LEGAL RESEARCH

WORKSHEET #1 - ENCYCLOPEDIAS AND DICTIONARIES

Class #3 will meet at the George Mason University Law School Law Library. This facility is located at 3301 North Fairfax Drive in Arlington, VA. (The address itself was 3401 when this was written, but I was assured that it was soon to be changed to 3301).

Your first research assignment is to find the library!

Directions from Route 50 in Rosslyn....take the 10th Street exit and follow 10th Street until it turns into North Fairfax Drive..you will see a modern circular-shaped building about 4 stories high on the right.

It is also accessible via the Arlington exit from METRO.

If you get lost, call (703)993-8120 for directions.

Bring lots of quarters for parking if you drive.

Remember to sign in at the information desk when you enter.

This will be the first time many of you have experienced the thrill (and maybe terror) of a law library. First, I would like for you to relax and wander around a bit.

This library is well-organized and a schematic has been given to you in class (and if you forgot yours, one is available at the information desk).

The first part of this worksheet should help you become familiar with legal encyclopedias and dictionaries.

1. Locate Corpus Juris Secundum, American Jurisprudence 2d and Michie's Jurisprudence for Virginia and West Virginia in the library.

2. For each of these publications, pick a topic of interest to you. Locate a reference to that topic in the General Index (the one at the end of the set). Check out that reference in the main volumes. Describe below the topic, the words used in the index to locate that topic, and a brief summary of that topic that was found.

a) Corpus Juris Secundum ______________________________

_________________________________________________________________

b) American Jurisprudence 2d __________________________

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

c) Michie's Jurisprudence for Virginia and West Virginia ________________________________________________________

3. Now look in the back of the volume in which you found the discussion of the topic (or if the topic covers more than one volume, in the back of the volume in which that topic ends), and find the 'Topic' or 'Volume' index. Locate the same reference in that index for the topic just researched. This exercise applies only to CJS and AmJur2d, not Michie's. Describe whether the same words used in the general index also worked in the volume index and whether the volume index seemed to you to be easier to use:

__________________________________________________________________________________________________________________________________

4. Note also the table of contents (also called the 'analysis') at the beginning of the topic itself in the main volume. Locate the section in that table of contents which covered the topic you researched. Give the section number of that topic: ______________

5. Answer the following from Michie's Jurisprudence:

a) Our client was in an automobile accident. The other driver was at fault but our client was also partly to blame. We need to know whether the doctrine of comparative negligence applies in Virginia or whether the doctrine of contributory negligence will be a complete defense for the defendant.

Virginia follows the doctrine of (contributory) (comparative) negligence. The answer was found in ______________

_______________________ (Topic and section number).

_____________________________________(Words used to find the answer in the index)

b) In Virginia, is a physician exempt from jury duty?

(Yes) (No) - _________________________(Topic and section number)

______________________________________(Words used to locate the answer in the index)

c) In Virginia, are parents liable for the torts of their children? (Yes) (No) - ___________________________(Topic and section number) -- _____________________________________ (Words used to locate the answer in the index).

d) In Virginia, will an undisclosed principal be liable for the acts of his agent? (Yes) (No) -__________________________

(Topic and section number) -- ___________________________________

(Words used to locate the answer in the index).

6. Find the following using American Jurisprudence 2d:

a) According to recent authority, in a juvenile court proceeding, are juveniles entitled to the constitutional protection against double jeopardy? (Yes) (No) - ________________

(Topic and section number) -- ___________________________________

(Words used to locate the answer in the index).

b) Does a person who enters the military service thereby lose the domicile which he had before he entered the service? (Yes) (No) - _______________________(Topic and section number) -- ________________________________ (Words used to locate the answer in the index).

c) In the absence of a statute, is a conversation between an accountant and his client a privileged communication?

(Yes) (No) - ____________________________ (Topic and section number) ____________________________________ (Words used to locate the answer in the index)

7. Find the following using Corpus Juris Secundum:

Is competition an essential element of 'drag racing?' (Yes) (No) -- _____________________________(Topic and section number) -- ________________________________(Words used to locate the answer in the index)

8. Locate the set of books by West called Words and Phrases. Look up a word or phrase that is of interest to you. Note that there are references to cases which describe that word or phrase, with brief descriptions. You should be able to get a good understanding of that word or phrase from these descriptions.

Note the word or phrase and how many cases were found:

_________________________________________________________________

LEGAL RESEARCH

WORKSHEET #2

COURT REPORTS AND CASE DIGESTS

I. Locate the following case in two different court reporters.

217 Va. 100 (Volume 217 of the 'Virginia Reports' - page 100)

225 S.E.2d 403 (Volume 225 of the Southeastern 2d Reporter, page 403)

Take your time and compare the two versions of this case.

Note that the 'opinion' is exactly the same. It's the added ('editorial') material designed to help the reader that differs.

Compare the 'headnotes' - the summaries at the beginning.

Note that the headnotes, while they cover the same material, are different.

Which version of this case do you prefer? Why? ____________

_________________________________________________________________

Locate any indexes or tables designed to assist the reader that are found in each of these books. Which reporter gives more editorial benefits? ____________________________________________

II. Find any volume of the Virginia Court of Appeals and pick any case from that volume. Compare the format with the case from the Virginia Reports. Note any indexes or tables found in this volume. _________________________________________________________

Find any volume of the Supreme Court Reporter (by West) and peruse a case in that volume. Note the similarities with the Southeastern 2d Reporter.

Note that all West reporters have key numbers above the headnotes.

III. Pick any case of interest to you from any reporter. Read that case and choose the most important issue discussed. Summarize that issue briefly (one or two sentences). This summary should include the principle or rule of the case and should be clear to anyone reading it:

___________________________________________________________________________________________________________________________________________________________________________________________________

DIGESTS

I. Locate the decennial digests by West. Go to the index of any of the decennial digests and pick a topic of interest to you. Note that the index refers you to a Key Number rather than a section or page.

Look up the topic you chose in the main volume of that decennial digest. Note approximately how many cases (or pages of cases!) are included under that key number.

Note also that the cases are listed in a particular order, beginning with U.S Supreme Court cases, U.S. Court of Appeals cases, U.S. District Court cases, and then appeals court cases from the states (listed alphabetically).

II. Using that same key number, locate the cases in the Supreme Court Digest, the most recent Federal Practice Digest and the Virginia-West Virginia Digest. Be sure to also check the pocket supplements to these digests.

Note how much easier these digests are to use than the decennials were.

III. Use the Virginia-West Virginia Digest and answer the following questions briefly, indicating the appropriate key number and the words used to find that key number in the index:

a) Does Virginia follow the doctrine of 'divisible divorce?' _______________________________________________________ __________________________________________________________________________________________________________________________________

b) Under the doctrine of eminent domain in Virginia, does a landowner have the right to receive interest as an element of compensation? ___________________________________________________

__________________________________________________________________________________________________________________________________

c) In Virginia, can a defrauded person include his expected gain against the defendant in an action for fraud? ______________

__________________________________________________________________________________________________________________________________

d) Is dictation to a stenographer considered 'publication' under the law of libel and slander? _____________________________

__________________________________________________________________________________________________________________________________

e) Is there ever a duty of support of adult children by parents in Virginia? ____________________________________________

__________________________________________________________________________________________________________________________________

LEGISLATION

Answer the following questions using the Virginia Code. Include the section number.

1. In Virginia, does a person wearing a motorcycle have to wear a helmet?

2. In Virginia, is wake-jumping by operators of personal watercraft (jet-skis) illegal?

3. What Virginia statute empowers magistrates to issue arrest warrants?

4. What is the venue for child support cases in the Juvenile and Domestic Relations court?

5. What is the Virginia statute that allows minors over the age of 15 to acquire learners= permits?

Answer the following questions using USCA or USCS. Include the section number.

1 Who fixes the amount of pay for the National Zoological Park police force?

2. May the Secretary of the Smithsonian Institution authorize the employment of aliens?

3.Can instructors of the National Guard use public buildings for their offices?

4.How many members are authorized for the National Advisory Committee on Oceans and Atmosphere?

5. The United States Postal Service was established as an independent establishment of which branch of the U.S. government?

ANSWERS TO LEGISLATION

From the Virginia code:

1. Motorcycles/helmet violation C 46.2-910

2. Wake jumping/reckless operation of personal watercrafts C 29.1-738.03 (pp)

3. Magistrates/power to issue arrest warrants C 19.2-45

4. Child support/venue/Juvenile and Domestic Relations district court proceedings C 16.1-243

5. Drivers Licences/minors over age of 15 years/learners permit C 46.2-335

From USCA or USCS:

1. National Zoological Park/police force/pay and allowances/basic pay rates C 5 USCA 5375

2. Smithsonian Institution/secretary/aliens, employment of C 20 USCA 46a

3. National Guard/public buildings, use for offices by instructors C 32 USCA 707

4. National Advisory Committee on Oceans and Atmosphere/establishment C 33USCA 857-13

5. Postal Service/establishment as independent establishment C 39 USCA 201

AMERICAN LAW REPORTS

Locate the following points of law in A.L.R. 3d:

1. Claustrophobia as grounds for disqualifiying a juror.

2. Negligence and contributory negligence in a suit by a rescuer against a rescued party.

3. The common law copyright in the spoken word.

4. The penal offense of sniffing glue or similar volatile intoxicants.

Use the historical table to locate later annotations for the following:

5. 42 A.L.R. 3d 560

6. 75 A.L.R. 3d 1000

Use 21 A.L.R. 3d to answer the following:

7. Where can one find a discussion of due diligence in the mitigation of damages due a landlord?

8. If you were drafting pleadings, where might you find a form on the same topic?

9. What New Hampshire case is represented?

10. Does the annotation discuss leases of advertising space?

ANSWER SHEET FOR A.L.R.

The following trigger words were found in the Quick Index to locate the answers:

1. Claustrophobia/jurors

2. Contributory negligence or assumption of risk/rescue doctrine

3. Copyright/spoken word, common law

4. Volatile intoxicants

7. See >due diligence= in the index for the annotation

8. See the block on the first page: Total Client Service Library reference

9. See Table of Jurisdictions Represented

10. See the Index for the annotation

SHEPARDS CITATIONS

In each of the following assignements, give the name of the case or statute and its citation. Then look up the case in the appropriate Shepards volume and list and explain the first 7 entries under it.

1. Pick any case from the National Reporter System:

Name of case _____________________________________________

Citation _____________________________________________

Entry Explanation

_________ _____________________________________________

2. Pick any case from the Federal 2d Reporter:

Name of case _____________________________________________

Citation _____________________________________________

Entry Explanation

_________ _____________________________________________

3. Pick any statute in the United States Code Annotated:

Name of statute ___________________________________________

Citation ____________________________________________

Entry Explanation

_________ ____________________________________________