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Legal Research: Step 2: Spot the Issues

This Guide will help law students navigate the legal research process.

The Key Facts Help You Spot the Issues

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Recently, three hand-carved bowls, some burial kapa, and a gourd were uncovered when the Li Family dug into their hillside to shore up the back portion of their house.

 Burial site

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The Li Family got a good price from Deke and agreed to pay him cash for even more savings. Fifty percent down, fifty percent when Deke finished the work.

Contract law issues

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When Deke saw the artifacts, he immediately stopped operations.  He was afraid the next bucketful would include iwi kupuna, or old bones and that would be trouble, big trouble for him and the Li Family. At the very least, he recognized them as native Hawaiian cultural items and did not want to proceed in case he damaged them.

Native Hawaiian culture

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After a restless night, Deke called Department of Land and Natural Resources (DLNR) the next morning and reported the items but gave the Li Family name and address.

Agency rules and regulations

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The State Historic Preservation Division (SHPD) said all work had to stop because it appeared that the Li Family could have a Native Hawaiian burial site on their property. They would have to research their databases to determine whether it was a known site or if this was an inadvertent discovery of moepu or funerary objects.

Native Hawaiian burial site

Federal Laws Address Federal Issues

Federal laws address federal issues and apply to every state in the United States. Typical federal issues include the following:

  • Immigration
  • Bankruptcy
  • Social Security
  • Anti-discrimination and civil rights
  • Patent, trademark, and copyright
  • Crimes defined by federal law and the Constitution
  • Admiralty and maritime matters

State Laws Address State Issues

The fifty states, and several commonwealths and territories within the United States, have their own system of laws and courts.  Typical state issues include the following:

  • Crimes
  • Divorce, custody, and other domestic matters
  • Welfare and public assistance
  • Wills and estates
  • Real estate and other property
  • Business contracts
  • Personal torts
  • Worker's compensation

Municipal Laws Address Local Issues

The different counties, cities, towns, and municipalities in each state, commonwealth, or territory in the United States have their own system of laws and courts.  Typical local issues include the following:

  • Rent matters
  • Zoning
  • Local safety