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GENERAL RESOURCES

This guide was prepared for students working in the Suffolk University Law School Pro Bono Program although some of the resources may be useful to others doing legal research.

Outline

Introduction Finding Resources
   
Secondary Sources Primary Sources

Introduction

This guide introduces some general materials helpful when starting legal research. As this guide was prepared for the Pro Bono Program at Suffolk University Law School many of the resources reviewed are particular to Massachusetts law. Where appropriate this guide links to other guides prepared for the Suffolk University Law School Pro Bono Program or by the Moakley Law Library.

Finding Resources

Moakley Law Library Catalog
The best search to run in the law library catalog is a keyword search.

Research Databases
The library has many databases available to current law students, faculty, and staff. The Social Law Library database may be particularly useful for finding Massachusetts trial court and administrative law decisions.

Secondary Sources of Law

General Treatises

Fundamentals of Legal Research / Barkan, Mersky & Dunn

(Law Reserve KF240 .B32 2009)

Legal Research in a Nutshell / Cohen & Olson
(Law Reserve KF240 .C54 2010)

Massachusetts Treatises

Massachusetts Practice Series

(Law Reserve and Reading Room Floor 5 KFM 2480.M3 1993; updated with pocket parts; and available on Westlaw - database identifier: MAPRAC)

Massachusetts Practice provides thorough coverage of many areas of law with citations to prevailing cases, statutes and forms.  This is an indispensable resource to attorneys practicing in Massachusetts.

Handbook of Legal Research in Massachusetts / Editor, Mary Ann Neary
(Law Reserve KFM 2475.H36 2009; also available on Lexis and Westlaw)
An excellent starting point when conducting legal research in Massachusetts. This treatise will explain how to locate cases, statutes, regulations and secondary sources.

MCLE Treatises
The Handbook of Legal Research in Massachusetts is only one helpful publication by the Massachusetts Continuing Legal Education. The library has a number of other MCLE publications in print and a select number of MCLE treatises are available on Lexis and Westlaw. To find print publications search the catalog by keyword and add the additional term "MCLE." On Westlaw, enter MA-CLE in the database box and search particular titles. On Lexis scroll - States Legal - Massachusetts - All Massachusetts Treatises - Analytical Material.

Examples of some helpful MCLE titles: Massachusetts Basic Practice Manual (Reserve KFM2480.M265 2009); Massachusetts Probate Manual (Reserve KFM2544.M37); Massachusetts Superior Court Civil Practice Manual (Reserve KFM2930.M47); and Massachusetts Superior Court Criminal Practice Manual (Reserve KFM2975.M386).

Swartz's Massachusetts Pleading and Practice
(Law Reading Room and Reserve KFM2930.S95; also available on Lexis)
Multi-volume treatise that is widely used by Massachusetts litigators. Includes forms.

Massachusetts Web Pages

Massachusetts Trial Court Libraries

http://www.lawlib.state.ma.us/subject/about/index.html

The Massachusetts Trial Court Libraries have guides in many areas of law that include online resources, links to forms, and other helpful sources.

Massachusetts Government Web Pages

Massachusetts Courts
Massachusetts Administrative Agencies

Mass Legal Help

http://www.masslegalhelp.org/

This web site includes self-help forms, sample letters, booklets, handbooks, and a FAQ section in many areas of law including housing, domestic violence, children & Families, unemployment, mental health & health, immigration and disability.

Library Guides for Massachusetts Law
The law library has created many guides that may be helpful to you working on your pro bono project in Massachusetts, including:

Massachusetts Administrative Law Guide
Massachusetts Case Finding Guide
Massachusetts Civil Procedure Guide
Massachusetts Legal Forms

Federal Treatises

Federal Practice Manual for Legal Aid Attorneys
(Law Treatises KF336.A8 F43 2004; updated version available online at: http://www.federalpracticemanual.org/node/3)
Very practical guide covers topics preparing for litigation, alternatives to litigation, jurisdiction, drafting & filing the complaint, and trial practice.

Federal Civil Litigation in the First Circuit
(Law Reserve KF9054 1st.F428 2008)
Insightful guide to litigating a civil matter in the first circuit covers preliminary motions through appellate actions. Gives citations to leading cases. Includes a chapter on practicing in the District of Massachusetts.

Treatises in the Law Library
The law library has a number of treatises on federal practice & procedure and has prepared a list of the most widely used treatises.

Federal Web Pages

United States Courts
Web page of the U.S. Courts.

U.S. District Court for the District of Massachusetts

United States Court of Appeals for the First Circuit

Library Guides for Federal Practice
The law library has created many guides that may be helpful to you working on your pro bono project in Massachusetts, including:

Code of Federal Regulations
Federal Administrative Law

Primary Sources of Law

Links to Massachusetts and Federal statutes and regulations are to free sources of law. These sources may not be updated frequently and are unannotated.

Massachusetts Statutes

Massachusetts official codified statutes are called the General Laws of Massachusetts (Law Reading Room KFM2429 .M37). There are two unofficial editions of the General Laws: Massachusetts General Laws Annotated published by Thomson West and available on Westlaw (Law Reading Room KFM2430 1958 .A42) and Annotated Laws of Massachusetts published by Lexis Publishing and available on Lexis (LAw Reading Room KFM2430 1932 .A2).

The best place to start research is in an annotated version of the General Laws. Annotated versions have case notes (references to cases that have interpreted the statutes) and research references (list law reviews, treatises, and practice materials that have interpreted the statute). Additionally annotated versions have more current updating and more robust indices.

Massachusetts Legislature Home Page

The General Court of Massachusetts, including links to the current statutes, a legislative tracking system, and other legislative information

Massachusetts Regulations

he official source for codified Massachusetts administrative regulations is the Code of Massachusetts Regulations, KFM2435 1978 .A213 (5th floor reading room). This 25-volume, 37-binder set is published by the Office of the Secretary of the Commonwealth of Massachusetts. For more information about using the Massachusetts Regulations in print and online, see the Moakley Law Library Guide to Massachusetts Administrative Law.

Massachusetts Cases

There are four basic levels of courts in Massachusetts. First are the trial courts of limited jurisdiction. These include: Juvenile court, Housing court, Land court, Probate & Family court, District court, and Boston Municipal Court. Cases from these courts can be appealed to Superior Court, a trial court of general jurisdiction. Superior court cases can be appealed to the Appeals Court, the "intermediate appellate court" in Massachusetts. Finally Appeals Court cases can be appealed to the Supreme Judicial Court of Massachusetts. Not all of these courts publish official decisions.

Supreme Judicial Court of Massachusetts
Massachusetts Reports is the official reporter for the Massachusetts SJC. North Eastern Reporter contains "unofficial" reports of cases from the Mass. SJC, as well as the Mass. Appeals Court.

Massachusetts Appeals Court
Massachusetts Appeals Court Reports is the official reporter for the Massachusetts Appeals Court. North Eastern Reporter contains "unofficial" reports of cases from the Mass. SJC, as well as the Mass. Appeals Court.

Massachusetts Trial Courts
There are no official reports of the decisions of any department of the trial court although there are a few unofficial sources and select decisions from the Superior Court, Land Court, and Housing Court can be found through the Social Law Databases. To access these decisions, using the Law School Legal Databases. Once on the Legal Databases web page, select Social Law Databases.

For more information on the Massachusetts Courts see the Massachusetts Case Finding Guide.

Federal Statutes

United States official codified statutes are published in the United States Code, often called the U.S.C. (Main Reading Room KF62 2006.A2). The Law Library has two unofficial versions of the U.S.C., the United States Code Annotated (Main Reading Room KF62.A4), also found on Westlaw, and the United States Code Service (Main Reading Room KF62 .L38), also available on Lexis.   The indexes of the annotated codes are published more frequently than the indexes for the U.S.C. Also the annotated versions provide legislative histories, relevant citations and other helpful information.

A free version of the U.S.C. is also available on FDsys.

Federal Regulations

Federal Regulations are are codified in the Code of Federal Regulations, often called the CFR (Main Reading Room KF 70.A3). The CFR is divided into 50 titles and published annually. The CFR is also available on Lexis, Westlaw, and freely available on FDsys.

For more information on searching for Federal Regulations see the Moakley Law Library Code of Federal Regulations Research Guide.

Federal Administrative Decisions

In addition to promulgating regulations, a quasi-legislative function, federal administrative agencies sometimes also issue administrative decisions, a quasi-judicial function. A number of administrative decisions can be found in print sources (for a complete list of official agency reports and commercial services, take a look at Appendix D in How to Find the Law or Finding the Law), on Lexis, Westlaw, and increasingly freely available online on agency web sites. For a list of agency decisions by subject see this University of Virginia Library web page.

 

 

*Note: Westlaw and Lexis are subscription databases with limited availability. Other databases or resources may only be available to members of the Suffolk community or from computers at the Law Library.

If you have questions or comments, please email: Rick Buckingham, Reference Librarian.

Created: October 10, 2010.



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