Secondary Sources And Case Finding

FIFTH HOUR LEGAL RESEARCH PROGRAM FALL 2013

I.R.A.C.
Identify the legal issues in a factual situation this includes Is there a short answer or Rule that could be applied? How is the rule Applied? Does the answer depend on the

capturing the relevant facts and determining the jurisdiction.

jurisdiction? Are there gaps in the law?

Gather information, update information and reach Conclusions.

Major Premise

Components

Factual Illustrations

Issue Statement For Research

Research to determine what test, or tests, the court will use to evaluate Ms. Lees claims, and how likely Ms. Lee is to prevail, in whole or in part. Step 1: Draft an issue statement for research consisting of keywords, terms and concepts that you will use to locate materials and evaluate what you 5Ws Plus (Who, What, When, Where, Why, Legal Theory, Jurisdiction, Procedural Posture)
Or

TAPP (Things, Actions, People, Places)

Terms and Concepts

- Alyssa Lee - Employees at OneStop Shop (secular, nonreligious corporation) - Women

- Contraceptive coverage mandate - Religious exemption - accommodation for religious employers - IUD, Plan B (morning after), Ella week after), abortifacients

- Free Exercise Clause - Religious Freedom Restoration Act (RFFA)

Start with a Secondary Source to understand facial challenges and leading cases
Treatises cover the leading cases. Search the Treatise Finder

or Morris (law library catalog). Find an on-point ALR.

Use WLN, LA.

Law review articles provide context and recent analysis: Using Google Scholar (confirm Settings / Library / Yale University Library) Using WLN or LA or Hein Online Find materials produced by Advocacy Groups. What types of organizations would be interested in the issue?

Womans Rights Reproductive Rights Healthcare Research Groups Religious Freedom/Liberty Groups

Use site:www.XYZ.org search terms.

Identifying the legal issue and the rules

Find Supreme Court case that apply a test to determine whether a religious employer qualifies for a religious exemption or accommodation to provide coverage for certain contraceptive drugs.

Is One-Stop Protected Under RFRA and Free Exercise Clause of the US Constitution?

Is One-Stop substantially burdened by the government, and if so, can the government demonstrate that the action/requirement is narrowly tailored and the least restrictive.

Finding and updating cases

Retrieve by citation or case name: Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013). Headnote searching Westlaw = Key Numbers: 92k826 Lexis Advanced = Shepardize this headnote / Activate Passages Legal Issues Trail

Take a relevant case, then conduct further searching with updating

through KeyCite or Shepards. Restrict by:

Jurisdiction Headnotes Document Type Search terms

Boolean and Natural Language Searching if you feel the need for

even more cases!

Using Headnotes

Good Law? Use a Citator

1. 2. Citator = Shepards (Lexis) / Keycite (Westlaw) / Bcite (BloombergLaw) it lists authorities that cite an authority that you have already found. Using citators is the most technical task -- and one of the most important -- in legal research. Kuntz, Process of Legal Research (emphasis added). a citator will indicate how citing cases viewed or used your cited case. 2 Part Analysis of your case: 1. Subsequent History / Direct History of the case in hand (cited case): what happened to your case as it progressed - Judgment Affirmed, Remanded, Pending 2. Treatment of the case in other courts: what did other courts say about your case - Distinguished, Overruled, Criticized, Cited, Mentioned, Followed - Pay attention to jurisdiction of other court and issue (headnote). Using Citing Reference to locate additional authority. Filter list by Jurisdiction Headnotes Date Search Term

3.

4.

Using an annotated code

Free Exercise Clause, U.S. Const. Amend. 1 Look at the Notes of Decisions Look to context and analysis for law review articles and ALR annotations Who has challenged this before Notes of Decisions and Citing References. Read these cases for Supreme Court analysis and citations. Look up the First Amendment in an Annotated Code

Notes of Decisions:

Overbroad Regulations and Facially Invalid Regulations cases are arranged by hierarchy.

Find and Analyze Leading Cases

Find leading cases in secondary sources. Find leading cases using a full-text search (search string from issue statement and

key terms), headnotes, citators. Read cases with similar facts (similar types plaintiffs/corporations); cases applying the Free Exercise Clause and RFRA. Who/what type of entity constitutes a religious employer

Under RFRA? Does the Free Exercise Clause extend to plaintiffs?

What is the test the court applies to determine whether entities are exempt from the

contraceptive coverage mandate?

Test under RFRA

Make a list of key facts from that and the other cases found: Did the the Free Exercise Clause and RFRA apply? Did the court find a substantial burden and compelling government interest? Other circumstances that are similar / dissimilar ? Make notations of analysis of those decisions by the courts and on your own: Distinguishing factors? Courts reasoning? Are the decisions good law (citate) Read distinguishing cases (shepards/citing references), concurrences, dissents

How do I know when I am done researching?

You keep finding the same primary authority no

matter which research method you use or which sources you consult.
When you don't have a definitive answer after

thorough research, and you keep turning up the same citations no matter where or how you look, that's a sign that there may not be a clear-cut solution to the problem.
Your project deadline is fast-approaching.

What if you're not finding authorities that address your research issue?
We usually tell students that if research hasn't yielded

any results after 30-45 minutes, it may be time to reevaluate your research strategy or ask for more help.
rules, analogous facts or doctrines, andor the law of other jurisdictions. techniques, using both primary and secondary sources. Keep a summary of the research steps that you took, including the names of the sources that you searched and the search queries that you used during online searches

Think comprehensively and creatively. Research broader

Make sure you are: applying a variety of research

What if time is running out and you still have intriguing leads to follow?
Quickly survey the major authorities bearing on your

issue and the major authorities to support them Prepare an interim outline that describes the conclusions you've reached so far and your plan for further research Consult with your Coker Fellow to make sure you are on the right path