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pols 454 notes weeks 1-7

by: Danielle Smart

pols 454 notes weeks 1-7 POLS 454 001

Danielle Smart
CSU Chico
GPA 2.3

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About this Document

first 7 weeks of notes
Legal Research and Writing
Teodora Delorenzo
legal research
75 ?




Popular in Legal Research and Writing

Popular in Political Science

This 5 page Bundle was uploaded by Danielle Smart on Wednesday January 20, 2016. The Bundle belongs to POLS 454 001 at California State University Chico taught by Teodora Delorenzo in Spring 2016. Since its upload, it has received 72 views. For similar materials see Legal Research and Writing in Political Science at California State University Chico.

Similar to POLS 454 001 at CSU Chico

Popular in Political Science


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Date Created: 01/20/16
Maintaining Currency Thursday, February 25, 2016 9:26 AM Gerald Mayo v Satan and his Staff - In form of pauperis Lodi v Lodi - Sued himself -.- Introduction - Sets of materials that can help determine the current validity of primary authorities - Used with constitutions, statutes, cases, administrative regulations and rules and some administrativedecisions ○ Shepard's Citations ○ Westlaw's KeyCite ○ LoisLaw's Global Cite ○ FindLaw also has similar function Intro0 Functions - Primary function- Validation function ○ Has the status of the case changed since it was published? ○ Has the state or regulation been amended, renumbered, or been found unconstitutional? - Secondary Functions -Finding Functions ○ Case Locator-Expandsyour research to additional cases on the same points  Parallel Citations  Law Reviews  Annotations  Other Secondary Sources Forms of materials - Shepard's Citations ○ Print Copy Books ○ Online ○ Lexis - KeyCite ○ Westlaw Only Definitions - Cited Authority: The authority you are going to shepardize or KeyCite - Citing Authority: The authorities that Shepard's sends you to when you shepardize - Cross Reference:Parallel Citations • It matters what authority you are citing!! Landmark in Shepard's Cases - Shepard's Sets- usually Jurisdictional - Case edition v statue edition print - Reporter or sources print - Time periods - Series number - Volume numbers - Inception pages - Case name - year - year Shepard's Citations- History Abbreviations VALIDATION - .a(affirmed) on appeal it was affirmed…good - .cc(connectedcase) - .D(dismissed) - .m(modified) - .r(reversed)onappeal citing authority was reversed…bad - .s(same case) - .S(superseded) - .v(vacated) - .e(explained) - .De(depublished) - .f(followed) - .j(dissenting opinion cites it) - .c(criticized) - .o(overruled) - .exponents( ○ .f 58 CaR2d^1 621  The one is the headnote. So that says headnote one of the cited authority. TreatmentAbbreviations - These 3 citing authorities, tell you how other courts have evaluated your cited authority. These abbreviations can be used with the secondary functions of Shepard's KeyCite - 2 approaches ○ KeyCite for history ○ KeyCite for citing references Executive Branch Tuesday, March 1, 2016 10:06 AM Administrative Law Defined - The law involving a governmental body not a judicial entity or a legislative entity often where the actions of that administrative agency are investigated. - The law made by the executive branch - AKA "Regulatory Law" - Sources of authority Administrative Agency - Agency - CIA - Authority - - Board - State board of education - Bureau - FBI - Commission - Commission on the status of women - Corporation - Legal Services Corp. - Department - DMV - Division - CA Division of Tourism - Foundation - CA Wildlife Foundation - Office - Office of Administrative Law - Service - IRS Types of actions engaged in by administrative agencies - Issue Rules & regulations ○ Statements that implement interpret or make specific policy ○ Generally more detailed than statues ○ Legal effect of regulations (same as statues) - Issue Licenses ○ Statements which are some form of permission, licenses, permits, certificates - Issue Orders ○ Statements which require action based upon the agency's authority - Issue Advisory Opinions ○ Statements which give the agency's opinion on contemplated actions ○ Often a request for an interpretation of law  Sec. 11. Effect of information Letters. An information letter issued by the department is informational only and is not binding on the department with respect to any particular factual situation.  Attorney General Opinion is binding - Issue Decisions ○ Statements which identify the agency's decision based on the actual controversies usually after an administrative hearing, often as part of the agency's enforcement responsibilities ○ Are usually binding because they are based on completed actions like advisory opinions ○ Some decisions are published e.g. Fair employment and Housing Commission's Precedential Decisions  Have to exhaust all administrative procedures before can go to traditional court FEDERAL AADMINISTRATIVE LAW - Chronological Arrangement ○ Official Federal Register (all proposed and all adopted regulations) ○ Contents ○ Access ○ Updating ○ Citation format  47 Fed. Reg. 48585 (June 10, 2010) Federal Admin Law Cont. - Chronological arrangement ○ Unofficial - No hard copy ○ Some publication in microfiche and micro film ○ Online but same documents - Subject arrangement ○ Official code of federal Regulations OAL - Office of administrative Law  Contents Notice Register  Access Authority and reference  Updating - Gives the source that you can trace back to  Citation Format - Gives the law and code sections. The annotations will be the rules and ○ 35 Code of federal Regulations part 1234 (2003) OR (35 C.F.R. § 1234 (2003)) regulations - Unofficial - NONE ○ Lexis, Westlaw ○ On-line ○ Govt. Printing office - Secondary Sources ○ Law an legal information directory ○ US Government manual ○ Federal regulatory review ○ ETC. View the slides for complete list CA Admin Law - Chronological Arrangement ○ Official- CA Regulatory Notice Register ○ CA regulatory code supplement (digest of new regulations ○ AKA "NOTICE Register" "z Register" ○ Weekly alert service focusing on new and proposed regulations- adopt, amend or repeal - Unofficial No hard copy ○ Some publishers have - Subject Arrangement POLS 454 Page 3 - Subject Arrangement ○ Official - CA Code of Regulations aka CA administrative Code ○ Contents ○ Access ○ Updating  The CA Regulatory Code Supplement (Digest of new Regulations) ○ Citation Format California Code of Regulations, title 12, section 345.9 OR (Cal. Code Regs., tit. 12, § 123, subd.(a)(3).) ○ No unofficial- No hard copy ○ CCR available on microche ○ Etc. see slides for complete list POLS 454 Page 4 Assignment 4… Thursday, March 3, 2016 10:27 AM 4. Need to use 6 minimum cases. 6. Use either century gothic or arial font and 1 inch margins 7. Do not use cases older than 50 years! 11. Need 3 secondary sources! 17. How grading will be based 16. Helpful chapters in the book 14. Specifically address whether or not any administrativelaw does apply. FACTS - Teddy will give us an outline - Start taking case we already have to compareand contrast the facts in the cases we have already with the fact pattern ○ Fedco ○ Wilson ○ Lyons ○ Mulder - We have 3 weeks for the assignment - Start writing - No available n weekends or after 8pm -and before 8am - Due before the strike 66


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