Thursday’s Tome

I thought this week we’d take a break from the strictly legal resources and look at a more lighthearted source.  We all know that the law comes from statutes or cases or the common law . . . but oftentimes it can be tedious to learn about all of it that way.  So here’s a recommendation that deals with law — but is first and foremost a story.

William Shakespeare wrote The Merchant of Venice between 1596 and 1598.  This fantastic tale of Antonio and his friend Bassanio, suitor to the Lady Portia, and their travails with Shylock the Jew, is a thrilling and rich treat for readers of all ages.  Each time I soak in the immortal words, I gain a deeper understanding of all the nuances therein.

The most famous scene (as far as lawyers are concerned at least) is at the end in Act IV, Scene I.  Antonio owes Shylock a large sum of money, and he bargained that if he could not repay his debt, Shylock could take a “pound of flesh” from Antonio.  In this scene, Shylock and Antonio are before the Duke debating their relative claims under this contract.  The Lady Portia (in disguise) approaches as a lawyer on behalf of Antonio.  She states that the contract cannot be changed:

It must not be; there is no power in Venice

Can alter a decree established:

‘Twill be recorded for a precedent,

And many an error by the same example

Will rush into the state: it cannot be.

Shylock thinks he has won the day and approaches Antonio with a knife to carve out his pound of flesh, but Portia continues:

Tarry a little; there is something else.

This bond doth give thee here no jot of blood;

The words expressly are ‘a pound of flesh:’

Take then thy bond, take thou thy pound of flesh;

But, in the cutting it, if thou dost shed

One drop of Christian blood, thy lands and goods

Are, by the laws of Venice, confiscate

Unto the state of Venice.

In one short statement, Portia eliminates Shylock’s ability to claim his pound of flesh because it is impossible to do so without taking blood also.  

To an aspiring lawyer, this clever analysis of the letter of the contract symbolizes the brilliance they hope to one day attain as lawyers.  So if you’re feeling blue and stressed from your legal studies, take a moment to read The Merchant of Venice and find your inspiration restored.

Searching for the Truth

A few years ago, I applied to law school with the following entrance essay.  While I have since learned that there must be a balance of vital and non-vital information, and that lawyers must advocate zealously and in good faith for their clients, I still believe that the underlying message remains the same.  That as members (or soon-to-be members) of the legal profession, it is our duty, our obligation, and our greatest honor to seek out the truth and to preserve it in the face of adversity.

“From an early age, I despised injustice.  I believed then and believe now in the truth, the whole truth, and nothing but the truth.  I once believed that, just as in fairy tales, the wicked were always caught and punished accordingly.  I thought that the good always triumphed over the evil.    I believed the good to act as truly heroic men should, namely with a sense of honor and respect for their fellow man even as they dealt out their judgment.  As I have grown up, I realize more and more how little the world understands of true justice, i.e. the quality of being fair and reasonable, tempered with mercy and compassion.  Too often mankind deals out the harsh and swift fist of punishment and retribution without recollecting the innate worthiness of each human being.  This harsh attitude, however, is a product of the era because as crime increases and our patience wears thin, the methods and judgments become more merciless.  I believe that a crime should be punished; however, that punishment should be accompanied by a firm but compassionate understanding of the condemned person’s dignity.  

In the practice of law, I would strive towards uncovering the truth and presenting it without qualms.  I have heard for some that the client comes first, even before the truth.  This seems selfish and arrogant on the part of the lawyer and their clients.  They take the determination of the full truth into their own hands, modifying the code of honorable justice to fit their own personal uses.  While some people may attempt to cover up the less savory facts of their client’s involvement, I believe that the whole truth should be stated.  If man is to truly judge one another, all of the facts must be presented without remiss.  Both the good and the bad should be taken into account.  In some cases, there is a clear verdict concerning the criminal and the victim.  Other cases require a great deal of research and presentation from both sides.  In all of this, however, a worthy lawyer should balance the good and bad of his client, presenting a truthful story to the judge and jury.  Hiding vital or non-vital information from the court is the same as lying.  In order to arrive at the truly just decision, a judge and jury must have all the information.  Thus, a lawyer who intends to uphold the banner of justice must make the pursuit of the whole truth his life’s work.

As a lawyer, your work is to defend your client and gain the best settlement possible.  If you have a lost cause where your client is clearly the just recipient of punishment, you should strive for a fitting punishment.  A punishment that is neither excessive nor too lenient is the just reward for evil acts.  By presenting the truth with a favorable emphasis on the better parts, a lawyer may achieve a settlement nearer true justice.  No sane person enjoys inflicting pain upon another human being; however, in this fallen world, pain and punishment are unfortunate necessaries for creating a safer world for us all.  In the practice of law, I believe one must follow a type of tough love for one’s clients.  This is a relationship where you act in the client’s true best interest, even if it includes unpleasant retribution.  In order to truly do your best, you must place the truth above the personal qualms or fictitious claims of a client.  

 This, then, is my understanding of how a good lawyer should act.  In my pursuit of law, then, I would endeavor to seek and understand the truth.  My desire is to better the world around me through example and hard work.  In law, I would give a voice to the voiceless, a just support to the defenseless, and a compassionate punishment to those deserving of retribution.  Throughout my studies in law school, I would seek a deeper and fuller understanding of the law itself and of the truth.  

In this pursuit of the truth, I have already spent four years of dedicated study.  My education in the liberal arts included a thorough instruction in philosophy through which I can see the absolute truths and work towards the practical application in a specific situation.  Having thus molded my mind towards the absolutes, I can more easily and readily pursue an education which furthers the practice of the truth.  This, then, is my reasoning behind the pursuit of law.  I desire to provide true justice to the world around me and aid my fellow man in their search for the truth.  Through the practice of law, I should be able to uphold the truth in the face of doubt and bring clarity into the darkness of deceit and confusion.  Ultimately, as a lawyer, I should endeavor in every aspect of my life to carry the truth, the whole truth, and nothing but the truth.”

Thursday’s Tome

Restatement.  “One of several influential treatises published by the American Law Institute describing the law in a given area and guiding its development.  The Restatements use a distinctive format of black-letter rules, official comments, illustrations, and reporter’s notes.  Although the Restatements are frequently cited in cases and commentary, a Restatement provision is not binding on a court unless it has been officially adopted as the law by that jurisdiction’s highest court.”

~ Black’s Law Dictionary 1428 (9th ed. 2009)

Agency.  Conflict of Laws.  Contracts.  Employment Law.  Property.  Torts.  

And so much more . . .

To everyone struggling through law school, grasping for that legal  understanding as you scour the case law for the elusive rules that will make or break your case — this post is for you.  

It is most certainly important to develop and maintain an ability to read a case and pull out the law in order to support your client’s case.  But sometimes it’s difficult to wade through the verbose language of the courts to the individual nuggets of legal wisdom.  That’s where the Restatements come in handy.  

The Restatements are just like they sound — they “restate” the law from the cases and statutes in a readable, searchable, and understandable format.  When using a Restatement, remember that there are two major components.  The first is the actual text of the black letter law accompanied by commentary explaining it and hypothetical examples for illustration.  The second is the appendix which includes case commentary and citations to lay the foundation for the black letter law.

As a secondary source, the Restatements can be invaluable for quick and easy access to the black letter law as well as explanations thereof.  Just remember that the Restatement of the law is not actually the law itself.  You still need to find the law in the cases or statutes from whence the restatement came.  Unless, of course, your district has adopted a particular Restatement as binding authority.

Happy researching!  If there’s a source you’d like to hear more about, please comment!

Law Library: Teaching & Learning Center

Long gone are the days when the library was mainly thought of as a repository of old books where people went to pass the time. For a majority of developed nations, the library became the nursery of ideas. The library is a sacred place where human beings aspire to make the most of themselves. Law libraries, in particular, developed into the centers of the communities where lawmakers and law professionals interacted and polished their advocacy skills. Today, the law library has evolved to become the laboratory where investigation is conducted, where information is disseminated, where thoughts and actions are discussed and turned into rules to live by.

Times may have changed, and the platforms or vehicles used to learn from may look different, but the process of research is the same. The law library lets you become one with the authority behind a policy. It provides a safe haven where you can study and ask for guidance filtering the enormous amounts of information that drown us. It has gone from being the place where you would seek the most information to the place where you would seek the best source of information.

A good law library can make or break a person’s life. It can be used to pursue much more than that to which ordinary beings aspire. The law library can be a place where one is challenged, but in the process one is changed. A person learns to question properly. A person learns to answer prudently. It is a place where a diamond in the rough sheds its sharp edges and becomes smooth, becomes bright, becomes wise.

When someone chooses to sit quietly and to read the items that a good law library houses within, that person changes. Something magical transpires that lets the spirit wonder. It becomes an incubator for change in the ways that one sees fairness, justice, equality and more. When that change takes place, the environment around that soul changes as well. A good law library is a place where one finds the seeds to plant along the way of the rest of one’s life. It is a place that has no boundaries, for the teaching and learning that take place changes the face of the world around it.

Thursday’s Tome

No matter what area of law you practice, you will inevitably need numerous forms.  These forms can be difficult to understand at times, and there is no need to reinvent the wheel when you can simply modify a pre-existing one to suit your particular case.

To that end, there are numerous sources for forms.  I’m going to list off a few of my favorites that we have here in the library in book format.

Am Jur Legal Forms 2d

“This comprehensive set of American Jurisprudence legal forms allows clear, accurate, and informed application of more than 22,000 legal documents. Arranged alphabetically, each title contains form drafting guides, notes on use, and copious sample forms. Includes a separate Federal Tax Guide to Legal Forms, covering pertinent tax law, which is cross-referenced to the volumes of forms. Provides text discussions, checklists, finding aids, chapter outlines, commentary, practice aids, and a detailed index to the entire set.”

Nichols Cyclopedia of Legal Forms

“This multivolume library of transactional forms covers more than 230 topics of law, such as contracts, deeds, wills, trusts, articles of incorporation, and merger agreements. Includes all the forms, checklists, questionnaires, and tax information needed to facilitate a transaction or relationship between parties. (It does not contain litigation or pleadings forms filed with courts in the context of legal proceedings.) Each subject area contains overviews of topics arranged alphabetically throughout the volumes, tax implications, drafting checklists, and references to other publications. Includes state-specific statutes to help locate provisions and phrasing needed to comply with a state’s particular requirements.”

West’s Legal Forms 

“West’s Legal Forms provides you with a selection of customizable forms suitable for drafting a wide range of legal documents. It is organized around major topics of law and offers expert guidance on related law and procedure from practicing attorneys. It includes detailed commentary, analysis, checklists, and library references to the Key Number System and covers: Business organizations; Retirement plans; Debtor-creditor relations; Real estate transactions; Domestic relations; Estate planning; Commercial transactions; Elder law; Patents; Copyrights and trademarks; Employee benefit plans; Employment agencies; Service agreements; and General forms.”

Breaking News – Research Guides

Our students, faculty, and staff often put together research guides on various legal topics.  Once the library staff have reviewed the guides, we publish them for the general public.  Our emphasis is on providing the information necessary with as little cost to the user as possible.

For all of our research guides, visit our main website at: Ave Maria Law Libguides.  Please take a moment to peruse the latest guides we’ve published:

• Child Abuse and Neglect by Rebekah Skiba
• Cultural Resource Management by Luis Cortinas
• DUI Laws and Administrative Sanctions by Timothy Culhane
• Elder Law by Tina Marie Soriano
• Evolution of Euthanasia by Jessica French
• Expert Nurses & Malpractice Suits by Elizabeth Einhorn
• Florida Consumer Collection Practices Act by Mark Rasmuson
• Florida DUI Law by Blake Mevis
• Florida Estate Planning by Leesha Newkirk-Crouch
• Florida Laws on Maintaining Sibling Groups by Claire Salitsky
• Florida Living Trusts by Bryce Davis
• Helping to Serve Our American Heroes Returning Home: Filing a Reemployment Suit for a Disabled Military Veteran by Christina Pasquali 
• Human Trafficking by Amanda Guerrant
• Individualized Education Programs: What are they and how do I get one for my child? by Caroline Gould
• Social Media & the Law by Brittany Cowan
• Special Needs Trusts by Timothy Davenport
• Trade Secrets by Timothy McCan
• U Nonimmigrant Visa Application by Alexa Rodriguez
• Virginia Probate Law by Christopher Taylor

Thursday’s Tome

There are thousands of cases filed and decided every day.  Where can we find the ones we need for precedent?  That depends on your jurisdiction — is it State or Federal?

Federal cases are all published chronologically in the Federal Reporter (F.; F.2d; F.3d), which is available online for free here and here.  You can also find the print version at your local law library.  The books like like this: 

 

State cases are also published chronologically in various Reporters based on region.  They are:

• Pacific Reporter (P.2d; P.3d): Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington and Wyoming.
• Atlantic Reporter (A.; A.2d; A.3d): Connecticut, Delaware, the District of Columbia, Maine, Maryland, New Hampshire, New Jersey, Pennsylvania, Rhode Island, and Vermont.
• California Reporter (Cal.; Cal. 2d; Cal. 3d; Cal. 4th): California.
• North Eastern Reporter (N.E.; N.E.2d): Illinois, Indiana, Massachusetts, New York, and Ohio.
• North Western Reporter (N.W.; N.W.2d): Iowa, Michigan, Minnesota, Nebraska, North Dakota, South Dakota and Wisconsin.
• South Eastern Reporter (S.E.; S.E.2d): Georgia, North Carolina, South Carolina, Virginia, and West Virginia.
• South Western Reporter (S.W.; S.W.2d; S.W.3d): Arkansas, Kentucky, Missouri, Tennessee, and Texas.
• Southern Reporter (So.; So. 2d; So. 3d): Alabama, Florida, Louisiana, and Mississippi.

Once you’ve found the appropriate Reporter, how do you use it?  A typical case citation will lead you directly to the correct volume and page. 

 

As you can see from the image above, the first number in a citation tells you the volume number, the letters in the middle tell you which Reporter, and the last number is the page number within that specific volume.

As always, if you ever have any questions, ask your local librarian!