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Chapter 9: Law Library and Book Research 178
Chapter 9: Law Library and Book
Research
Learning Objectives
• Distinguish Law Library Research from Electronic Research
• Execute Hard Copy Source Verification (Shepardizing)
• Identify Library Research Tools
• Describe Common Law Library Resources
• Discover Methods for Using Primary and Secondary Legal Sources
• Lay Out Library Research Tools and Strategies
Outline
Section 9.1: Introduction to Book Research
Section 9.2: Library Research Tools
Section 9.3: Common Law Library Sources
Section 9.4: Basic Legal Research: Library Tools and Strategies
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179 Chapter 9: Law Library and Book Research
Introduction
With the prevalence of online resources in our daily lives, many students who are new to the legal
field feel much more comfortable researching online in comparison with using hard copy sources
in law libraries. In certain instances, law libraries offer advantages over online sources, especially
for those who are unfamiliar with sources or legal fields. When reviewing sources by hand, you
can quickly flip through tables of contents and related sources for your convenience. For some,
being able to physically lay out sources, and move from one to the next on a desk or table covered
with books, works best for learning, and piecing complex case components together.
The most popular online resources – Westlaw and Lexis (which will be covered in Chapter 10) –
can be costly, and some employers do not want to pass “learning” costs along to the client. In oth-
er words, clients should not be billed for time spent acquainting paralegals with common areas of
the law that are not client case specific. When you use a law library, you are not incurring costs to
the client or your firm, and you can take your time to become comfortable with your research top-
ic. For billing purposes, that, of course, must be balanced against the expenditure of your time in
the law library in comparison with the amount of time it would take to complete the same tasks,
or learning, using online paid databases.
Law libraries house both primary and secondary sources, from statutes to judicial opinions to peri-
odicals and Restatements. Tools such as catalogs and library websites can help you locate sources
quickly. Technology has been heavily integrated into law libraries. Understanding that integration
can help to maximize your efforts when navigating the law library. In this Chapter, we will review
the basics of using a law library. You will learn how to search through sources and locate re-
sources. Honing your law library knowledge is a skill that will serve you well throughout your ca-
reer.
Section 9.1: Introduction to Book Research
In this Chapter, emphasis is on legal research; specifically, how to conduct hard copy research in a
law library. Given the prevalence of the Internet, many who are new to legal research are more
comfortable working with electronic sources (which are covered in Chapter 10). There are many
advantages to book-based research. The starting point to recognizing these advantages is learning
about manual research in the law library, including the basics of what sources are available, and
how to use them.
Library Versus Electronic Research
Law library research should follow the same fundamental processes as conducting research online.
Essentially, you should begin with a plan and understand your research goals before you begin. If
your employer uses Westlaw or Lexis, one of your first questions will be whether you should use a
library or an online database to begin your search. As part of this initial determination process, it is
important to understand why and when law library research will be effective.
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Chapter 9: Law Library and Book Research 180
One of the primary benefits to using a law library
as opposed to online research is cost. Online legal
research databases such as Westlaw and Lexis PRACTICE ON POINT
charge a fee to your employer – usually based upon
the number of searches run or time spent in the da-
tabase. There will be instances when using book
sources, if available, can be a cost-effective research
method, and can be especially helpful when you are Law library research can be
first learning about a legal topic. Given that many advantageous over online research in
of the expenses associated with a case are passed the following ways:
on to the client, saving money in this way will ben-
efit both the client and the employer. This is an im- • Cost effectiveness
portant consideration when it comes to billing pa-
rameters, and the inability to pass the cost of learn- • Easier for visual learners
ing about some facets of the law along to the client. • Unavailability of online research
It is an ongoing balance of dollars and cents, ethics, sources
and legal parameters. The factors for evaluation in-
clude determining what is and is not billable, max- • Limitations on database
imizing time, and maximizing cost savings. subscriptions
Second, hard copy research is sometimes more ef- • Longevity
fective from a visual perspective. Being able to see
multiple sources laid out before you while taking
notes or typing on a laptop can be a fantastic way to acquaint yourself with authorities. Plus, you
would be surprised how much you can learn about related topics, when flipping through hard
copy sources which are grouped by category. Also, you never know when you may need to learn
about library research to prepare for instances when online searches are not an option. For exam-
ple, you could be hired by a non-profit or an attorney starting a new practice, and online research
may be cost-prohibitive, especially for pro bono cases.
One of the major reasons why resources are kept in book form – and why researchers continue to
use them – is longevity. The Internet has only been accessible as a research tool for everyday use
for a relatively short period in comparison with manual book research. Technology in the law
does not always run parallel to technological advancements throughout society. Books, on the
other hand, have history on their side. With so much change happening online, having practice
standards – such as the way that the information within a book is recorded and published – en-
sures the longevity of research sources, no matter what changes may come.
When beginning any research task – whether online or in a law library – you should follow a spe-
cific research plan. First, make sure that you understand the goal of your research. Are you looking
for specific statutes? Are you trying to find caselaw to support a certain position? Knowing your
goal will ensure that you are able to determine when, and where, your research should end. Sec-
ond, what is your starting point? This question may depend upon your familiarity with a subject. If
you are new to an area of law, you may want to begin with secondary sources to help you to deter-
mine the best research path.
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181 Chapter 9: Law Library and Book Research
Secondary sources as they are found and
KEY TAKEAWAYS used in law libraries are discussed in more
detail in Section 9.3, below. Secondary
sources are not laws themselves, but are au-
thorities which compile and discuss laws.
Secondary sources offer the following benefits as a
research tool: They can be very helpful for research pur-
poses because they are a way for you to
They provide analysis on specific areas of the learn from others who may have already
law conducted the same, or similar, research in-
They allow you to build upon the research formation. For example, if you are search-
work of others ing for the definition of a “firearm” as it is
used under a statute and cannot find helpful
They provide a guide for locating helpful information in the statute itself, you may
primary sources find that someone has researched this issue
They contextualize complex topics and compiled the information into a sec-
ondary source.
One of the advantages of using secondary sources is that they not only address legal questions,
they also support their assertions with primary sources. Therefore, in the example above, you
might find that a secondary source not only defines the word “firearm” based upon relevant pri-
mary sources, but that it also provides the names and citation information for those sources. In
addition to learning the definition, you would be able to locate the primary sources provided, and
use them in your own legal writing (assuming they continue to be valid), being mindful that you
want to cite primary sources as opposed to secondary ones whenever possible.
The example above demonstrates the type of
information you would have to know in ad-
vance to use a law library properly in order to CAREER CONNECTION
navigate through the steps to locate and vali-
date the information. Specifically, based on the
example, you would need to be able to locate
secondary sources, use the secondary source in-
formation to find the primary sources that
those secondary sources reference, and under- ∞ Combining law library usage with
stand the steps to take to verify that the law in secondary sources can greatly
those primary sources continues to be valid. It benefit your career.
is this last point – verifying authorities – to ∞ Using secondary sources in your
which we will turn next.
research can teach you more
Verifying Authorities about an area of law and make
your research more productive.
The process of checking a case or other source ∞ Using a law library is cost-
for continuing validity is known as Shepardiz- effective and gives you freedom
ing. The name of this process comes from to research at your own pace.
Frank Shepard, the person who originally com-
bined lists of sources to help readers to see
whether their case had been referenced. Alt-
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Chapter 9: Law Library and Book Research 182
hough Shepard’s Citations (the sources used to
complete this process) are published by Lex- KEY TERMS
isNexis, “Shepardizing” has become a com-
mon term referring to researching citing
sources, regardless of whether you use a Lexis The process of researching sources
product to complete the process. which have cited (meaning discussed or
taken action that impacted) your case is
Shepardizing is a crucial component of the re- known as Shepardizing.
search process – and this is especially true Shepard’s Citations or the online Shep-
when conducting research using hard copies of ardize tool are used for completing the
sources. Shepardizing is the process that you Shepardizing process.
use to ensure that the source you are reading
(and hope to rely upon) still contains valid law. Shepardizing is now a common term that
refers to this process, regardless of the
Imagine that you locate a case which supports method used to complete the search.
your client’s legal position. Relying upon this Shepardizing can be completed online or
case, your attorney adopts a legal strategy and
by hand using print sources.
the client relies upon that strategy to benefit
his interests. Upon making an argument in
court, it is discovered that the case that you cited had been overturned before you cited it. Not only
did your attorney and client rely upon this case to their detriment, but your attorney may be facing
ethical complaints for making an argument that was no longer valid under the law and failing to
check his or her sources. As you can see, not Shepardizing your sources puts you, your employer,
and the client at unnecessary risk on multiple levels. Therefore, you must learn to Shepardize –
both when using hard copies and using electronic databases.
Shepardizing cases by hand can be arduous. This is not necessarily because the process is difficult,
but because it is very detail-oriented. Basi-
cally, you are checking to see whether your
case has been cited (most notably whether
KEY TAKEAWAYS it has been cited negatively) by any other
source since your original case was pub-
lished. Because you are looking through
Shepardizing by hand requires that you be very sources by hand, it could be easy to over-
thorough. Make sure that you follow these steps: look a mention of your case. Therefore,
you should know in advance that you must
Collect all the relevant volumes that you
need, back to the date that your case was be very careful when Shepardizing to make
published. sure that you do not make any errors.
Even if/when you find your case mentioned, The first step in Shepardizing a case by
keep checking the rest of the volumes for hand is knowing your case’s citation, in-
additional references. cluding the year the case was decided. This
Check all of your citing references, especially encompasses knowing the volume of the
those which have cited your case negatively. reporter that published the case, as well as
the initial page number, all of which is con-
tained in the citation. Legal citations will
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183 Chapter 9: Law Library and Book Research
be covered more fully in Chapter 11. Next, locate the set of Shepard’s Citations which correspond
to your case. They are organized by reporter; therefore, you must discover which reporter con-
tained your original case and, from there, locate the Shepard’s Citations which refer to that report-
er.
Next, check to see which volumes you need to review. This requires looking at the cover of the
most current Shepard’s softbound supplement and looking under the “What Your Library Should
Contain” list. Gather all of the books on this list, going back to the date that your case was pub-
lished.
Go through each of these volumes and see if your case citation appears. Your case citation may or
may not appear in each of the volumes you must check. When you locate your case, you will see
the case name and decision date, followed by a list of sources which have cited your case.
Shepard’s Citators are very thorough; therefore, this
list will contain all cases and even secondary sources
which have cited your case, even if their treatment
was positive. This can be helpful if you are looking PRACTICE ON POINT
to expand your research. However, the most im-
portant type of treatment from an ethical standpoint
is negative treatment. You never want to cite to a
case which has been overruled or otherwise treated
negatively. You can see the type of treatment that
your case received by looking to the left of the cita- • Shepardizing in print is much more
tion for the citing source and looking at the abbrevi- difficult and time-consuming than
ation (if one is shown). Negative treatment can be Shepardizing online. If you are able
indicated by an “r” (reversed) or “m” (modified), as to use an online service to complete
well as an “o” (overruled), “d” (distinguished), this process, it will be simpler and
“c” (criticized) or “q” (questioned). much faster (assuming that both
options are available).
If you see any of the above-listed letters (known as • If your employer does not offer
“treatment indicators,” you must locate and read Westlaw or Lexis, your local law
that source right away to see how it affects your library might.
original case. If you forget these letters, there is also
a Table of Abbreviations in each volume of Shep- • If you work for a smaller firm or a
ard’s to help you understand what you are seeing. non-profit, you may want to ask your
By following this process, you can see whether and employer if you are able to check on
how your case has been referred to in the time since options for Lexis or Westlaw which
it was published. Also, even the most up-to-date may be cost-effective for
Shepard’s Citations will not contain information Shepardizing.
from the past two months or more. Therefore, to fi-
nalize the process, you should call the number on the back of the soft supplements, and the pub-
lisher will assist you in determining whether your case has received any additional treatment during
that time period.
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Chapter 9: Law Library and Book Research 184
One final note on Shepardizing: As stat-
ed throughout this Chapter, there are
several reasons why conducting research
in a law library as opposed to an online
source can be beneficial. However, Shep-
ardizing is one of the few tasks for which
an electronic process is simpler, more ef-
ficient, and more thorough than doing so
by hand. The process for Shepardizing
online is as simple as clicking a button,
and the list which is produced is likely to
be more up-to-date than the paper vol-
umes. Therefore, even if you do not (or
cannot) use online subscription services
such as Westlaw or Lexis to conduct your research, you should inquire as to whether you can find a
way to use these services to Shepardize your case rather than doing so by hand. Still, it is important
to understand this process in the event that Shepardizing online is not an option.
How Library Resources are
Kept Up to Date
When using hard copies of law library
sources, you may be wondering how CAREER CONNECTION
those sources are kept up to date. We
have just gone through the process of
updates to Shepard’s and will explore
updates to judicial opinions in Section
9.3. So, what about other sources? Are
they only updated as often as the books ∞ As you begin your career as a paralegal, you
can be published?
may be surprised at how often you are
presented with new or novel legal issues.
The secret to updating hardbound legal
books is the use of pocket parts. Pocket ∞ Remember that attorneys are often only
parts are paper supplements to law going to need research done on issues with
books which come in the form of a which they are not extremely familiar.
pamphlet. They are called “pocket ∞ This may leave you researching new concepts
parts” because they are kept in a frequently.
“pocket” inside the back cover of the ∞ Your research skills are connected to, and
book.
impact, your ability to locate and maintain
employment, as well as to advance in your
Pocket parts update information which career.
was valid at the time that a book was
printed, but has since been modified. ∞ Familiarizing yourself with your local law
They can also be used to correct errors library will improve your skills, saving you
which were inadvertently printed into
the hardbound copy of the source.
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185 Chapter 9: Law Library and Book Research
While pocket parts are often found inside a book’s back cover, they can also be found inside of the
front cover of a book. Pocket parts are most often used for digests, statutory codes and legal ency-
clopedias.
If you are using a source which includes a pocket part, you must always check this part of the
source for updates. Because they are released more often than hardbound sources, the pocket parts
will always contain information which is more up-to-date than that found in the hardbound portion
of the source.
Locating Resources in the Library
Law library resources will only be helpful to you if you know how and where to find them. Usually,
law libraries have reference librarians who are happy to help if you cannot find a specific source, or
if you are unsure of the type of source which contains the information that you need.
However, there are times when a reference librarian may not be available, or when he or she may
be busy helping others. Plus, it is common courtesy not to repeatedly ask a librarian for help if the
information that you need is readily available to you, and is simple to locate. Almost all law libraries
offer a floor map (most are available online as well) which can direct you as to where certain
sources can be found. Floor maps can be especially helpful for larger libraries. Also, if you have a
specific law library in which you will be conducting a fair amount of research, you can inquire as to
whether a tour is available. The less time that you spend searching for sources, the more time you
can spend conducting your research and solving your legal question.
Section 9.2: Library
Research Tools
KEY TAKEAWAYS
Like any type of research, you always want
to make sure that you are conducting re-
search in a law library as efficiently and ef-
Law libraries can be beneficial for paralegals, fectively as possible. To that end, there are
law students, attorneys, and the general
public. multiple resources which can help you to
get the most out of your law library.
Given how much the practice of law is built
upon research, the more resources you are Law Library Online Catalog
able to use, the better.
and Website
Check out your law library’s online presence
for tasks which may be offered online. Most modern law libraries are taking steps
to implement technological advances into
You can use law library sources for most any their offerings. One major step forward for
step in your research process. research purposes is the expansion of law
library online catalogs and websites. These
Here is a map of the University of Miami Law
Library. services can be especially helpful if you are
not already in the library and you need to
ensure that they carry the books you need
before heading there. Many law libraries al-
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Chapter 9: Law Library and Book Research 186
so offer services in which you can check online to
see if a book is available, and make a loan request
for it on the spot if it is not. With the provision of CAREER CONNECTION
online services, you can access your local law li-
brary from most anywhere. Check to find your lo-
cal law library’s website and online catalog and
bookmark the page for quick access. Some law li-
braries offer mobile apps for your convenience. Sometimes, a book you need will not
be available in your local law library.
Book Lists
When you think about a law library, you should Under these circumstances, you can
think beyond the established reference books request to “borrow” a book from
another library, via your own library.
which have been on the shelves for years. Instead,
think of the library as a living source for legal in- Sometimes these services are even
formation, always changing and updating the in-
formation it provides. offered online. If you need help making
a book request, consult your local
reference librarian.
One way in which law libraries continue to serve
the needs of the legal community are via book
lists. Many libraries use book lists as a way of let-
ting their members know about their newest sources. While you might think about only using the
library when you have a specific legal question to address, there is added value in thinking of the
law library in conjunction with continuing your education in the legal field. Familiarizing yourself
with the newest books in your library can help you
to stay on top of developing areas in the law. From
PRACTICE ON POINT a career perspective, staying on the forefront of de-
veloping legal issues can make you indispensable to
your employer. For these and other related profes-
sional reasons, you should maintain contact with
your local law library, even if you are not currently
conducting research, so that you will know when
• Some law libraries offer services over the newest sources arrive.
the phone or via email or other
electronic communication. Consulting the Reference Librarian
• While these services are convenient, Most legal professionals, at one point or another in
you should only use them when their careers, have benefitted from the assistance of
necessary so as to allow reference a reference librarian. Law libraries are often bustling
librarians to be available to help with law students, new attorneys, seasoned attor-
others. neys, members of the public researching the law,
and, of course, paralegals. Everyone, at some point,
• Never be afraid to ask a law librarian has a question, or needs help. Law librarians offer
for help, whether over the phone or many services, from locating sources to assisting
in person. As long as you are patient, with research tasks. Law librarians are unable to
most law librarians are happy to provide legal advice; however, they are free to assist
help. with most any other research or source need.
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187 Chapter 9: Law Library and Book Research
For example, if you find a source which you believe helps your argument, you can inquire with the
reference librarian as to the availability of similar sources. Or, if you cannot find a specific source
or are wondering whether or when an update to a source will be available, the reference librarian is
a great place to start.
Some law firms have their own librarians who manage their internal libraries. If you work for such
a firm, you should always introduce yourself to the librarian and ask for assistance as needed. You
may be surprised just how much help these well-trained librarians can provide.
Electronic Resources
Available at the Library
For all of the great information about
working with hard-copy sources, some- KEY TAKEAWAYS
times the source that you will use most of-
ten at the library is the computer. Many law
libraries have Westlaw and Lexis access that When using the electronic resources available at
they make available to their members or your local law library, always keep the following
even the public. This can be helpful in a information in mind:
number of ways. For example, if you enjoy Ask permission before using the computer for
researching by hand but Shepardizing elec- the first time, unless usage rules are clearly
tronically (a common practice), using the posted.
computer at the law library for electronic Unless you are alone in the library, you should
access is a simple way to do both. If your
employer does not offer Westlaw or Lexis not presume that no one else needs to use
the computer. Respect all time limits.
access, using these sources at the library can
be a great option. You can also use the
electronic sources at the library if you are
new to a legal topic and do not want to
spend too much time conducting online research at your office. As long as no one else is using the
computer at the law library and you are following the rules regarding usage frequency and time lim-
its, this approach makes for a great learning resource.
Circulation Versus Reserve
When you are visiting your local law library, remember that not all sources are visible on the
shelves. In addition to the sources which you can see and even check out from the library, there are
others which are usually maintained by the reference librarians at the circulation desk or otherwise
out of reach to general library visitors. These are known as reserve materials.
Reserve materials are materials which are not to leave the library. Sometimes they are rare sources,
and other times they cannot be checked out simply because so many people need to use them.
Many reserve materials are subject to a time limit for checking them out from the circulation desk
and returning them (2 hours, for example). Other sources may not be accessible to you, such as
some course-specific reserve materials which belong to professors and are for the sole use of their
students.
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Chapter 9: Law Library and Book Research 188
Usually, if you search for an item using an online
catalog, you will be able to see items which are in
the possession of the library but which are on re- PRACTICE ON POINT
serve (as well as any instructions for accessing those
items). Otherwise, if you are seeking research help
from a law librarian and he or she knows about a re-
serve item which can help your search, that infor-
mation will be passed along to you.
• Law libraries generally can be found
Section 9.3: Common Law in three places: law schools,
courthouses, and legal offices.
Library Sources
• Law libraries associated with law
While each law library may differ from others, there schools usually have a wider
are some sources which are available at nearly all selection of materials.
law libraries, and which will often provide the same
type of supportive information, no matter from • Even smaller libraries can borrow
where you are conducting your research. Here are sources from larger libraries.
some common source categories, with examples, ac-
companied by descriptions of their content. • You should acquaint yourself with
your local law library even before you
Primary Authorities secure employment as a paralegal, so
that you can comfortably use it as
Primary sources are among the most important soon the need arises.
sources that you can locate in your research. Prima-
ry authorities are, themselves, laws. This means that they will provide the strongest types of author-
ity available on any subject. Regardless of the subject of your research, finding primary authorities
will help to make the legal claims as strong as possible. Here are some examples of primary authori-
ties which are available at most law libraries, as well as helpful information as how best to use these
sources in your writing.
Constitutions
Constitutions are the original primary sources of law, both for the United States and for individual
states. Constitutions are usually not very detailed, and rely upon statutes and caselaw to explain
how the concepts they embody should be applied to specific situations. Click here to review the
Florida Constitution. Click here to read the
United States Constitution.
Judicial Opinions
Judicial opinions are commonly referred to as
“caselaw.” They are sources of law which come
from the judicial branch, as the result of cases
which are filed in court.
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189 Chapter 9: Law Library and Book Research
Judicial court opinions are produced in both federal and state courts. These judicial court opinions
at the state and federal levels can be found in law libraries. Opinions are published in books called
reporters. While the cases published in reporters are based upon geography and court level, they are
ordinarily ordered by publication/decision dates, as opposed to subjects. For this reason, it usually
is not productive to simply “read” reporters. Instead, you should use reporters to look up cases
once you have completed preliminary research information elsewhere, so that you will already know
whether a case is likely to be relevant to you before you look it up in a reporter.
Statutes
KEY TAKEAWAYS Statutes are sources of law which come from
the legislative branch. When you hear about
Congress passing laws, that information is re-
ferring to statutes. Statutes can be enacted at
Statutes are primary sources of law which
are created by the legislative branch. the federal and state levels, and there are also
local/municipal statutes.
Statutes are often modified based upon
judicial interpretation, via judicial opinions. Federal statutes are not simply passed and
Statute publications often cannot keep up then immediately published. Instead, statutes
with all law changes; therefore, when are published in three formats: (1) initially up-
researching statutes by hand, always make on issuance in a paginated pamphlet known as
sure to check the pocket parts for updates. a slip law, (2) in a compilation of slip laws in a
form known as session laws, which corre-
Statute reporters such as the U.S. Code
and Florida Statutes are organized into spond to a specific session of Congress and
Titles and ordered by subject. (3) when incorporated into a code as
“codified laws”. Click here to review how
statutes are enacted.
WHAT DO YOU THINK?
Administrative Rules and Regulations pertain to many areas, including the use
of paralegals. Where can you learn more about Administrative Rules and
Regulations?
Most research into administrative rules and regulations takes place in the Code of Federal
Regulations, or CFR.
Click here for a list of governmental departments and agencies.
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Chapter 9: Law Library and Book Research 190
The United States Code is published every
six years. It is broken down into 53 Titles,
ordered by subject. You can research stat-
utes in a law library at any stage of this pro- KEY TAKEAWAYS
cess through a combination of print and
online sources.
Secondary sources should be incorporated into
Individual state statutes are published in your research process, especially in the early
different sources. In Florida, for example, stages of the process.
statutory laws are codified in Florida Statutes. Common secondary sources include:
It currently has 48 Titles, with each Title
corresponding to an area of the law. The Periodicals
entire collection of Florida Statutes is pub- Restatements
lished annually and is likely to be available
at most Florida law libraries. Legal Encyclopedias
Treatises
Local and municipal statutes are published
in varying sources, based upon the munici-
pality. If you are searching for something in particular, you will be able to find help in the online
catalog, or you can ask the law librarian for assistance.
Administrative Rules and Regulations
Administrative Rules and Regulations are primary sources, like other first -hand sources of law. Ad-
ministrative law, or regulatory law, includes rules or regulations which apply to a specific govern-
mental body. The Department of Labor, for example, would be considered an administrative body
with its own rules and regulations. These agencies are responsible both for creating laws and for
their enforcement.
Administrative rules and regulations are codified in two places. The Federal Register is where the
rules are first published, while the Code of Federal Regulations (known as CFR) contains the codi-
fication of the rules and regulations. These resources are available at most law libraries.
Treaties
A treaty is a ratified agreement between countries. In the United States, treaties are maintained in
the United States Treaty Collection with the Law Library of Congress. This process covers treaties
entered into by the United States between 1795 and 1982. More recent information regarding trea-
ties is available from the U.S. Department of State. By visiting their treaty compilation here, and
many are available as searchable .pdfs. The website is free and available to the public.
Secondary Authorities
Secondary sources are not as powerful in terms of authorities used when making an argument to
the court. Secondary sources are powerful in other ways. Specifically, secondary sources can ex-
plain and clarify legal issues and can assist with the location of primary authorities which can pro-
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191 Chapter 9: Law Library and Book Research
vide support in court documents. While primary
sources must be cited to the court if they are
available and binding upon the legal issue, sec-
ondary sources are never required to be cited, but
WHAT DO YOU THINK? citing secondary sources can be helpful if you
cannot locate primary sources on your issue.
Here are descriptions of some common second-
Click here to learn about legal periodicals. ary sources which can be located at most law li-
braries, as well as information as to how each
What are some ways you might use source can contribute to your research.
legal periodicals in your research for
your Foundations client?
Periodicals
Periodicals are one of the most popular catego-
ries of secondary sources. Periodicals include
law reviews and journals, bar journals, and legal newspapers. If you are unfamiliar with these
sources, you may not understand why they can be so valuable to legal researchers.
Legal periodicals are used as a means of communication (via publication) for legal professionals
and law students. Many in legal fields (whether as professors or practitioners) can become well-
versed in a specific area of the law. Those professionals can then gather the research that they have
accumulated and draft an article for other professionals to read. The benefits are two-fold: publica-
tion is prestigious for the practitioner, and the published information itself can provide immense
benefits to readers who are researching a relevant topic.
Using periodicals in your research can add tre-
mendous value. You can learn about a narrow
area of the law from someone who has already CAREER CONNECTION
done the research and compiled relevant cases
and statutes. In addition, there are subject-
matter specific periodicals that can benefit re-
searchers simply by notifying them of the new-
est developments in the field. ∞ Legal encyclopedias provide
helpful information on general
Law libraries often carry subscriptions to a legal topics.
number of legal periodicals. In fact, one of the ∞ As secondary sources, they will not
only drawbacks to researching legal periodicals
is the sheer number of sources available. As al- carry as much weight with a court
ways, ask a reference librarian for more help if as primary sources.
you need it. Also, there are a number of online ∞ Due to their wide acceptance, you
research sources which can be used to access can use legal encyclopedias when,
legal periodicals online. Again, your reference as a paralegal, you are seeking to
librarian will be able to tell you which sources include a general definition of a
are likely to work best for your needs. term in your legal writing.
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Chapter 9: Law Library and Book Research 192
Legal Encyclopedias
Another reliable secondary source for research purposes is a legal encyclopedia. Legal encyclopedi-
as provide general information about various legal concepts. A legal encyclopedia is similar to a
general encyclopedia, except that it is focused on the law. Legal encyclopedias are arranged by top-
ic, and are ordered alphabetically. They can be especially helpful for those who are new to legal re-
search, as you can use a legal encyclopedia to look up a confusing term of art before moving on
with the rest of your research. Attorneys – especially those who have been practicing for some time
– can forget that new graduates need additional time to learn.
If your attorney tasks you with an assignment and you prefer to do some initial research to learn
about the subject at the outset rather than ask for additional information, you can use a legal ency-
clopedia to provide you with more information. As a reminder, you should always ask for help if
you still do not understand the foundation, nature, and/or scope of the assignment.
The two most popular legal encyclopedias are American Jurisprudence and Corpus Juris Secundum.
Both sources are available at most law libraries. Remember, however, that these sources are intend-
ed to be used nationwide, and therefore are unlikely to provide any jurisdiction-specific infor-
mation. Also, always remember to check the pocket parts of these resources for updates.
Treatises
Treatises are book-length compilations of information on an individual legal subject. Note that trea-
tises are different from treaties, despite the similar spellings. Depending upon the subject, a treatise
could be limited to a single book, or could expand into a multi-volume set. They can be educational
and scholarly, or they may be more practice-focused. Treatises include hornbooks and nutshells –
sources which can be highly instructive on particu-
lar topics.
PRACTICE ON POINT
Treatises can be used in your research by referring
to the table of contents to find your subject (or you
can seek help from a reference librarian). You can
also use the index if you are unsure where to start • ALI Restatements are highly-respected
from using the Table of Contents. You should, of treatises which address specific areas of
course, always use the most recent edition of a trea- the law.
tise, and check the pocket parts for updates.
• You can use the Restatements to learn
about an area of the law
ALI Restatements
• Restatements can be cited under certain
The Restatements are a particular treatise which is circumstances.
published by the American Law Institute, or ALI.
The American Law Institute is made up of respect- • Restatements are divided into legal
ed academics, judges, and practitioners. concepts, and are named for their
subject, such as Restatement of
Contracts.
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193 Chapter 9: Law Library and Book Research
The Restatements are based upon case law, and serve as a general consensus on how certain legal
issues are approached and treated by the courts. The Restatements differ from standard treatises in
that they are highly-respected by courts and the rest of the legal community. While the Restate-
ments are secondary sources (because they are not, in and of themselves, first-hand legal sources),
they are among the most well-respected of all secondary authorities. The Restatements are fre-
quently cited in legal documents filed with courts when citing general legal concepts.
Section 9.4: Basic Legal Research: Library Tools
and Strategies
Now that you have general information about
the resources available in law libraries and how
they can be used, here are some tools and strat-
egies addressing how to best to use law library
resources to assist you in both your research,
and in your career in general.
American Law Reports
While it may sound strange to say, American
Law Reports are a source which can be used to
find more sources. American Law Reports is abbreviated as ALR. They are published by West, the
same publishers who provide the Westlaw online source database service. Click here for a video
on how to use the ALR.
ALR are used for the annotations that they contain. Annotations are references to sources which
address an area of law. This means that you can use the ALR even with little knowledge about an
area of the law, and can quickly find a list of
relevant sources to use as a starting point
for your research. KEY TAKEAWAYS
These annotations are more than just case
references. They are mini-articles, or full dis- Case law information can be found either in
cussions of legal concepts based upon the print or online. Cases are published in
sources referenced. They contain a list of reporters.
cited cases at the beginning, and a thorough Reporters are published consecutively.
analysis of the existing law.
To find cases relevant to your topic, it is
Case Law Research recommended that you begin with secondary
sources.
Case law is essential to any legal argument.
Of all of the sources that you research, the After secondary sources have pointed you
case law will arguably be the most im- towards helpful case law, you can use the
portant, as it provides guidance as to how a reporters to look up the referenced cases to
court should (and often must) rule on a legal determine whether they add value to your
issue. research.
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Chapter 9: Law Library and Book Research 194
When researching case law in a law library, a best practice is to start with other sources to guide
you as to which cases will be relevant to your question. For example, you cannot simply pick up a
regional reporter and start reading cases, hoping to find the information that you need. This is be-
cause courts hear a number of cases on a variety of
topics, and the cases themselves are published ac-
cording to when they are heard, as opposed to being PRACTICE ON POINT
organized by topic.
When you are searching for case law in a law library,
you should begin with sources such as the ALR or a • Both federal and state statutes can be
legal treatise to help you understand the issue and to found in law libraries.
provide you with cases that are relevant to your top- • Federal statutes are published in
ic. From there, you can search for cases that have sources known as Codes.
cited the sources referred to in your secondary • Statutes are published under titles
source (such as by using the Shepard’s process out- referring to specific areas of the law,
lined earlier in the Chapter) to locate case law that is making them easier to search by hand
relevant and/or binding in your jurisdiction. in comparison to case law.
• Using secondary sources prior to
Case law is one legal source for which the research searching through statutes is highly
process is quite different based on whether the pro- recommended to streamline the
cess is completed using an online program, or by research process.
hand in a law library. This is because cases can be
word-searchable when using online tools. Using an online database, you can search for a word or
group of words and find a case which is relevant to your issue.
Note, however, that while the online case law search system may sound more productive, in reali-
ty, in some instances, the opposite may be
true. If you have the ability to search
through cases using word searches, you may
be tempted not to narrow down your field
KEY TAKEAWAYS and simply jump into the search function it-
self. By using secondary sources first, you
can limit your searching to those cases
Administrative laws are laws which cover which are actually relevant to your topic, as
federal agencies. oppose to sifting through endless cases
which happen to include a specific word or
If you are searching for information about phrase.
which types of agencies may have
administrative laws on your subject, the
United States Government Manual and/or the One helpful tool for researching cases in
Federal Regulatory Directory can help you books is to use a legal digest. A digest is a
learn about agencies. secondary source that can help you to lo-
cate cases on a specific topic. Digests are
Treatises can be helpful when researching like indexes in that they are organized by
administrative laws. subject, but they actually contain a summary
of the opinions contained within that sec-
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195 Chapter 9: Law Library and Book Research
tion. West digests organize their cases using headnotes and key numbers. Headnotes and key num-
bers are found at the top of the case. If, for example, you already have a helpful case in hand, then
you can look at the numbers contained at the top of that case to find the numbers that you need to
locate other, related cases. The keys are “connected” in terms of a system that cross-references re-
lated topics. It is important to understand that the key note content is not part of the official case
opinion. Rather, it is there for purposes of cross-referencing and as a research tool.
If you do not have a helpful case on hand and are starting from scratch, you can use the Descrip-
tive Word Index (usually found in the last two volumes of a digest set) to help you find a relevant
key number. The index will also likely have a cross-reference to help you find more useful terms.
Once you have located a digest and volume number
for your topic, you simply find your key number
and read the headnotes to find more cases. In this PRACTICE ON POINT
way, you can find streams of relevant cases even
without having access to online databases.
Statutory Research
Statutes, unlike case law, are grouped according to
topic, usually into titles. Therefore, if you have a • The Federal Rules of Civil Procedure
broad legal issue, you can narrow it down by look- are some of the most oft-cited
ing through relevant statutes and finding those materials in all of civil litigation.
which apply to your issue. However, like case law,
your research will be much more productive if it is • States can adopt their own local
based upon information located in secondary rules, but most are based upon the
sources. For example, if you find a treatise or legal federal rules.
periodical which addresses your topic, you can read • A procedure exists for amending the
that source in order to discover which statutes ap- rules; the most recent substantive
ply to your case. Then, you will know exactly which amendments were intended to
statutes to turn to when it comes time to research- recognize the increased role of
ing the statutes themselves. electronic records.
When researching statutes manually, you will see that you have the option of “annotated” or
“unannotated” statutes. While unannotated statutes contain the text of the law and perhaps a bit of
history, annotated statutes include references to other legal sources which address the subject of
the statute. These other sources include case annotations, which are cases specifically selected to
help to clarify a subject. Annotations are summaries of judicial opinions which relate to your par-
ticular statute. This means you can locate a statute that is relevant to your topic and see a list of
cases that help to illustrate the topic. Using annotated statutes can help you to quickly transition
your research from statutes to case law. You can combine this process with the digest process
above (using headnotes and key numbers) to help you compile a well-rounded list of sources for
your legal topic.
Also, remember that case law tends to modify or explain statutory law. Therefore, even if you find
a statute which you believe solves your question, you should still look for case law which cites that
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Chapter 9: Law Library and Book Research 196
statute in order to see whether a court has
explained or narrowed that citation in a way
which affects your case. KEY TAKEAWAYS
Administrative Research
Administrative law has the same legal effect Treatises and loose-leaf services are intended
as statutory law, except that administrative to help the reader understand different areas
laws are promulgated and enacted by federal of law.
agencies. You can, and should, approach ad- One example of a treatise is a hornbook,
ministrative law research as you would stat- which is used to help law students understand
utory law research. a course subject.
For practitioners, looseleafs are more
One helpful resource for administrative law common treatises. They include forms and
research is an administrative law hornbook. primary source information which can be
To recap, a hornbook is a type of treatise. easily updated.
Just like statutory sources, you can narrow
and focus your administrative law research
by looking to secondary sources such as treatises for assistance. Also, if you need information
about which types of agencies may have administrative laws on your subject, the United States
Government Manual and/or the Federal Regulatory Directory can help you learn about agencies.
Most law libraries carry these manuals, or they are available online for free.
Federal Rules of Court
The practice of law is, itself, governed by specific rules pertaining to courtroom practice. When
practicing in federal court, the rules are known as Federal Court Rules. These rules govern litigation
in the federal courts. The most popular of these are the Federal Rules of Civil Procedure, which
contain rules which must be followed by those pursuing cases in federal court. They cover a num-
ber of topics such as discovery and witnesses.
Federal rules are overseen by the United States
Court Systems. Federal Rules are available at HOT TOPICS
your local law library, and are also available for
free online here.
When it comes to Federal Rules of
In addition to the Federal Rules, states have their Procedure and other procedural rules,
own rules of civil procedure which are often rule change proposals require research
based upon these federal rules. For example, the and often involve extensive discussion.
Florida Rules of Civil Procedure are available at Click here to view a panel discussion on
any Florida law library, and are available in .pdf key areas of proposed change to the
format here. Federal Rules of Civil Procedure:
eDiscovery
Many law practitioners become familiar with the
rules of civil procedure over time and do not Privacy
need to research their contents repeatedly. How- Security
ever, like any other facet of law, the rules them-
selves can be modified by case law. Therefore,
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197 Chapter 9: Law Library and Book Research
you can – and should – Shepardize court rules when looking for guidance as to the implementation
of a specific legal rule. You should also read the Committee Notes for a picture of the history and
direction changes.
In addition, when you are first beginning your work as a paralegal, you should study the rules of
civil procedure for guidance as to how the civil process itself works. Reading the rules will provide
you with information such as how a lawsuit is started, how parties are served, and the types of
pleadings that must be filed. This is research which is well-suited for a law library, as you can search
through these resources at your own pace and return to them as necessary.
Treatises and Looseleafs
Treatises are legal handbooks which can provide information on a specific type of law. Hornbooks,
for example, are a type of treatise popular with law students for a simple, easy-to-understand com-
pilation of information about individual legal concepts. They are similar to subject-specific legal en-
cyclopedias, except with much more detail.
Looseleaf services are a type of treatise which serve to benefit practitioners. They are like continu-
ously-updating treatises, as the books themselves are repeatedly supplemented with additional pag-
es of information. They are published in a loose-leaf binder format (hence the name) which makes
it simple to remove and replace pages as necessary.
As a paralegal, you can use treatises and looseleafs to supplement your education, especially when
first starting out in a specific field. For example, say that you secure employment with an attorney
who specializes in maritime law. You are unlikely to receive a top-to-bottom education in maritime
law during your education as a paralegal, given the specificity of the field. By reviewing treatises,
you can learn more about the history of maritime law and the relevant issues faced by maritime law
practitioners. A looseleaf service would serve to continue your education via forms, tables, and
even relevant primary source information. Ask your local library about the treatises they carry, and
check to see if your firm has subscriptions to any looseleaf services.
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Conclusion
Conducting law library research can be intimidating for those who are used to conducting research
online in their daily lives. However, as a paralegal, researching legal tasks and topics will account
for a facet of your professional responsibilities. The nature and extent will vary based on your
chosen career direction. Regardless of the scope, the skills are integral in terms of knowledge and
ability. You will be tasked with conducting research which is thorough, yet also efficient. Using a
law library can help you to accomplish your research goals while expanding your legal knowledge
in the process. Learning about law library usage is a prudent way to enhance your knowledge base
and skills for your own benefit, as well as for the benefit of the firm.
Law libraries carry numerous sources which can help you conduct research, from reporters con-
taining state and federal cases, to codified statutes and administrative laws. You can – and should
– use secondary sources available through the law library to learn more about legal topics and to
provide you with a roadmap to relevant primary sources. Secondary authorities such as treatises
and legal periodicals can simplify searches and start your legal research and writing off on the right
foot.
If you need assistance, the law library website and online catalog can help you find what you are
looking for. Use the available law library technology to your advantage. From a resource stand-
point, the reference librarian provides invaluable assistance, especially to those new to the process.
You are also able to access online sources such as Westlaw and Lexis at most law libraries, making
them a one-stop shop for all of your research needs. Whatever your topic, your local law library is
a wonderful place to find the answer to your legal question.
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