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LEGAL RESEARCH
| Term | Definition |
|---|---|
| Sources of Law: (federal and state) #1 | Constitutions |
| Sources of Law: (federal and state) #2 | Statutes |
| Sources of Law: (federal and state) #3 | Court Opinions (often referred to as cases) |
| Sources of Law: (federal and state) #4 | Administrative rules and regulations |
| US Constitution #1 | Executive Branch- Administrative Regulations |
| US Constitution #2 | Legislative Branch-Statutes |
| US Constitution #3 | Judicial Branch-Court opinions/cases |
| Court Structure (US) #1 | US District Court (LA) * Middle – Baton Rouge * Eastern – New Orleans * Western – Lafayette |
| Court Structure (US) #2 | US Courts of Appeals (LA-5th Circuit) – New Orleans |
| Court Structure (US) #3 | US Supreme Court – Washington, DC |
| Court Structure (LA) #1 | Trial Courts: 49 City Courts |
| Court Structure (LA) #2 | Trial Courts: 3 Parish |
| Court Structure (LA) #3 | Trial Courts: 1 Family |
| Court Structure (LA) #4 | Trial Courts: 4 Juvenile |
| Court Structure (LA) #5 | Trial Courts: 42 District Courts |
| Court Structure (LA) #6 | Trial Courts: 250 Mayor’s Courts |
| Court Structure (LA) #7 | Trial Courts: 382 Justice of Peace Courts |
| Court Structure (LA) #8 | Court of Appeal LA: 1st Circuit – Baton Rouge |
| Court Structure (LA) #9 | Court of Appeal LA: 2nd Circuit – Shreveport |
| Court Structure (LA) #10 | Court of Appeal LA: 3rd Circuit – Lake Charles |
| Court Structure (LA) #11 | Court of Appeal LA: 4th Circuit – New Orleans |
| Court Structure (LA) #12 | Court of Appeal LA: 5th Circuit – Gretna |
| Court Structure (LA) #13 | LA Supreme Court – New Orleans |
| Type and Weight of Authority | Primary vs. Secondary Authority |
| Type and Weight of Authority | Mandatory vs. Persuasive |
| Primary Authority | Primary Authority is the term used to describe rules of law. * Include: constitutional provisions. Statutes, court opinions, and administrative rules |
| Secondary Authority | Secondary Authority refers to commentary on the law or analysis of the law * Include: Articles written about law, law reviews, etc. |
| Mandatory | Mandatory authority refers to authority that the court is obligated to follow. * Contains rules that you must apply to determine the correct answer to the issue you are researching. |
| Persuasive | Persuasive authority refers to authority that the court may follow if it is persuaded to do so, but no required to follow. |
| Status (Primary vs. Secondary & Mandatory vs. Persuasive) Rules #1 | Secondary authority – always persuasive |
| Status (Primary vs. Secondary & Mandatory vs. Persuasive) Rules #2 | Primary authority – sometimes mandatory, sometimes persuasive * Level of the Court * Jurisdiction |
| Source Driven Research Planning | Jurisdiction – Type of Authority – Content |
| Content Driven Research Planning | Specific – Jurisdiction – Type of Authority |
| Developing a Research Plan #1 | Define the scope of your research project and the issue(s) you need to research |
| Developing a Research Plan #2 | Generate a list of search terms specific to your research issue(s) |
| Developing a Research Plan #3 | Plan your research path for each issue |
| Developing a Research Plan #4 | Execute your research plan to search for relevant information |
| Developing a Research Plan #5 | Assess the information you find and update your research to ensure that all the information is current |
| Developing a Research Plan #6 | Revise your search terms and research plan as necessary and repeat the search process to complete your understanding on your research issue. |
| Citing of Legal Authority #1 | The Bluebook: A Uniform System of Citation |
| Citing of Legal Authority #2 | ALWD Citation Manuel: A professional System of Citation |
| The Bluebook | * Bluepages and corresponding Bluepages Tables * Text of the Citation rules in the Rules section of the Bluebook * Tables * Finding tools for locating individual citation rules * Blue Tips and Bluebook updates |
| The ALWD Manual | * Table of Contents and Index * Text of the Citation Rules * Appendices * “Fast Formats” and “Snapshots” * ALWD Manual website |
Created by:
MEBrock
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