Transcript Annotated Law Reports - Florida Coastal School of Law

American Law Reports (ALR)
A unique research tool to help you
find encyclopedic essays on a
particular point of law.
American Law Reports
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Selective case law reporting.
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Publisher focuses on a particular legal
issue and collects relevant cases.
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Provides entry into the publisher’s Total
Client-Service Library research system.
A unique case finding tool.
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Identifies points of law not previously
resolved.
Helps to signal a change in the law.
Identifies emerging trends in legal
thinking.
Groups cases in one place to assist in
analyzing and synthesizing material.
Find a relevant A.L.R. and you have a
great start on any research project.
Direct Route To Case Law Research
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Each A.L.R. is a complete legal
memorandum on a particular legal
issue.
Relevant sources are collected and
analyzed.
Detailed discussion of the general
principles deduced from the cases.
And . . .
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The A.L.R. series provides information
regarding:
– distinctions,
– exceptions,
– and applications of the principal under
review.
The Substantive Section
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The bulk of the article is the case
summary. It provides an objective
discussion of the court’s statements on
a given issue.
– 1. General conclusion on the issue.
– 2. The facts and contentions before the
court.
– 3. The court’s reasoning to support its
conclusion.
A.L.R. Federal
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Discusses Federal topics only.
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A.L.R. Fed. -- 1969 to date.
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Until 1993 (volume 111) the illustrative case
immediately preceded the Annotation.
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Cases are now reported in full following the
Annotation.
A.L.R. Federal
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Includes references to West Group products.
– Ex. C.J.S. and the Topic/Key Number System.
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Volume 128 introduces a new Special
Commentaries feature written by an expert
practitioner dealing with their legal specialty.
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A component of the set, called ALR Federal
Tables, is a useful finding aid.
Fifth Series -- A.L.R. 5th
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State topics only.
1992 to date.
Refers to
– textbooks and encyclopedias from various
publisher.
– Pertinent law review articles.
– Suggested electronic searches.
– Relevant West Key Numbers.
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Has Table of Contents, Scope Note,
Jurisdictional Tables, Related Annotations
and Practice Pointers.
A.L.R. 5th Article Features
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Prefatory Statement functions as a
scope note.
Citation of illustrative case which is fully
reported infra.
Table of Contents provides a detailed
outline of the article.
Both sides of an issue are presented.
– Provides objective and balanced analysis
of the law.
Fourth Series A.L.R. 4th 1980-1992.
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State topics only.
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Regular set features -- illustrative cases,
outlines, Annotations, indexes, and
research references.
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Enhancements found in the Federal and
5th series are being incorporated in the
annual pocket parts.
Earlier A.L.R. Series
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Third Series A.L.R.3d 1965 -1980.
– State & Federal topics from 1965 -1969.
– Updated by annual pocket part.
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Second Series A.L.R.2d 1948 -1965.
– Contains state and federal topics.
– More convoluted updating method.
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First Series A.L.R. 1919 -1948.
– Contains state and federal topics.
– More convoluted updating method.
How to find a relevant A.L.R.
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Index Method -- multi-volume ALR
Index covers all but the 1st series.
Updated by annual pocket part.
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Also, a ALR Federal Quick Index and a
ALR Quick Index for ALR 3d, 4th, and
5th. (Coverage is not as thorough).
The index uses an alphabetical,
descriptive word approach:
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Use synonyms and antonyms. Also,
TARP Rule --Things, Actions, Relief,
Persons or Parties.
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Classifying entries under a variety of
legal and factual terms and concepts.
THINK ACCESS . . .
THINK INDEX!!!
Another way to find a relevant A.L.R.
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Digest method.
– Subjects are classified in over 400 legal
topics arranged alphabetically.
– Initially it was not a West Group
publication and the prior publishers had
their own classification scheme.
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First determine applicable topics and
consult the outline for sections
covering your point of law.
Alternatively, . . .
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Consult the Table of Laws, Rules, and
Regulation if you have:
– A specific federal or state statute,
– rule or regulation,
– uniform laws,
– model acts,
– restatements, or
– code of ethics
You will be pleased to know . . .
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The over 13,000+ Annotations from the
2d to latest A.L.R. series are available
electronically on . . .
WESTLAW and LEXIS
Check vendor directories.
And don’t forget . . .
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When “Shepardizing” primary legal
authority, references are given to
whether an American Law Report has
been written on the case or statute.
– This is a great way to get started on a
research project that deals with a known
case or statute.
Be careful, be aware!
Things change . . .
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The credibility of any A.L.R. you use is
influenced by:
– New statutes that are enacted,
– Recent cases continue to interpret
statutes,
– and the law continues to evolve.
How to stay up-to-date using
the various A.L.R. series.
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A.L.R. 3d, 4th, 5th, and Federal.
– These newer series are updated by annual
pocket parts.
– But, for complete coverage, as new volumes
are published in any of the series, the
contents page or “subject annotated” section
must be consulted.
Earlier series are a little more
difficult . . .
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A.L.R. 2d utilizes a multi-volume Later
Case Service system updated with
pocket parts.
A.L.R. (First Series) utilizes a
cumbersome 8 volume A.L.R. Blue
Book of Supplemental Decisions.
Plus pocket parts!!
For all series check for:
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Superseding
Annotations
Editors may rewrite
and publish in a
later A.L.R. a
superseding
(replacement)
Annotation.
Supplementing
Annotations
Used by the first two
series. You must
consult the original
Annotation and read it
with the new
supplemental material
as if they were one
Annotation.
Keeping current is critical!
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Consult the Annotation History Table to
avoid relying on obsolete or incomplete
annotations.
– The table is located in the index volume
containing the letter Z.
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You can also “Shepardize” Annotations.
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Call the Latest Case Service Hotline -located on cover of the supplement.
Final points to remember:
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American Law Reports are a great
starting point for finding relevant cases
on a particular point of law.
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As a secondary resource, the
Annotations functions as a finding aid
that will lead you to primary authority.
Bluebook Rule
16.6.6
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Cite discussions in selective case
reporters (such as American Law
Reports and Lawyer’s Reports
Annotated) by the author’s full name,
followed by the designation “Annotation”
in ordinary roman type and the title of
the work in italics.
16.6.6 Annotations
Example
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William B. Johnson, Annotation, Use of
Plea Bargain or Grant of Immunity as
Improper Vouching for Credibility of
witness in Federal Cases, 76 A.L.R.
Fed. 409 (1986).