Note:
This class includes an afternoon at the Barco Law Library with hands-on experience in the archives.
This course is designed to provide students with an understanding of basic legal concepts applicable to family history research and approaches to researching the law underlying the records we use. Misunderstanding the legal context may make us miss records critical to our research or miss clues hidden in the records. Students will review a wide variety of record types, from court records to land and vital records, with a focus on particular legal resources available both online and in brick-and-mortar law libraries to learn just how the law can often provide the key to solving difficult genealogical problems. In-person research at the Barco Law Library of the University of Pittsburgh will be featured.
All students should have a working familiarity with the principles of sound genealogical research and application of the Genealogical Proof Standard to achieve sound conclusions. Since this is an entry-level course for the integration of legal resources into genealogical research, students do not need specific prior education or experience in legal resources. Additional resources for those who want to do some pre-reading will be provided in the Dropbox.
To make the most of the onsite and online resources, students will benefit from reviewing their own research with an eye towards identifying questions as to how the law might apply.
All times are listed in Eastern Time.
Live Sessions may be subject to schedule adjustments by your course coordinator.
Day | Session | Time | Session Title | Description | Instructor |
---|---|---|---|---|---|
Monday 14 July |
Intro | 8:30 – 9 AM | Class Intro | Russell/Sayre | |
1 | 9 – 10:15 AM | An Introduction to the Law | Introduction, course outline, and overview of the legal systems affecting genealogy (common, civil, canon, and statutory law). | Russell | |
2 | 10:45 – 12 PM | State Courts and their Records | Courts created by state law can be called the People’s Courts since they are the courts with which our ancestors interacted the most. Understand the organization of these courts, the division of functions among the various courts, the record-keeping systems historically in use, and the scope of court records of value to genealogists. | Russell | |
3 | 1:30 – 2:45 PM | Federal Courts and their Records | From the original 13 U.S. District Courts created by the Judiciary Act of 1789 to the multi-layered federal system now in place, federal courts adjudicate civil, criminal, and administrative matters of interest to genealogists. Learn the structure of the courts, the nature of the records they create, and how and where to find them for use in family history. | Russell | |
4 | 3:15 – 4:30 PM | The Legislative Process, Statutes at Large, and Private Acts | Many individuals are mentioned in, or the subject of laws passed by Congress, and many laws passed by Congress created records of genealogical interest. Learn about the legislative process, including how a bill becomes law. The principal records created—debates, journals of Congress, and statutes—will be described. Learn how to find and use the Statutes at Large. | Sayre | |
Tuesday 15 July |
5 | 9 – 10:15 AM | The Serial Set, American State Papers, and Territorial Papers | These publications contain the reports of the Congress and the Executive branch and are an essential source of American history. Thousands of people are mentioned in these documents. Learn about the creation, content, and genealogical importance of these core federal government publications. Learn how to locate and access these publications. Case studies and usage concepts for the reports of the Congress and the Executive branch will close this session. | Sayre |
6 | 10:45 – 12 PM | The Claims Committees of the Congress and the U.S. Court of Private Land Claims | Beginning in 1794 and continuing well into the twentieth century, Congress created 14 different claims committees, acting in effect as an appellate authority over the executive branch’s decisions. Favorable resolution of these claims often resulted in the passage of a private act. Understand the jurisdiction and operation of these committees and discover the importance of these private acts in genealogical research. | Sayre | |
7 | 1:30 – 2:45 PM | The Law of Inheritance | From documents created on a person’s death to dower and guardianship, the records resulting from the law of inheritance are among the most valuable genealogical resources. Learn the differences between testate and intestate estates, the ins and outs of the probate process and the supervising courts, and the wide variety of records created in typical and atypical inheritance cases. | Russell | |
8 | 3:15 – 4:30 PM | The Law of Women and Children | Many aspects of the law generally distinguish between men and women, putting women at a disadvantage. From property ownership to voting, the English common law, in particular, was distinctly patriarchal, with men given authority over both wives and children. Learn how the law treated women and children and what records may have resulted from that distinction. | Russell | |
Wednesday 16 July |
9 | 9 – 10:15 AM | State Land Law – Deeds, Mortgages, and More | Land acquisition, through grants, purchases, inheritance, and more, was closely controlled by colonial and state law. Who could acquire land, what limits were imposed on sale, transfer, and use, and how those transactions were recorded were all dictated by law. Learning how the records are created can be the key to resolving many questions about relationships. | Russell |
10 | 10:45 – 12 PM | Federal Land Law – The Public Domain | Beginning with the Land Ordinance of 1785, several key acts of Congress created the public domain, which was governed by some 3,000 laws. Using case studies, we will explore the key laws and how contests over land entry and the ensuing legal complexities generated rich records of genealogical significance. | Sayre | |
11 | 1:30 – 2:45 PM | Law Library Resources in Person | BARCO LAW LIBRARY VISIT | Russell/Sayre | |
12 | 3:15 – 4:30 PM | Law Library Resources in Person | BARCO LAW LIBRARY VISIT | Russell/Sayre | |
Thursday 17 July |
13 | 9 – 10:15 AM | The Law of Marriage and Divorce | The fundamentals of the law of marriage are who can marry, when, and under what circumstances after what legal formalities. The age requirement, whether consent was required, how closely they could be related, and the consequences if the marriage was void or voidable will be reviewed, along with the laws governing the other end of the marriage and the availability, grounds for, and authority to grant divorces. | Russell |
14 | 10:45 – 12 PM | Military Pension Laws | Almost every military conflict resulted in the award of pensions and other benefits. Discover how pension law created records of genealogical significance. Understand how the constantly changing eligibility requirements determine if an individual was awarded a pension or bounty land. | Sayre | |
15 | 1:30 – 2:45 PM | Immigration Laws in General | Effective use of immigration records in the United States requires an understanding of the legal controls exercised by the government and how changing economic, social, and political conditions dictated changes in the law and in the welcome extended to newcomers. This comprehensive review will cover both the laws and the records resulting from the laws. | Ferretti | |
16 | 3:15 – 4:30 PM | Naturalization Laws in General | Effective use of the records of naturalization in the United States, like the records of immigration, requires an understanding of the legal controls exercised by the government and how changing economic, social, and political conditions dictated changes in the law. This comprehensive review will cover both the laws and the records resulting from the laws. | Ferretti | |
Friday 18 July |
17 | 9 – 10:15 AM | Federal Prisons and Investigations | Prison records and investigative files reveal details of an individual’s life that are available nowhere else. Understand how to locate federal records of investigation and incarceration. Learn about the genealogical value of these records, including records from the Bureau of Prisons and the investigative case files of the FBI (1908–1922). | Sayre |
18 | 10:45 – 12 PM | Using the Law to Prove a Case (Case Studies) | Case studies showing how the law can often provide the key to solving difficult genealogical problems. | Russell/Sayre |