Externship Research RefresherGeneral Research TipsPrimary vs. Secondary MaterialsLegal Research Rule #1: Never Recreate the Wheel!How To Find MaterialsFederal Practice MaterialsQuestion: If the U.S. Supreme Court grants certiorari on only limited issues in a case, can the court consider other issues raised by the parties in their briefs if the issues are outside the limited grant of cert?What research strategy works best for this question?Florida Practice MaterialsFlorida Landlord/Tenant ResearchResearch StrategyFlorida Child Custody ResearchSlide 13Forms Drafting in FloridaFederal Codes & StatutesSlide 16Slide 17Slide 18Florida Laws & StatutesFederal Legislative HistorySlide 21Slide 22Slide 23Slide 24Slide 25Slide 26Florida Legislative HistoryFlorida Legislative History ResearchFederal Regulatory LawSlide 30Federal Regulatory ResearchSlide 32Florida Regulatory LawFlorida Regulatory ResearchSelected Rules, Forms & DirectoriesCriminal Law ResearchFederal & State Criminal ResearchEthics ResearchSummary01/14/19 Externship Research RefresherFaye JonesDirector and [email protected]; 644-7486Reference Desk: 644-4095Evening Service: The Hotline aka The Red Phone at Reference01/14/19 General Research Tips•Rock Scissors Paper & Legal Research•1. Legislature/Congress enacts statute•2. Court rules statute unconstitutional•3. Legislature/Congress enacts revised statute superseding case law •4. And so on and so on…•Always bring your research up-to-date•Always be sure to Shepardize•Lexis is preferable•Lexis or Westlaw for research? Why?01/14/19 Primary vs. Secondary MaterialsPrimary = THE LAWStatutes, Cases, RegulationsSecondary = Analysis & Commentary101/14/19 Legal Research Rule #1: Never Recreate the Wheel!•Start with Secondary Sources•Practice Materials, Treatises, Monographs, Loose-leaf Services, Legal Periodicals, Encyclopedias (FLA.JUR.2d)•Best starting point for research•Analysis & commentary by experts •Currency: interfiled update pages, pocket parts, and/or supplements in print or online01/14/19 How To Find Materials•ALEPH catalog via Strozier, http://www.lib.fsu.edu/•FSU Law Library home page, http://www.law.fsu.edu/library/•Florida Practice materials -- shelved at Reserve Desk; on the Library’s 2d floor; on Lexis and Westlaw•Treatises, Monographs, and Loose-leaf services by call number on third floor or online in Lexis or Westlaw•Legal periodicals: Bound by call number on third floor; newest issues in Lexis, Westlaw, Hein Online or at Reserve•Other journals: FSULL home page under FSU e-journals01/14/19 Federal Practice Materials•1. Use ALEPH advanced search to find titles•2. Major publishers•Aspen •Lexis Law Publishing•Matthew Bender Authority•Commerce Clearing House•Bureau of National Affairs•Research Institute of America (mainly tax)01/14/19 Question: If the U.S. Supreme Court grants certiorari on only limited issues in a case, can the court consider other issues raised by the parties in their briefs if the issues are outside the limited grant of cert?•RESEARCH OPTIONS•1. Consult treatises•Stern/Gressman’s Supreme Court Practice•Moore’s Federal Practice•2. Check Rules of Court for the U.S. Supreme Court•3. Research cases on WL/Lexis01/14/19 What research strategy works best for this question?•Stern/Gressman Supreme Court Practice, 8th ed., Reserve KF 9057 S8 2002•In index look up certiorari•If not helpful, see Checklists, AND use Table of contents to find a general discussion•Chapter 4.11, Importance of Issues Involved•Moore’s Federal Practice, Treatise KF 8837 M6 1997 v. 22•Table of Contents sends you to Chapter 405, skim Synopsis & go to 405.03 [2] (vi)•“Supreme Court may address issues not raised in petition…”•Check the latest supplement for changes or more cases01/14/19 Florida Practice Materials•Florida Bar CLE•At FSULL Reserve; Online in Lexis and Westlaw•Written by Judges or Practitioners •Single Topic How-to-do-it •Fast Eddie Publishing Company?•Legal Periodicals•Online in Lexis, Westlaw or Hein Online•Legaltrak (Current Law Index; InfoTrac)•Index to Legal Periodicals, Ref K 33 .I56•Current Index to Legal Periodicals; Westlaw CILP601/14/19 Florida Landlord/Tenant Research•Facts: As required by statute, Landlord served tenant 3-day notice to pay or get out. The notice included late fees in the calculation of the amount of rent due in the notice.•Issues: Is the notice sufficient? If the landlord files an eviction notice, will the court grant the tenant’s motion to dismiss for failure to state a cause of action because the landlord failed to properly notify the tenant?01/14/19 Research Strategy•1. The Florida Bar FasTrain Series, Residential Landlord/Tenant Disputes, 3d ed., Reserve KFF117.Z9 R47 2003•Consensus: For late fees to be included, they must be designated as rent in the lease, O’Connor v. Washington, 10 FLW Supp. 749 (Broward Co. 2003)•Online in Lexis and Westlaw•2. Florida Statutes Annotated 83.46(6) notice must demand an exact amount of overdue rent•Case citations include Bell v. Kornblatt, 705 So.2d 113 (Fla. 4th DCA 1998) a proper statutory notice is a precondition to the maintenance of an eviction action•3. Periodical articles: Robbins, Land Mines and Other Surprises in Residential Landlord and Tenant Cases, 75 Fla. Bar J. 42 (Dec. 2001)•Discusses cases on this issue decided in Circuit Courts; available online at the Florida Bar’s website, http://www.flabar.org/DIVCOM/JN/JNJournal01.nsf/76d28aa8f2ee03e185256aa9005d8d9a/0ccc01d00a40a67685256b0b0058b151?OpenDocument)01/14/19 Florida Child Custody Research•Facts: An FSU graduate student seeks to modify the visitation schedule in the final divorce decree issued by a court in Minnesota, where she and her spouse lived when they were married, where the divorce took place, and where her ex-husband still lives. If she files a Petition for Modification of Visitation in Leon County, FL., will a Florida judge grant the respondent’s motion to dismiss for lack of jurisdiction?01/14/19 Research Strategy•FL statute in this area is confusing •Secondary source is the best research choice•FSULL routinely obtains all FL-CLE titles in print & online •Lexis, Florida CLE Course Materials & Publications, http://www.lexisnexis.com/lawschool/•Westlaw FL-CLE•http://lawschool.westlaw.com/shared/signon02.asp?path=/DesktopDefault.aspx•Answer: