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Legal Research: Step 5: Search Strings to Locate Relevant Starting Authority (Burial Site Issue) (Statutory Law)

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

Answer Who What Where When Why to Create Search Strings

Who What Where When Why

Key Facts and Issues Help You Create Search Terms

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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 burial kapa, gourd, bowls, homeowners, home improvement

 

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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 contractor, excavation, consideration

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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 iwi kupuna, burial artifacts, bones, K breach

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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 & regulations DLNR, penalties, notice

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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 SHPD, moepu, funerary objects, stop, work

Use Search Strings to Locate Starting Authority

Let's take our search strings into secondary sources and annotated codes to locate starting authority on our issue.

Researching the Burial Site Issue in Secondary Sources

Starting Your Research in Secondary Sources: Scroll the Left-Side of the Screen

Black's Law Dictionary

Use Black's Law Dictionary, or a subject matter specific dictionary, to define terms.

Ulukau Hawaiian Dictionary

Catalog Search with Keywords

Search the law library catalog for relevant treatises.

Catalog Search Results

Chapter 16 of the Native Hawaiian Law Treatise indicates that the Hawaii Constitution mandates the protection of iwi kupuna, in article IX, section 9 and article XII, section 7.  Thus, the constitutional amendments as the highest authority would begin the rule section.

Search Hawaii Under the State TabSelect the State Materials Tab, Scroll Down, and Search Hawaii Secondary Sources

Search Hawaii Secondary Sources

Search Hawaii Secondary Sources

burial AND hawaii! AND (iwi kupuna OR moepu) AND cultur! returns around 20 results.

"iwi kupuna" /p burial returns around 8 results.

Searching Within the Document With Highlighted Terms

Search Navigate the original terms to skim the article and locate relevant primary authority.

Locate Primary Authority Within Relevant Secondary Source

Relevant Annotations

The law review leads you to other relevant statutory laws, including Hawaii Revised Statutes sections 6E-3, 43, 43.6.

Who What Where When Why Applied to Our Facts

Who What Where When Why Applied to Fact Pattern

**WHEN: present-day

When identifying key terms to use in your search strings, consider using a term's synonyms, as well.  Consider these resources to help you formulate synonyms:

Connectors and Expanders Help Create a Search String

Refining Search Terms

Sample Search Strings Using Connectors & Expanders

Relevant Boolean Search examples from our relevant facts and terms of art:

"native Hawaiian" /p burial iwi /s kupuna /p burial
iwi /s kupuna /p burial & "native Hawaiian" regulat! /p iwi /s burial
regulat! /p burial & "native Hawaiian" funerary /3 object /p burial
burial /s (goods OR site) /s iwi burial /s (goods OR site) & Hawaiian

Researching the Burial Site Issue in the Annotated Code

Starting Your Research in an Annotated Code: Scroll the Right-Side of the Screen

Hawaii Revised Statutes Under State TAB

Hawaii Statutes & Court Rules

Search with the following search string: burial /s site

Hawaii Revised Statutes Result List

Search the Index

More Words and Phrases

Follow the link to Hawaii Revised Statutes section 6E-2, Definitions.

Hawaii Revised Statutes section 6E-2

The Session Law information to conduct legislative history is located at the end of each statutory code section, under the Credits header.  At the end of the code section, you can also find its currency information.

Credits for HRS 6E-2

The annotated code is also located on the website of the Hawaii State Legislature.

Hawaii State Legislature Website

Search the Index or browse statutory sections.

Hawaii State Legislature - Browse HRS Chapters

Hawaii State Legislature - Browse HRS Chapters and Sections

Hawaii State Legislature - HRS section 6E-2