21. Cyclical Nature of Law Congress Delegate Power to Agency Executive (President) Executive Orders Executive (Agencies) Implement Congress’ Vision Judiciary Ensure Agencies do not exceed authority
41. Cyclical Nature of Law Congress Delegate Power to Agency Executive (President) Executive Orders Executive (Agencies) Formal & Informal Rule-Making Judiciary Interpret the Law Hold Agencies Accountable
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43.
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45.
Notas do Editor
Our focus here is on Primary Resources, but as you get into legal research, you will find that the secondary sources are extremely important also.
Going to look at a quick example of how this research would play out (go through slide) All Codes will have index volumes – look up the terms you think are relevant to the issues in the index, that will refer you to the appropriate code sections Not going to take the time to do the brainstorming on this problem…you’ll get a chance to do that with the library exercise
Descriptive Word Index – usually located at the end of the digest set (Go through slide) So let’s go ahead and see how the digest works…
Turn our attention to case law research… Two main types of tools we use when researching case law Reporters – cases published chronologically as they come out 5 million reported cases, over 100,000 new cases each year – even if you heard there was a case on point for your research that came out last year…wouldn’t want to go through case by case to find it Digests – finding tool which provides subject access cases published in the reporters Basically a subject index to case law – look up topic and find references to cases on that topic
Cases are found using the “case citation” you have probably already seen these in your reading… Address for the case In this case…P.2d is the abbreviation for the Pacific Reporter, 2 nd series.
Get a lot of information at the start of the published case… Docket Number – assigned when the case enters the court system – stays with the case synopsis and headnote are terms that may not be familiar to you… we’ll look at what those are in a minute Decision – what we look at to see how the court has applied or interpreted the law in a specific instance.