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Bibliography of Research Resources

Disclaimer: These materials give specific information about the procedures that a litigant must follow in a suit in the San Antonio Division of the United States District Court for the Western District of Texas. Different requirements may apply under the Local Rules and standing orders of other federal courts outside the Western District of Texas. Also, the information presented in these pages is for educational purposes only, and does not constitute legal advice. Every case is different, and the correct legal answer always depends on the facts of the individual case. If you want a legal opinion about your own case, you should seek help from a licensed attorney.

Introduction

This bibliography lists the research sources that may help you in your federal lawsuit. You can find all of these sources at the law library at St. Mary's University in San Antonio. Most sources are also available at the law library on the fifth floor of the Bexar County Courthouse. You can also buy some of these books at the campus bookstore at St. Mary's or at the L & M bookstore serving the San Antonio Community College. Finally, many of the "primary" sources are on the Internet, which can be accessed from any San Antonio Public Library.

Each source is listed with a description of its contents, some instructions on how to use it, and directions on how to cite it in a legal document. Almost all law books are "updated" regularly to include information on changes in the law. Updates can come in the form of "pocket parts" (pamphlets stuck a pocket at in the back of the hard-cover book), supplements (additional soft-bound volumes of a book that are kept right next to the main volume), or loose-leaf services (binders with loose pages that are updated by librarians from time to time). The description of each source tells you how the books are updated. If a book is not updated with a loose-leaf service, look in the pocket part or supplement to see if there's any more helpful information.

If you need more help understanding how to use a law book, look at the first few pages in the first volume, which usually contain a detailed explanation of how the book is indexed and used. If you still need help, ask a law librarian to explain to you how to look things up in the book. Note: Law librarians can be a great resource to you. They can tell you how to use legal research sources, and they can often tell you the best book to look in to find an answer to a legal question. Always remember, though, that a librarian cannot give you legal advice or act as your lawyer. Treat librarians with the same respect you would show to court personnel, since they may refuse to help you if they find you rude or too demanding. And try to do as much as you can on your own, so that the librarian is available to help you when you really need help.

1. Form books

The books in this section contain forms you can use when you have to create documents to file in court. Keep a few things in mind when you use a formbook. First, these forms usually take into account all the requirements of the Federal Rules of Civil Procedure, but they do not take into account the Local Rules of the court where your case has been filed. When you use a form to create a document, you should always check to make sure that your document follows the requirements in the Local Rules.

Second, the forms sometimes contain sample language to show how the document would look in a particular case. You should look through the form carefully and make sure that what you put in your document makes sense in your case. For example, let's say the form refers to "the accident that gave rise to the plaintiff's lawsuit," but there was no "accident" in your case. You might change the form to refer to "the incident that gave rise to the plaintiff's lawsuit," or perhaps, "the termination of the plaintiff by the defendant."

Finally, each of the four formbooks below has forms for the same procedures. Don't get too hung up deciding which formbook to use. Use the one you find easiest to work with.

Am Jur Pleading and Practice Forms (Revised): This set of formbooks covers many topics under state and federal law. The forms are organized by subject. Under each subject, you'll find a short outline that briefly lists the contents of that section, followed by a more detailed outline that lists the titles of the forms in that section. After each individual form, you'll find a "Note" that tells you where to look in the Am Jur encyclopedia to find more information about that procedure. Updated with pocket parts. Can be found at St. Mary's, in the KF 8836 section on the third floor. Look at Appendix 1 of this document for a list of the forms you might useful.

Federal Procedural Forms - Lawyers Edition: This set of formbooks covers federal procedure only, by subject. Each subject has a brief outline to give you an overview, followed by a more detailed outline that helps you find exactly the part you're looking for. Under each subject, you'll find several pages explaining how that procedure works, followed by a number of forms to use. Updated with pocket parts. Can be found at St. Mary's, in the KF 8836 section on the third floor. Look at Appendix 2 of this document for a list of the forms you might find useful.

Bender's Federal Practice Forms: This set of formbooks covers federal procedure in detail. Instead of presenting the form by subject, like the previous two formbooks, this book presents the forms in connection with the Federal Rules of Civil Procedure. To find a form for a certain procedure, get the number for the Federal Rule of Civil Procedure that applies to the procedure, and look up that number in Bender's. Loose-leaf update service. Can be found at St. Mary's, in the KF 8836 section on the third floor.

West's Federal Forms: Like Bender's, this set of formbooks covers federal procedures in relation to the relevant Federal Rules of Civil Procedure. To find a form for a certain procedure, get the number for the Federal Rule of Civil Procedure that applies to the procedure, and look up that number in West's Federal Forms. Loose-leaf update service. Can be found at St. Mary's, in the KF 8836 section on the third floor.

2. "How to" books

American Jurisprudence Proof of Facts - Proof of Facts is a set of articles that tell you how to prove things in court. The articles are contained in series of books that have been published in three editions, called "Am Jur POF," "Am Jur POF 2d", and "Am Jur POF 3d." In these articles, you can find sample questions and answers so that you can understand how to question witnesses to get the evidence you need. Sometimes, the articles include sample sets of interrogatories for you to use in discovery. You may find one or more of the following topics particularly useful:

Other articles in Proof of Facts could apply to your case. The subject matter index found in the four soft-bound volumes at the end of Am Jur POF 3d lists the volume number, edition number, and page number of articles on different topics. This book is available at the St. Mary's law library (KF 8933.A43 - 2nd floor). Note: Proof of Facts is a tool for lawyers, not a reference about the law. You should NOT cite Proof of Facts articles as authority supporting an argument that you make to the court.

American Jurisprudence Trials - This a set of articles on how to conduct a lawsuit, including what types of witnesses to call and what kinds of motions might be filed in the case. The articles are contained in series of books referred to as Am Jur Trials. You might find the articles on the following topics useful:

Other articles in Am Jur Trials could apply to your case. The subject matter index found in the three soft-bound volumes at the end of Am Jur Trials tells you the volume number and page number of articles on different topics. This book is available at the St. Mary's law library (KF 8915.A74 - 2nd floor). Note: Am Jur Trials a tool for lawyers, not a reference about the law. You should NOT cite Am Jur Trials articles as authority supporting an argument that you make to the court.

3. Employment law books

The following are just a few of the many technical books on employment law. These books go into great detail about every nitpicky issue that's been raised about the law that applies to employers and employees. There are two basic ways to use these books: (1) to help you understand the legal arguments the defendant makes in a motion for summary judgment or another motion in the case; and (2) to help you locate authority (court opinions) to support your own position in the lawsuit. You can cite this type of book as authority if there aren't any court opinions on a legal proposition, but don't use the books instead of a court opinion if there's a court opinion you can cite.

Larson, EMPLOYMENT DISCRIMINATION 2d: This book is published in a set of binders, which are updated in looseleaf form so that you don't have to look up any pocket part or supplement. There are chapters on most basic employment law problems. The index is found in the last binder. (KF 3463.L377 - 2nd floor at St. Mary's)

Modjeska, EMPLOYMENT DISCRIMINATION LAW (3rd ed.) This book consists of several binders, with an index at the end. The updates are found in the yellow pages at the front of the binder. (KF 3464.M622 - 2nd floor at St. Mary's)

Lindemann & Grossman, EMPLOYMENT DISCRIMINATION This book is published in a hardback set. Use the table of contents in the front to find the topic you need to understand. (KF 3463.L56 - 2nd floor at St. Mary's)

4. "Primary" legal sources

"Primary" sources are the sources you will want to cite as authority when you make arguments to the court. These sources contain the law that the court must apply in your case. If you can cite a court case in addition to a statute, do so. It's best to cite the most recent opinion by highest court that has ruled directly on the issue you're writing about. Newer cases are better than older cases, since they show that the rules haven't changed, but an older case that thoroughly discusses an issue is better than a new case that only mentions it in passing. If you have to cite a lower court, it's best to cite the appellate court that reviews the decisions that come from the court where your case is filed, or, if you have no other choice, a district court from the same state where your case is pending.

How many cases you cite as authority depends on the situation. In general, if you're citing cases for a well-established proposition, you only need to cite one case. If the law is unclear, if the issue is very specific to your case, or if you and the defendant disagree about the law on a given point, you will need to cite more cases. You will also need to explain to the judge why those cases require the judge to make the ruling you want.

Federal law

All federal employment laws are found in the United States Code. The U.S. Code is organized by subject matter into different "titles." The title numbers appear on the outside spine of each published set of the code. In published versions of the Code, you'll usually find the official text of the law, followed by "annotations" containing brief summaries of the court opinions interpreting different aspects of the laws, and references to related books and articles. Citation: Give the title number followed by the abbreviation for U.S. Code, followed by the section number: ## U.S.C. § ####.

Opinions by the United States Supreme Court are published in the United States Reports and in the Supreme Court Reporter. The Supreme Court Reporter usually contains the more recent cases. It can take a few years for the case to be published in the United States Reports. If a case is so new that you can't find it in the Supreme Court Reporter, you may be able to find it in the United States Law Week. U.S. Supreme Court cases are the best authority you can cite in support of an argument, since the district court has to follow what the U.S. Supreme Court says. Citation: Give the last name of the first party on each side of the case, followed by the volume number in the reporter, the abbreviation for that reporter (U.S., S. Ct., or U.S.L.W.), the page number where the case appears, and, in parentheses, the year of the opinion: Appellant v. Appellee, ### U.S. #### (19__).

Opinions by the federal appellate courts are published in the Federal Reporter. Cases by the U.S. Appeals courts are not as persuasive as opinions by the U.S. Supreme Court, but they are better authority than opinions by the U.S. district courts. If possible, use opinions by the Fifth Circuit Court of Appeals, which all Texas district courts must follow. If there's no good Fifth Circuit case, cite cases from other federal courts of appeal. Citation: Give the names of the first party on each side of the case, followed by the volume number in the Federal Reporter, the abbreviation for that series of the Federal Reporter, the page number where the case appears, and, in parentheses, the name of the court and the year of the opinion: Appellant v. Appellee, ### F.2d #### (5th Cir. 19__).

Opinions by the federal district courts are published in the Federal Supplement. District court opinions are not as good as opinions by higher federal courts, but they are still authority and can help you support your arguments. If possible, use opinions by a Texas court in the same district where your lawsuit is happening. Citation: Give the names of the first party on each side of the case, followed by the volume number in the Federal Supplement, the abbreviation for Federal Supplement, the page number where the case appears, and, in parentheses, the name of the court and the year of the opinion: Plaintiff v. Defendant, ### F. Supp. #### (D.Tex. 19__).

Texas law

All Texas employment laws are found in Vernon's Texas Codes and Statutes Annotated. Many Texas laws have been collected into codes that are organized by subject matter, such as the Texas Labor Code and the Texas Government Code. Sometimes, laws have not yet been put into a code, so they'll be published in the "Revised Civil Statutes." In both case, the published book contains the text of each law, followed by annotations that include references to books and articles on that law and summaries of court opinions interpreting that law. Citation: For laws found in a code, simply name the code and give the section number: Tex. Labor Code § ###.###. For laws that aren't in a code yet, cite to the article and section in the Revised Civil Statutes, as follows: Tex. Rev. Civ. Stat. Ann. art. 1234, § 56.

Opinions by state courts in Texas are published in the Southwestern Reporter, usually in the second series. If the state court opinion is interpreting federal law, it will carry very little weight with the federal judge. If the state court opinion is about state law, though, the state court opinion more authoritative than a federal court opinion interpreting the same law (but cite the federal court opinion anyway). An opinion by the Texas Supreme Court is better authority than an opinion by a Texas appeals court. Citation: Give the names of the first party on each side of the case, followed by the volume number in the Southwestern Reporter, the abbreviation for Southwestern Reporter, the page number where the case appears, and, in parentheses, the name of the court and the year of the opinion: Appellant v. Appellee, ### S.W.2d ### (Tex. App. 19__). If the opinion is by the Texas Supreme Court, don't include the "App." just before the date when the opinion was published.

5. Books on basic lawyering skills

Nutshell - Trial & Practice Skills: "Nutshells" are small books that are supposed to give simple explanations of basic legal principles to law students "in a nutshell." There is a Nutshell on just about any legal topic, and they are almost always available at the bookstores where you can buy lawbooks. (Be careful about spending your money on a Nutshell unnecessarily.) The Nutshell on "Trial & Practice Skills" is found in the St. Mary's law library at KF 8915.H43. It explains basics such as how to ask questions of a witness and how to get a document put "in evidence" at the court.

Reutlinger, EVIDENCE - ESSENTIAL TERMS & CONCEPTS (3d edition): This book explains some of the basic terms courts and lawyers use when they talk about evidence. It's available at the St. Mary's law library at KF 8935.R48.

Imwinkelreid, EVIDENTIARY FOUNDATIONS (3d edition): This book explains what questions to ask to overcome various evidentiary objections by your opponent. It also explains the basic objections you can make. It's available at the St. Mary's law library at KF 8935.I45.

Levine, WINNING TRIAL ADVOCACY: This book explains how to present a case in court. It's available at the St. Mary's law library at KF 8915.L485.

Manet, FUNDAMENTALS OF TRIAL TECHNIQUES 3d: This is another book on how to present your case in court. It's available at the St. Mary's law library at KF 8915.M38.

Appendix 1

Forms to Use in Am Jur Pleading & Practice Forms

Forms on "Federal Practice and Procedure" are found beginning in volume 11. The forms on the following subjects may be useful:

General:

Amending pleadings - §§ 250-272
Dismissal procedure - §§ 394-425
Basic forms for motions, affidavits, and orders - §§ 426-438
Adding a party to the lawsuit - §§ 688 - 704
Dropping a party from the lawsuit - § 705-712
Asking for an extension of time - §§ 726-736
Asking to re-set a hearing or trial - §§ 737-744

Discovery

Pretrial conferences

Trial by Jury

Summary judgment

Forms to Use in Federal Procedural Forms

Discovery & Depositions - Volume 8

Job Discrimination - Volume 12

© 1998 Bexar County Legal Aid Association

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This page was last updated on: 01/03/02