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- From: eck@panix.com (Mark Eckenwiler)
- Newsgroups: misc.legal,misc.legal.computing,misc.legal.moderated,misc.answers,news.answers
- Subject: Legal Research FAQ (diffs)
- Followup-To: poster
- Date: 14 Jan 1994 22:36:10 -0500
- Organization: Superseding Information, Inc.
- Lines: 144
- Approved: news-answers-request@mit.edu
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- Summary: This article lists major textual changes to the FAQ.
- Xref: bloom-beacon.mit.edu misc.legal:32245 misc.legal.computing:3445 misc.legal.moderated:842 misc.answers:386 news.answers:14101
-
- Archive-name: law/research/diffs
- Version: 0.94
-
-
- This article provides a summary of significant changes made to the FAQ
- since the previous version.
-
-
- 34a34,41
- > A current version of the FAQ may always be obtained via anonymous
- > ftp from rtfm.mit.edu in /pub/usenet/news.answers/law/research/part1
- > and part2. If you do not have ftp access, send a mail message to
- > mail-server@rtfm.mit.edu with the lines
- > send usenet/news.answers/law/research/part1
- > send usenet/news.answers/law/research/part2
- > in the body of the message.
- >
- 51a60,61
- > TABLE OF CONTENTS
- >
- 54c64
- < = 0. TABLE OF CONTENTS
- ---
- > 0. ROADMAP FOR THE IMPATIENT
- 84,89c94,100
- < 4.2.1 Evidence
- < 4.2.2 Civil Procedure
- < 4.2.3 Criminal Law
- < 4.2.4 Torts
- < 4.2.5 Contracts
- < 4.2.6 Copyright
- ---
- > 4.2.1 Constitutional Law
- > 4.2.2 Evidence
- > 4.2.3 Civil Procedure
- > 4.2.4 Criminal Law
- > 4.2.5 Torts
- > 4.2.6 Contracts
- > 4.2.7 Copyright
- 106a118,144
- > = 0. ROADMAP FOR THE IMPATIENT
- >
- > This section provides direct pointers to the answers to frequent
- > questions.
- >
- > Q. I have the name of a case, but not a cite to it. How do I find
- > the case?
- > A. See section 4.1.2.
- >
- > Q. I know there's a famous Supreme Court case about <subject>. Is
- > there an easy way to look it up?
- > A. See section 4.2.1, and the end of sections 1.1.3 and 4.1.3.
- >
- > Q. How can I find out how courts interpret a specific statute?
- > A. See section 4.1.1.
- >
- > Q. I need to know if case X has been overruled. How do I find out?
- > A. See sections 4.1.3 and 4.1.4.
- >
- > Q. Where do I find the federal statute(s) governing <subject>?
- > A. See the end of section 4.1.1.
- >
- > Q. This case citation stuff is Greek to me. What does it mean?
- > A. See section 2.1.
- >
- >
- >
- 180a219,225
- > Almost all District Court orders are appealable to the Circuit
- > Court. However, except for a few specific types of orders (such as
- > those granting or denying preliminary injunctions), most orders are
- > not immediately appealable. Instead, parties must usually wait until
- > the entire case has been disposed of in the District Court, and then
- > raise all of their appeals at a single time.
- >
- 361a407,419
- > A note on the order of names in the caption: In District Court
- > and Circuit Court opinions, the first name listed is *always* that of
- > the plaintiff. This means that in a Circuit decision captioned
- > _Party1 v. Party2_, you cannot tell from the caption alone which party
- > appealed to the Circuit Court. In contrast, the title of U.S. Supreme
- > Court decisions always tells you which party ("the petitioner")
- > brought the appeal: it's the first name listed, regardless of whether
- > that party was originally a plaintiff or a defendant in the trial
- > court. (As a result, you can tell who won a case based solely on
- > whether the Supreme Court reversed or affirmed the lower court: an
- > affirmance means that the petitioner (listed first) lost, and vice
- > versa for reversal.)
- >
- 143a154,158
- > One very useful feature of U.S.C.A. is the paperbound set of
- > subject index volumes located at the end. These volumes provide
- > pointers to all laws on any particular topic (Postal Employees,
- > Eavesdropping, or whatever).
- >
- 321a337,343
- > One final note: there is a separate 3-volume subset of
- > Shepard's that lists Acts of Congress and important court decisions
- > by their popular names. These volumes serve the same purpose as the
- > Popular Names Table at the end of the **U.S.C.A. index. The
- > Shepard's list of cases is not even vaguely comprehensive, unlike
- > the Table of Cases at the end of **F.P.D., but it has three major
- > advantages:
- 322a345,356
- > a) it covers a full two centuries in one place (unlike
- > F.P.D., which is now in its 4th series, with separate Tables for
- > different time periods),
- >
- > c) it covers state cases absent from F.P.D., and
- >
- > b) it allows you to find cases by looking under "Congresional Veto
- > case" (answer: INS v. Chadha) or "Flag Burning cases" (answer:
- > Texas v. Johnson and U.S. v. Eichmann).
- >
- >
- >
- 391c425
- < 4.2.1 Evidence
- ---
- > 4.2.1 Constitutional Law
- 392a427,448
- > The history and interpretation of the Constitution is, not
- > surprisingly, the subject of innumerable works. This FAQ cannot
- > begin to do justice to the available bibliography, and will not
- > attempt to do so.
- >
- > For what it's worth, a widely available (and respected) overview
- > is Laurence Tribe's single-volume _American Constitutional Law (2d
- > ed.). Also useful, if less commonly available, is Rotunda and Nowak's
- > 4-volume _Treatise on Constitutional Law: Substance and Procedure_ (2d
- > ed.). Both works provide extensive cross-reference to other secondary
- > sources, as well as discussions of hundreds of important Supreme Court
- > decisions.
- >
- > Finally, note that much of constitutional law relates to
- > standards for criminal proceedings. Accordingly, the sources
- > mentioned in section 4.2.4 below contain informative discussions on
- > numerous constitutional topics (such as the fifth amendment, the ex
- > post facto clause, the double jeopardy clause, etc.).
-
- --
- Private e-mail welcome unless your name is Gerard.
-
- Mark Eckenwiler eck@panix.com
-