Familiarity Ranking #2
Now that we know a little more about criminal trespass and necessity/choice of evils we are ready to move to the next stage of preliminary research. A legal encyclopedia might still be something you reach for for additional information, but you can also look toward state specific materials and jury instructions.
In Oregon the Oregon BarBooks is a set of practice guides or deskbooks that most practicing attorneys use to have a better understanding of the law in Oregon. These deskbooks are produced by the Oregon Bar and cover most areas of law. Searching here will help you better understand how this idea is handled in Oregon, forms and checklists you may need, and also the civil and criminal jury instructions.
Jury Instructions
After you login to the Oregon BarBooks, select BarBooks on the top left tab.
Scroll down the list of book titles until you find the Uniform Criminal Jury Instructions, select that.
On the left select the looking glass to search for the term trespass.
Select "criminal trespass in the second degree" from the search list.
Read the jury instruction and comments.
Write down the elements of the crime, the ORS statute, and a case that might help.
Next search the jury instructions for "choice of evils".
Read the Defense- Choice of Evils (UCRIMJI 1103).
Write down the elements you must satisfy to raise this defense and 2 cases that you would look at to find out more about the defense.
Oregon BarBooks
Return to the BarBooks Home (upper right)
Select the Criminal Law in Oregon title.
Search the table of contents for Damages (Chapter 19), then expand the chapter and look for Excused Behavior Defenses (19.6).
Select the sections on Choice-of-evils.
Read through this section and see if your facts might be able to support this affirmative defense.
What cases will you want to read?
Write this all down in your research trail.
Video Help
- Practice Guide VideoThese videos will help you understand how and when to use practice guides or deskbooks. In Oregon this is called the Oregon BarBooks. Washington has two similar publications, Washington Practice and WA Deskbooks.
Lexis Publications
- Lexis Access to Oregon BarBooksLexis also has access to Oregon BarBooks. You can find it under Oregon Secondary Sources. This is the same content as what you find on the OR Bar page.
Other Oregon Resources
- Oregon Legal Research GuideBoley's Oregon Legal Research Guide is a quick guide to many resources available in Oregon for legal research. It's also a quick guide to finding OR statutes, regulations, and cases.
Research Questions
Now that you understand the law in Oregon, think about how your research question has changed and what you will be researching next. You want to know more about the defense of necessity and choice of evils. What is a new research question based on everything you've learned so far? Write it in your summation of facts.
