Legal Research 101: Primary Authorities

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课程主页: https://www.udemy.com/course/legalresearch101-primary/

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课程名称:法律研究101:主要法律依据 概述:你是否曾经在洞穴中游览时,导游突然关掉了灯?我经历过这件事,真切地感受到四周的黑暗,甚至无法看清自己手中的东西。开始一项新事物时,周围的环境往往也是一片漆黑和恐惧。人们不知道从何入手,甚至因为害怕出错而不敢行动,前行的想法令人战栗。这时,你需要一个指导者来陪伴你一段时间,直到你看到光明或在坚实的基础上脚踏实地。 法律及法律研究也类似。走进法律图书馆,开始自己的法律研究项目,是许多人感到恐惧的事情。我作为法律图书管理员,见证了无数律师和非律师在进行自我诉讼时的困惑。他们往往不知道应该去哪里或如何开始法律研究项目。缺乏一个可以提供指导的人的原因之一就是他们不知道该寻找什么:是否需要法律(主要法律依据),还是只是想了解法律(次要法律依据)?是从书本开始,还是直接在电脑上查找,期望能找到有用的信息? 本课程的目的是提供这样的指导,帮助学生熟悉主要法律依据及如何使用印刷资源查找它们。为什么要先学习“印刷”资源呢?因为印刷材料是在线资源的基础。理解印刷资源的组织方式及使用方法后,能够更好地理解计算机如何在线使用这些资源,并且知道该寻找什么,因为你了解计算机的思维方式。 课堂内容包括: - 如何查找州和联邦法令 - 如何解读案例引文 - 如何利用美国摘要系统下的主题和关键数字查找案例法 - 如何查找州和联邦规定 最后,你将学习(这一点尤其重要)如何对任何州或联邦法令、案例法或规定进行Shepardize检索。 感到困惑吗?这是许多人在初学法律和法律事务时的普遍感受。随着课程的学习(以及后续课程),你将逐渐理解法律及其相互关系的运作方式……练习越多,你的能力就会越强。我保证。

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Have you ever taken a tour of a cave and had the park ranger turn off the lights? I have and I can tell you that I could actually feel the darkness all around me. I could not even see my hand right in front of my face. Left to myself, I would have fallen down some dark chasm had I tried to find my own way in that dark, dank cave.I suspect it is that way when people start something new - everything around them is pitch black and terrifying. You don't know what to do first or you are afraid of doing anything for fear of looking foolish. The thought of moving forward can, actually, fill you with dread. What you need is a guiding hand to sustain you for the first little while until you either see the light or have a firm(er) foundation under your feet.Law and legal research is kind-of like that. Few things terrify people more than having to walk into a law library and start their own legal research project. I know because as a Law Librarian I have worked with countless numbers of people (lawyers and non-lawyer people who are involved in their own lawsuits). Most do not know where to go or how to start a legal research project. One of the reasons they don't know how to start is that they don't have someone they know who can offer a guiding hand to help you know what to look for. Do you want the law (primary authority) or do you want to know about the law (secondary authority)? Do you start with a book or just hop on a computer and start plunking away hoping you'll find something helpful?The purpose of this class is to offer that proverbial guiding hand and help students become familiar with what primary authorities are and how to find them using print resources. Wait, what?!? Why start learn how to use "print" resources?! Well, it's important to start with print materials simply because print resources are the basis for online resources (i.e. computerized research). When you understand how print resources are organized in print (and how to find/use them), you are better able to understand how computers are using them online and you'll know what to look for because you know how the computer is thinking.Concepts covered in this first class include:How to find state and federal statutes,How to read a case citation, How to find case law using headnote topics and key numbers under the American Digest System, andHow to find state and federal regulationsFinally, you will learn (and this one is particularly important) the steps to Shepardize any state or federal statute, case law, or regulation.Confused? Well, that's how a lot of people feel about the nature of law and legal things when they first start. As you go through this program (and those that follow), you will gain greater understanding of how law and legal things work and are inter-related...and the more you practice, the better you will get. I Promise.

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