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Introduction to Lexis

Introduction to Lexis. Cases & Shepard’s Instructors: Femi Cadmus, Christine Ciambella, Deborah Keene Fall 2006. Introduction. Reference: Room 141, 703- 993-8076 LEXIS Customer Support: 1-800-455-3947 Research Aids: http://www.lexisnexis.com/lawschool/learning/reference

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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. Introduction • Reference: Room 141, 703- 993-8076 • LEXIS Customer Support: 1-800-455-3947 • Research Aids: http://www.lexisnexis.com/lawschool/learning/reference • Online Tutorials: http://www.lexisnexis.com/lawschool/learning/tutorials • Policy: Lexis is restricted to educational use only. • Printers: Free printing is available on Lexis stand-alone printers in Labs 342 and 350. • Pricing: Law schools receive a lower annual flat rate but firms pay very high prices.

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

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

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

  6. 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

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

  8. 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.

  9. 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.

  10. Case Citators • Give parallel cites • Give the history of a cited case • Determine how the case has been used and perceived -- treatment • List cites to secondary and other sources

  11. 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

  12. 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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