LEGAL RESEARCH

Prof. King
Fall, 2010

Sources of Law –
 Two Types –
o Primary Sources –
 Laws themselves
 Statements or rules made by persons or groups empowered to declare law
 Types – correspond to branches of gov’t
 Constitutions – federal and state
 Statutes – federal and state (legislative)
 Cases – federal and state (judicial)
 Administrative law – federal and state (executive) (e.g., treaties)
o Secondary Sources –
 Commentaries about the law
 Statements or opinions made by persons or groups w/o power to promulgate law
 Groups –
 Law professors
 Law review students
 Practicing attys
 Legal publishing editors
 Etc
 Sources –
 Books (treatises)
 Journal articles
 Encyclopedias
 Etc
 If it doesn’t come from a branch of gov’t, it MUST be secondary
 Can NEVER convert secondary sources to primary

Court Structure –
 Federal Court System – is PARALLEL to state system, NOT above
o Trial Level – U.S. District Court –
 Each state has at least one district (may be all or part of the state)
 Each dist ct is within the jurisdiction of a particular federal circuit
o Intermediate Appellate Court(s) – U.S. Circuit Court of Appeals
 13 circuits – 11 numbered circuits, D.C. circuit, and Federal Circuit (in D.C.)
 Must accept appeal of loser at dist ct
o Court of Last Resort – U.S. Supreme Court
 Highest court in the land
 Has discretion to hear/not hear
 May only hear state case if there is a federal question
 State Court System – exact names vary from state to state
o Trial Level
o Intermediate Appellate Court(s)
o Court of Last Resort – THE primary authority on issues of state law
 Federal and state systems are separate and parallel

Authority (Mandatory v. Primary) –

 Used to determine relative weight of various relevant sources of law
 Don confuse mandatory v. persuasive w/primary v. secondary (e.g., cases are always primary, but may be mandatory or
persuasive)
 Mandatory Authority – court MUST follow; offered as directive; best kind to find
o U.S. Constitution – always mandatory
o U.S. Supreme Court – always mandatory (interpreting federal questions, which is what Sup Ct does)
o Other Federal Courts – mandatory for lower courts in the same jurisdiction; persuasive for all other courts
o Federal Statutes – always mandatory
o Federal Administrative Law – always mandatory
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 o State Constitution – always mandatory within the state
o State Courts – mandatory for lower courts in the jurisdiction AND federal courts interpreting state law; persuasive
for all other courts
o State Statutes – always mandatory within the state
o State Administrative Law – always mandatory within the state
o Where 2 mandatory sources conflict, use the more recent one
 Persuasive Authority – court MAY follow, but doesn’t have to; offered as guidance
o Federal Courts (other than Sup Ct) – persuasive for higher courts in the jurisdiction and courts in other
jurisdictions
o State Courts – persuasive for higher courts in the jurisdiction and courts in other states
o Secondary sources are ALWAYS persuasive
 Case Precedent –
o Stare Decisis – policy that case precedents should (not must) be followed to ensure fairness, consistency, and
predictability
 Just an overarching principle, NOT an inexorable command or rule
 Applies to all courts and all case precedent
 A court’s own decision is highly persuasive, but NOT mandatory
o Mandatory Case Precedent – requires that certain case precedent is binding
 Applies ONLY to holding, NOT dicta (dicta is persuasive)
 Precedential case must have:
 Materially similar facts
 Not been overruled or modified
 Come from a higher court in the same jurisdiction
 Own court’s prior decisions is NOT mandatory under stare decisis (though it is highly persuasive),
otherwise courts could never adapt or change their minds
 Interplay of Court Structure and Case Authority –
o Federal –
 Dist Ct is bound by Cir Ct of Appeals for its circuit, and by U.S. Sup Ct
 Cir Ct of Appeals is bound by U.S. Sup Ct
o State –
 Trial courts are bound by Intermediate appellate courts in their state (and district, if applicable), by State
court of last resort, and by U.S. Sup Ct
 Intermediate appellate courts are bound by State court of last resort, and by U.S. Sup Ct
o Federal and State Crossover –
 U.S. Sup Ct is ONLY federal decision MANDATORY on STATE COURT (decisions are, of course, on
points of federal law)
 State’s interpretation of its own law is MANDATORY starting point for FEDERAL COURTS
interpreting state law (may decide that that interpretation is inconsistent w/federal law, of course)

Researching Secondary Sources –

 Preliminary –
o Three Basic Methods for Accessing Info in Law Books –
 Index or Descriptive Word Method – look up key word in index
 Known Authority Method – using a table of cases, useful if you know citation
 Topic Method – TOC, shows how one area of law relates to another
o Analyzing Fact Situations –
 Use TARP – using key words to do a legal search on legal issues
 Things
 Actions (Defenses)
 Relief Sought
 Parties (People)
 Three Basic Functions of Secondary Sources –
o Intro or review of the law
o Finding tool for primary authorities (e.g., cases)
o Buttress legal arguments
 6 Basic Types of Secondary Sources –
o Dictionaries – use to define words
 Black’s Law Dictionary and Ballentine’s Law Dictionary
 Each has its own special citation b/c it is frequently cited – BB 15.8(a)
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  Dictionary Name Page # (Ed. Year)
 E.g., Black’s Law Dictionary 712 (7th ed. 1999)
o Legal Encyclopedias – use to find brief summary of law & authorities
 General nat’l encyclopedias and state encyclopedias
 Wider range of topics than A.L.R. annotations, but not as good a source for citations to non-case sources
 Usually gives clear statement of blackletter law, good discussion of legal issues, footnote citations to
relevant cases, and citations to selected secondary sources
 Treats the law from A to Z
 Gives overview and broad summary
 Refers to primary authorities
 Generally refer to cases more than to statutes
 Am. Jur. (American Jurisprudence) –
o Only cites selected cases; more selective and concise than CJS
o Outline of sections precedes each article
o Textual discussion of issue
o Footnote references to cases and (federal) statutes
o Footnotes cite to relevant A.L.R. annotations
o Index volumes at end of set
o Updates through pocket parts
 C.J.S. (Corpus Juris Secundum) – West Encyclopedia
o Attempts comprehensive coverage of case citations
o Each article begins w/outline of sections
o Black letter law, other CJS articles, digest topic and key # reference
o Textual discussion of issue
o Footnote references to cases and (federal) statutes, as well as (possibly) law review
articles
o Cites to West digests
o Index volumes at end of set
o Updates through pocket parts
 Each has special citation b/c frequently cited – BB 15.8(a)
o Volume # C.J.S. (or Am. Jur. 2d) Topic § # (Year)
o E.g., 88 C.J.S. Trial §192 (1955).
o Legal Periodicals (Journals) – in-depth look at narrow topics & authorities
 Three Indexes –
 Index to Legal Periodicals Retrospective (1918-1981) –
o Print version, Index to Legal Periodicals (ILP) is current through the present
o Useful for articles prior to 1980 (not in LegalTrac)
o Only index for articles prior to 1980
 LegalTrac (1980- ) –
o Most convenient
o Indexes individual articles within legal journals (doesn’t search full text)
o Called LRI on Lexis and Westlaw
o Various search methods, most effective being keyword
 Searches author, title, subject headings
 Uses Boolean connectors (and, or)
 Display results by date
o Does NOT tell you whether ND Law Library has journal; must use LINK for that
o Print version is Current Law Index
 HeinOnline (1808?—last year)
o Database of over 600 American legal journals
o Contains scanned images
 Generally are more focused on individual topics looked at in depth
 Tend to be well-researched, timely, and full of citations to both primary and secondary sources
 Use LINK to find out if Law Library has a given journal
 LINK is NOT an index of articles within journals; must use index (above) to find articles on a
topic or by an author
 Citation is BB 16

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  Author, Title of Article, Journal Vol. # Journal Abbv. Starting page of Article, Pincite (if
necessary) (Year)
 E.g., Kenneth R. Feinberg, Mediation-A Preferred Method of Dispute Resolution, 16 Pepp. L.
Rev. 5, 14 (1989)
o Treatises (Books) – general to exhaustive coverage of topic & authorities
 Search Law Library catalog via LINK
 Keyword search (title, subject headings, author, notes)
 Title
 Author
 Subject
 Author/Title
 Call Number
 Books are grouped topically by call number
 Nutshells (paperback, small, summary)
 Hornbooks (bigger, more authoritative, more extensive than nutshells)
 Single volume works
 Multi-volume works
 Encyclopedic
 Loose leaf
 Citation is BB 15
 Volume # (only for multi-volume sets) Author (if more than 2 authors use et al.), Title of Book
Page # (Year of Publication)
 If editor, after Page # (Editor name ed., Publisher of edition Edition Year) (Year of Publication)
 E.g., A. Leo Levin et al., Dispute Resolution Devices in a Democratic Society 77 (1985)
 Supplementation often is offered in new editions, pamphlets, pocket parts, and new loose leaf pages
 Citation is BB 15.4(d)
 Include Edition and Supp. Before Year in parentheses (e.g., (2d ed. Supp. 1984))
o Restatements – clear concise statement of principle and illustration of its application
 Published by American Law Institute (ALI)
 12 subjects (agency, contracts, judgments, restitution, torts, unfair competition, conflict of laws, foreign
relations, property, security, trusts, law governing lawyers) – don’t treat all legal issues, only those in these sections
 Frequently cited (over 150,000 cases have cited as authority for the law)
 Non-Appendix Volumes –
 Divides law into chapters and sections
 Provides black letter statement of the rule of law
 Commentary and illustrations provide explanation of rule
 Reporter’s Notes explain development of the rule and cite cases
 Appendix Volumes –
 Cross References cite relevant West digest topic and key number, ALR annotations, and law
review articles
 Summary of citations to the Restatement
 Covers court citations in successive time periods
 Finding Methods –
 Index – TARP terms in individual Restatement Index (back of last non-Appendix volume, except
for Torts)
 Known Authority – use Restatement reference from other source (case, treatise, etc)
 Citation is BB 12.8.5
 Restatement (No.) of Topic § # (Year)
 E.g., Restatement (Second) of Torts §847A (1974).
o American Law Reports – extensive analysis and compilations of authorities from all jurisdictions with elaborate
cross references to other secondary sources
 5 series of A.L.R., 1 series of A.L.R. Fed
 Product of Lawyers Cooperative
 Uses annotations written on specific legal topics
 Contain an explanation of the law and citations to relevant cases, statutes, law review articles, Am.
Jur. articles, etc
 No annotation for every topic
 Includes:
 Annotation title
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  Outline of sections in the annotation on title page (TOC)
 May have index of sections and Jurisdictional Table of Cited Statutes and Cases
 May provide Research References to Am. Jur. articles, texts, etc
 Includes Scope note on the annotation
 Includes Related Matters section, citing other relevant ALR annotations and law review articles
 Text discusses issue and cites cases and statutes
 Finding Methods –
 Index – TARP terms or statute citation (Tables) in ALR Index volumes (shelved after ALR Fed
and ALR Digests)
 Known Authority – use ALR reference from other source (AmJur, case, etc)
 Updated via pocket parts – must check to make sure annotation from Index volume hasn’t been superseded
 Citation is BB 16.6.6
 Author, Annotation, Title of Annotation, Volume # A.L.R. ed. Page # (Year)
 E.g., William B. Johnson, Annotation, Use of Plea Bargain or Grant of Immunity as Improper
Vouching for Credibility of Witness in Federal Cases, 76 A.L.R. Fed. 409 (1986).

Cases and Case Opinions –

 Case Opinion – not a transcript or jury verdict; generally a written (not oral) opinion of an appellate court (not trial level
usually) on specific issues of law (not fact) raised in litigated disputes
 Types of Opinions –
o Majority – written by one judge reflecting majority vote (more than half) of judges hearing the case (presumption
is that it is unanimous unless otherwise denoted); only holding (not dicta) is mandatory
o Concurrence – written if one (or more) judges agree w/majority result but not reasoning of majority opinion
o Dissent – view of judge(s) who don’t agree w/majority result and reasoning
o Memorandum – unanimous opinion stating the result usually w/o elaborating on the reasoning
o Plurality – majority agree on the result, but there is no majority on the reasoning; agreed to by most judges (but not
a majority)
o Per Curiam – opinion handed down by appellate court which doesn’t identify authoring judge; usually used either
if the court wants to show solidarity and speak w/one voice (e.g., unanimous, Brown v. Board of Ed.) or if no one
wants to “take the blame” (e.g., Bush v. Gore)
 Result vs. Reasoning –
o Result – affirmed, reversed, remanded, etc
o Reasoning – why the court reached that result

Publication of Cases –
 Timeline –
o Nominative Reports – individual effort; no uniformity; SLOW
o Official Reports – published by gov’t; format varies by jurisdiction; SLOW; becoming less common (esp. at state
level)
o West Reporters – arise in 1880s; commercial enterprise; format uniform across jurisdictions (standard gauge);
editorial enhancements; MUCH FASTER
o Lexis/Westlaw – commercial competitors; online searchable full text; bells and whistles; MUCH FASTER
o CDROM – economic electronic alternative (short-lived)
o Web – blurs line between “published” and “unpublished”; in 1960s, fed courts began designating some cases as
“unpublished” to reduce time spent on them and eliminate redundant cases; “unpublished” generally aren’t supposed to
be cited
 Elements of a Case –
o Heading – court, docket #, case name, date
o Judge/author
o Opinion text
o West Reporter Case –
 Editorial features are NOT an official part of the opinion
 Synopsis – paragraph summary of facts and outcome
 Headnotes –
 Description – brief statement of each legal issue presented in case
 Navigational Aid – headnote numbers correspond to numbered portions of opinion text, allowing
quick “jumps” to particular issues within case

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  Indexing Aid – each headnote assigned topic & key number from West classification system
which can be used to find other cases on same point of law
 Updating – most recent cases published by West in are in pamphlet advance sheets which are replaced
periodically by bound volumes (case citation doesn’t change)
 Star Pagination – tells you the page number in the official reporter (not as important anymore, except for
Sup Ct)
 Includes the heading, judge, and opinion text as well
o Generally, cases are published chronologically, are available in multiple sources, and vary by publisher in terms
of editorial enhancements, speed of access, format, etc

Structure of Court Reports –

 Federal –
o Supreme Court –
 U.S. Reports (U.S.) – official, comprehensive
 Supreme Court Reporter (S. Ct.) – unofficial, comprehensive, West reporter
o U.S. Circuit Courts of Appeals –
 Federal Reporter (F., F.2d., F.3d) – unofficial, not comprehensive
 Includes only “published” cases – generally fewer than half of cases are published, but it varies
(usually around 30%)
 Federal Appendix (F. App’x) – unofficial, not comprehensive
 Established in 2001 to pick up “unpublished” cases
 Not all the courts cooperate in this
 Circuits vary on whether and how you can cite these cases
o District Courts –
 Federal Supplement (F. Supp, F. Supp. 2d) – unofficial, not comprehensive
 Selective cases, very small percentage (about 10%)
 State –
o Regional Reporters – unofficial
 States are grouped into regions by West
 Covers all cases from the states’ highest courts, and some from some states’ lower courts
 California Reporter and New York Supplement are spinoffs created to handle the intermediate appellate
court cases (as well as highest court cases) from these states
 Cases from state trial courts are rarely published
o Official State Reports –
 Not as important, many states no longer have them

Citation of Cases –
 Bluebook Form –
o Importance – provides info on
 Where to find case text (reporter volume and page no.)
 Precedential value of case (deciding court and date) and presents info in a standardized format
o Must be able to Create and Interpret Bluebook Cites for U.S. Sup Ct, U.S. Courts of Appeals, U.S. Dist Cts,
and State Cases
o Highlights of Bluebook Form –
 Mandatory Minimum Info – case name, reporter volume and page no., court, date
 Supreme Court –
 Cite to U.S. Reports (official reporter)
 E.g., Meritor Sav. Bank v. Vinson, 477 U.S. 57, 60 (1986)
 Federal Reporter (F., F.2d., F.3d) and Federal Appendix (F. App’x) –
 Should be ( ___ Cir. Year)
 E.g., Filartiga v. Pena-Irala, 630 F.2d 876 (2d Cir. 1980)
 Federal Dist Cts (F. Supp. F. Supp. 2d) –
 Should be (Appropriate District Year)
 E.g., Duren v. Bennett, 275 F. Supp. 2d 374 (E.D.N.Y. 2003)
 State Cases –
 Cite to regional reporter only; use abbreviation from BB Table 1
 E.g., People v. Armour, 590 N.W.2d 61 (Mich. 1999)
o Complications of Basic Form –

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  U.S. Sup Ct cases don’t require court abbreviation in parentheses (b/c reporter abbreviation unambiguously
conveys court info)
 For abbreviations of legal periodical titles, use BB Table 6
 MUST use BB Table 1 for court abbreviations (don’t make up)
o NO parallel cites
o Subsequent History –
 Full citation must include subsequent history on appeal
 E.g., Gucci Am., Inc., v. Gold Ctr. Jewelry, 997 F. Supp. 399 (S.D.N.Y. 1997), rev’d, 158 F.3d 631 (2d Cir.
1998)

West Digests –
 Introduction –
o Significance of Digests –
 Subject indexes for cases in West reporters
 Uniform indexing scheme for cases from all jurisdictions (standard gauge)
o Topic and Key Number System –
 Topics – all cases in West reporters are indexed under one or more of the 400+ West topics
 Topic Outlines – each West topic has an associated outline of issues and sub-issues
 Key Numbers – each point in the topic outline is assigned a key number
 Topic and Key Number Together – provide a unique identifier for a specific issue
o Creating a Reporter Volume –
 West editors read opinion and write a synopsis (summary of case facts and holding) and headnotes
(concise statements of points of law)
 Each headnote gets assigned a topic and key number
 Opinions are published in pamphlet advance sheets, arranged chronologically
 Advance sheets are eventually replaced by bound volumes (citation remains the same)
o Digest Pages in Reporter Volumes –
 Each reporter volume includes digest pages at the back of the volume
 Created by collecting headnotes from all cases in the volume and sorting:
 Alphabetically by topic
 Within topic, numerically by key number
 Digest pates index the cases in that volume
o Creating Digest Volumes –
 Reporters – consist of full text of opinions, plus headnotes, plus digest pages
 Digest Volumes – digest pages from individual reporters are consolidated with:
 Headnotes still arranged alphabetically by topic and numerically by key number
 Topic outlines added to the beginning of each topic
 Topic outlines and headnotes are then collected into West Digest volumes
 Using Digests –
o Digest Volumes –
 Main Volumes – massive collections of all headnotes from reported cases from that region
 Lists all cases under topic (alphabetically), then key number (numerically)
 Relevant info for finding relevant cases includes deciding court, date of decision, headnote text,
and case citation
 Descriptive Word Index – indexes to topic and key number system using TARP terms
 Table of Cases – alphabetical list of all reported cases, providing citations
o Finding Methods for Topic and Key Number –
 Index Method –
 Look up TARP terms in Descriptive Word Index
 Find most relevant index headings and subheadings
 Note the topic and key number
 Look up the topic and key number in the main digest volume
 Use topic outline to check for other relevant key numbers
 Known Authority Method –
 Start w/known relevant case (from ANY jurisdiction, standard gauge)
 Get topic and key number of relevant headnote
 Look up topic and key number in digest volume for relevant cases
 Check topic outline for other possible key numbers

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  If you know the case name, but not the citation, look it up in the Table of Cases volume for the appropriate
West digest
o Selecting a Digest –
 Digests based on organizational scheme of West National Reporter System
 Scope of Coverage – all West digests use the same topic/key number system; they differ only in scope of
coverage
 State Digests – index all reported state cases from that state AND federal reported cases decided
by federal and Sup Ct if case arose in or was appealed from that state
 Regional Digests – index all cases for that regional reporter (only state cases)
o For Southern, South Western, and North Eastern regions, no regional digest (must use
state digests)
 Federal Digests – index all reported federal cases from the federal court reporters (Sup Ct, U.S.
Court of Appeals, Dist Cts)
o Series cover cases from successive time periods
 Supreme Court Digest – indexes all supreme court cases
 General/Decennial Digests – index all reported state and federal cases (seldom used)
o Decennial Digests – index cases for successive 10-year periods
o General Digests – update last Decennial Digest
o Updating Digests –
 Overview –
 All West reporter volumes and advance sheets include digest pages for that volume
 West digest sets consolidate the digest pages of the individual reporters
 All West digest sets are updated once a year w/pocket parts
o Most digests aren’t updated in between pocket parts
o Some are updated w/one or two interim supplementary pamphlets updating the pocket
parts
 West reporters are updated much more frequently (biweekly) and so are always “ahead” of West
digests in terms of updating
 Digests are NEVER as current as reporters
 Therefore, a gap may exist between the digest set and the reporters, which can be filled using the
digest pages in the reporter volumes and the advance sheets
 Must use the “closing table” (on the back side of the title page) to determine which is the last
reporter volume indexed by that part of the digest
o The most recent closing table pinpoints where the digest set ends its indexing
o You can then check the digest pages of any newer West reporters for cases under your
topic and key number
 Steps –
 Bound Volume – check the bound digest volume for your topic and key number
 Pocket Part (or Pamphlet Supplement) – check the pocket part for newer cases under your topic
and key number
 Interim Supplementary Pamphlet (If Available) – check for newer cases under your topic and
key number (updating the pocket part)
 Most Recent Closing Table – find the closing table on the back of the interim supplementary
pamphlet (or most recent pocket part) for the last indexed volume of the reporter
 Digest Pages in West REPORTER Volumes – check the digest pages in the West reporter
volumes more recent than the last one indexed
o Summary –
 Basic Rule – digests are just ONE source for finding cases, and not always the best
 Disadvantages of Using Digests to Find Cases –
 Elusive or multiple topic and key numbers
 Cases presented in equal light (significant cases indistinguishable from less significant ones)
 Cases may be superseded by other cases or statutes
 Difficult to extract legal principles
 Secondary Sources as Case-Finding Tools –
 E.g., law journals, AmJur, CJS, treatises (books), ALR, Restatements
 Advantages –
o Provide context and explanation
o Cite “important” cases

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 o Easier to find “hot” new issues
 Disadvantages –
o Not all topics covered
o Selected cases and jurisdictions
 Other Sources for Finding Cases –
 Annotated Codes – best sources for finding cases interpreting specific statutes
 Shepard’s – use headnotes numbers in Shepardizing to find other relevant cases
 “One Case” Rule – digests are the “standard gauge” of case indexes; find just one relevant case (ANY
source or jurisdiction), and you can use the known authority method to search for cases under that same
topic/key number in your jurisdiction

Lexis –
 Finding a Case by Citation –
o Simply type a the citation (no periods or capital letters) into the Get by Citation box (Get a Document command)
 Elements of a Lexis Case –
o Citations – reporter citation and Lexis citation are in the center heading; the cites are flagged w/asterisks for star
pagination
o Editorial Features – Case Summary, including: written by an editor
 Procedural Posture
 Overview – similar to syllabus in West reporters
 Outcome
 Core Terms – significant words and phrases, listed in order of significance; helpful in constructing a
search to similar cases
 Headnotes – not the same as Westlaw, but serves the same purposes
 Summarize points of law (but using only the case’s actual language)
 Indexes and classifies
 Allows you to “jump” to relevant parts of the case text
o Jumping – allows you to move quickly from a headnote to the corresponding section inn the text
o Star Pagination – tells you exactly where every page break occurs in the bound volumes (or where the internal page
number occur for Lexis pagination)
o Linking – links to cases cited in the text take you to the cited case’s full text (articles too)
 Law Review Articles – two different databases
o Legal Resource Index (LRI) – equivalent of LegalTrac
 Allows searching of article titles, author names, subject headings, but NOT full text
 NO links to the full text
 Covers virtually all American legal journals
 Date coverage from 1980-present
 Advantages – greater scope of coverage, and only searches titles and subject headings so relevancy is
more likely
o Full Text Journals (US Journals & Law Reviews, Combined) –
 Searches and retrieves full text of articles, but NOT subject headings
 Covers about 300-500 (NOT all) academic law reviews
 Date coverage varies by journal (generally starting in the 1990s)
 Search Methods –
o Terms and Connectors –
 Requires linking terms w/connectors
 Terms – words or phrases
 Connectors – most common are “and” (very broad, no logical relationship assumed), “or”
(connects synonyms), “w/p” (terms in the same paragraph, better logical relationship), and “w/s” (terms in the
same sentence, logical relationship likely)
 All terms (except those connected by “or”) must be in the article/case
 Must enclose phrases in quotation marks
 Truncation may be used (!) to allow for different conjugations of a word (e.g., forgive, forgiveness, etc)
 Allows greater specificity and control than natural language
 Retrieves only documents meeting search parameters (no set results number)
 Displays results in reverse chronological order
 May bring up irrelevant articles b/c search terms may occur only once in an article
o Natural Language –
 Allows you to just string together relevant words
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  Uses NO connectors
 Searches by “statistical relevancy” – looks for statistically densest occurrences of words, drops terms w/o
notice to fulfill the default number of results
 Retrieves default number (100) of cases
 Relevancy ranking of results – results displayed in order by “relevancy”
 Shorter articles appear earlier in the list (higher density)
 Must enclose phrases in quotation marks (don’t overuse phrases, use them for ideas that are invariably and
consistently expressed together)
 May bring up irrelevant articles b/c it doesn’t allow you to “force” a logical relationship between terms
 View Methods –
o Full – full text
o KWIC – “key word in context,” shows 25 words on either side of occurrences of the search terms
o Next – goes to the next article
o Cite – views list of retrieved citations
 Specific Case Searching Techniques –
o Full-Text Searching Methods –
 Natural Language Searching – search by relevancy; not really precise but useful if not familiar w/the
subject matter
 Terms and Connectors Search – literal search for words and phrases; very precise; must consider all
possible alternative words and phrases, synonyms, etc (every word must appear in each case)
 Overview Segment Search – provides more standard language; makes it more likely that results will be
relevantl
 Searches the case summaries, which is where the standardized language is in Lexis (as opposed to
being in the headnotes in Westlaw; in Lexis, the headnotes are taken directly from the text of the opinion)
 Make connectors broader b/c you are searching a shorter section of document
o Using a Headnote to Find Other Relevant Authority –
 ALL Icon – retrieves cases assigned the same topic. When this is done, Lexis is running a term and
connector search
 There’s a digest view and shows you only the headnotes from the retrieved cases that are relevant to the topic
you began with.
 Search advisor is sort of like a digest that Lexis has created. It shows the topics and sub-topics related to the
headnote you clicked on to get to this screen.
 Headnote Topic – uses Search Advisor; runs predefined terms and connectors search in Search Advisor
using the topic
 “More Like This Headnote” Link – runs a natural language search using terms from the headnote

Westlaw –
 Finding a Case by Citation –
o Type citation w/no capital letters or periods in the Find by Citation box (Find command)
 Elements of a Westlaw Case –
o Synopsis
o Headnotes – same topic and key numbers as used in the West reporters
o Jumping – “jump” to the relevant part of the case w/respect to a headnote
o Star Pagination – shows you page number in bound reporter
o Linking – links to cases, articles, etc
 Law Review Articles – two databases
o Legal Resource Index (LRI) –
 Allows searching of article titles, author names, subject headings, but NOT full text
 DOES link to the full text if available (also tells you in citations list if full text is available)
 Covers virtually all American legal journals
 Date coverage from 1980-present
 Advantages – greater scope of coverage, and only searches titles and subject headings so relevancy is
more likely
o Full Text Database (JLR) –
 Searches and retrieves full text of articles, but NOT subject headings
 Covers about 300-500 (NOT all) academic law reviews
 Date coverage varies by journal (generally starting in the 1990s)
 Search Methods –
o Terms and Connectors –
10
  Requires linking terms w/connectors
 Terms – words or phrases
 Connectors – most common are “and” (very broad, no logical relationship assumed), “or”
(connects synonyms), “/p” (terms in the same paragraph, better logical relationship), and “/s” (terms in the same
sentence, logical relationship likely)
 All terms (except those connected by “or”) must be in the article/case
 “Or” only requires a space between terms
 Must enclose phrases in quotation marks
 Truncation may be used (!) to allow for different conjugations of a word (e.g., forgive, forgiveness, etc)
 Allows greater specificity and control than natural language
 Retrieves only documents meeting search parameters (no set results number)
 Displays results in reverse chronological order
 May bring up irrelevant articles b/c search terms may occur only once in an article
o Natural Language –
 Allows you to just string together relevant words
 Uses NO connectors
 For alternative terms “three strikes” (“habitual criminal”)
 Searches by “statistical relevancy” – looks for statistically densest occurrences of words, drops terms w/o
notice to fulfill the default number of results
 Retrieves default number (20) of cases
 Relevancy ranking of results – results displayed in order by “relevancy”
 Shorter articles appear earlier in the list (higher density)
 Must enclose phrases in quotation marks (don’t overuse phrases, use them for ideas that are invariably and
consistently expressed together)
 May bring up irrelevant articles b/c it doesn’t allow you to “force” a logical relationship between terms
 View Methods –
o “Term” Browsing – takes you to each occurrence of the search terms in the full text
o “Best” Browsing – takes you to the densest concentration of the search terms
 Specific Case Searching Techniques –
o Finding a Topic and Key Number –
 Natural Language – searches for terms anywhere in case and displays in relevancy (density?) order; can
use to find relevant cases and/or good topic and key number
 Display Order – relevancy rank
 Advantages – relevancy ranking; don’t need topic and key number
 Disadvantages – no controlled indexing; “equal light” problem
 Can limit by date as well
 Sy, Di Search – searches for terms only in synopses and headnotes (not full text of opinion, just
synopsis/digest parts); can use to find relevant cases and/or good topic; MUST be done using terms and connectors
 Display Order – reverse chronological
 Advantage – don’t need topic and key number; increased relevancy over full text searching
 Disadvantage – no controlled indexing; “equal light” problem
 Remember, on Westlaw, topic and key number are in odd format (e.g., 350Hk1513, where the topic is
Sentencing and Punishment, assigned a number in Westlaw, and the key is 1513)
 The topic is the first line, the key number is the last line
 The intermediate lines are hierarchical sub-headings under which the key number is found in the
West outline for the topic; this allows the topic outline (from the digests) to see if the key number is relevant
 Conducting a term search in either natural language or sy-di will retrieve relevant cases and allow us to
find an appropriate topic and key number, but sometimes issues straddle two or more key numbers or aren’t really
captured by a topic and key number; however, it is a good approach
o Using a Topic and Key Number –
 Most Cited Cases – must begin w/relevant headnote form a known case on point; system then searches for
cases within specified jurisdiction(s) for cases w/headnotes under the same topic and key number
 Ranks these headnotes in order by the number of time toher cases within your specified jurisdiction have
cited the case for that particular issue
 Tells you the exact # of times each headnote has been cited
 The link for MOST CITED CASES is at the end of the exploded topic and key number
 You can search for secondary resources, specific states, or all states
 Left yellow box appears the total # of headnotes and on the right is the actual headnotes (this is slow to
load)

11
  Overview- had a known case on point and used the specific headnote from that case with our topc and key
number, we clicked the MOST CITED CASES link. That gave us a list of headnotes from other cases under the
same topic and key number, listed in order by citation frequency.
 Display Order – default order is by number of times headnote w/that topic and key number cited
by other cases
 Advantages – provides some info by which to judge relative importance of cases, easing “equal
light” problem; helps you decide which using your topic and key number are the most important cases;
controlled indexing
 Disadvantages – more recent cases may be important but not yet cited many times; no way to get
simple chronological list of results
 Direct Topic and Key Number Search – must know topic and key number and must put query in proper
format; MUST be done using terms and connectors
 State case identifier is the postal abbreviation of the state
 Display Order – reverse chronological
 Advantages – controlled indexing; simple chronological list of results; can be combined w/other
terms
 Disadvantages – “equal light” problem

Citators –
 After a case is decided, a number of things can happen
o It may be affirmed, reversed, or modified on appeal
o May be overruled, criticized, or changed
o The legislature may enact a statute changing the common law rule
o An admin agency may enact an administrative rule changing the common law rule
 Citators assist in determining whether these things have happened by telling us if a case was appealed, and if so, what
happened on appeal; also provides insight into how the original case has been treated in later case law
 Electronic citators are far superior to print ones
 Lexis –
o Shepard’s – original citator; available in print and electronic formats
 Westlaw –
o KeyCite – available only electronically
 What Citators Can Do –
o History Info –
 Prior History – earlier decisions in the same litigation w/the same parties (e.g., trial court decision)
 Subsequent History – later decisions in the same litigation w/the same parties (e.g., higher court decision
on appeal, lower court decision on remand)
 On appeal, many things can happen to a lower court’s opinion; it may be affirmed, reversed, or modified; it
may also be remanded
o Treatment Cases – any court case that cites to a rule of law found in the original case; treatment in citing cases can
vary widely, including
 Overruled – rule of law in the original case is changed; must be issued by a court of equal or higher level
in the same jurisdiction
 Questioned – citing case questions the validity of the rule of law
 Criticized – citing case disagrees w/some part of the original decision
 Distinguished – citing case is determined to be different either in law or in fact
 Explained – original case (the one you are Shepardizing) is interpreted in a significant way
 Followed – citing case refers to the original case as controlling authority
 Deciding Which Cases to Read –
o Check the history cases that indicate reversed, modified or affirmed to determine whether the appeal affects the
specific holding applying to your situation (court may reverse or modify ONLY ONE holding)
o Check treatment cases for discussing the specific rule in which you are interested (you can use the case headnotes to
select the relevant issues and limit the display)
o Pay attn to depth of treatment or type of treatment indicators
o Limit citing cases by jurisdiction
 Limits of Citators – cannot assume that a point of law is still valid just b/c Shepardizing turns up no negative history or
treatment
o Reversed or Modified on Appeal – citators handle this very well
o Overruled or Criticized – usually covered by citators; however, the overruling court may have several cases to
choose from when overruling and so may not cite to yours (may mention only major cases); can be overcome by
12
 Shepardizing all cases you find (e.g., Shepardizing all cases your original case used as authority and all cases that cite
your case)
o Statute Changing the Rule – citators won’t help in this situation unless a later case notes the change and cites your
original case; must consult statute indexes and other sources; Shepardizing major cases helps
o Administrative Agency Changing the Rule – same as statutes
 Using Citators –
o Lexis (Shepard’s) –
 Case status symbol by case name can be used to get the citator listing; just judgment calls made by the
editors
 Red Stop Sign – one of the holdings in the case is no longer good law
 Orange Q – middle of the road between overruled and simply criticized
 Yellow Caution Sign – indicates some negative treatment
 Negative treatment can be related to any rule of law in the original case
 Summary Section – shows the number of negative and positive cases; history info (prior and subsequent)
follows the summary
 Treatment Cases – Shepard’s goes directly into the list of treatment cases
 Organization of Treatment Cases – organized by jurisdiction; no info on depth of treatment;
treatment indicators (e.g., cited by, followed by, etc) are included
 Customizing Shepard’s Displays – use FOCUS (FOCUS-Restrict By link); can limit display by:
 Headnotes – Lexis headnotes or West headnotes (must have a printed version to be able to see the
West headnotes though)
 Focus Terms – allows you to require specified words or phrases to appear in the citing cases
 Jurisdiction
 Date
 Document Type
 NO Depth of Treatment
 Type of Analysis – treatment indicators
 Provides references to selected secondary sources
o Westlaw (KeyCite) –
 Case status symbol by case name can be used to get the citator listing; just judgment calls made by the
editors
 Red Flags – one of the holdings in the case is no longer good law
 Yellow Flags – indicates some negative treatment
 Negative treatment can be related to any rule of law in the original case
 Full History Screen – shows the Direct History (prior and subsequent history), and Negative Citing
References (treatment cases)
 Citing References Screen – again lists the Negative Citing References (treatment cases), followed by
positive cases (treatment cases); ONLY negative cases are given a treatment indicator on KeyCite
 Organization of Treatment Cases – positive treatment cases are organized by depth of treatment,
indicating how much attn the citing case gives to the original case (signaled by stars, up to 4)
 Direct History (Graphical View) – shows the case history graphically as a flow chart
 Customizing KeyCite Displays – use Limit KeyCite Display button; can limit the display by:
 Headnotes
 Locate – allows you to require specified words or phrases to appear in the citing case
 Jurisdiction
 Date
 Document Type
 Depth of Treatment
 Type of Analysis – negative cases only
 Provides references to selected secondary sources

Publication of Federal Statutes –

 Organizational Chart of the Federal Gov’t –
o U.S. Constitution –
 Legislative Branch
 Statutes
 Executive Branch
 Administrative Law
 Judicial Branch
13
  Cases
 Statutes –
o Characteristics of Legal Publications –
 Chronological Publication vs. Subject Access –
 Chronological Publication
o Cases – reporters
o Statutes – session laws
 Gives you fast access to text of a new law
 Subject Access –
o Cases – digests
o Statutes – codes
 Primary vs. Secondary Sources –
 Statutes are primary sources of law
 Consult statutes first (before cases)
 Start w/secondary sources to lead you to primary sources
 State Law vs. Federal Law –
 Both federal and state statutory laws exist
 Either federal, state, or both may affect your lawsuit
 Official Sources vs. Unofficial Sources –
 Official Cases and Statutes
o Published by the gov’t
 Unofficial Cases and Statutes
o Published by private publishers
 More timely
 References to other sources
 Mandatory vs. Persuasive Authority –
 Federal statutes are mandatory on all state and federal courts (as
long as they don’t conflict w/the Constitution)
 State statutes are mandatory on all state courts
o Can’t conflict w/U.S. Constitution, federal statute, federal
administrative law, or state constitution
 Updating –
 Update statutes b/c they are often amended or superseded
 Update w/:
o Revised volumes of codes
o Pocket parts
o Hardbound and pamphlet supplements
o Looseleaf publications – like a notebook
o Shepard’s and KeyCite – not common
o Statutes online – Lexis and Westlaw
 From Bill to Code Section –
o Bill – originates in the House or Senate, or as a joint resolution
 H.R. #, S. #, H.J. Res. #, S.J. Res. #
o Slip Law – first publication of the statute
 Pre-1957 – no private or public designation, just chapters (e.g., chap. 723)
 Post-1957 – Priv. L. No. and Pub. L. No.
 E.g., Pub. L. No. 96-38 (96 is congressional term or session, 38 is # of law passed in that term)
 Congressional sessions are two years long
o Session Law –
 End of legislative session, all the bills passed are published
 Public Laws – for everybody, most people
 Private Laws – for a small group of individuals
 Laws can be about multiple subjects
 All laws together, regardless of subject, that were passed that session
 Published chronologically
 Statutes at Large – all laws passed by Congress
 Volume and page number like reporters, etc (Vol. ## Stat. Page ##)
 Date of enactment

14
  Bill giving rise to the statute
 Tells you where the given sections of a statute end up in the Code
 West – U.S.C.C. A.N.
 Lexis – U.S.C.S. Advance Service
o Code –
 Not all laws make it to this step
 ONLY the statutes that are general and permanent (expected to last and to apply to most people)
 Organized by subject
 Amendments inserted, repealed portions deleted
 The laws currently in force are in the Code
 Everything in the Code is made up of one or more session laws
 The session laws are taken and put into the Code where they belong, w/different portions of a session law
going to different Titles of the Code as necessary
 The numbering changes from the session laws to the Code
 New edition every 6 years
 50 titles by subject (called Titles)
 Title ## USC § ##
 E.g., 7 USC §1766
 Note, 7 USC §1766b would be a freestanding section, while §1766(b) would be a subdivision of
1766
 Updates w/5 cumulative annual supplements
 Sources Note at the end of the text tells you which session laws make up the Code section
 Lexis – U.S.C.S., annotated and current, updated more frequently
 West – U.S.C.A., annotated and current
 Finding Laws in the Code –
 Index Method – can look up TARP terms in the index to the Code
 Topic Method – looking at spine of the book to find the relevant book, find the outline to find the
relevant section
 Known Authority Method – Popular Name Table tells you where it is in the Code and in the
Statutes at Large when you know the name already (may be more than one name for a law, though)
 Tables – can use the Statutes at Large Parallel Reference Table; tells you where sections of a
session law can be found in the Code and in Statutes at Large; arranged by congressional session, and then law
#; will also tell you if a section has notes or has been eliminated or repealed
o Also available on Westlaw, under United States Code Annotated – Tables
o “Get a Document” on Lexis permits you to view the actual code section
Codes –
 Official v. Unofficial –
o Official Codes
 Published by the gov’t
 Or by private publisher in lieu of the gov’t
o Unofficial Codes
 Published by private publishers
 More timely
 Annotated v. Unannotated –
o Annotated
 Contain annotations
 Annotation – reference to pertinent primary and secondary sources which help one better understand the
meaning and application of a code section
 Unofficial Codes
 Usually preferable to unannotated codes
o Unannotated
 Only print statutory text (few or no annotations)
 Official Codes
 Researching Codes – two typical goals
o Find out where a particular statute is in the session laws to see it in its original form
o More frequently, find statutes on a particular subject in the statutory code

Annotated Codes –
 USCA – West

15
 USCS – Lexis
 Features of Both –
o Text of code sections
o Source note – citations to session laws contained in the code section
o History notes – summarizing amendments
o Cross References – to related code sections
o References to secondary sources – Library References (USCA) or Research guide (USCS)
o Notes and Decisions – references to court cases interpreting and applying the code section; organized by topic
 USCA also has references to West’s key number system for electronic research
 Advantages of Annotated Codes over USC –
o Updated more quickly – USC is several years behind
o Provides references to court decisions
o Provides references to secondary sources
 USCA (West) –
o References topic and key number system
o References more cases than USCS
o Frequently and quickly updates
o Main Volumes and Pocket Parts
o Interim Pamphlets
o Tables – conversion tables, Parallel Reference Tables, Pub.L. to Statutes at Large to USC
o Popular Name Table – will refer you to the bill, the session law in Statutes at Large, and the code section
o Subject Index
o U.S.C.C.A.N. Update Pamphlet
 USCS (Lexis) –
o References other Lexis publications
o More selective publication
o Frequently and quickly updated
o Main Volumes and Pocket Parts
o Cumulative Later Case and Statutory Service
o Advance Pamphlet
o Tables – Popular Name and Parallel Reference Tables
o Subject Index
 3 Steps of Statutory Research Using Annotated Codes –
o Finding relevant code sections – searching via Tables, etc
o Finding the latest code language – updating
o Finding court decisions interpreting and applying the code – using the Notes and Decisions to go to cases
 Searching in Annotated Codes –
o Popular Name – used when you know the popular name of the statute
 Can direct you straight to the code section(s)
 Can direct you to the statute in Statutes at Large
 If you know which section of the public law you want in the code, you can go straight to the Statutes at
Large Parallel Reference Table (cross reference)
o Public Law Number/Statutes at Large – if you know the public law number of Statutes at Large cite, you can use
the Parallel Reference Table to cross reference to the code section
o Known Code Cite – go directly to the code section
o General Topic –
 General topics can be looked up in the titles of the USC, listed in the front of volumes of USCA or USCS
 Outlines of a code title can then direct you to the text of the code section
o Key Concepts and Terms – can be used to search in the Subject Index volumes
 Updating Annotated Codes –
o USCA –
 Begin w/Main Bound Volume –
 Consult code section
 Check references to text of code section, history of code section, cross references to other code
sections, references to secondary sources, references to court cases
 Continue w/Pocket Part or, If None, Supplemental Pamphlet –

16
  If there is no pocket part, the main volume was just released or the pocket part was so large it is
now a separate pamphlet
 References same materials as main volume
 Organized by code sections like the code
 Begins where main volume left off
 No regular cycle of publication
 Check the Interim Supplement –
 Check all volumes
 Contains the same type of info as the main volume
 Note the closing public law number, the last one, from the front cover of the latest Supplement
 Again organized by code section
 Coverage begins where pocket parts left off
 Consult the Most Current Pamphlet of USCCAN –
 Publishes ONLY public laws
 Does NOT organize statutes by code section, but rather organized chronologically
 No cross references, references to secondary sources, or case annotations
 Find Table 3, USC and USCA Sections Amended, Repealed, New, etc.
o Near the back of the volume
o If no reference to your code title and section, you’re done updating
o If there is a reference, note the public law number
o If the public law number is greater than (i.e., later than) the one you noted from the
Interim Supplement, you must read the public law in USCCAN
o If the public law number is lesser than (i.e., earlier than) the one you noted, you’re done
o USCS –
 Begin w/Main Bound Volume –
 Consult code section
 Check references to text of code section, history of code section, cross references to other code
sections, references to secondary sources, references to court cases
 Continue w/Pocket Part or, If None, Supplemental Pamphlet –
 If there is no pocket part, the main volume was just released or the pocket part was so large it is
now a separate pamphlet
 References same materials as main volume
 Organized by code sections like the code
 Begins where main volume left off
 No regular cycle of publication
 Check the Cumulative Later Case and Statutory Service pamphlet (CLCSS) –
 Check the volume that contains the code title you’re updating
 Contains the same type of info as the main volume
 Note the closing public law number, the last one, from the front cover of the latest CLCSS
pamphlet
 Again organized by code section
 Coverage begins where pocket parts left off
 Consult the Latest Volume of USCS Advance Pamphlet –
 Publishes ONLY public laws
 Does NOT organize statutes by code section, but rather organized chronologically
 No cross references, references to secondary sources, or case annotations
 Find Table of Code Sections Added, Amended, Repealed, or Otherwise Affected
o Near the back of the volume
o If no reference to your code title and section, you’re done updating
o If there is a reference, not the public law number
o If the public law number is greater than (i.e., later than) the one you noted from the
CLCSS pamphlet, you must read the public law in USCS Advance
o If the public law number is lesser than (i.e., earlier than) the one you noted, you’re done
 Annotated Codes Online –
o USCA (Westlaw) –
 Popular Name Table – USCA-POP database; search via letter; automatically takes you to tables showing
where the public law sections are found in the USC
 General Topic – in the USCA database, choose Table of Contents, and browse the outlines of the code titles
17
  Key Concepts and Terms – USCA-IDX database; can enter search terms in the subject index, like a normal
search
 Full-Text Search can also be run in the USCA database
 Public Law Number searching also available
o USCS (Lexis) –
 Popular Name Table – under Legal, Federal Legal – U.S., United States Code Service (USCS) Materials,
you can access the USCS Popular Name Table and search for popular names
 General Topic – same page as before, only this time access United States Code Service – Title through 50;
the Edit button then allows you to view the outline in more detail
 Full-Text Search can also be run in this database
 Public-Law Number searching also available
o Updating –
 USCA – every code section has a “current through” section, telling you how updated it is
 A red flag will appear if there is a law amending the section passed after the “current through”
date, or if it has been found unconstitutional
 A yellow flag will appear if there have been bills proposed that would amend the section, or if
there is negative treatment by a case
 USCS – every code section has a “current through” section
 The USCS – Public Laws database contains recent public laws, and a searching for the code title
w/2 of the code section passed after the closing date shown will update the code section
o Cases Interpreting and Applying the Statute
 USCA – notes of decisions and add’l citing cases are available
 USCS – interpretive notes and decisions are available
o Advantages of Online Codes –
 Updated quickly
 Easier to update
 Latest citing cases available
 Direct links to cases
o Disadvantages of Online Codes –
 Full-text searching for relevant sections – code is really written in ordinary English, so sometimes this is a
blessing and sometimes a curse
 Browsing through long code sections
 Can’t easily view the code sections that precede or follow a given code section
 Westlaw does have a “Docs in Sequence” feature that allows you to use arrows to move to
sequential code sections

Citing Codes –
 Cite the Official Name of the Act, Title USC Section, and the Year of the Volume that you got the section out of, NOT the
year that it was enacted
o For the supplement, it’s (Supp. Year)
o If part of the section (a subsection) is in the supplement, you cite (Year of main volume & Supp. Year of
supplement), but if the whole section is reprinted in the supplement, it’s just (Supp. Year)
o E.g., 42 U.S.C. §1983 (2000) or 42 U.S.C. §1983 (2000 + Supp. 2002)
 For any Code section amended more recently than the latest supplement, you can cite to USCA
 For USCA, it’s (West Copyright Year of the Volume), not just the year
o If the whole section is rewritten in the supplement, it’s (West Supp. Year)
o If only part of the section is rewritten in the supplement, it’s (West Year & Supp. Year); this would be when the
supplement refers you in brackets to the main volume for the other subsections
o E.g., 12 U.S.C.A. §1426 (West 2000) or 12 U.S.C.A. §1426 (West 2000 + Supp. 2002)
 Second choice is then USCS
o For this, same as West except it’s (LexisNexis Year), substitute LexisNexis for West
 Ask “What do I have to look at to see the most current code language” to determine whether you cite to the main volume, the
supplement, or both

Bluebook –
 What to underline
o Case names (including any procedural phrase at the beginning: ex parte or in re)
o Titles of books and articles
o Titles of legislative materials (other than bills)
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 o Titles of publications not normally underlined (i.e. law reviews, reporters) when you refer to them in textual
sentences without citing them
o Introductory signals (see e.g.) used in citation sentences or clauses
o Explanatory phrases introducing prior or subsequent history (rev’d)
o Words and phrases introducing related authority (“quoted in”)
o Cross references (id.)
o Foreign words not commonly found in legal writing
o Words italicized in the original of the quotation
o Words you want to emphasize
 Note
o Between the introductory signal and the case name, there is a break in the underlining; otherwise, the underline is
continuous
 What NOT to underline
o Constitutions
o Statutes
o Restatements
o Names of Reporters and Services
o Model Codes
o Rules
o Executive Orders
o Administrative Materials

19