Now that you have read some cases you might find that returning to specific secondary sources may help your understanding of a topic. For this assignment after reading through the cases you will find that WI courts have adopted the Restatement of Torts, a unique secondary source. At this point in my research I might now turn to this secondary source to further my understanding on the topic.

Other sources I might reach for might include very specific treatises on specialized torts or law reviews on a unique public policy angle or ethics issue.

These resources often require a greater understanding of the topic in order to use them successfully in your research, so they are higher on the familiarity ranking. They are also the only types of secondary sources that you may find occasionally in a brief or court opinion when there is not law on that topic.

The Restatements are a series of treatises written and published by the American Law Institute that spell out the principles or rules of law for a specific subject area. You are probably most familiar with the Restatements on Torts and Contracts. The Restatements state the rule, much like a statute, then have a long commentary on the rule along with which courts have adopted the rule. A restatement that has been adopted by a court, is now the rule in that jurisdiction.

Both Westlaw and Lexis have the Restatements, so you can look in one or the other for the next part.

Westlaw

Westlaw>Content>Secondary Sources>Restatements & Principles of the Law>Restatement of the Law- Torts

Select Restatement (Second) of Torts

The case said §682, which is in Division Seven Unjustifiable Litigation, Chapter 31 Abuse of Process

Read through §682, the commentary and then look on the left hand side for jurisdictions that have adopted the restatement. You will find Wis. and Wis.App. there. Go to those cases. One should look familiar! Read through the descriptions and decide if you want to look at these cases further, if you have not already. Write down in your research log any new information.

Lexis

Lexis>Content>Secondary Material>Restatements>Torts

Select Restatement of the Law, 2d- Official Text

Select Division 7, Chapter 31, §682

Read the rule and commentary. To find Wisconsin cases use the citator on the right hand side. Use cmd F/Ctrl F for Wis to find cases.

Write down in your research log any new information.

You can also return to secondary sources to look at an issue you have not yet found in your primary sources. One good resource for this is the American Law Reports or ALRs. These are annotations that delve into specific questions of law and list jurisdictional differences on the question. It's a great way to find additional cases or raise persuasive arguments.

Using Westlaw's ALR index we can look more at the question of attorneys and abuse of process cases.

Westlaw>Content>Secondary Sources>American Law Reports

On the right hand side is a blue box, select the link to the American Law Reports Index

Select Index Contents

You now have an alphabetical list of subjects. Under 'A' look for Abuse of Process and select it.

As you scroll down you will find Attorneys as a heading in the Abuse of Process section. Notice that "disciplinary action" is further in the listing.

Scroll down to Disciplinary Action and select "initiating, or threatening to initiate, criminal prosecution as ground for disciplining counsel, 42 ALR4th 1000"

On the left hand side you can select Wisconsin, then select "Apply". This will highlight Wisconsin cases specifically in this annotation.

Read through the annotation, especially the WI cases, to see if you would like to pursue these cases further. These cases will help you find other cases that specifically look at the threat of criminal prosecution in an abuse of process case. Write down any cases you think may be helpful.

Law review articles often look at controversial topics or public policy arguments. They can be a good place to find unique arguments for briefs and find supporting cases and materials.

Heinonline's Law Journal Library is the best place to search for this type of information. To find Heinonline's Law Journal Library first go to the Boley A-Z list of databases on the library's website. Select L, then look for Law Journal Library. This will take you directly to the database. You can then search for your terms.

Search for "abuse of process" AND attorney. See if there are any articles that support the arguments you are making in your brief.

You can also add more search terms to find specific articles that address your topics of interest. To jump right into the article where you search terms are found select the link that says "turn to page" instead of selecting the title of the article.

You may find an article that helps with your arguments but remember these are often densely packed long articles that are not always helpful in brief writing.

If you find something put it in your research log and pursue the footnotes addressing the issue.