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Quick and Dirty Westlaw For Legal Research for Paralegals

Quick and Dirty Westlaw For Legal Research for Paralegals. Introduction. LEXIS and WESTLAW: computer-assisted legal research (CALR) systems. Online access full texts legal materials, current newspapers and periodicals, law-related textbooks and journals, and other materials. .

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Quick and Dirty Westlaw For Legal Research for Paralegals

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  1. Quick and Dirty Westlaw For Legal Research for Paralegals

  2. Introduction • LEXIS and WESTLAW: • computer-assisted legal research (CALR) systems. • Online access • full texts legal materials, • current newspapers and periodicals, • law-related textbooks and journals, and • other materials.

  3. SIGNING ON • 1. Go to the internet: • 2. In the Address line TYPE: www.westlaw.com • 3. Hit ENTER • 4. Enter Password • 5. Client ID (Class)

  4. CUSTOMIZING WESTLAW • Go to TABS • CLICK on “Add/Remove” • “Manage Tabs” • Add 2 Tabs • Paralegal Tab • New York Tab

  5. RESEARCH • FIND BY CITATION • Gets a document (case, statute, secondary source) • TYPE: 367 US 643 • KEYCITE BY CITATION • Is a case or statute good law? • Retrieve more recent cases • 367 US 643

  6. Using FIND BY CITATION to Find Cases • FIND A CASE: Mapp v Ohio, 367 US 643 • In the “Find by Citation” box, type the case citation • TYPE: 367 US 643

  7. YOUR TURN • FIND: “384 us 436” • WHAT IS THE NAME OF THE CASE? • FIND: “34 AD3d 1249” • WHAT IS THE NAME OF THE CASE?

  8. FIND STATUTES • FIND STATUTES: Penal Law § 120.00 • In the “Find by Citation” box, type the statute citation • FORMULA: <state abbreviation> <statute title> <section number> • “ny penal law 120.00"

  9. YOUR TURN • FIND: New York’s Domestic Relations Law § 170 • FIND: New York’s CPLR 3211

  10. IS THIS CASE GOOD LAW? • KeyCite: People v Belton, 68 AD2d 198 • In the “KeyCite this Citation” box, type the site • 68AD2d198

  11. KeyCite Status Flags • RED FLAG • the case is no longer good law for at least one of the points of law it contains. • YELLOW FLAG • the case has some negative history but has not been reversed or overruled. • BLUE H • indicates that the case has some history. • GREEN C • case has citing references but no direct history or negative citing references.

  12. THE STAR TREATMENT: Depth of Treatment Stars • **** EXAMINED • The citing document contains an extended discussion of the cited case or administrative decision, usually more than a printed page of text. • *** DISCUSSED • The citing document contains a substantial discussion of the cited case or administrative decision, usually more than a paragraph but less than a printed page.

  13. ** CITED • The citing document contains some discussion of the cited case or administrative decision, usually less than a paragraph. • * MENTIONED • The citing document contains a brief reference to the cited case or administrative decision, usually in a string citation.

  14. YOUR TURN • People v Payton, 55 AD2d 859 • People v Martinez, 80 NY2d 444

  15. SEARCH FOR CASES • Is notice and due process required in a forfeiture proceeding? • Define the search terms • Select connectors • Enter search

  16. SEARCH TERMS • Notice • Due process • Required • Forfeiture • proceeding

  17. SELECT CONNECTORS • In order to add them, you need to know what they are.

  18. PRIMERS ON CONNECTORS • AND • & • Both search terms: narcotic & warrant • OR • A space • Either search term or all terms: car automobile vehicle

  19. Grammatical Connections • /p • Search terms in the same paragraph: • hearsay /p utterance • /s • Search terms in the same sentence: • design /s defect

  20. Grammatical Connectors • +s • The first term preceding the second within the same sentence: • long +s island • +p • The first term preceding the second within the same paragraph: • telephone +p cell

  21. Numerical connectors • /n • Search terms within n terms of each other (where n is a number from 1-255): • personal /3 jurisdiction • +n • The first search term preceding the second by n terms (where n is a number from 1-255): • queens +2 county

  22. MORE • Phrase • “…” • The first search term preceding the second by n terms (where n is a number from 1-255): • queens +2 county

  23. Wildcards • ! • Root Expander • To retrieve words with variant endings, use the root expander (!). • When you place an exclamation point (!) at the end of a root term, you retrieve all possible endings of that root. • For example, obey! retrieves obey, obeys, obeyed and obeying.

  24. Wildcard • * • Universal Character • The universal character (*) represents one character. • You can place the universal character within or at the end of a term. • When you place the universal character within a term, it requires that a character appear in that position. • For example, fea*t retrieves feast but not feat.

  25. [Back to example] • notice /s “due process” /s require! /s forfeiture /s proceeding

  26. ENTER SEARCH • LET’S DO A FEDERAL SEARCH • Go to WestLaw Tab • View WestLaw Directory • Cases • All Federal Cases • ENTER: notice /s “due process” /s require! /s forfeiture /s proceeding • Dusenbery v United States, 534 US 161 (2002)

  27. Dusenbery v United States, 534 US 161 (2002) • Yellow flag • Go To KeyCite

  28. DATABASES

  29. DO YOUR ASSIGNMENTS

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