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Chapter Four

Chapter Four. Finding the Law: Legal Research   . Primary Sources. Constitutions Statutes Case Law Ordinances. Dictionaries Encyclopedias Form Books. Periodicals Treatises Digests. Secondary Sources. Facts and Issues.

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Chapter Four

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  1. Chapter Four Finding the Law: Legal Research   

  2. Primary Sources • Constitutions • Statutes • Case Law • Ordinances

  3. Dictionaries Encyclopedias Form Books Periodicals Treatises Digests Secondary Sources

  4. 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

  5. Factual Categories • Relevant Facts • Explanatory Facts • Unnecessary Facts

  6. 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

  7. 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

  8. United States Reports Supreme Court Reporter Lawyer’s Edition Federal Reports Federal Supplement Specialty Reporters Federal Case Law

  9. How to Read a Case CitationMiranda v. Arizona,case name 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966) official citation parallel citations year

  10. State Case Law • Official Reporters • Regional Reporters • Unofficial Reporters

  11. 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.

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