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Advanced Legal Research

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Violet Richardson

on 10 April 2013

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Transcript of Advanced Legal Research

"Specialized Practice Materials" are used when beginning research in an unfamiliar area of law, and focus on the law as it exists, with advice and tips for how to deal with real-life legal problems. They are used extensively in the practice of law because they have been tried and tested repeatedly through the judicial system. Materials includes litigation forms or checklists to aid the practitioner and are particularly useful when looking for the most recent information in a particular practice area. Reference Resources An overview of Federal, State and online resources for building a successful litigation practice library Specialized Practice Materials Federal Practice Materials Moore's Federal Practice is a comprehensive and authoritative text, written by the judges, lawyers, and professors who write and amend the Federal Rules. The treatise focuses on federal civil, criminal, appellate, and admiralty procedure.
The collection contains 34 volumes which include the full text of the federal rules along with extensive commentary and analysis of the rules and cases interpreting the rules.
The publication also includes case law developments in evolving areas such as electronic discovery, pleading standards, and class actions are addressed in depth. Moore's Federal Practice The Federal Rules of Evidence was enacted in 1975 for the purpose of governing the admission of facts used in the adjudication of cases both of a civil and criminal nature.
Like the Federal Rules of Civil and Criminal Procedure the FRE can be accessed for free by the government and various other websites such as www.law.cornell.edu & www.uscourts.gov. Annotated versions in print should cost no more than $50 new (print).
The Federal Rules of Evidence are published as Title 28 of the United States Code, so you can find them in any paper or electronic, annotated or unannotated editions of the U.S. Code (See "United States Code"). Federal Practice and Procedures
Federal Rules of Evidence FRCP Rule 1 states that the scope and purpose of these rules are to “govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.”
Like the Federal Rules of Criminal Procedures the Federal Rules of Civil Procedures can be accessed for free both electronically, and in print. Annotated versions in print form should cost no more than $40 new; much cheaper than the Federal Criminal Rules.  
As with the Federal Rules of Criminal Procedure; the Federal Rules of Civil Procedure are also propagated by the Supreme Court pursuant to the Rules Enabling Act. Federal Courts almost always use the FRCP as their rules of procedure even in matters involving state law. Federal Practice and Procedures
Federal Rules of Civil Procedure Federal Rules of Criminal Procedure Rule 1. (a) (1) states that the rules are meant to “govern the procedure in all criminal proceedings in the United States district courts, the United States courts of appeals, and the Supreme Court of the United States.”
Rule 2. States that the rules are to be interpreted to provide for the just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay.
The Rules are posted for free by the U.S. Courts and by the Legal Information Institute. The Legal Information Institute also posts the rules in e-book format.
The electronic version of the Federal Rules can also be found on legal databases such as Lexis and Westlaw.
The Rules are promulgated by the Supreme Court of the United States pursuant to their authority under the Rules Enabling Act (28 U.S.C. § 2072). These rules regulate the federal criminal prosecutions conducted in the United States district courts.
Access to these rules can be found free of charge in both Print and Electronic form. However should you desire an annotated version in print form; prices can range anywhere from $20 to $250. Federal Practice and Procedures
Federal Rules of Criminal Procedure Trial Practice Materials Cause of Action 2d is a treatise of extensive reference providing articles and case studies on different types of actions. For each cause of action, the treatise :
Identifies the various elements of each case (Substantive Law Overview); and includes an Index of Key Terms and Phrases.
Provides detailed research and procedure guidelines
Covers legal interpretations of courts through extensive sample cases.
Provides litigation procedure guidelines and practice checklists in addition to proven litigation forms Causes of Action Am. Jur. Trials is sometimes refered to as the "Who's Who" of the American trial bar.
The collections shares the techniques and strategies for actual cases in prominent trials from attorneys, judges and other legal experts.
Among this information are details of successful techniques through informative model trial articles
Topics cover the spectrum of personal injury, business, and criminal litigation.
Also provides step-by-step guidance through all the phases of trial —from initial client interview, discovery, pleadings, motions and trial itself, to post-trial motions and appeals. Am. Jur. Trials Am. Jur. Proof of Facts provides expert advice on preparing your case, how to quickly determine the facts essential to winning your case and proving them, and how to determine which cases to take or refer.
The collection includes strategies, tactics, and practice tips and tools for every stage of trial preparation.
Specifically, it contains extensive checklists, sample interrogatories, model discovery forms, sample proofs, diagrams, as well as artwork and illustrations. Am. Jur. Proof of Facts Practice Forms Internet Legal Research Group
Offers the largest collection of free legal forms (over 2,000). The forms provided by this site cover the following areas:
Buying and Selling
Borrowing and Lending
Business Ventures
Credit and Collection
Leases and Real Estate
Protection of Legal Rights
Transfers and Assignments
Promulgated Corp. & Business
Promulgated Tax Forms
Estate Planning
Marital and Family
Name Change
Power of Attorney
Health Care  Forms on the Internet The Nichols Cyclopedia of Legal forms is a multivolume collection of transactional forms and covers more than 230 topics of law, such as contracts, deeds, wills, trusts, articles of incorporation, and merger agreements. Associated with Westlaw.
The Nichols Cyclopedia is a useful tool for attorneys as it:
Provides all the forms, checklists, questionnaires, and tax information needed to facilitate a transaction or relationship between parties; but does not contain litigation or pleadings forms filed with courts in the context of legal proceedings.
Each subject area includes overviews of topics arranged alphabetically throughout the volumes, tax implications, drafting checklists, and references to other publications.
State-specific statutes to help locate provisions and phrasing needed to comply with a state’s particular requirements.
The Nichols Cyclopedia comes in print form.
The cost for the Hardbound full set is $7,450.
Individual volumes can be purchased at $611 each.
Monthly book pricing plan; Installments of $442. Nichols Cyclopedia of Legal Forms Annotated West's® Federal Forms is the companion set to Federal Practice and Procedure.
It provides extensive federal procedural forms, with commentary, arranged by type of proceeding and the particular court to which they pertain.
Can be used in the handling of civil and criminal cases in federal courts, as well as bankruptcy and admiralty proceedings. West's® Federal Forms Am. Jur. Pleadings and Practice Forms is a collection of drafted, practice- and court-tested state and federal forms, checklists, and timetables needed for every stage of a case. The collection includes commentary and “how to” guidance.
Forms include notices, complaints, petitions, declarations, summonses, demurrers, answers, counterclaims, cross-complaints, interrogatories, replies, motions, affidavits, stipulations, bills of particulars, subpoenas, orders, writs, jury instructions, findings of fact, judgments, bonds, and decrees. Am. Jur. Pleadings and Practice Forms The Federal Procedure Form provides step-by-step guidance in drafting forms for proceedings before federal courts and administrative agencies, including extensive procedural checklists, "how to" text, and convenient practice aids.
Reflects current practice in all federal courts and major agencies, providing a fact word index, a table of constitutional and statutory provisions, court rules, and procedural guides.
Also included are informed discussions on the Constitution, federal statutes, administrative rules and regulations, federal law locator, relevant state aspects, and practice pointers. This extensive resource is made user-friendly by an exhaustive three-volume general index.
Attorney will find it useful as it
Allows fast, easy, and on-point research
Provides step-by-step guidance in drafting forms for proceedings before federal courts and administrative agencies
Includes extensive procedural checklists, "how to" text, and convenient practice aids
Reflects current practice in all federal courts and administrative agencies
Offers a fact word index, table of constitutional and statutory provisions, court rules, and procedural guides
Examines the Constitution, federal statutes, administrative rules and regulations, federal law locator, relevant state aspects, and practice pointers
The Federal Procedure Forms comes in print form.
The cost for the Hardbound full set is $5,509.
The majority of individual volumes are priced at $507 each.
Monthly book pricing plan; Installments of $312. Federal Procedure Forms Am. Jur. Legal Forms is a multi-volume set containing more than 15,000 forms commonly used in business and legal documents.
Forms include contracts, trusts, leases, wills and incorporations. Two volumes entitled "Federal Tax Guide to Legal Forms" cover tax law and are cross-referenced from the main volumes. Am. Jur. Legal Forms State Practice Materials District of Columbia Statutes Annotates provides statutes for the District of Columbia. 
District of Columbia Official Code provides the laws for the District of Columbia.
District of Columbia Rules of Court – Federal contains court rules in the District of Columbia, including the Federal Rules of Civil Procedure, Federal Rules of Evidence, and Federal Rules of Appellate Procedure; local rules of the U.S. Court of Appeals for the District of Columbia; local rules of the Court of Appeals for the Federal Circuit; and local rules of the federal district and bankruptcy courts of the District of Columbia.
Trial Handbook for District of Columbia Lawyers provides quick access to basic principles of trial law and how to apply those principles.
District of Columbia Reporter and District of Columbia Code includes District of Columbia cases and statutes District of Columbia Practice Materials Maryland Code and Court Rules Annotated provide specific codes and rules for Maryland
Free through Maryland Judiciary Website 
Maryland Rules of Court – State and Federal is a complete set of Maryland state and federal court rules and provides the latest state and federal rule amendments.
Maryland Evidence, State & Federal 2d gathers and discusses relevant cases, statutes, and rules and is viewed as Maryland's definitive source on evidence. 
Maryland Rules of Evidence concisely provides an overview of Maryland's evidence rules with detailed discussion of each rule, with cross-references to Maryland Evidence.
West’s Maryland Law Encyclopedia is a general reference guide to Maryland laws and applicable statutes and cases. 
Trial Handbook for Maryland Lawyers, 3d is a practical guide to every critical aspect of practicing trial law in Maryland. Maryland Practice Materials Introduction to Basic Legal Citation
Explains the Blue Book
By Peter Martin
Online Bluebook - Subscription Citation Findlaw Legal Dictionary (Merriam Webster's)
US Legal Definitions
The Free Dictionary's Legal Dictionary
Duhaime's Law Dictionary
http://www.duhaime.org/ Legal Dictionaries Legal Directories provide reviews of lawyers and law firms for consumers and professionals. The most notable directories are:
West's Legal Directory on Westlaw Legal Directories Reference Resources Online The Bluebook: A Uniform System of Citation Citation Black's Law Dictionary 9th ed.
Modern Dictionary for the Legal Profession, 3d ed.
Garner, A Dictionary of Modern Legal Usage, 2d ed.
Ballentine's Law Dictionary, 3d ed. (Available free at http://free-group.com/law/dictionary/a.pdf) Legal Dictionaries Reference Resources in Print Kinsey Law Offices – provides forms in the following areas.
Transactional Forms
(Business & Personal Forms)
Basic Agreements
Buying & Selling
Leases & Tenancies
Transfers & Assignments
Personal & Family
Real Estate
Business Ventures Virginia Practice Materials Trial Handbook for Virginia Lawyers provides a clear and concise treatment of questions of law that including motions during trial, jury selection, and summary judgments. Cost: $204.00 or $16.00 a month
Michie’s Jurisprudence of Virginia and West Virginia analyzes the criminal and civil case law, statutes, rules and regulations. Cost: $1,707.00
Michie’s Code of Va claims to be, “The first and last word in Virginia statutory research, and the official code used by the state courts and legislatures” and Includes current cumulative supplement official state statutes, and Va Supreme Court Rules Cost: $680.00
West’s Annotated Code of Virginia is West prepared of the Virginia Code. Cost: $1.854.00 or $117.00 amonth; un-annotated Virginia code. http://lis.virginia.gov/000/src.htm
Virginia Division of Legislative Services is an online database of legislative history. http://dls.state.va.us/lrc/leghist.htm
Virginia Administrative Code is a available Online with Subscription or available at no cost at http://leg1.state.va.us/cgi-bin/legp504.exe?000+men+SRR
The Virginia Lawyer: A Deskbook for Practitioners covers the substance and procedure of the most significant areas of Virginia practice. It includes over 150 downloadable forms for a pleadings and agreements. Cost: $195.00; For both Print and CD Rom-$230.00
Virginia Forms offers more than 1,000 forms adaptable for practice. Case citations, explanatory notes, and cross-references accompany many of the forms including the latest changes in procedural and substantive law. Cost: $703.00
Free Virginia Forms available at www.courts.state.va.us; www.VALeagalaid.com; www.tax.virginia.gov/; and www.vsb.org/site/sections/generalpractice Looseleafs Looseleafs are a type of publication used in legal research which brings together primary and secondary source materials on a specific field or legal topic Looseleafs are commonly used for research in areas of law which change rapidly due to regulatory and administrative developments. They are typically contained in ring binders to keep them updated in order to keep the information therein current. There are two types of Looseleafs:
Interfiled (replacement pages)
Newsletter (pamphlets) What are Looseleafs? Publishers Commerce Clearing House (CCH)
Bloomberg BNA
Thomson Reuters Research Institute of America (RIA)
LexisNexis Matthew Bender

Most looseleafs are published by Commerce Clearing House and followed by Bloomberg BNA. CCH Business & Govt Contracts Libraries
Global Securities
Exchanges & SRO's
Trade Regulation
Government Contracts
Information Tech
Federal Energy Guidelines
Transportation Law
Products Liability & Safety CCH Human Resources Library
Human Resources
Employment Law
Workmen's Compensation
Health Law
Food & Drug CCH Tax Library
Financial & Estate
Special Entities
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