Research and Writing
Professor Morris –
Spring 2011
I. Legal Authority
a. Primary Authority (Only primary can be binding in a court)
i. Codified – Binding or Nothing
1. Constitutions
2. Statutes
3. Court Rules
4. Administrative Rules
ii. Case Law/Precedent (If on point and from your jurisdiction then binding)
1. Applying Common Law
2. Applying Codified Law
b. Secondary Authority (Never Binding and not as persuasive as persuasive primary authority)
i. Two Purposes
1. Persuasive – Analyzes and synthesizes law so it can be used for background research as persuasive authority.
2. Finding Aid – Helps in finding law
ii. Encyclopedias
1. Michigan
a. Michigan Civil Jurisprudence
b. Michigan Law & Practice
2. National
a. American Jurisprudence 2d
b. Corpus Juris Secundum
iii. Treatise
1. e.g. Prosser, Torts
iv. Periodicals
1. Cooley Law Review
2. Michigan Bar Journal
v. A.L.R. Annotations
1. American Law Reports
vi. Restatements
c. Finding Aids
i. Digests
1. Michigan
a. West’s Michigan Digest
b. Callaghan’s Michigan Digest
c. Michigan Appellate Digest
2. National
a. West’s Regional Digests
b. West’s Federal Digests
c. West’s Decennial & General Digests
ii. Shepard’s Citations
II. Reporters
a. State
i. Supreme Court
1. Michigan Reports (Official)
ii. Court of Appeals
1. Michigan Appeals Reports (Official)
iii. West’s National Reporter System (Unofficial/Regional)
1. North Western Reporter
2. Atlantic Reporter
3. North Eastern Reporter
4. Pacific Reporter
5. South Eastern Reporter
6. South Western Reporter
7. Southern Reporter
8. California Reporter
9. New York Supplement
iv. Trial Courts
1. e.g. circuit, district, or probate
2. Generally, opinions not published – except in a few states (e.g. California and New York)
b. Federal
i. United States Supreme Court
1. United States Reports (Official)
2. Supreme Court Reporter (Unofficial)
3. Supreme Court Reports, Lawyers’ Edition (Unofficial)
ii. United States Courts of Appeal (13 Circuits, 11 Numbered, Mich. in 6th)
1. Federal Reporter (Unofficial)
iii. United States District Courts (Every state has at least one. Michigan has two – E
district and circuit courts may choose which panel to follow
4. Michigan courts are bound only by the United States Supreme Court on constitutional and other federal issues.
ii. Federal
1. Lower courts are bound by higher courts
2. One circuit is not bound by other circuits
3. District courts are bound only by their circuit
iii. Dictum is not binding
iv. For binding effect, a majority of the judges who decided the case must support the rule.
IV. Research Process
a. Preliminary Analysis – Step 1 (Assuming a state law issue)
i. State Treatises (e.g. Cameron, Michigan Real Property Law)
ii. State Encyclopedia (e.g. Michigan Civil Jurisprudence or Michigan Law & Practice)
iii. National Treatises – (e.g. McCormick, Evidence) if:
1. state sources are inconclusive,
2. for broader understanding, or
3. for federal law issue
iv. National Encyclopedia (e.g. American Jurisprudence 2d or Corpus Juris Secundum)
v. Periodicals?
