List synonyms and antonyms. Characterize people and parties (e.g. grandparents instead of grandmother, nanny, or grandma). Revise by examining your search results: Are certain words bringing up irrelevant concepts or cases? Are there terms of art that should be included in your search string?
Useful Boolean Connectors and Expanders
And Use to connect two different words or concepts. Contract and Breach or Use to connect synonyms. Contract or Agreement /s Dictates that the words appear in the same sentences Service /s unique
/p Dictates that the words appear in the same paragraph Profits /p remedy /n Dictates that the words appear within a certain number of words of one another. Promise /50 reliance
! Wild card; use at the end of a word. Recover!= recover, recovery Use for phrase searching liquidated damages * Universal character Remed* = remedy NOT remedial
In the Westlaw Next Search box, you must use adv: or the advanced search options
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One Good Case Research Method:
With one good case you can find other, on-point authority by 1. Using the Headnotes to find an on-point Topic/Key Number. Topic/Key Numbers represent a narrow point of law contained in the case. Using the Headnote/Topic/Key Number will lead you to other cases from all jurisdictions that share the same narrow point of law. 2. Using the cases and other authority cited by the court by referring to the Table of Authorities or using the hyperlinks in the case. 3. Use the Citator (Shepards / Citing References/ Bcite) to find additional authorities. 4. Use the terms and concepts contained in the case to build additional search strings.
Lexis Advance Headnote:
Westlaw Next Headnote:
Narrow Topics
Topic (Broad) Brings you directly into the case at that point. Narrow point of law from the case Brings you directly into the case at that point. Topic (Broad) Key Number: follows the k and corresponds to the narrow issue of law. Narrow point of law from the case.
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Hints for Using Headnotes Use the narrowest topic (in Lexis Advance) or the Topic and Key Number (in Westlaw Next) to take you to more cases that share the same, narrow point of law. Adjust your jurisdiction. Receive a list of headnotes from cases (in Westlaw Next) or cases (in Lexis Advance) that share the same narrow point of law. Search within the results for a specific keyword/term/concept.
Citating
1. Use a Citator to confirm you have good law and to find more cases. 2. Determining that you have good law is a two-prong analysis: (a) How have subsequent, other courts treated your case? (i) Note: depth of treatment (ii) Note: jurisdiction (iii) Note: flags/symbols interpret (b) What happened to your case as it progressed through the system? Overruled? Affirmed? Remanded? etc. 3. Use a citator to find additional relevant cases because the citator lists all cases that cite your case. (Shepards / Citing References).
To Citate in Westlaw Next Citating in Westlaw involves interpreting flags or symbols that are attached to each case. The most common are
1. Use the History Tab. Review the subsequent appellate history (What happened to your case subsequent to the decision at hand? Was the judgment affirmed? Was the judgment reversed? Was an appeal dismissed? Was certiorari denied or granted?). Direct history is listed on the left. Previous history is what happened to your case before the decision at hand (for purposes of citating, its not important but it may provide some context to the procedural history). Subsequent history is what happened to your case after the decision at hand. This is important for determining whether you case is good law. Graphic in center, right shows all history.
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Use the drop-down menu to specify previous or subsequent history.
2. Use the Negative Treatment Tab to determine whether any courts in the relevant jurisdiction (consider: mandatory authority / binding precedent) have said anything negative about your case as to relevant issue (Did subsequent courts from the jurisdiction decline to extend? Distinguish? Question?) Focus on the issues: Use the Headnotes in the column on the right to determine what issue(s) the case listed is treating your case. Focus on jurisdiction. Does negative treatment come from a court in another jurisdiction? Are the decisions from that court binding? Read the decisions to determine how negative the treatment really is. For example, distinguished by is considered negative treatment, it doesnt typically impact the validity of prior cases.
Citating on Lexis Advance Similar to Westlaw Next.
1. Click the Shepardize button on the right. 2. Review the Appellate History. 3. Review the Citing Decisions. Narrow by analysis (how other courts have treated or analyzed your case) Narrow by jurisdiction (to focus on the relevant jurisdiction). Narrow by or look for relevant headnotes number to focus on the relevant issues.
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For more on learning to research a legal issue, see Introduction to Legal Research Handout available on the Small Group website.
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6 I. Draft an issue statement for research:
Use 5Ws Plus (Who, What, When, Where, Why, Legal Theory, Jurisdiction, Procedural Posture) or TAPP (Things, Actions, People, Places) to identify keywords and concepts.