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Starting Places for Legal Research Projects
Research Basics #11 - Dorraine Zief Law Library Handout
Introduction
A good starting point will save time and help you be more thorough by:
explaining key concepts and rules; citing and analyzing important cases,
statutes and regulations; and contributing to effective online
research by introducing common terminology.
The best way to start legal research is with a secondary source—
whether online or in print. A secondary source is any source that explains and
analyzes the law. Most legal secondary sources have extensive citations to primary
sources, such as cases, statutes, and regulations. This guide reviews some secondary
sources that can help you make a good start with many U.S. legal research projects.
For more advice specific to your research, consult a reference librarian at 415-422-6773.
Choosing a Place to Start
Where to begin
depends on your familiarity with the subject you're researching.
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Nutshells,
hornbooks, other law student study guides, or encyclopedias.
These are useful you're unfamiliar with the topic or area of law.
Advantage:
you'll quickly gain a basic understanding of the area of law, and you can
then move on to more detailed sources.
-
Treatises,
law review articles, or ALR annotations (in print or online).
These are useful once you have basic familiarity with the topic or area
of law.
Advantages:
you'll deepen your expertise and find cites to relevant cases, statutes,
and regulations.
-
Comprehensive
looseleaf services (in print or online).
These are useful if you're already an expert in the subject and are ready
to seek specific citations relevant to your narrow issue.
Advantage:
you'll find extensive and well-organized selections of (or citations to)
primary authority.
Finding Starting Places
at USF's Zief Law Library
Nutshells, hornbooks,
other study guides, encyclopedias
-
Nutshells
Search Ignacio
(http://ignacio.usfca.edu), USF's online catalog, by key word. Include nutshell
in your search (e.g., bankruptcy and nutshell).
-
Hornbooks
and other study guides
Search Ignacio
by key word. Enter terms describing your topic (e.g., copyright),
Then, select "Law Open Reserve" or "Law Reserve" from
the "Location" pull-down menu and run your search.
Or, search by subject (e.g., discrimination in employment). Then, select the
"Limit this Search" link and choose "Law Open Reserve" or
"Law Reserve" from the "Location" pull-down menu.
-
Encyclopedias
Check the
indexes to these titles (or search on Westlaw):
- American
Jurisprudence 2d (AMJUR
database on Westlaw), KF 154 .A42 LAW REFERENCE
- Corpus
Juris Secundum, (CJS
database on Westlaw) KF 154 .C68 LAW REFERENCE
- Cal.
Jur. 3d (CAJUR
database on Westlaw), KFC 80 .C32 LAW STACKS
Treatises, law
review articles, ALR annotations
-
Treatises
The best
treatises combine explanations with citations to leading primary authority.
-
Law review articles
A law review article will contain both useful explanations (often of very arcane topics
or issues) and plentiful footnotes citing primary authority.
-
ALR annotations
ALR ("American Law Reports") annotations survey and cite to the law
of all state and federal jurisdictions on selected state and federal legal topics.
They are the product of thorough research by the publisher's staff.
- Search ALR's excellent printed index: KF 132 .A59 1992 LAW REFERENCE
- Search by key word in ALR on Westlaw. (Westlaw database: ALR.)
Comprehensive looseleaf services - annotated primary authority
A looseleaf service
provides minimal explanation but plenty of citations to primary materials. Many
services also reprint cases, statutes, regulations, and other important documents.
Here are three methods to find these looseleaf services that might help with
your research.
-
Ask a reference
librarian (415-422-6773) for suggestions.
-
Search LawTRIO,
(from law school workstations), selecting "looseleaf" format.
Look especially for the publishers Bureau of National Affairs (BNA), Commerce
Clearing House (CCH), West Group, and Aspen. (USF does not subscribe to
all of the looseleaf sources listed in LawTRIO but we may be able to refer
you to another library.)
-
Search Ignacio,
the online catalog, by key word or by subject, limiting your search by publisher.
Go to Law
Library Research Guides
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