facts 3d 111 §§ 1, 2. [FN4]Canto v. J.B. Ivey and Co., 595 So. 2d 1025 (Fla. Dist. Ct. App. 1st Dist. 1992).FormsAnswer—Affirmative defense—Allegation—Reasonable detention of suspected shoplifter [§ 812.015, Fla. Stat.]. Florida Pleading and Practice Forms, Torts: False Imprisonment § 23:22. [FN5]Morris v. Albertson's, Inc., 705 F.2d 406 (11th Cir. 1983).The temporary detention of a suspected shoplifter by a merchant is discussed in Fla. Jur. 2d, Criminal Law.[FN6]Rivers v. Dillards Dept. Store, Inc., 698 So. 2d 1328 (Fla. Dist. Ct. App. 1st Dist. 1997).[FN7]§ 812.015(3)(a), Fla. Stat.[FN8]Morris v. Albertson's, Inc., 705 F.2d 406 (11th Cir. 1983).

19. Researching other Jurisdictions • American Jurisprudence covers all jurisdictions

20. Researching other Jurisdictions • American Jurisprudence covers all jurisdictions • CJS Both are Legal Encyclopedias of American Law by Subject

21. Researching other Jurisdictions • American Law Reports • Covers relevant laws in various jurisdictions • CITATIONS TO CASE LAW • More targeted than AmJur • Search by subject • Index

22. By Treatise By Hornbook By Nutshell Diamond, John L., Levine, Lawrence C. and Madden, M. Stuart. Understanding Torts. (Hornbook). Dobbs, Dan B. The Law of Torts. (Treatise). Fowler, Harper V., Fleming, James J., and Gray, Oscar S. The Law of Torts. 3d ed. (Treatise). Glannon, Joseph W. The Law of Torts: Examples and Explanations. (Hornbook). KF 1250 .Z9 G58x 1995 Keeton, Page W. and Prosser, William L. Prosser and Keeton on the Law of Torts. 5th ed. (Hornbook). Kionka, Edward J. Torts in a Nutshell. 3d ed. Shapo, Marshall S. Basic Principles of Tort Law. (Hornbook). Researching other Jurisdictions

23. Example - Hornbook • Prosser & Keaton on Torts

24. Example - Hornbook • Prosser & Keaton on Torts • Questions?