Volume II, Chapter §8.3
Research Sources for Primary Authority

 


Interactive Study | Researching Case Law



§8.3    


Introduction
Okay! Back to the ABC's of Legal Research! Here, as you can see, we are learning to research case law in:

A. Westlaw

B. Lexis

C. The Law Library

Use the books to help you navigate efficiently to case law in all three research sources. Of course, you can also use the Audio Companion tools below. They will walk you through all three. For each resource, first start the Audio Button (button 1), then open the corresponding Website (button 2).

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There are over seven million cases in the law library. Mostly in reporters. The challenge is to wade through those cases to find the few that apply to your client's case. Online, a search query in Lexis or Westlaw takes you to cases in the database of your choice (or at least one that your firm subscribes to). In the law library, West Digests are the most direct route to finding case law.

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West Digests function as an index to case law. Digests are one of the most utilized tools in legal research by paralegals and attorneys.

While there are dozens of different digests published by West (originally), they all use the same research system: The Key Number System. And that system not only applies to the digests in the law library, it is included (in the headnotes) in cases on Westlaw. But to be clear, the Key Number System is a product of West Publishing.

 

Paralegal Perspectives . . .

FEDERAL v. STATE . . .
How does a paralegal know whether to research state law or federal law? First of all, your supervising attorney will most likely make clear whether the matter is state or federal. But as a rule, a case is a federal matter if the United States government is a party to the action, or if the matter involves a violation of federal statutes. But never be afraid to ask the attorney the simple question, 'Is this a state or federal matter?'

The Good, the Bad, and the Ugly Time Sheets
Click on the examples of Time Sheets below to zoom in and compare. Yours should look like the Good example.

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The Good
The Bad
The Ugly

Time Sheet Download
Click here to download a Time Sheet that automatically adds up your billable hours. You should keep track of any research or writing you do on behalf of your client, including the research assignments (both online and in the law library) in this chapter.

Audio Companion

A.

B.

C.

 

 

InterActive Study
   

Exercises


Federal Cases (Progress Check)

West Digests (Progress Check)

Labs


Visit the Law Library Lab for Federal Cases. Just click on the Labs link and navigate to Fundamental Sources using the blue arrow at the bottom right to begin.

Visit the Law Library Lab for West Digests. Just click on the Labs link and navigate to Fundamental Sources using the blue arrow at the bottom right to begin.

 

Lecture Notes . . .

About Case Law
Don't be intimidated by the fact that the books in the law library and the databases in the online sites "all look alike." In some ways, you can take comfort from that. It means that the once you are comfortable with the environment of the online research sites and the law library, you will be more at home in any database, or any set of books.

Speaking of which, it really does help you understand the online sources if you have some familiarity with the the traditional materials in the law library. They become more "real," and not just bits of digital information.

Federal Case Law Images

About West Digests
Using the same hypothetical you chose or were assigned, conduct this assignment. Remember to keep track of any relevant authority you find. It may be used in the Trial Brief you prepare later in this segment.

Also, any of this research time may be used as part of your billable hours.