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Ohio Secondary Sources

How do I?

-See if a case or statute is still good law

-Find the definition of a term under Ohio law

-Find the elements of a criminal or civil action

-Find a form

-Keep current on Ohio law

Secondary sources comment upon, describe, explain or analyze the law and can help to find primary source materials, such as cases, statutes, rules and regulations.

Citators

Shepard's (Lexis) or Keycite (Westlaw) lists subsequent cases that cited the case in question, and whether the subsequent case overruled, affirmed, or discussed the case in question. Shepard's Ohio Citations (Lexis Publishing, 1965 -) KFO 59 .S54 [Reference and Ohio Room]. Shepards and Keycite lists secondary sources that cite the case in question. Besides cases, you can also shepardize or keycite statutes and regulations.

Shepards is available electronically to law school students and faculty via Lexis passwords and to other Law Library users at reference area workstations. Keycite is available to students and faculty via their Westlaw passwords.

Citators can be used (1) to find out how subsequent cases applied the law established in a particular case/statute/regulation or (2) to make sure a case/statute/regulation is still good law.

In order to make sure a case is "still good law", don't stop at Shepard's or Keycite. It is possible the case is no longer good law, but no subsequent case ever cited that case as overruled. Looking at the Table of Authorities in Lexis will help determine whether the underpinning cases cited in a decision have been overturned. Thorough research of a question through electronic searches and/or secondary sources should reveal any changes in the law. Additionally, you should also check the statutes to see if the case was overruled by statute.

Further reading:

 

Digests

West's Ohio Digest (West Group, 1949 -) KFO 57 .W47 [Reference, Ohio Room] is a subject index to cases. It contains brief summaries ("squibs") of Ohio cases, both State and Federal. The squibs are grouped into topics- for example Appeal and Error, Corporations, Taxation, etc. Each topic has an outline, and each subtopic in the outline is assigned a "key number" (for example, Corporations k46 - Acting in False or Assumed Name). You can browse the topic outline to find an appropriate key number. Or, you can look up a subject or keyword in the Descriptive Word Index to find a key number on point to your research. When you find a good key number, you find summaries of cases on the point of law in question.

Cases in West's reporters, such as the North Eastern Reporter, KF135.N6 N62 [Second Level Library] have "headnotes" for each point of law in the case. The headnote is the same summary or "squib" contained in the Digest. The headnote is accompanied by the assigned key number. So, if you have one case on point, you can find other cases on point by taking the key number from the headnotes of the case, and looking in the Digest under that key number. The Digest also contains a table of cases, listing the key numbers contained in the headnote of each case.

West's digest is available on Westlaw by clicking on Site Map> West Key Number Digest (Custom Digest).

Newer cases on Lexis use Lexis headnotes to identify points of law in the case, and can be used to access other cases on point.

Further reading:
 

Words and Phrases

West's Ohio Digest KFO 57 .W47 [Reference, Ohio Room] and Ohio Jurisprudence 3d KFO 65 .O3543 [Reference, Ohio Room] both contain Words and Phrases volumes. If you want to find out how Ohio courts define certain words, Words and Phrases is the place to look. The volumes are arranged alphabetically by word or phrase. Under each word or phrase are summaries from Ohio cases, defining that word or phrase.

The same information can be obtained by doing a field search on Westlaw. Put the term you want defined in the Words-Phrases (WP) field.

Ohio statutes may define a term as well.

 

Encyclopedias

Ohio Jurisprudence 3d (West Group, 1977 - ) KFO 65 .O3543 [Reference, Ohio Room] - Alphabetical arrangement of articles on legal topics.  Articles have references to cases, statutes and other primary sources. There are Index volumes, but be warned that the Index volume is not always up to date. You may have to consult a cross-reference table at the beginning or end of the O.Jur.3d article or the O.Jur.3d volume.  If you have a case, statute or court rule, you can easily find an O.Jur.3d section on point by using the Table of Laws & Rules, and Table of Cases volumes. Ohio Jurisprudence 3d is available on Westlaw (OHJUR )

 

Causes of Action

Elements of an Action (Thomson West 2006) - KFO530.E44 2007 [Reference] - lists the elements of various civil causes of action. "Elements" are what the plaintiff needs to prove to prevail upon a specific cause of action, such as breach of contract or defamation.  The book also contains the following for each cause of action: cites to case authority; cites to jury instructions or the text of a jury instruction; damages available; the statute of limitation; defenses; counterclaims; checklists and forms.

Elements of an Action does not include every civil cause of action in Ohio. Other sources to find the elements of a civil action include: Ohio Jury Instructions KFO542.A65 O36 (Also on Lexis & Westlaw); Ohio Jurisprudence 3d KFO 65 .O3543(also on Westlaw) and Anderson's Ohio Civil Practice : KFO530 .A8 (also on Lexis - Ohio Civil Practice with Forms) or by doing a electronic case search such as "elements /s ________( fill in the cause of action)."

A case search, Ohio Jury Instructions and OJur3d can also help find elements of a criminal action. Also consult Katz Gianelli Criminal Law (West Group, 1996 - ) KFO 561 .K37, Westlaw ( OHPRAC-CRIM ).

 

Form books

Not only do form books provide sample forms, they may also provide text discussion and drafting checklists. There are transactional form books (for wills, contracts, etc.) as well as pleading and practice form books (for pleadings filed during litigation). Also, many practice books contain forms - see the discussion on practice books, below. Form books are located in Reference, Reserve and the Ohio Room, but some form books in the Ohio Room are not current.

Transactional Form books

Pleading and Practice Form books

Practice Books - see below

More places to find forms:

 

Practice Books

Practice materials arranged by legal subject provide in-depth discussions on Ohio law and sample forms. There are many references to primary sources (statutes, case law, etc.), forms, and other secondary sources. Current Ohio practice materials are located in the Reserve or Reference areas of the Law Library and older copies are shelved in the Ohio Room. 

Ohio Practice books can be found on Lexis by clicking on the Ohio tab, then clicking on Search Analysis & CLE Materials. On Westlaw, click on Directory (top of the screen)>U.S. State Materials>Ohio> Forms, Treatises, CLEs & Other Practice Material.

Seminar and CLE (Continuing Legal Education) materials are also available. See Ohio Continuing Education Publications Available at the Law Library

Here are some of the practice books available. You can search the Scholar catalog for more:

Business Law

Civil Practice and Procedure

Criminal Law

Domestic Relations

Evidence

Municipal Law

  • Gotherman, John E., Babbit Harold W., & Lang, James F. Local Government Law - Municipal (Thomson/West, 2004-) KFO431.A6 G67, Westlaw ( OHMUNL )

Probate

Real Property

School Law

Securities Law

Torts

 

Law Reviews and Journals

Academic law reviews and journals contain articles written by legal scholars, student notes, commentaries and reviews. They are excellent sources for in-depth discussion of discrete legal issues and citations. See Finding Articles in Law Reviews, Journals and Other Legal Periodicals.

It is logical that law reviews published by Ohio law schools often have articles pertaining to Ohio law. The following list of Ohio law reviews on Lexis gives an idea of some of the law reviews published by Ohio law schools. Note that Lexis and Westlaw do not contain copies of older law review articles. The law library has copies of older law reviews in print - consult the Scholar catalog. Older law review articles can be obtained on HeinOnline.

Lexis: Ohio Law Reviews Combined The Ohio Law Reviews contains the full text of documents from Case Western Reserve Law Review from 1982, Cleveland State Law Review from 1994, The Journal of Pharmacy and Law from 1993, Ohio Northern University Law Review from 1993, Ohio State Law Journal from Fall 1982, University of Cincinnati Law Review from Summer 1992, University of Dayton Law Review from 1993, University of Toledo Law Review from Fall 1992, Case Western Reserve Journal of International Law from 1993, Canada-United States Law Journal from 1994, Health Matrix from 1994, Capital University Law Review from 1993, Journal of Law and Health from 1993

Westlaw : Ohio Journals and Law Reviews ( OH-JLR ) This database includes selected documents from law reviews, bar journals and other legal periodicals published in the state of Ohio.

To find law review articles dealing with Ohio law using Wilson Web's Index to Legal Periodicals, just type in "Ohio" as a subject or all-smart search term.

 

News and Blogs

Subscription Newsletters and Magazines:

The following are some of the publications that can help you keep up to date with current developments in Ohio Law. (Generally current issues on Reserve, others on Base Level with bound periodicals - Check Scholar for location)

  • The Daily Legal News and Cleveland Recorder (G. A. Robertson, 1970 - ) [Current three months only - Base Casual Reading Room] - legal newspaper containing new court cases filed, legal notices and summaries of cases.
  • Central Ohio Source - The Daily Reporter - (Columbus) (Reporter Publishing Co., 1955 - ) [Current three months only - Base Casual Reading Room] - legal newspaper. Court filings, public notices, sheriff's sales. Searchable archive at: http://www.sourcenews.com
  • Cleveland Bar Journal (Cleveland Bar Association, 1968 - ) K 3 .L491
  • Ohio Lawyer (Ohio State Bar Association, 1986 - ) KFO 200 .O195
  • Law & Fact (Cuyahoga Bar Association, 1964 - ) KF 12 .A914
  • Domestic Relations Journal of Ohio [West Group, 1989 - )Westlaw ( OHDRJ ) KFO 94 .A15 D66
  • Ohio Employment Law Letter (M. Lee Smith Publishers, 1990 - ) KFO 331 .A15 O38
  • Ohio Trial (Ohio Academy of Trial Lawyers, 1985 - ) KFO 538 .A1 O35
  • Probate Law Journal of Ohio Westlaw ( OHPRLJ ) KFO144.A15 P76
  • Sixth Circuit Review (M. Lee Smith Publishers, LLC, 1980 - ) KF 112 .S52
  • The Vindicator (Ohio Association of Criminal Defense Lawyers, 1987 - ) K 26 .I5

Blogs

Can help keep you informed of current legal news in Ohio.

 

Other Ohio Legal Research Guides

 

SA, July 3, 2007

 


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