Transcript PresentationAJW2009

Preparing for the Session
Follow these steps:
 Launch Internet Explorer
 Go to: http://lawschool.westlaw.com
 Open New Window, go to:
http://www.lexisnexis.com/lawschool
Have your Lexis ID & Westlaw Password ready.
Choosing the Right Source
 Westlaw and Lexis – each has 1000’s of
multiple sources to search – just like a library.
Choosing the Right Source
 Search for cases, statutes, regulations, or…
 Search treatises, practice guides, law review
articles, & other secondary sources.
 How can you find the right place to start
searching?
Choosing the Right Source
 On Westlaw, use the “Directory” link.
 On Lexis, use the “Find a Source”
tab.

Search for a title that you already know.


EX: Michigan Law Review
Search to discover items about a particular topic.

EX: Enter “premises liability” on the Westlaw Directory
page.
Westlaw
Lexis
Lexis
Choosing the Right Source
 Found a promising source?



In Westlaw, click on the
In Lexis, click on the
This button tells you:



What the source covers;
Date range of the source;
Search tips for that source.
Info Button on Westlaw
Tips Available
Choosing the Right Source
 Use the smallest source
that will give you the results that you
need.

Choose a source that covers only the jurisdiction
that you need.

EX: Search California case database when you know
you need a Cal. case: don’t search a source that
covers case law from all 50 states.
Choosing the Right Source

Choose a source that covers only your
specific topic.


EX: Search database that covers only federal
antitrust cases instead of all federal cases on
every topic.
Consider using a secondary source:

When you’re not sure where to start;

When you’re researching a topic new to you.
The Client’s Problem —
You represent a small business with 200
employees. The head of human resources has
been informed that one of the employees is
addicted to “crank” (also known as speed or
methamphetamine).
She has come to you to find out if her company
needs to provide any special accommodation for
this employee under federal law.
must a drug manufacturer warn consumers of risks or side effects?
(Terms)
must a drug manufacturer warn consumers of risks or side effects?
drug
manufacturer
warn
consumer
risk
“side effect”
(Alternatives)
must a drug manufacturer warn consumers of risks or side effects?
drug
pharmaceutical
manufacturer
warn
disclose
consumer
risk
“side effect”
Root Expander (!) & Universal Character (*)
discrim!
discriminate, discrimination...
test!
test, tests, testing, tester, tested
(but also: testify, testimony, testament…)
super*ede
supercede or supersede
bank***
bank, banks, banker, banking
(but not bankrupt…)
test***
test, tests, testing, tester, tested
(and testify)
(but not testified, testamentary…)
Dangers of Truncating Too Soon!
 Neg!
 Retrieves…..negligence & negligent.
 BUT will also retrieve…..….negate, negation,
negative, negativism, negativity, negator,
negatory, neglect, neglectful, negligible,
negligee, negotiable, negotiate, negotiation,
negotiator, negotiatory, negus
Instead…
 Use neglig!
(Root expander)
must a drug manufacturer warn consumers of risks or side effects?
drug
pharmaceutical
manufact!
manufacturer
warn!
warn
disclos!
disclose
consumer
risk
“side effect”
Connectors (for Context)
OR
AND & other restrictors
Expands / Broadens
Limits / Restricts
Variants of AND:
w/p
w/s
w/#
=
same paragraph
=
same sentence
= within specified number
of words
e.g., jury w/5 tamper!
How OR expands
How AND restricts
Does a lawyer who fails to do research commit malpractice?
— Lexis search in California Cases —
7155
94,524!
76,131
Lawyer
or
Attorney
or
Legal
42
2131
and
w/p
Malpractice
and
w/p
Research
264
Phrases versus Connectors
Put phrases in quotes —
“Proximate
Cause”
Proximate Cause
Don’t overuse phrase searching —
“child custody” won’t find
“...custody of the child…”
(Connectors)
must a drug manufacturer warn consumers of risks or side effects?
manufact!
manufacturer
drug
pharmaceutical
warn!
warn
disclos!
disclose
consumer
risk
“side effect”
drug or pharmaceutical w/p manufact! w/p warn! or disclos! w/p
consumer w/p risk or “side effect”
Switch to Lexis!
www.lexisnexis.com/lawschool
How can I tell when I’m finished?
Are you…
• Seeing the same documents over & over?
• Using different search techniques?
• Using different publishers’ tools?
• Checking both primary & secondary
sources?
• Using both Shepards & KeyCite?
Just Ask!
 When using an
unfamiliar electronic
resource, don’t get lost!
 Ask one of your friendly
USF librarians for help,
OR….
 If you’re doing your research
in the dead of night….
 Call the Lexis or Westlaw
reference attorney hotlines –
they’re available 24/7, 365
days a year.
 Lexis: 1-800-45-LEXIS
 Westlaw: 1-800-REF-ATTY
END OF PRESENTATION
 END
Fields /
Segments
Each part of a
document can be
separately searched
Fields/Segments vary
depending on type of
document
Field searching
narrows search
results!
Order of Processing:
or
frisk!
w/#
or
w/s
w/p
search!
and
w/3
seiz!
w/3
seiz!)
versus
frisk!
or
(search!