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Introduction to Lexis

Introduction to Lexis. Cases & Shepard’s Instructors: Femi Cadmus, Christine Ciambella, Deborah Keene Fall 2006. Terms & Connectors Search. Choose key words from the issue. Select synonyms or alternate terms for key words. Link search words with appropriate connectors.

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Introduction to Lexis

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  1. Introduction to Lexis Cases & Shepard’s Instructors: Femi Cadmus, Christine Ciambella, Deborah Keene Fall 2006

  2. Terms & Connectors Search • Choose key words from the issue. • Select synonyms or alternate terms for key words. • Link search words with appropriate connectors.

  3. Choose Search Terms • Choose key words from the issue – seller, developer, duty to disclose, toxic waste, residential property • Select synonyms for key words -seller – developer – realtor – broker – real estate agent toxic – hazardous

  4. Search Terms - Rules • Use Truncation! (Exclamation point) Replaces an infinite number of letters that follow the root word disclos! = disclosure, disclose, disclosed, disclosing • Singulars, Plurals, Possessives Lexis automatically retrieves the singular, plural and possessive form of words that form their plurals by adding sor es e.g. seller = sellers = seller’s = sellers’party = parties = party’s = parties’ Does not automatically pick up nouns with irregular plural endings e.g. child will not pick up children - use child!

  5. Link Search Words with Connectors or Requires at least one term appear in document developeror realtor or broker or seller and Requires both terms appear in document toxic and property /n Requires that terms appear within a certain number of words of each other (from 1-255)duty /3 disclos!toxic /5 waste

  6. Google vs. Lexis Search • Google – No Connectorsseller duty to disclose toxic waste new jersey • Lexis – MUST USE CONNECTORSdeveloper or realtor or broker or seller /10 duty /3 disclos! and toxic or hazard! /5 waste

  7. Use Shepard’s (Lexis) orKeyCite (Westlaw) to Determine that a case is still good law and therefore can be used as the basis of your legal argument. Careful practitioners know that failure to consult a citator can be considered legal malpractice.

  8. When to Use Citators • Update cases as soon as you find them. This will keep you from wasting time with authorities that are no longer “good law.” • Updating can also lead to other authorities that will help you build your legal argument, e.g. related cases, statutes, regulations, and secondary sources.

  9. Case Citators • Give parallel citese.g.Nobrega v. Edison Glen Assoc.,  167 N.J. 520, 772 A.2d 368 • Give the history of a cited case • Determine how the case has been used and perceived -- treatment • List cites to secondary and other sources

  10. Case History • A case can be • Affirmed by a higher court • Reversed by a higher court • Modified by a higher court (can be affirmed in part and reversed in part) • Vacated by a higher court (Opinion rendered void) • Superseded by statute

  11. Case Treatment • Negative • Overruled at a later date • Criticized • Distinguished • Limited • Questioned • Dissenting • Explained • Positive • Followed or cited favorably by other courts

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