________________________________________________________________
Guide to Legal Research _____________________________________ BOSTON COLLEGE LAW LIBRARY Legal research is a search for statements of the law found in statutes, cases, or other primary sources (for example, treaties) that can be used to predict how a court would decide a dispute involving a specific fact situation. Legal research can be done with books or computer databases or both. Like many other disciplines, the law seems to have a language all its own. For help in deciphering legal terminology, consult a legal dictionary. Usually there will be references to cases that define the term. Be forewarned though that a term may have more than one meaning! If you have a topic, and would like some background knowledge on it, go to a legal encyclopedia. Again references to cases will usually be made. For information on understanding citations to cases (as well as statutes or other sources), refer to, in Scribd.com, Legal Research _ Citiations (U.S.). For more in depth information on your topic, refer to a secondary source such as a law review article or an article in American Law Reports (ALR). Law review articles serve a number of purposes for the legal researcher. They provide a starting point for legal research in an unfamiliar topic, and offer both an historical perspective as well as a statement of the current status of the law in a specific area. Authors document their articles thoroughly with footnotes, which a researcher can use to quickly locate cases, statutes or other primary sources on point. Finally, law review articles may be persuasive in convincing judges to apply a particular interpretation of existing case law and statutes where no relevant primary legal authority exists within the jurisdiction. Use an index to find citations to law review articles on your topic. There are two very good law review indexes: Index to Legal Periodicals and Current Law Index. Both are available in print and electronic formats. An increasing number of law reviews are posting their contents on the Internet. However, more than likely you will have to read the articles you are interest in, in print form.
1
An article in the American Law Reports contains both quotes of court decisions and analysis of the point of law found in the cited cases. The advantage of this article is that a specific point of law is usually covered and many cases related to that point are included. To see if there is an ALR annotation on your topic, use the ALR Index which is also available in print and electronic formats. Statutes are laws enacted by a legislative body. They are binding on persons under the jurisdictional authority of the legislative body. Statutes are what most people call “laws.” While statutes are presumed to be clear as to their meaning, it is usually necessary to consult court decisions to determine how a particular statute is applied within the jurisdiction. Statutes are published in three different forms: slip laws, session laws and codes. Each form provides advantages for different research needs. Slip laws are individual copies of laws published as soon as they are enacted. Session laws are chronological compilations of the laws passed by a particular legislature within each session. Codes are topical arrangements of all the permanent general laws in force in a particular jurisdiction at a particular point in time. Most statutory legal research is conducted using codes, since they provide the most complete picture of what the law is at a particular time by bringing related provisions together and incorporating amendments into the text. A special type of code, called an annotated code, provides references to cases that have applied the statute and to other research aids. Slip laws are separate copies of individual laws. They have no indexes since each law is published separately. Session laws contain the complete text of laws exactly as they were enacted. There usually is an index to each legislative session, but to find a session law using the annual or biennial index, a researcher would have to know the legislative session during which a law was enacted. Luckily, code volumes usually contain references to the session law or laws that have been incorporated in a particular code section. This makes it much easier to find a session law. Session laws are the most authoritative form of the law. If a difference in the wording of a statute occurs in its code form and its session law form, the words of the session law are controlling. Session laws are used in historical research, in compiling legislative histories, and are cited as proof of the historical fact of enactment, amendment and repeal. They also are useful in determining which laws were in force at a particular time. In a code set, code sections on specific topics may be located by using indexes at the backs of individual volumes or in separate volumes at the beginning or end of the code set. Codes are kept current with supplemental volumes, pocket parts and
2
pamphlets in print form while the most recent version is contained in electronic form. In line with statutes are regulations. Regulations, also called administrative rules, are a form of delegated legislation. Legislatures delegate to administrative agencies the power to create or promulgate regulations, especially when they want to establish complex controls or incentives that require close monitoring or specialized knowledge. Regulations have the force and effect of law when an administrative agency promulgates them within its authority and according to appropriate procedures. Regulations frequently provide detailed instructions on how to comply with a law. Publication of regulations provides constructive notice of their contents. Regulations are published both chronologically and topically. Chronological publications are called administrative registers. Topical arrangements of regulations are called administrative codes. For example, federal regulations appear chronologically in the order in which they are promulgated in the Federal Register and topically in the Code of Federal Regulations. Administrative registers and codes can be found in print or a variety of electronic formats. One should be aware of uniform laws. Uniform laws are state statutes patterned after a model law to ensure that laws are similar from state to state for easier interstate relations. Uniform laws should not be confused with federal laws. Uniform laws concern matters that are reserved to the several states and have an impact on other states. Following this approach should give you sufficient legal authority (cases and applicable statutes, and other sources) for your topic.
_____________________________________ Acknowledgement: Adapted from Boston College Law Library Legal Research Guide #11 (Legal Sources for Non‐Law School Courses), Legal Research Guide #3 (Using Law Reviews), Legal Research Guide #4 (Using Statutes), and Legal Research Guide #7 (Regulations Research). “Permission to reproduce is hereby granted except for use in items to be offered for sale. Please credit the Boston College Law Library.”
3