by Paul Axel-Lute
(last updated November 3rd, 2009)
Note: New Jersey Legal Research Handbook (5th ed., 2008) is available from the New Jersey Institute for Continuing Legal Education, One Constitution Square, New Brunswick, NJ 08901-1500, tel. 732/249- 5100, fax 732/249-1428.
Updated chapters: 2 | 3 | 5 | 6 | 7 | 8 | 9 | 11 | 13 | 15 | 16 | 17 | 19 | 21 | 22 | 23 | 26 | Appx.B
Campus Research is a version of Westlaw subscribed to by some colleges and universities. It includes: federal and state statutes, regulations, and case law (but not state session laws); briefs in U.S. Supreme Court cases; some federal legislative history material; law reviews; the legal encyclopedia American Jurisprudence 2d; the ALR case-finding system; and the KeyCite citator system.
The default welcome screen for Campus Research is the News & Business tab, so the legal researcher must first click on the Law tab. The main search screen, on the right, defaults to an Advance Search form in which you can use regular Westlaw search connectors and operators in any of the text fields, or use the regular connectors AND and OR between the text fields, or do both. The Basic Search form accepts a "natural language" search. You must choose at least one database from those listed below the search form. That list, however, is not complete; additional databases (also called "content sources") are accessible via the "Content List" link on the upper left, which leads to a menu. To select a database from the menu, even if you know its identifer, you must be within the portion of the menu that includes that database. Once you have selected a particular database, the display and functionality are exactly as in regular Westlaw. KeyCite is available from retrieved cases or statutory sections.
pages 2-13 to 2-14:
From the start page, if you click on the "Legal" tab along the top, then choose "Federal & State Cases" in the left-hand menu, one of the choices you will find in the "Sources" menu under the search box is "NJ Federal & State Cases Combined." Also from the "Legal" tab page, you can go to "Federal & State Codes" and then find "NJ - New Jersey Statutes, Constitutions, Court Rules" in the "Sources" menu. Although this route to the statutes does not give you a "Browse" option initially, after you run a search and display the full text of any retrieved section, there is a "Show TOC" link at the upper left which will get you into a fully browsable table of contents.
If you want to select a New Jersey-specific source other than one of the combination sources available through the "Legal" tab, click the "Sources" tab at the top of the page. . . .
page 2-16:
The Gann Online library (www.gannlaw.com) includes New Jersey statutes, court rules, case law from 1948 forward, and the monographs published by the Gann Law Book company. The basic "Gann Prime" subscription covers the primary sources and a single monograph of the subscriber's choice; additional monographs can be subscribed to. A "Full Search" will search all of the primary sources and all of the monographs, whether subscribed to or not. The results display divides the hits according to whether they are in subscribed and unsubscribed sources and allows for immediate addition of an unsubscribed work to the user's subscription.
The "Single Treatise" option allows the user to limit a search to just one component of the Gann library--which can be a treatise or one of the primary sources. When you select the component to search, an expandable table of contents of that component opens in the left-hand frame, and a search box opens in the right-hand frame. (The exception is the case law, which does not have a table of contents.) If you are starting with a citation to a particular page in one of the treatises (or a section number in the statutes), you can retrieve that page by entering the number in a field provided above the table of contents.
Whether you are doing a "Full Search" or a "Single Treatise" search, you get the same search box, offering four different ways to search: a Boolean search, a search by case cite, a search by case name, or a "search by reference," which allows you to retrieve cases or treatise sections that refer to a given section of the statutes, court rules, or regulations.
The available search connectors on Gann Online include AND, OR, AND NOT, the proximity connector W/n where n is a number, and the directed proximity connector PRE/n . It is also possible to search for terms occurring near the beginning or end of documents, by using the W/n connector with xfirstword or xlastword.
page 3-10: ... Westlaw (usually, but not always) automatically alerts you with a yellow flag to bills pending in the Legislature that would amend the statutory section you are viewing. . . .
page 3-14: A search of the statutes on Lexis includes a "State Legislative Impact" feature (provided by Potomac Publishing Company) which gives you, on a retrieved section, a "Retrieve State Legislative Impact" link that leads to bills currently pending that would amend the given section. The default result covers just the last twelve months; during the second year of a Legislature, you need to reset the start date to early January of the prior year in order to retrieve bills from the whole Legislature. When you Shepardize a statutory section, you will sometimes get a "Pending Legislation" link that also leads to bills that would amend that section; as of spring 2009 this feature on Shepard's seemed much less complete than the "Retrieve State Legislative Impact" service, though results from the two services were sometimes non-overlapping. . Since these features may not be quite as current as the full-text bills file, it is advisable to run a search in that file for the section number followed by the language "is amended".
page 3-16: Loislaw incorporates amendments without regard to their effective dates . . . . But the credits for recent amendments link to full texts of the amending laws, which include effective dates.
pages 3-18 and 3-19: [The Shepard's results for statutes now differ considerably from the description at these pages.]
page 3-20: Gann incorporates new amendments without regard to effective dates, so it is advisable to check the Source History; for a section amended with a delayed effective date, the prior version can be seen by retrieving the next-to-last session law.
page 3-27: The George T. Bisel Company publishes a compilation of selected statutes relating to municipalities, entitled Bisel's New Jersey Municipal Lawsource.
page 5-8: For many laws passed from 1974 forward, there are "Legislative History Checklists" compiled by the New Jersey State Law Library and available on the State Library web site. Compilation of these Checklists lags a year or two behind enactment of the laws. . . . For the laws from 1974 through 1997, the checklists are combined with full texts of the bills, committee statements, and Governor's messages. From 1998 forward, the checklists include links to the texts . . . .
page 6-4: A table of amendments proposed to the 1844 Constitution that failed to pass is found in the Revised Statutes of 1937, volume IV at page 138. It gives session law references for the texts of the proposals.
page 7-4: (Checking for proposed amendments):
Lexis also provides, on the display of a retrieved N.J.A.C. section, a "Retrieve State Regulatory Impact" link, which leads to texts of proposed amendments (with dates, but lacking N.J.R. cites). This service is very current, but will sometimes miss retrieving a recently proposed amendment if the N.J.A.C. section you are checking is one of several proposed to be amended by the same document; so it is still safer to search N.J.R. directly for the section number.
page 7-17: The Department of Human Services has a system of Administrative Orders arranged in seven subject-matter chapters; an incomplete collection of these is found on the Rutgers-Newark site at http://njlegallib.rutgers.edu/dhs/.
page 8-2: . . . at http://www.state.nj.us/infobank/circular/eoindex.htm . . . To get quickly to the most recent orders, go the beginning of the prior Governor's orders, then scroll backward.
Appendix: A selection of executive orders of government-wide significance, apparently still in force
[29] [McGreevey EO#96, superseded and rescinded by Corzine EO#131.]
[37] Corzine EO#1 (2006), 38 NJR 1110, amended by Corzine EO#120 (2008) ...
[39] Corzine EO#103 (2008), 40 NJR 4377 (budget to be based on recurring revenue)
[40] Corzine EO#114 (2008), 40 NJR 5312 (Highlands Act implementation)
[41] Corzine EO#117 (2008), 40 NJR 6251 (extends pay-to-play prohibitions to defined "business entities")
[42] Corzine EO#118 (2008), 40 NJR 6252 (pay-to-play prohibition for state redevelopment contracts)
[43] Corzine EO#131 (2009), 41 NJR 1125 (public involvement in agency decisions affecting environmental quality or public health)
page 9-14 [9.5] Outline of Procedures for Megan's Law Cases, Revised Version, March 31, 2009, http://www.judiciary.state.nj.us/notices/2009/n090413a.pdf, 196 N.J.L.J. 57
page 9-14 [10] A Practitioner's Guide to New Jersey's Civil Court Procedures, linked under "Polices and Procedures" on the Civil Practice Division web page http://www.judiciary.state.nj.us/civil/, and also distributed in hardcopy by NJ ICLE.
page 11-4: The Courts of New Jersey: Their Origin, Composition and Jurisdiction by William M. Clevenger and Edward Q. Keasbey (1903) includes, at pages 86-91, the text of Lord Cornbury's Ordinance of 1704 establishing the court system. That ordinance is also found as Appendix C of Richard S. Field's Provincial Courts of New Jersey (1849), which also includes the later ordinances on the same subject.
page 11-10 (Holmes v. Walton): Transcriptions of the case files, and a bibliography of scholarly discussions on this case, are on the Rutgers-Newark Law Library web site at http://njlegallib.rutgers.edu/hw/.
page 11-50: The ALR annotations are found in Westlaw, in the ALR database (and are also available on Lexis).
page 11-64: FindACase.com is a free version of VersusLaw, with the same coverage and search capabilities, with results displayed in full text, sometimes with internal pagination, but without citations, docket numbers, or paragraph numbers.
page 11-74: ...there is a multi-volume set called Shepard's New Jersey Citations (currently in a 2003 edition with a 2003-2009 bound supplement) ...
page 13-2. The Institute for Continuing Legal Education publishes a two-volume compilation, Legal Ethics Opinions. . . . The ICLE set is accompanied by the Manual on Legal Ethics by David H. Dugan, III . . . . (The ICLE set of the ethics opinions and the Dugan manual were formerly a three-volume set with the title Professional Responsibility in New Jersey; ICLE still sells them together as the "Legal Ethics Skill Set.")
page 13-4: Selected decisions of the Disciplinary Review Board from September 1998 forward that have been approved for publication by an advisory committee are compiled in Robert Ramsey's book New Jersey Attorney Discipline (volume 46 of Thompson West's New Jersey Practice series), . . . (The same published DRB decisions were formerly available on the Rutgers-Camden web site, but that collection has been deactivated.) . . . . Listings of all public discipline cases from 1984 forward are compiled on the Judiciary web site at http://www.judiciary.state.nj.us/oae/discipline.htm.
page 13-5: Presentments, formal complaints, and other documents in judicial misconduct matters from 2007 forward are found on the Judiciary web site at http://www.judiciary.state.nj.us/acjc/index.htm.
The Advisory Committee on Outside Activities of Judiciary Employees also issues, from time to time, a manual containing a subject-arranged compilation of its opinion abstracts.
page 15-4, C. Trial Records: add: The Record of the Court at Upland in Pennsylvania, 1676 to 1681. Philadelphia: J.B.Lippincott, 1860 (reprinted, Kessinger Pub.Co., 2007). The court's jurisdiction included part of West Jersey. An imperfect online version is at http://www.westjerseyhistory.org/docs/upland/
page 16-5: You will also see on the [HeinOnline] "Field Search" and "Advanced Search" forms an option to limit the search by "Subject." However, what this actually gives you is a limitation to a set of journals that specialize in a subject, and if you limit your search that way you could well miss relevant articles in the unspecialized journals. The individual articles in HeinOnline are not indexed by subject.
pages 16-12 and 16-13: New Jersey Lawyer: The Weekly Newspaper ceased publication after its November 10, 2008 issue. Starting November 17, 2008, each issue of the New Jersey Law Journal has a section called "The Bar Report" dedicated to news from the New Jersey State Bar Association. The New Jersey Lawyer web site no longer exists. Early in 2009, the former publisher of New Jersey Lawyer: The Weekly Newspaper and several of his staff started a new publication called NJEsq, with a blog called Reckless Place, at http://www.njesq.net/, but they suspended their print and online operations in June 2009 (after publishing 19 issues).
pages 17-10 to 17-11 [13.5] Library of New Jersey Civil Complaint Forms (NJLJ Books, Oct. 2009)
page 17-11 [22] David E. Johnson, Jr., Trust and Business Accounting for Attorneys, (ICLE, 2008 ed.) (Practical Skills Series)
page 17-12 [23] Jeff S. Masin, Patricia Prunty, & Mark J. Stanton, Administrative Law (ICLE, 2008 ed.) (Practical Skills Series)
[26] New Jersey State Bar Association, Appellate Practice Study Committee,
New Jersey Appellate Practice Handbook, 8th ed. (ICLE, 2008)
APPORTIONMENT
[28.5] Kenneth L. MacRitchie, Redistricting and Reapportionment in New Jersey (Red Bank:
published by the author, 2008)
page 17-13 [33] W. Raymond Felton, III, Organization and Sale of Small Businesses (ICLE, 2007 ed.) (Practical Skills Series)
page 17-14 [53] William A. Dreier & Paul A. Rowe, Guidebook to Chancery Practice in New Jersey, 7th ed. (ICLE, 2008)
page 17-15 [65] Thomas A. Clark & Richard S. Eichenbaum, Collection Practice in New Jersey (ICLE, 2008 ed.) (Practical Skills Series)
[65.5] Gerard J. Felt, Library of New Jersey Collection Law Forms (New Jersey Law Journal Books, 2008)
page 17-16 [80] Robert J. Kipnees, Criminal Trial Preparation (ICLE, 2008 ed.) (Practical Skills Series)
page 17-18 [97] Angelo J. DiCamillo, Ruth Anne Robbins, & Michael M. Abatemarco, New Jersey Domestic Violence Practice & Procedure, 3rd ed. (ICLE, 2009)
page 17-19 [115] Lewis Goldshore & Marsha Wolf, New Jersey Environmental Law, 5th ed. (ICLE, 2008)
page 17-20 [124] Gerard G. Brew, et al., New Jersey Probate Procedures Manual, (ICLE, 2009, 2 volume looseleaf) (2d ed. by Walter S. Kane, (ICLE, 1994), was known as "The Red Books")
[128] Daniel I. Lubetkin, Basic Estate Administration (ICLE, 2007 ed.) (Practical Skills Series)
[130] Robert J. Pinto & Lisa M. Butler, Basic Estate Planning (ICLE, 2008 ed.) (Practical Skills Series)
page 17-21: [140] Marguerite E. Cahill and David N. Finley, New Jersey Motions in Limine (Thomson West, annual editions, 2007-) (New Jersey Practice series, Volume 55).
[141] New Jersey Trial and Evidence, by multiple authors, 2d ed. (ICLE, 2009) (Lexis file NJICTE)
[141.5] Robert Ramsey, New Jersey Trial Objections (Thomson West, 2008)
page 17-22 [148] Mark Gruber, Family Law (ICLE, 2008 ed.) (Practical Skills Series)
[156] Gary N. Skoloff and Laurence J. Cutler, New Jersey Family Law Practice, 13th ed. (ICLE, 2008, 5 volumes, looseleaf) (Lexis file NJICFL).
page 17-24 [172] Randolph I. Conn, Landlord/Tenant Practice (ICLE, 2007 ed.) (Practical Skills Series)
[173] Mahlon L. Fast, Landlord-Tenant & Related Issues in the Superior Court of New Jersey, 3rd ed. (ICLE, 2008)
[178.5] David H. Dugan, III, Manual on Legal Ethics, 2008 ed. (ICLE) (Practical Skills Series) (see description at page 13-2)
page 17-25 [189] Abbott S. Brown, New Jersey Medical Malpractice Law, edited by Richard E. Brennan, 4th ed. (ICLE, 2009). A companion work, New Jersey Medical Malpractice Cases, 3rd ed. (ICLE, 2009), is a compendium of case summaries.
page 17-28: [215] David N. Finley & Eric Handelman, New Jersey Summary Judgment and Related Termination Motions (Thomson West, annual editions, 2007--) (New Jersey Practice Series, Volume 54)
page 17-31 [243] Christine F. Li, Real Estate Closing Procedures (ICLE, 2008 ed.) (Practical Skills Series)
[245] Harry J. Riskin, Edward D. McKirdy, & John H. Buonocore, New Jersey Condemnation Practice, 3rd edition (ICLE, 2008)
[249.5] James A. Woller, New Jersey Real Property Statutes Annotated Deskbook (ICLE, 2007)
page 17-34 [287.5] Dennis A. Drazin, New Jersey Premises Liability (Gann Law Books, annual, 2009--)
page 17-35 [300] John H. Geaney, Geaney's New Jersey Workers' Compensation Manual for Practitioners, Adjusters, and Employers (7th ed., ICLE, 2008)
page 17-36 [309] Land Use Citator, 2d ed. editor Gregory D. Meese (ICLE, 2009, looseleaf).
[302] John D. Kovac, Workers' Compensation Practice (ICLE, 2008 ed.) (Practical Skills Series)
page 19-2:
The Lawyers Diary & Manual is also available in an electronic version, called For and About Law, which can either be accessed from the publisher's server or be loaded on a local machine or network. (Either way requires installation of client software; there is no direct web access.) For and About Law includes information not found in the print version, such as attorneys' e-mail addresses, the law schools attended by attorneys, the attorneys' areas of practice, and lists of attorneys in each firm.
The default initial screen in For and About Law is a Directory screen, from which you can search for listings of attorneys, firms, judges, courts, agencies, and so forth. To do a search limited by both geographic location and type of law practiced, do not use the field restrictions; click on "Areas of Interest" to get a list; click on the desired area of interest to insert it in the search box; then add in the location without any connector. For example the search
Transportation Hackensackwill retrieve lawyers located in Hackensack who have included transportation in their stated areas of interest.
The directory data for courts, government agencies, municipalities, insurance companies, and other categories can be approached either by searching or by an alphabetic index or by a table of contents.
The "References" screen of For and About Law includes various materials in PDF. Each of the PDFs has a multi-level menu of contents. The "Referrals" section is identical to the "Attorneys Grouped by Areas of Practice" section of the print version. The "Legal Vendors" section consists of the vendor listings from The Legal Pages. The "Fees" section reproduces various pages from the print version. The "Rules" section includes full texts of New Jersey and federal court rules. The "Maps" section has the courthouse vicinity maps from The Legal Pages. The "Resources" section has miscellaneous material from the print version, such as motor vehicle point system and accident codes, court schedule information, holidays and tax dates, inheritance tax information, and insurance company code numbers. Also found in the "Resources" section are complete PDFs of the current Manual of the Legislature of New Jersey and of the Essex County Bar Foundation's book Traps for the Unwary: A Primer for New Jersey Lawyers on Pitfalls to Avoid in Everyday Practice.
page 19-10: Avvo also displays a rating, which may be simply "No misconduct" indicating that Avvo has not received any negative information . . . .
page 21-3 [18.5] Anton-Hermann Chroust, The Rise of the Legal Profession in America (Univ. Okla. Press, 1965), v.1, p.193-206.
page 21-4 [39.5] Philip Hamburger, Law and Judicial Duty (Harvard Univ. Press, 2008) at 407-422 (re Holmes v. Walton)
page 21-8 [74.5] Daniel J. O'Hern, What Makes a Court Supreme (published in nine installments in New Jersey Law Journal , May 11-July 6,2009)
page 21-9: [84.5] Symposium, "Legislation, Litigation, Reflection & Repeal: The Legislative Abolition of the Death Penalty in New Jersey," Seton Hall Legislative Journal, 33(1)1-180 (2008), available in part at http://www.ssrn.com/link/Legis-Litigation-Reflect-Repeal.html
page 21-11 [105.5] Eli Jarmel, "The New Jersey Skills Training Course," Journal of Legal Education, 17:432-438 (1965)
page 21-12 [107.5] Philip Hamburger, Law and Judicial Duty (Harvard U.Press, 2008), Appendix. II "The Institutio Legalis: Law and Justice in New Jersey" (630-641)
page 21-15,
D. Particular persons:
DAVID BREARLEY
[141.5] Donald Scarinci, David Brearley and the Making of the United States Constitution
(New Jersey Heritage Press, 2005) (Brearley was Chief Justice when Holmes v. Walton was decided.)
page 22-4 [The National Association of Secretaries of State web page of links to state administrative codes and registers is no longer available.]
page 22-9: Westlaw and Lexis both have encyclopedias of New York, Pennsylvania, Ohio, and Texas. Westlaw also has Cal.Jur.
page 22-10: References to sources which discuss or cite the laws of all the states on particular subjects can be found in an annual publication by Cheryl Rae Nyberg, Subject Compilations of State Laws, published by Carol Boast and Cheryl Nyberg. The HeinOnline service includes a cumulative database of the Boast/Nyberg series, with links directly to articles found in HeinOnline.
page 23-17: New Jersey Law Journal Books publishes New Jersey Bankruptcy Rules Annotated, by Henry M. Karwowski, including a section on the preferences of the individual bankruptcy judges. [First edition forthcoming July 2009.]
page 26-2: The English Reports are found in the HeinOnline service and in a free web version at http://www.commonlii.org/int/cases/EngR/
page 26-5: In October 2009, the Appellate Committee of the House of Lords was replaced by a new independent Supreme Court.
NJEsq
29 Reckless Place
Red Bank, NJ 07701
732/842-7522
http://www.njesq.net
Whitaker Newsletters, Inc.
P.O. Box 224
Spencerville MD 20868-0224
301/384-1573