Chapter 8 - Research Sources for Primary Authority

8.3

Interactive Study | Researching Case Law

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  • Image of Westlaw search results page

    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.

    Federal Reporter Second Series
    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.

    West Digest
    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.


    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.

    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.




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    Even More Commonly Asked Questions . . .

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    Exercises
    Exercises
    Federal Cases (Progress Check)
    West Digests (Progress Check)