Business Law

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Citation

Abbreviations

Ex: State ex rel. OhioAcademy of Trial Lawyers v. Sheward (1999), 86 Ohio St. 3d 451.

86 = volume
Ohio St. = Ohio State Reporter (book where case is found)
3d = 3d series of the set
451 = 1st page of the case

Fact Pattern:

Bob was concerned that he might lose his home to foreclosure for failure to pay his property taxes. Bob agreed to deed the property to his daughter, Mary, if she would pay the property taxes and allow Bob to live in the house for the rest of his life. Although the agreement was never put in writing, Bob executed a deed granting Mary title to the property and Mary subsequently paid the delinquent property taxes.

Later, Mary decided that she wanted to tear the house down and build a new one. Mary asked Bob to move out, but he refused. Mary then filed a forcible entry and detainer action to evict Bob.

What decision should the court reach in this matter and why?

(Analysis should include (i) a brief factual background of the matter; (ii) the issue(s) to be decided in the matter; (iii) the decision ultimately reached in the matter; and (iv) the rationale for the decision).

General Search Strategy

  1. Best approach is to search from broad to narrow.
  2. Contract –oral contract
  3. Taxes – delinquent property taxes
  4. Terms and connectors vs. natural language
  5. Terms and connectors allows you to limit your search of terms within a number of words, sentences, or paragraphs
  6. Natural language searches the entire document for all terms with no limitation as to the amount of text between the search terms (unless quotations are used).

Search string: "entry and detainer" and house and deed and taxes and oral

(natural language)

Search Strategy – Lexis Academic

Click ‘Legal’ on the tabs at the top.

Other common options are at the right. Or you may search via the ‘Sources’ at the top.

Defaults to Law Review Articles

Search: elements and contract

-terms and connectors “elements w/3 contract”

-natural language “elements of a contract” (see result #3)

Federal and State Cases - Ohio

Search:

-Terms and Connectors: “elements w/3 contract”

  • Limit to Ohio Supreme Court – may help – 1st result

-Terms and Connectors “elements w/3 breach w/3 contract” – 160 results

  • See 3rd result
  • Limit to Ohio Supreme Court – may help.

-Natural language “elements of a contract”

  • See result 2

-Natural language –“elements of breach of contract”

  • See 3rd result

-Natural Language: “’statute of frauds’ and lease”

  • See result 2 - SCHLOSS, v. SACHS

-My attempts:

  • "entry and detainer" and house and deed and taxes and oral
  • "entry and detainer" and house and writing

Federal and State Codes

-You can link directly from a case – for an annotated citation.

-Or you can search through the search menus.

-Natural language “’statute of frauds’ and lease”

  • ORC 1335.04/1335.05

American Jurisprudence –

-Statute of Frauds – IV Part Performance

-73 Am Jur 2d Statute of Frauds § 311

-Access Lexis Nexis Academic

  • Source (top left of page)
  • Treatises and Analytical Materials.
  • American Jurisprudence – Browse
  • Or via the catalog

Heinonline –

-Use drop down menu to reach Hein Online.

-Example: Law Journal Library

-Advanced Search – in the title line

-‘Annulment and property’

Ohio Supreme Court -

Print Sources

Legal Encyclopedias

  1. Oh Jur - KFO 65 .O3543 in the reference area. Ohio Jurisprudence is a legal encyclopedia for most issues within Ohio Law. It gives references to relevant case and statutory law. Additionally, it provides references to other secondary sources and practitioner materials.
  2. Am Jur - KF 154 .A422– in the reference area – Am Jur is a encyclopedia of federal and state law.
  3. Corpus Juris Secundum - KF 154 .C672 in the reference area. This title is similar to Am Jur.

Ohio Revised Code

- Baldwin's Ohio Revised Code Annotated(Thomson West) In print format, in Reference, Reserve, and Ohio Room: KFO 30 1953 .A4

- Page's Ohio Revised Code Annotated(LexisNexis) In print format, in Reference, Reserve, and Ohio Room: KFO 30 1953 .P3

Online version -

There are two annotated versions of the United States Code:

  • TheUnited States Code Annotated(U.S.C.A.) (Thomson West), Reference or 2nd LevelKF 62.5 .W45
  • United States Code Service(USCS) (LexisNexis), ReferenceKF62 .L38

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.

Business/Corporations Law

  • CavitchCavitch, Ohio Business Entities 2d ed. (Lexis 2005-) KFO210.A65 C38 2005
  • Blackford, Jason C., Blackford Business Organizations 2d ed. (West Group, 2004 - ) KFO205 .B53 2004, Anderson's Ohio Corporation Law (Anderson 2000 - ) KFO213.A65 S43,

Civil Practice and Procedure

  • Klein, James M., Klein, Darling, Civil Practice 2d ed. (West Publishing Co., 2004- ) KFO529 .A2 2004, ,
  • Anderson's Ohio Civil Practice : Pleading, Procedure, Forms . (Anderson Co., 1971-) KFO530 .A8,
  • McCormac, John W., Ohio Civil Rules Practice, with Forms . (Anderson Publishing Co., c2003) KFO530 .M3 2003,

Criminal Law

  • Katz, Lewis R. & Gianelli, Paul C., Katz Gianelli Criminal Law (West Group, 1996 - ) KFO561.K37,
  • Anderson's Ohio Criminal Practice and Procedure (Anderson Publishing Co., 1997 - ) KFO561.A95,

Domestic Relations

  • Sowald, Beatrice & Morganstern, Stanley, Sowald Morganstern Domestic Relations Law 4th ed.(West Group, 2002 -) KFO 94 .A6 B34,
  • Anderson's 2003 Ohio Family Law . (Anderson Publishing Co., 2003) KFO94 .A5 2003,

Evidence

  • Giannelli, Paul C. and Snyder,Barbara Rook, Giannelli Snyder Evidence (Westlaw 1996-), KFO540 .G52 1996,
  • Wiessenberger, Glen, Weissenberger's Ohio Evidence Treatise (Lexis 2004-), KFO540 .W44 2004,

Municipal Law

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

Probate

  • Anderson's Ohio Probate Law and Practice (Anderson Publishing Co., 2005- ) KFO 144 .A93,
    Carlin, Angela G., Merrick Rippner Probate Law (West Group, 1997 - ) KFO 144 .M4,

Real Property

  • Kuehnle, Kenton L and Levey, Jack S., Ohio Real Estate Law (West Group, 1993 - ) KFO112 .H362
    Curry, Robert M. & Durham, James Jeffrey, Ohio Real Property Law and Practice 5th ed.(Lexis 1996 -) KFO 112 .M32,
  • White, Frederick, Ohio Landlord Tenant Law(West Group, 1997- ) KFO117.Z9 W5,
  • Iskin, Peter M., Ohio Eviction and Landlord Tenant Law 3rd ed., (Legal Aid Society of Cleveland, 2003), KFO117 .I854 2003
  • Kuehnle, Kenton L. & Williams, Charles T., Ohio Condominium Law (West Group 2007), KFO114.C6 A5183,

School Law

  • Hastings, Manoloff, Sheeran & Stype, Baldwin's Ohio School Law (Westlaw 2003-) KFO390 .B3 2003,
  • Carey, Kimball H., Anderson's OhioSchool Law (Lexis 2007-) KFO.B342 2007,

Securities Law

  • Friedman, Howard M., Ohio Securities Law and Practice 2nd ed. (Anderson, 1997 -) KFO 179 .F75,
  • Ernst, Christopher M., Tort Law (Thomson/West, 2005-) KFO195 .E78 2005,