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PUTTING IT ALL TOGETHER Research from Start to Finish

PUTTING IT ALL TOGETHER Research from Start to Finish. “There must be some law on this. Write me a memo.”. You know more than you think you do. Don’t panic!. The Research Process is Recursive. Research Process is Recursive. Get familiar with the problem “Pre-research” governing law

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PUTTING IT ALL TOGETHER Research from Start to Finish

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  1. PUTTING IT ALL TOGETHERResearch from Start to Finish

  2. “There must be some law on this. Write me a memo.”

  3. You know more than you think you do. Don’t panic!

  4. The Research Process is Recursive

  5. Research Process is Recursive • Get familiar with the problem • “Pre-research” • governing law • substantive area • Initial search for authorities - preliminary understanding of legal context • Refine understanding • Focus search for authorities, updating, etc.

  6. A little advice – make friends with your court or firm librarian. • Attend the library orientation. • Ask about in-house databases, newsletters and practitioner materials on your topic. • ASK QUESTIONS!!

  7. Before you begin - Understand the assignment • Get familiar with your problem • Listen and take notes • Read underlying documents • Ask questions • Resources – online or print? Money constraints? • Time Frame?

  8. Before you begin - Plan your research Before you begin – • How much time? • Which resources? • Terms of art? • Search queries?

  9. More advice – Follow good research habits

  10. Get familiar with your problem:Pre-research analysis • What general area of law am I dealing with? Do I know anything about this area? • Does my workplace have a central electronic file of memos, briefs, forms, transactional documents, etc.? • Is an in-house expert willing to talk with me? • Federal law or state law or both? If state law, what state?

  11. Analyze the Facts • Analyze the facts (who, what, when, where, why) • Preliminary Analysis • Inter-relationship between legal theory and facts • Relief client seeks • Procedure • Make an Outline

  12. Initial Search for Authorities • May be unnecessary given results of pre-research • In-house document may explain legal context • In-house expert may help understand legal context • If area is unfamiliar, begin with what you know & what you have easy access to -

  13. Refine understanding of problem • Ask more questions in light of initial research • Factual questions • Type of transaction • “Reality-test” ideas (if you have a sounding board) • Scope out further lines of research, e.g.: • Additional cause of action • Additional legal theory

  14. More Focused Search • Itself a recursive/reflexive process • Use finding tools • Locate authorities • Update authorities • Read authorities • For substantive content • To find additional authorities • Step back to reflect on findings and evaluate results.

  15. Research Pathways Familiar area Unfamiliar area • Appropriate secondary source available • Appropriate secondary source unavailable

  16. Research in a familiar area • May be an area you are familiar with through pre-research • Make sure that you really are familiar • Factual similarity • Procedural/transactional similarity • Begin with known sources in appropriate hierarchy (const., statute & regs, cases) • Update

  17. Unfamiliar area?Start with a Secondary Source • law review articles • encyclopedias • treatises • nutshells • hornbooks • ALR annotations

  18. About Secondary Sources • Treatises ARE good! • Distinguish between: • Secondary sources useful as finding aids/background • Secondary sources you can cite.

  19. Start with secondary source – if you find a statute: • Note effective date • Read text of statute & cross- referenced statutes • Browse surrounding sections & case annotations • Look for references to regulations • Look at TOC for other relevant statutes • Update all sections to make sure you have the section in effect at relevant point in time • Use notes of decision to identify and list cases interpreting relevant statutory language

  20. If you find a statute - continued • Specifically, you’re looking for: • Definitional sections • Sections on construction • Cases interpreting the statutory language • References to regulations • Congressional findings & purpose

  21. Start with secondary source – if no statute • Look for cases • If there is a leading case, read it for further citations • Mine it for topics and key numbers • Double-check with a word search that omits topics/key numbers • Shepardize or KeyCite to expand research • Shepardize or KeyCite to validate (update).

  22. If you start with primary materials - look for a governing statute • Use two independent methods • Index to relevant code (on-line or in print) • Natural language search

  23. Try West Digests for your jurisdiction Descriptive word index search for topic/key number Natural language search Reserve terms & connectors search For more targeted searching once you have familiarity with the language used For special field searching Then follow same process as when you start with a secondary source If you start with primary materials – and no governing statute

  24. Three #@%! hours on Westlaw and nothing to show for it—now what do I do? • Ask if there are other sources you should look at. • Make sure you understand the question. • “10-minute rule”

  25. Before you go online • Get background about your topic and write out your search. • Search in the smallest database possible. • If you’re having trouble formulating a search: • ask a librarian • call Wexis – 1-800-

  26. Effective Online Research • Segment/field search for precision searching • Use Focus (Lexis) & Locate (Westlaw) • Email to yourself • Use the TOC • Book Browse (Lexis) • Next / Previous section (Westlaw)

  27. More Online Tips • Search the smallest appropriate database • Update with Shepard’s / KeyCite to find cases and/or pending legislation

  28. Which approach is best? • Secondary sources give you a coherent picture of the law, but may not be comprehensive. • Keyword searches, digests, annotated codes are more exhaustive, but don’t evaluate the material. • Westlaw & Lexis headnote are more efficient for finding cases by issue than by fact pattern. • Keyword searches online are good for finding cases by fact pattern, but less efficient for finding cases on procedural issues, and not always accurate or complete.

  29. Research process is recursive: • Get familiar with problem • “Pre-research” • governing law, substantive area • Initial search for preliminary understanding of legal context • Refine understanding of problem • More focused search for authorities, updating, etc.

  30. Am I done yet? Did you? • Review your assignment and research plan? • Consider alternative theories or lines of research? • Look in all important places? • secondary sources • use 2 methods to find statutes & check an annotated code • use 2 case finding methods • Update primary materials? • “closure”

  31. DISCUSSION QUESTION You’re scheduled to meet with your boss, Shari Partner, to talk about a new case she wants you to work on. Ms. Partner has told you that the case involves the circumstances under which a successor corporation can be held liable for products of its predecessor in a products liability case. You’re clueless, but you want to make a good impression when you talk with her. Where would you look to get some background about this issue?

  32. 1. Under what circumstances can a successor corporation be held liable for products of its predecessor in a products liability case? When you’re not an expert, start with secondary sources to get an overview of the topic and cites to cases/statutes: • encyclopedias (AmJur [Lexis & Westlaw], CJS [Westlaw]) • ALR annotations [Westlaw & Lexis] • books/articles • Treatises and Nutshells

  33. AmJur encyclopedia provides a “general rule”, a brief overview of the law, and citations to primary authorities.

  34. ALR is available on Lexis and Westlaw and in print in the law library.

  35. ALR provides detailed analysis in selected topics and citations to relevant cases, statutes and regulations.

  36. Search LegalTrac for journal articles

  37. Search the library catalog for nutshells and other treatises.

  38. DISCUSSION QUESTION You’ve been asked to write a memo on the question of whether corporal punishment in public schools violates students’ constitutional rights. You remember reading a Supreme Court case in law school called Ingraham v. Wright that’s right on point. How would you find the Ingraham caseand other cases on the same subject?

  39. 2. Find the cite for INGRAHAM v. WRIGHT. Westlaw: FIND or “field” search Lexis: GET A DOCUMENT or “segment” search Free/inexpensive websites “Table of Cases” in print digest

  40. Free & Low-Cost Legal Research

  41. 2. How do you find more cases that address the same issue as INGRAHAM v. WRIGHT? Use the features of Lexis & Westlaw!!! • Westlaw: Topic/key number search using headnotes from your case • Lexis: “More Like This” “Core Terms” Headnotes (“All” or “More Like This Headnote”) • Use terminology from a case to do key word searching • Look at cases cited in the case • Shepardize or KeyCite the case

  42. Searching by topic / keynumber for more cases.

  43. Searching for more cases on Lexis.- “more like this”

  44. 2. How do you find still more cases that address the same issue as INGRAHAM v. WRIGHT? Use Lexis & Westlaw!!! • Use terminology from a case to do key word searching • Look at cases cited in the case • Shepardize or KeyCite the case

  45. Limiting by jurisdiction

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