report legal research
TRANSCRIPT
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Group 1, LAW I- A
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Primary Source:
A statement of the law itself from a governmental entity, such as a court, legislature, executiveagency, President or Governor.
Examples of primary sources in law:
court decisions
statutes
text of legislative bills
contracts, wills, and other legal documents
Secondary Source:
Materials that discuss, explain, interpret, and analyze what the law is or what it should be. Sources
also provide extensive citations to primary legal materials and other relevant secondary sources.
Examples of secondary sources in law:
Legal Dictionaries
Words & Phrases
Legal EncyclopediasAnnotated Law Reports
Legal Periodicals
Legal Treatises, Hornbooks and Nutshells
Restatements
Loose Leaf Services
Legal Directories.
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ANNOTATED LAW REPORTS
Law reports or reporters are a series of books that contain
judicial opinions from a selection of case law divided by courts.
Examples:
Philippine Reports
SCRA
SCAD
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LEGAL ENCYCLOPEDIA
These are works that explain systematically the entire body of
legal doctrine, in an alphabetical arrangement of articles
There are two primary uses for legal encyclopedias.
First, the articles can be quite useful as a general introduction
to an area of law which is new to you.
Second, encyclopedias are a way to find citations to cases and
other useful materials on a particular issue.
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PRACTICE MANUALS
Practice manuals, like form books, contain lots of forms and
instruction for how to use them. These are well written and
well-organized.
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BOOKS OF DEFINITION / LAW DICTIONARIES
Law Dictionaries are useful for identifying the definitions of words in their legal
sense or use.
The earliest law dictionary was Berriz, Diccionario de Administracion
de las Islas Filipinas, published in 1887.
In 1972, the first dictionary for Philippine Law was published, covering
70 years of law and decision-making from 1901 to 1971. It was written by
Federico B. Moreno and entitled Philippine LawDictionary.
Among the well-known law dictionaries are:Blacks
Law Dictionary, ofWest; Ballentines Law Dictionary, with Pronunciations, of Lawyers
Cooperative; and Bouviers Law Dictionary and ConciseEncyclopedia of West.
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Digest of cases are compilations of paragraphs containing concise summaries of
points in cases, grouped under appropriate headings the chief of which are
alphabetically arranged. Each paragraph in case digests is complete in itself
when it has concisely and accurately stated the point decided with reference to
precise facts.
Examples:
Philippine Digest
Republic of the Philippine Digest
Velayos Digest
SCRA Quick Index Digest Compendium of Philippine Jurisprudence
Supreme Court Digest
Summary of Supreme Court Rulings
Philippine Judicial Weekly
CASE DIGESTS
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LOOSE LEAF
A looseleaf service is a form of publication that is periodically updated with
materials which are filed in a notebook or binder to ensure that the
contents are as current as possible. The updates are usually provided on a
weekly, bi-weekly or monthly basis. Looseleaf services bring together into a
single secondary source most of the important information from a variety of
primary sources on a particular topic or field of law.
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They supply references to decisions in which other cases have beencited, reviewed, affirmed, reversed, overruled, criticized or commented
upon, and to cases in which statutes have been construed, and to statutes in
which prior acts have been amended, renewed or repealed.
The first citator published in the Philippines was DizonsPhilippineCitations in 2 volumes which contain complete citations in Volumes 2 to 64
of the Philippine Reports and in the Official Gazette.
Citations in the decisions of the Supreme Court, Court of Appeals,
and Court of Tax Appeals, reported in Volume 52 of the Official Gazette are
contained in the Citator which forms part of the 1956 Official Gazette Desk
Book.
CITATORS
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A form book is a tool used by lawyers to aid in the filing
ofpleadings, motions and other legal documents with a court or
similar decision-making body. It is usually a binder containing
loose-leaf pages, each of which has a form, or model, of a
different kind of motion that the attorney might file with a court.
FORM BOOK / PRACTICE BOOK
Topics Covered in Form Books
Typical forms included in a form book are a model complaint,answer, motion
to compel discovery, motion for summary judgment, and request for permissionto appeal. Other types of forms include: Transactional forms used to draft wills,
contracts, and documents.
http://en.wikipedia.org/wiki/Pleadinghttp://en.wikipedia.org/wiki/Motion_(legal)http://en.wikipedia.org/wiki/Legal_documenthttp://en.wikipedia.org/wiki/Courthttp://en.wikipedia.org/wiki/Complainthttp://en.wikipedia.org/wiki/Answerhttp://en.wikipedia.org/wiki/Discovery_(law)http://en.wikipedia.org/wiki/Summary_judgmenthttp://en.wikipedia.org/wiki/Appealhttp://en.wikipedia.org/wiki/Appealhttp://en.wikipedia.org/wiki/Summary_judgmenthttp://en.wikipedia.org/wiki/Summary_judgmenthttp://en.wikipedia.org/wiki/Summary_judgmenthttp://en.wikipedia.org/wiki/Discovery_(law)http://en.wikipedia.org/wiki/Answerhttp://en.wikipedia.org/wiki/Complainthttp://en.wikipedia.org/wiki/Courthttp://en.wikipedia.org/wiki/Legal_documenthttp://en.wikipedia.org/wiki/Legal_documenthttp://en.wikipedia.org/wiki/Legal_documenthttp://en.wikipedia.org/wiki/Motion_(legal)http://en.wikipedia.org/wiki/Pleading -
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Types of Form Books
General Form BooksGeneral form books usually fall into one of two categories:
a. The transactional, or covering pleading and practice processes and transactional (or legal)
forms given examples ofcontracts, wills, leases, deeds, mortgages, and other substantive
matters.
b. Pleading and practice forms provide formatting and examples for legal language to be
used in various court motions such as complaints, answers, and motions to dismiss. They
are usually arranged in alphabetical order and may provide a topical index to aidresearchers in finding specific forms.
Form Books for Specific Subjects or ProceedingsPublishers can provide form books that discuss a specific type of practice. Topics which might have
their own form books include real estate, business law, and tax.
Form Books Specific to Geographic JurisdictionsMost states have form books containing state-specific forms. These can be published by various
entities such as state courts or individual state bar association organizations. Other court systemsmay publish their own materials as well.
Other Types of Form BooksAnother type of form book is designed for those seeking legal forms but not trained as lawyers,
commonly referred to as a self-help form book.Topics included could be leases, wills, and
contracts.
http://en.wikipedia.org/wiki/Contracthttp://en.wikipedia.org/wiki/Will_(law)http://en.wikipedia.org/wiki/Leasehttp://en.wikipedia.org/wiki/Deedhttp://en.wikipedia.org/wiki/Mortgage_lawhttp://en.wikipedia.org/wiki/Real_estatehttp://en.wikipedia.org/wiki/Business_lawhttp://en.wikipedia.org/wiki/Taxeshttp://en.wikipedia.org/wiki/State_barhttp://en.wikipedia.org/wiki/State_barhttp://en.wikipedia.org/wiki/Taxeshttp://en.wikipedia.org/wiki/Business_lawhttp://en.wikipedia.org/wiki/Real_estatehttp://en.wikipedia.org/wiki/Mortgage_lawhttp://en.wikipedia.org/wiki/Deedhttp://en.wikipedia.org/wiki/Leasehttp://en.wikipedia.org/wiki/Will_(law)http://en.wikipedia.org/wiki/Contract