Legal Methods

There are two preliminary steps to take:

1. Define the scope of your project - evaluate the type of work product you are expected to produce and the amount of time you have.
2. Generate search terms - construct a random list of words that seem relevant to the issue; the parties involved in the problem and relationships to each other, the places and things involved in the problem, the potential claims and defenses that could be raised, and the relief sought by the complaining party.

Primary Mandatory Authority -- if you have background on your topic -- seek out research notes in Constitutions, Court Opinions, Statutes, and Regulations.

Secondary Authority -- helps generate search terms and what authority you should research -- provide commentary on and analysis of the law.

Primary Persuasive Authority -- rarely used to start research projects.

Primary

Mandatory (Binding)

• Constitutional provisions, statutes, and regulations in force within a jurisdiction are mandatory authority for courts within the same jurisdiction.
• Decisions from higher courts within a jurisdiction are mandatory authority for lower courts within the same jurisdiction.

Persuasive (Nonbinding)

• Decisions from courts within one jurisdiction are persuasive authority for courts within another jurisdiction.
• Decisions from lower courts within a jurisdiction are persuasive authority for higher courts within the same jurisdiction.

Secondary

Mandatory (Binding)

• Secondary authority is not mandatory authority.

Persuasive (Nonbinding)

• Secondary authority is persuasive authority.

The National Center for State Courts (NCSC) acts as a non-profit provider of many services to the courts including: research studies, consulting, a variety of educational programs, an extensive web database of information on court administration, the largest library of materials on court administration in the world, and continued assistance in the improvement of inter-branch relations through its lobbying and advocacy services.

The State Court Web Sites page of the NCSC provides judicial branch links for each state, focusing on the administrative office of the courts, the court of last resort, any intermediate appellate courts, and each trial court level.

The Unified Judicial System of Pennsylvania (AOPC)

The judiciary’s entry-level courts are located in more than 500 magisterial districts and in municipal courts in Philadelphia and Pittsburgh. The next level, the state’s trial courts or Courts of Common Pleas, are in judicial districts which mostly follow county boundaries. The statewide intermediate appellate courts — Superior and Commonwealth — hear criminal and civil appeals from the trial courts and some original cases brought against the state and its agencies.

The Supreme Court of Pennsylvania is the highest arbiter of cases in the judicial system, and has administrative authority over the entire court system. The Pennsylvania court system is structured like a pyramid with the Supreme Court at the top.

Pennsylvania District Courts

What's the Difference Between State and Federal Courts?

Pennsylvania state courts decide cases involving child custody matters, divorce, most criminal cases, real estate issues, juvenile issues, contract disputes, traffic violations, personal injury issues, and inheritance matters, to name a few. These courts can also hear cases that are appeals from state or local agencies. For example, an appeal from a local zoning decision would normally go to the local Common Pleas Court.

But, there are certain categories of legal disputes that are resolved in federal courts. Federal courts may hear cases that involve the U.S. Constitution, federal law, the United States government, or controversies between states or between the U.S. government and foreign governments. In addition, they may hear “diversity of citizenship” cases – cases between citizens of different states (for example, between a citizen of Pennsylvania and a citizen of New York), or between a citizen of a state and a non-U.S. citizen. Note that diversity of citizenship cases must involve claims that exceed $75,000.

The federal courts also hear appeals from federal agencies. For example, an appeal from a denial of social security benefits by the Social Security Administration, would go to the federal courts, once all administrative appeals are finished.

Federal district courts in Pennsylvania are: the U.S. District Court for the Eastern District of Pennsylvania, the U.S. District Court for the Western District of Pennsylvania, and the U.S. District Court for the Middle District of Pennsylvania.

Magisterial District Courts

Together with the Pennsylvania State Data Center, the Pennsylvania Courts have created a new interactive tool to help the public find information related to the Magisterial District Courts. The Interactive Magisterial District Court Map clearly lays out the boundaries of all of Pennsylvania's 509 magisterial district courts. To locate your magisterial district court office, run a search for your address. From your search result on the map, left click within the boundaries of the district to see the Judge's name, contact information and office location for your address.

The home button on the top left portion of the map will return you to the default, statewide view.

In addition to information about magisterial district courts, the map also indicates county courthouses, law enforcement agencies and correctional facilities.

Unlike other counties in Pennsylvania with magisterial district courts, Philadelphia has The Municipal Court. For more information about The Municipal Court in Philadelphia, see the Philadelphia Court's website.