1. 1. Encyclopedias
    1. National: AmJur, CJS State: NY Jur
    2. Researching Encyclopedias:
      1. 1. Locate material in index or topic list
      2. 2. look over topics introduction materials
      3. 3. read topic's outline
      4. 4. read text
      5. Updating and Expanding your Reserach
        1. Pocket Parts Supplementary pamphlets AmJur 2d - New Topic Service - loose leaf binder Citate cases / statutes referenced
  2. 2. Treatise or Hornbook
    1. Three Parts: Scholarly Text Internal Finding Tools Miscellaneous Features
    2. Updated: New editions Pocket Parts Supplemental Volumes Loose leaf supps Loose leaf page replacements
    3. Usefulness comprehensive analysis of discrete area of law not primary authority, but persuasive due to credibility of author or quality of work provide references to primary authorities and other secondary sources
    4. Drawbacks Many not updated Some are more creditable / better researched / more clearly organized than others topic may not be covered
    5. Research in Treatises
      1. Catalog
      2. shelf browsing
      3. textbook referene
    6. Treatise credibility
      1. reputation of book, author, publisher
      2. currency
      3. coverage
      4. accuracy
      5. organization
    7. Hornbook is a single volume treatise, good place to begin w/ unfamiliar topic
  3. Legal Periodicals
    1. Advantages
      1. describe, analyze, comment on the law
      2. refer to other secondary or primary sources
      3. provide background info on topic
      4. Formulate novel argument
      5. ideas for legal reform
      6. Can be very current
    2. Researching
      1. 1. use non-paper periodical index (westlaw,lexis)
        1. totally cumulative
        2. wide range of search methods
      2. 2. Paper Periodical Indexes
        1. Current Law Index
        2. Index to Legal Periodicals
      3. 3. Hein on Line
    3. Evaluating Article
      1. Author Reputation
      2. Periodical's reputation
      3. Coverage
      4. Accuracy
      5. Persuasiveness
    4. Updating
      1. More recent articles by same author
      2. if any response by another author
      3. Has someone followed up on the topic?
      4. Citate
    5. Types
      1. Law review or law journal
        1. wide range of topics written by profs, lawyers, lawmakers, judges, students
      2. Special interest legal periodical
      3. Bar association journal
        1. practical, court rules, firm management
      4. Commercial Legal Publishers Journal
        1. practicing lawyers- new cases/statutes/rules/conferences. short & appear frequently
      5. Newsletter by commercial publishers
        1. new court decisions, changes in law, legal notices
  4. ALR
    1. 1-2 ALR : State & Federal 3rd ALR 1/2 State & Federal 1/2 State 4-6 ALR : state 2 Federal editions (ALR Fed & Fed 2d)
    2. Advantages
      1. describes in general terms and analyzes in detail
      2. annotations provide good overview of a topic
      3. Collect cases with similar fact patterns
        1. can site to to show similar fact patterns & outcomes
    3. Research
      1. ALR Index at end of most recent series
      2. table of cases, statutes, rules and regs
      3. Read opening materials and text of annotations
      4. call Latest Case Service
    4. Updating
      1. Annual Pocket Parts (3rd - Fed series)
      2. Annotations History table to see if supplemented
      3. Call Latest Case Service
      4. citate
    5. Limits
      1. Earlier series limited to secondary sources and to Lawyers Coop materials
      2. not critical or analytical, only descriptive
      3. may not have annotation on a specific topic
      4. not written by legal scholars
  5. Restatements
    1. Organized
      1. 1. chapters
      2. 2. topics
      3. 3. sections
        1. each section begins w/ restatement rule
    2. Advantages
      1. Persuasive
      2. well organized
      3. identify cases that have given rise to rules
      4. extremely creditable
    3. Disadvantage
      1. Limited number of subjects
      2. do not always state majority view
      3. not updated frequently
    4. Researching
      1. Found pertinent rule look in appendix or citations volume and look up case summaries from your jurisdiction
      2. find whether your jurisdiction currently follows the rule of restatement
  6. Jury Instructions