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203 Cards in this Set
- Front
- Back
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What is the difference between primary and secondary authority?
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Primary authority is the law; secondary authority about the law.
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Who writes ALR annotations?
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The editors of ALR (they are all lawyers).
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What is the difference between an Official and an Unofficial Reporter?
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Official Reporter is sanctioned by the state and either published by the state
or under contract with the state. Unofficial reporter any other reporter. |
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What are topic and key number?
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Basic component of West’s case law indexing system. Two Components, The topic and the a key number. This gives a unique designation to a specific legal point.
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What are head notes?
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Brief summary of one legal issue in a case that precede the opinion.
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What is direct history?
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History of YOUR case. Whether overruled etc.
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Name three secondary sources?
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Treatises, periodicals, CLE materials, looseleafs, restatements, encyclopedias.
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If you wanted to find periodicals written in the 1950's what paper source would you use?
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Index to legal periodicals
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Name three ways to access library materials using the online catalog?
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Author, title, subject search, key word search
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What is the publication pattern for statutes?
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Slip Law…session law…subject codification
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Primary or secondary cite?
531 F.2d 196 (4th Cir. 1976)) |
Primary
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Primary or secondary cite?
73 Yale L. J. 733 (1964) |
Secondary
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Primary or secondary cite?
42 U.S.C. § 1983 (2000) |
Primary
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Primary or secondary cite?
Vt. Stat. Ann. ***. 12, § 892 (2002 & Supp 2003) |
Primary
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Primary or secondary cite?
Federal Practice and Procedure § 1006 (2d ed. 1987) |
Secondary
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True or False Under the Library of Congress classification scheme American law is classed as “KF”
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True
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List 4 different types of treatise.
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Scholarly, practical, multi—volume, single volume.
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Increase breadth with synonyms motel..hotel..inn; increase depth by varying levels of abstraction. Robbery…theft…crime
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Increase breadth with synonyms motel..hotel..inn;
Increase depth by varying levels of abstraction. Robbery…theft…crime |
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If you do not have a lot of experience in a given area of the law what is the best way to find the appropriate section of a treatise that answers your question?
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Go to online catalog and do either a subject or keyword search.
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According to Legal Education and Professional Development-An Educational Continuum a practicing lawyer must have ‘knowledge of an ability to use the most fundamental tools of legal research.” These fundamental tools are divided into three broad categories; please list them.
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Primary legal texts, secondary legal materials, sources of ethical obligations of lawyers
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Based on your readings and the PowerPoint what are some variables that help you to decide whether to use a particular treatise or text?
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(1) Coverage and level of detail, (2) author’s reputation, (3) currency, (4)accuracy, (5) organization, (6) reputation of treatise, (7) reputation of publisher.
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List two common methods of updating treatise.
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Hardbound treatise (West) pocket part
Looseleaf type treatise (Matthew Bender) inter-filing |
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List three methods of locating a relevant treatise.
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Online catalog subject search or key word search
Lexis or Westlaw treatise search using Boolean search terms |
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True/False. Westlaw and Lexis include all legal periodical articles in their database systems.
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False
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What is the primary distinction between LegalTrac and the Index to Legal Periodicals?
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LegalTac began in 1980 & Indexes Legal periodicals goes back to 1908
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What is LegalTrac called in both the Westlaw and Lexis database systems?
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Lexis-file is Legal Resources Index
Westlaw- database is call Legal Resources Index (LRI) |
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How is Hein Online distinct from LegalTrac and the Index to Legal Periodicals?
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HeinOnline is full text (in pdf format?)
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You are a new associate in a small general practice law firm. One of the senior partners, while passing you in the hall, states that a new client is stopping by in a few minutes and wants to know if the local public library can restrict public computer use to machines with filtering software. He suggests you look AmJur.
Will you begin with AmJur? If so, why? If not, why not? |
NO. Am. Jur. Good for background but not for a rapidly changing areas of the the law
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You have a robust criminal law practice. You have seen references to a treatise on Criminal Procedure by LaFave, Israel and King. What information is important in deciding whether or not you will purchase this set for your library?
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Reputation of the publisher, Reputation of the author, Reputation of the treatise, accuracy, currency, coverage and level of detail, organization.
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List two methods of locating a treatise containing a discussion of ground water?
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Online catalog subject search or key word search
Lexis or Westlaw treatise search using Boolean search terms |
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What is the difference between a bar journal and other periodicals?
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Bar journal is for the practicing lawyer and contains practical how to do it information.
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Where can you find the full text of legal periodical articles online?
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LEXIS & WESTLAW and Hein Online
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What is the primary distinction between LegalTrac and the Index to Legal Periodicals?
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LegalTrac indexes newpapers
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How is HeinOnline distinct from LegalTrac and the Index to Legal Periodicals?
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HeinOnline is full text while LegalTrac and ILP are indexes.
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T/F - The two national encyclopedias often refer you to state statutes?
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False.
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T/F - The hard copy version of Index to Legal periodicals covers articles published before 1980.
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True.
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T/F - Westlaw and Lexis include all legal periodicals articles in their database systems?
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False
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What is the difference between official and unofficial reporters?
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Official Reporter is sanctioned by the state and either published by the state or under contract with the state. Unofficial reporter any other reporter.
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What are head notes? Who writes head notes?
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Brief summary of one legal issue in a case that precede the opinion. Written by west editors.
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What are the differences between a digest and a reporter?
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Digest is a finding tool to the reporters - a secondary source.
The reporter is the actual case itself - a primary source |
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What are the three research strategies for finding a case using a West digest in print?
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One good case method - Table of Cases
Descriptive Word Index Topical Outline |
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What is a closing table?
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Indicates coverage of the digest in hand. If 312 F. Supp were listed in the closing table that indicates that all cases through 312 F. Supp are indexed in that pamphlet.
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A new series of a digest is cumulative (i.e., if you have the Missouri Digest 2nd Series there is no need to search the old first series).
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False.
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What are the four steps in updating a West digest in paper?
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Pocket parts, Interim Pamphlets, Closing Tables, Advance Sheets
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Define: Slip Laws
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Legislative enactment published in pamphlet or single sheet form
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Session Laws
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Laws enacted by a legislature that are published in bound volumes.
Happens at the adjournment of each regular or special session. |
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Revised Code
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A compilation of statutes arranged by subject with temporary or repealed acts deleted.
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Annotated Code
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Compilation of statutes arranged by subject with editorial enhancements provided by the publisher.
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What is the publication cycle of statutory material?
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Slip Law; Session Laws; Code
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How would locate a relevant statutes given a specific fact situation?
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Paper format: Go to index, or if you know the subject, well go to the appropriate subject title and look at the Table of Contents before the title.
Online: Do a Boolean search under appropriate jurisdiction in either Westlaw or Lexis. |
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How are state codes are organized and up-dated?
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Arranged by subject and updated by pocket-parts & interim pamphlets.
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How is statutory material cited?
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Title number name of code then section number
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What are Editorial Enhancements?
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References to additional material beyond the statute itself to assist in the research process.
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Give two examples of editorial enhancements.
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Library References, Notes of Decisions, Historical Notes, Law Review Articles
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What is codification?
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Subject arrangement of statutes in a given jurisdiction
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Restatements are codified ______?
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Common law
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How are ALRs useful in legal research?
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Provide a good starting point when looking into an unfamiliar area of law. They provide an overview, with a lot of references to many primary materials
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Of all the secondary sources that we have studied this semester (encyclopedias, treatises, periodical articles, ALRs, Restatements) which one is the most persuasive to a court?
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Restatements
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What access points are available for ALRs?
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(1) Quick Index; (2)Full index (multi-volume) …within each annotation;(3) Table of contents; (4) table of statutes; (5) table of cases
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How do you update an ALR 3rd – 6th and Federal?
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Pocket part
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How do you update a Restatement?
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Pocket parts
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What is a Root Expander and how is it used?
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! at end of the word…represents any number of letters
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What is the Universal Character and how is it used?
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* represents one letter, usually with plurals
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Lexis divides documents into sections called ___________
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Segments
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Westlaw divides documents into sections called ____________
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Fields
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Give two examples of segments/fields
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Date, judge, attorney, court,
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T/F - Congress meets in two-year periods, each known as a session.
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True
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T/F - Bills not passed before Congress adjourns must be reintroduced to be considered again for passage.
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True
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T/F - The legislative process in the states largely parallels that of the legislative process of the federal government.
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True
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The session laws of the United States are chronologically organized in the:
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Statutes at large
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The session laws of the United States are topically organized in the:
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United States Code
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The official source of the laws of the United States is published by:
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Government Printing office
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SHORT ANSWER - If there is a conflict between the wording in the United States Statutes at Large and the United States Code, the United States Code will govern. Why?
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Confusing question:
If there is a conflict between the statutes at large and the USC, statutes at large govern. However, if a title is reenacted in total by congress then the USC governs. Look for a * at the beginning of the title to see if it has be reenacted in total by congress. --- In using USC it is important to determine if the Title being consulted has been enacted into positive law. Those titles not yet so enacted are prima facie evidence of the law. Should there be a conflict between the wording in the USC and the U.S. Statutes at Large, the latter will govern. Those titles of USC that have been enacted into positive law to date are marked by an * on the title page. |
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Briefly describe some of the differences between USCCAN, CIS, Thomas and GPO Access.
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USCCAN is the only full text of conference report and one of the other reports. References to Cong Rec debate by date only
CIS complete work-up including references to reports, Cong. Rec. debate, hearings committee prints and committee documents, Weekly Compilation of Presidential documents and related bills. Mentions activities in prior congresses. Links to full text of more current materials. Thomas History of bills grid with references to reports and debates full text of more recent reports and references to full text of Cong. Rec. debate. GPO access links to Thomas and Weekly Comp. |
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T/F - The SUDOC is a system arranging materials by the agency that issues them.
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True
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T/F - If you are asked to find H.R. 203, you are looking for a House Bill.
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True
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If you are asked to look for H.Rept. 99-1, you are looking for a House Report.
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True
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Maybe 80% of the time, what most attorneys deal with in respect to a legislative history are Committee reports.
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True
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In Schuettenberg v. Board of Police Comm’rs of the City of St. Louis, the plaintiff claimed a right to a pre-termination hearing because a statute required cause for termination for “any policeman or officer of police, or other person under them.” The court applied the ******* ******* rule and found “persons under them” did not include civilians, that the plaintiff was an at-will employee, and therefore had to right to a hearing. Which rule did the court apply?
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Ejusdem generis
Definition: Latin for "of the same kind," used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed. Example: if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, "vehicles" would not include airplanes, since the list was of land-based transportation. |
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Briefly describe the difference between a bill, hearing, and a report.
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Bill is legislation that is introduced.
Hearing testimony given by Interested parties in support of or against the bill. A Report is a committee’s recommendation on bill’s passage to the legislative body. |
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Which is the most significant document when compiling a legislative history?
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Conference Committee Report. Because generally that last official comment from a committee before going to the floor for a vote.
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If you are looking for the administrative rules or regulations where would you look?
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CFR - Code of federal regulations
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The text of an administrative rule or regulation can be located in at least five locations. Name three.
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CFR, Agency web site, GPO Access, Westlaw-CFR, LEXIS-CFR
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Name two ways to access an administrative rule or regulation.
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Index, Table of Contents.
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In the context of a federal regulation what does the term authority mean?
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Authority means Statutory authority; that is USC or public law cite.
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In the context of a federal regulation what is meant by the term source?
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Source means the place in the Federal Register where the final regulation first appeared.
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If you are looking for recently promulgated administrative rules or regulations covering the size of the eyes in Emmenthaler, where would you look?
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Recently promulgated means Federal Register
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Federal Register Contains much more information than the CFR?
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True.
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T/F - The CFR contains only the text of the final regulation.
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True.
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T/F - Federal Register contains the “legislative history” of the regulation.
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True. In the form of section by section analysis
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What is a SUDOC number?
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It is a system of arranging materials by the agency that issues them.
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How does one locate compiled legislative history?
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Hein online for compiled legislative histories, Arnold and Porter legislative history database in westlaw, and CIS in Lexis
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What is the most significant document in compiling a legislative history?
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Committee report
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What is meant by the term source in a CFR?
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The source is where the original federal register where the final regulation published.
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T/F - The federal register contains the legislative history of the regulation.
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True. In the form of section by section analysis.
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What does the federal register contain that the CFR doesn't?
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The federal register contains a section by section analysis, while the CFR only contains the text of the final regulation.
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What are the two sources you need to know for administrative law?
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CFR and Federal Register.
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What is the federal register?
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Daily newspaper put out by the federal government.
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Is there and annotated CFR?
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No.
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Why is the source important when looking at an administrative rule in the CFR?
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The CFR contains only the final text. The source is the federal register where it was initially published, and contains the legislative history in the form of section by section analysis.
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Why should you use GPO access to update administrative rules?
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GPO access is the most up to date.
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Why are online form book better than print form books?
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You can cut and paste.
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What is the general rule about form books?
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The more specific, the more helpful it is.
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Name four online sources where you can find the federal register? Which have it in PDF format? How far does GPO access go back?
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PDF:
GPO access (1994) Hein Online (1936-1986) (2006- Non PDF Lexis Weslaw |
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How does CFR arrange titles?
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By the agency that issues them. This roughly arranges them by subject.
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How are CRF titles divided?
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Titles are divided into chapters, which are divided into parts, which are divided into sections.
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How often is CFR updated, and how? Why is it important how it is updated?
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CFR is updated annually, in a quarterly print publication cycle. It is important to know this for updating.
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What does authority mean in the CFR or federal register?
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legislation (USC or statutes at large) which authorize the regulation.
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In the CFR where do you find the authority and source?
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At the end of the part's table of contents.
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How often is the CFR updated on GPO access?
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Once a year. It is equivalent to the print version.
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How do you update a CFR in print?
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1) Find the date of the volume you have in hand.
2) Look up the title and section in the most current list of sections effected. 3) Look up your title and part in the list of parts effected. |
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Where can you find the list of parts effected when updating a CFR? Which month do you look at?
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You can find it online on GPO access.
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On a CFR page, where do you find the date of the volume you have in hand? What is on the top left corner?
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Top right corner (1-1-07) edition. Top left corner is the section.
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When looking at the list of sections effected, what does a site like "07-58473" mean?
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The final rule amending the section you are looking at can be found in the 2007 federal register on page 59473.
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Does the list of sections effected tell you if there are any proposed changes to the rule? Where you you find them? How is this different than just looking at the list of sections effected site?
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The list of sections effected site tells you only where the final rule can be found. If you scroll to the end of each title you will find proposed changes to each rule.
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How do the list of parts effected and list of sections effected differ?
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The CFR is divided into Titles, Chapters, Sections, and Parts.
List of sections effected is more specific (205.352), list or parts effected only tells you if there has been an update in that part (205). You have to look at a federal register to tell you what section of that part has been effected. |
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What does a list of parts represent chronologically? What does the list of sections effected represent chronologically?
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List of part effected lists all parts effected since the last monthly list of sections effected. List sections effected lists the changes since the last CFR update.
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Why is eCFR good? Why is it bad?
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Good: Additions and amendments to the CFR are integrated into the text daily and it is free.
Bad: It is not an authoritative legal edition of the CFR. |
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If you use the eCFR do you still need to look in list of parts effected to see if there have been any changes since the most recent eCFR date? Why?
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Yes. The eCFR, though updated daily, is sometimes a few days behind.
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How can you navigate the eCFR?
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Browse or word search.
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Can you use lexis and westlaw to search the CFR? What is the downside?
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Yes. The downside it the online version from these providers is not an authoritative legal edition like a hard copy or a PDF. And it costs money as opposed to eCFR which is free.
However, you can use keycite to citate the regulations. |
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When using a non-pdf online source, how do you update the CFR?
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You have to look to see when your edition is current through. You may need to look at:
List of current parts effected. List of parts effected today. List of last months parts effected. |
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Do you need to use a citator when updating after updating the LSA and LPA? Why?
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Yes. To make sure no courts ruling have effected the regulation. Citate both the enabling legislation and the regulation.
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What are the access points to the CFR?
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Index volume.
Outlines at the beginning of titles and sections. Westlaw's regulation plus index. Full text search online on West, Lexis, or GPO access. |
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Regulations.gov is useful for?
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To find comments submitted and other legislative history type materials.
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What are the advantages to loose leaf services?
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One Stop-Shopping
Current Primary Source Material Detailed explanations. Provides coverage of proposed legislation, pending legislation, and other current developments in the area covered. |
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What are the disadvantages to loose leaf services?
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It will take some time to master the indexes.
The methods of access and organization vary according to the nature of the primary sources, the characteristics of the field, and editorial approach. |
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What are the 7 elements of a loose leaf?
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How to use this reporter
Table of Contents Indexes Page Citator Filing Transfer Binders |
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How should you start when using a loose leaf? What section should you start in?
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The basic organization of a loose-leaf service can be grasped by reading instructions. These instructions are most often in the first volume in the service and first time users will find these instructions to be most informative.
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What is the numbering system in in a looseleaf?
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Page numbers and paragraph numbers.
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What are the access points for loose leaf services?
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Subject Index
Table of Cases Table of Statutes Table of Regulations Indexes to current materials and cumulative indexes Special indexes to particular topics or volumes Table of Contents |
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Time and loose leaf services?
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Subject indexes can be divided temporally: in other words there is one index which covers the current year as well as a second topical index covering previous years.
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Can loose leaf services act as a citator? If so, how?
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Yes. Legislative, judical and administrative action affecting covered statutes and regulations are annotated.
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How are loose leaf services updated? How often?
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Filing.
Filings are received on a regular basis (weekly, monthly, yearly) and often consist of two parts. One part acts as an alert or review of the contents of the filing. The second part consists of new pages to be inserted into the volume together with a set of instructions. These filing instructions will indicate the last date on which new pages were filed in the service. |
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What are 2 ways to find a loose leaf service?
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Library Catalog
Legal Loose-leafs in |
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Can loose leaf services be accessed online? What advantage does this provide? Where
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Yes.
Can word search. Can find on lexis, westlaw, and the WULAW library subscriptions. |
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What types of authority are loose-leafs?
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Secondary.
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What is a form book? What are 2 things in it?
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A form book has two functions:
1) Books that provide sample forms for writing a will, a trust, a complaint, etc. 2) They walk a legal professional through a specific transaction. |
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Two types jurisdictional?
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National
State |
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Two types functional?
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Transactional/Substantive. Can be either general or specific.
Practice/Procedural. Can be general or court specific. |
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How do you find a form in a form book?
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Using the topic/table of contents if you know the general subject area where the form is likely to appear.
Index - Check key words in the general index. |
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How do you use a form book? What does it contain?
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1) Read the overview of the section, checklists, and authors suggestions.
2) Make any changes you need to. 3) Update. |
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How do you update a form book?
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By checking the pocket parts or library catalog for a more recent version.
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Who are the primary sponsors for state and national CLE materials?
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State: State bar associations and lawschools
National: ALI |
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What are 2 ways to access CLE's?
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Table of contents. Index.
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Why would you look at legislative history?
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For statutory interpretation.
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Are session laws and statutes at large the same thing?
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Yes.
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A statue begins as a _____?
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Bill.
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How is USCCAN arranged?
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Congress and Session
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What is a conference committee report? Where is it printed/published?
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Issued when two houses cannot agree on some provisions.
Published as part of House Report Series Printed in Congressional Record |
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What are the components of a committee report?
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Text
Overview Section by section analysis - this part which often explains why certain language was used is most important component |
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Where can you find full text sources for committee reports in print?
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Serial set, and CIS on microfiche
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Where can you find full text of committee reports online?
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Thomas - 101st congress through the present (1989-)
GPO ACCESS: 103rd Congress through the present (1993 - ) Committee web site go through Thomas |
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What do you need to do legislative history research? Where you get this information?
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You need:
Congress and Bill Number Statutes at Large Number Public Law Number (if enacted) You would find these: Online Search? Via lexis (USCS) or westlaw (USCA) You could use the popular name table. One is free at the at the U.S. House web site and in official print (USC). |
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If you have the information you need Congress and Bill Number, Statutes at Large Number and the Public Law Number (if enacted) of a statute you are trying to find the legislative history on you can find partial legislative history on Westlaw. What database?
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USCCAN-Rep
United States Code Congressional and Administrative news. This will give you the conference committee report and at leas one other report. |
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Can you find a compiled legislative history on westlaw? What database?
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Yes. Arnold and porter
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What factors should you consider when choosing an online service?
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(1) Cost
(2) Scope of Coverage of the Service - Jurisdiction - Time period covered - Any secondary sources included? (3) Coverage of the databases. (how often are the databases updated AND how far back in time do they go?) (4) Any Editorial Enhancements? - Are primary sources edited for accuracy? - Do cases have headnotes, editorial summaries? - Do statutes have annotations (history, cross references, secondary sources, notes of decisions, etc.)? (5) Are West and/or official pagination included (i.e., “star pagination”) (6) Does the Service Have a Citator? How does it work? Is it reliable? (7) Is there Technical Support Available? (8) Ease of Use - User friendly interface - Boolean Searching - Natural Language - Tables of Contents - Indexes. |
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What is unique about lois law?
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Containt aspen treatise and CLE materials for some states.
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How do you search within a search on westlaw and lexis?
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Locate in westlaw, focus in lexis.
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What factors should you look for when evaluating an online source (web page, etc.)
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1) Coverage
What is the coverage of the website? Is it comprehensive? Does it cover the appropriate geographical area, Jurisdiction. 2) Authority Who is the corporate author or the organization? 3) Currency Is the information current? Information that was reliable when it was first posted to the web can become unreliable if it is not updated. 4) Accuracy Is the information accurate? Is the information complete? Bias 5) Is the website biased? Is it objective? |
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Where do you go first if you know you need to look at a statute to answer a legal question?
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An annotated code
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What is this cite and what does it mean?
110 Stat. 3310 |
A cite for statute at large.
It means the volume number is 110, and the page number is 3310. |
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What is the following cite?
Pub. L. No. 104-272 |
A public law number
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What is the following cite?
15 U.S.C.S. § 6301 |
United States Code service cite. Title 15, section 6301
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What does the following cite mean?
15 U.S.C. §6301 et seq. |
Title 15 of the USC, section 6301, and all of the that follow it in the same chapter.
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How to do you update statutory research?
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Pocket Part,
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How often is the USC updated? How do you update the print volume?
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Updated only once a year. You can go to the US House of Representatives Web site to update.
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What are free online sources for the USC? What are the problems with the free services?
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1) GPO Access (US House of Representatives)
2) Findlaw 3) Cornell Law School - Updating - Searching - Absence of Case Annotations and other editorial enhancements |
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How do you update free online versions of the USC?
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1) Find the date stamp on the free version.
2) Look at multiple tables at House site to determine possible changes 3) Review all Public Laws that change language (Thomas (Library of Congress web site is a good free source see next slide) 4) Then update using Keycite or Sheperd's, which will give pending legislation which may effect the statute and case law interpreting the law. |
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What are commercial online sources for the USC?
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USCA on westlaw
USCS on Lesis |
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What is the difference between statutes at large and the USC?
What is the difference between the federal register and the CFR? |
Statutes at large is a chronological arrangement of the code. USC is a subject arrangement.
Federal register is the chronological arrangement of the code with section by section analysis. CFR is the subject matter arangement. |
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What is the regulations plus index on westlaw?
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The regulations plus index is an annotated version of the CFR.
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Why are prior versions of administrative rules helpful to know?
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If someone comes to you with a violation that happened three years ago, you need to know what the law was when the violation took place.
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When there are a list of sources in the CFR which one should you look at first?
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You should start with the most current, and work your way backwards.
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What is cumulative on GPO access?
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List of sections effected. Always click the most recent month. Then look at list of parts effected to get the information since then.
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What are you looking for if you are asked to find H.R. 203?
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A house bill.
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What are you looking for if you are asked to look for H.Rept. 99-1? What does this mean?
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You are looking for a house report from the 99th congress, report number 1.
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If you wanted a complete legislative history, what are two places you could go?
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CIS and hein online
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Briefly describe the difference between a bill, a hearing and a report.
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A bill is legislation that is introduced;
A hearing is testimony given by interest parties in support of or against a bill. A report is a committee's recommendation on a bill's passage to the legislative body. |
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How do you update treatise and ALR's?
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Pocket part.
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Why would you use a restatement?
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For research into common-law subjects and to locate mandatory and persiasive authority for jurisdictions that have adopted the restatement.
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Whats included, and excluded in federal digests? What is the current series of wests federal digests?
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Included: Summaries of cases from all federal courts.
Excluded: Summaries of cases from all state cases. 4th series. |
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Whats included, and excluded in state digests?
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Included: Summaries of cases from the state's courts and the federal courts within the state.
Excluded: Summaries of state and federal cases from outside the state. |
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Whats included, and excluded in regional digests?
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Included: Summaries of cases from the state courts within the region.
Excluded: Summaries of cases from states and federal courts outside of the region. |
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What are the four steps for print case research?
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1) Select a print digest
2) Locate topics and key numbers in the print digest (from a case on point use the head notes to determine relevant topics and key numbers, descriptive word index to look up relevant subjects, or topic entry) 3) Read the case summaries in the print digest. 4) Update the print digest research. (pocket part, interim pamphlets, closing table inside the front cover of the most recent interim pamphlet, if necessary check the mini digest in the back of each reporter volume published after the latest volume listed in the closing table) |
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What can you use wests custom digest feature for?
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To search by digest topic and key number or search by subject.
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What are the signals in Shepard's?
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Red Stop sign means overruled.
Oreange square around Q means questioned validity Yellow triangle means caution Green diamond means positive treatment A means citing references Blue circle means citation information available. |
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What are the key cite star categories?
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Key cite star categories tell you what the case in keycite contains.
4 stars means examined - extened discussion (over a page) 3 stars means discussed - (more than a paragraph less than a page) 2 stars means cited - Contains some discussion of the original case, usually less than a paragraph One star means mentioned - a breif reference. |
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What are the west signal flags?
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Signal flags let your case has been treated.
Red flag means the case is no longer good law for at least one point of law. Yellow means the case has some negative history Blue H means the case has some history that is not known to be negative C means the case has citing references. |
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How do you see how your case has been treated in westlaw and lexis?
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Key cite in westlaw, sheperds in lexis.
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What are the steps in statutory research?
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Locate a statute (index, popular name table, word search for a statute in westlaw, browse table of contents, search by subject using the statutory inde in westlaw, also government websites)
2) Read the statute and accompanying annotations 3) Update Print Research (pocket part & and cumulative or noncumulative supplements) 4) Keycite in westlaw or shepards in lexis. |
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Where do you find CIS online? How do you locate legislative history with CIS?
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CIS online is a lexis service.
You can find legislative history with public law number, statutes at large citation, or bill number. |
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Fact pattern about finding legislative history on a statute:
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USCA -> Citations to USCCAN -> Go to page in USCCAN for comittee report -> OR get public law number or bill number or statutes at large cite -> Enter in lexis CIS -> enter the number -> Click legislative history -> Retrieve the legislative history you are looking for.
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When updating a CFR, when you look at the list of sections effected, if your section is listed, where do you find the date the federal register was published?
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You find the date in the table in the back, you find the page next to the line telling you it was effected.
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T/F - The list of parts effected in the back of the federal register is cumulative to date?
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True.
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How do you locate pertinent administrative regulations?
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Use cross-references in the to the CFR in the annotations in the USCS or us USCA.
Use lexis Nexis and west law by executing word searches in the databases for the C.F.R or specific subject areas or by browsing the table of contents. |
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How do you up update federal administrative law research online?
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1) To update from the date of the C.F.R volume through the end of the prior month, look up the regulation in the most recent electronic LSA to locate the page numbers in the Federal Register containing the changes.
2) Retrieve the federal register page containing the change in the federal register database. 3) Read through the material in the federal register database to see how it affects the regulation. 4) To update from the end of the prior month to the present use the cumulative Current list of parts effected. If the part in which the section appears is listed, look up each page number to see if the section has been effected. 5) Use Shepard's in print or in Lexis Nexis or Keycite in Westlaw to update your research or locate research references. |
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What does a space mean on lexis and westlaw?
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On westlaw a space is a "or." In lexis a space is a "and."
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What does /s mean on lexis and west law?
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Term appears in the same sentence.
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What does /n mean on westlaw and lexis
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/n Term appears within a certain number of words
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What does /p mean on westlaw and lexis
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term appears in the same paragraph
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Give examples of field and segment commands on lexis and westlaw.
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Title: Lexis TI, Westlaw TITLE
Author: Lexis AU, Westlaw AUTHOR Court: Lexis CO, Westlaw COURT |
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What is the difference between USCCAN and CFR? What is CFR for? Do regulations have legislative history?
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CFR is a topical index of regulations promulgated by agencies. USCCAN contains the full text of reports when of a public that has been passed. Regulations do not have a "legislative history" per se, but they do contain have a history which contains section by section analysis.
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