Additional Resources for Navigating & Searching Within Statutory Law
Use the Notes of Decisions to Find Cases Interpreting Your Statute
Find More Relevant Cases with the Notes of Decisions: Scroll the Left-Side of the Screen
Our research from the secondary sources pointed to Hawaii Revised Statutes section 6E-43 as being relevant to our issue. Let's use the Notes of Decisions to locate cases interpreting the statute that might work for our client's argument.
There are few cases interpreting and applying the issue since it has not consistently risen to the highest courts in the State.
Let's also search the Notes of Decisions of the Hawaii Constitution, article XII, section 7, which our research in the secondary sources identified as the highest authority governing our issue.
Searching within the Notes of Decisions with the relevant keyword iwi narrows the list of 80 cases to the most relevant case for our issue.
Notice that Kaleikini v. Thielen, 124 Haw. 1, 237 P.3d 1067 (2010) recurs across the Notes of Decisions associated with both the relevant statute and constitutional article. You would definitely want to note any recurring cases in your research plan as you expand your research from your starting authority.
In Lexis, to access the Notes to Decisions (and other Research References), scroll down past the law's history or credits.
Use the Citing References to Find Cases Interpreting Your Statute
Find More Relevant Cases and Relevant Regulations with the Citing References: Scroll the Right-Side of the Screen
To locate additional cases interpreting and applying section 6E-43 that might prove relevant to your client's argument, check out the statute's Citing References.
Like the Notes of Decisions, the statute's Citing References can also be sorted, filtered, and searched within to help you narrow a large result list to those results that are the most relevant to your client's issue.
Because Kaleikini v. Thielen appears in yet another resource (or within yet another finding aid) you would note this in your research plan and then continue researching, saving a more critical reading of the case until after you have completed your research plan. To access the Citing References in Lexis you have to first Shepardize the document.
Use the Citing References to Locate the Relevant Regulations
Statutes authorize and are a higher authority than regulations. Regulations often address details left out of the authorizing and implicating statutes, so you may have to include them in the rule section of your argument, alongside the relevant statutes. Hawaii Revised Statutes section 6E-2 is silent as to the definition of an inadvertent discovery, so let's use the Citing References from section 6E-43 to locate the relevant regulation that addresses the inadvertent discovery of the iwi kupuna at our burial site.
There are 62 regulations that cite section 6E-43, so let's narrow the results and search within using the following relevant terms:
inadvertent /s discovery
From the information provided in the result list, we quickly identify HAR section 13-300-2 as the relevant regulation that defines inadvertent discovery.
Link through HAR section 13-300-2 to see the full definition.
Scroll down to locate the authorizing statute(s) and implicating statutes, and the currency information for a citation to the electronic or online source.
