🧑🏾‍💼Advanced Legal Research Unit 7 – Electronic Legal Research Methods

Key Concepts and Terminology

• Electronic legal research involves using online databases and resources to find legal information, including case law, statutes, regulations, and secondary sources
• Primary sources are the law itself, such as cases, statutes, and regulations, while secondary sources provide commentary, analysis, and explanations of the law (treatises, law review articles, legal encyclopedias)
• Subscription-based databases, such as Westlaw, LexisNexis, and Bloomberg Law, offer comprehensive legal resources and advanced search capabilities
  • These databases require paid subscriptions and are commonly used by legal professionals and law students
• Free online legal resources, such as Google Scholar, Findlaw, and government websites, provide access to some legal information at no cost
• Citators, like Shepard's (LexisNexis) and KeyCite (Westlaw), help determine the current status of a case or statute and identify related authorities
• Headnotes are summaries of key legal points in a case, often assigned by the database's editorial staff, which can be used to find similar cases
• Annotations are notes added to statutes or regulations that provide summaries of relevant case law, analysis, and cross-references to related provisions

Electronic Legal Databases Overview

• Westlaw, LexisNexis, and Bloomberg Law are the three major subscription-based electronic legal databases used in the United States
  • These databases offer extensive coverage of case law, statutes, regulations, and secondary sources
  • They provide powerful search engines, citators, and tools for organizing and analyzing legal information
• Westlaw is known for its Key Number System, which organizes case law by legal topics and subtopics, making it easier to find relevant cases
• LexisNexis offers a comprehensive collection of secondary sources, including treatises, law reviews, and news sources
• Bloomberg Law integrates legal research with business and financial information, making it useful for corporate and transactional law
• Free databases, such as Google Scholar and Cornell's Legal Information Institute (LII), provide access to some case law and statutes
  • These resources may have limitations in coverage, currency, and search functionality compared to subscription-based databases
• Many courts and government agencies maintain websites with access to their own case law, statutes, and regulations
• Specialized databases focus on specific areas of law, such as HeinOnline for law journals and treaties, and PLI for continuing legal education materials

Search Strategies and Techniques

• Develop a research plan by identifying key issues, relevant jurisdiction, and time frame before beginning an electronic legal research project
• Use secondary sources to gain an overview of a legal topic and identify primary sources to explore further
• Utilize headnotes and annotations to locate relevant cases and statutes related to a specific legal issue
• Employ both natural language and Boolean searches to find relevant authorities
  • Natural language searches use plain language phrases and allow the database to determine relevance
  • Boolean searches use connectors like AND, OR, and NOT to create precise search queries
• Narrow searches by jurisdiction, date range, and document type to refine results and find the most relevant authorities
• Expand searches by following links to related documents, such as cases cited within a decision or statutes referenced in an annotation
• Take advantage of search filters, such as those for specific courts, judges, or attorneys, to further refine search results
• Use citators to update research and ensure that cases and statutes are still good law

Boolean Operators and Advanced Filtering

• Boolean operators (AND, OR, NOT) allow researchers to create precise search queries by connecting keywords and phrases
  • AND narrows search results by requiring all terms to be present
  • OR expands search results by including any of the connected terms
  • NOT excludes documents containing the specified term
• Proximity connectors (e.g., /s, /p, /n in Westlaw; w/s, w/p, w/n in LexisNexis) specify the desired distance between search terms
  • /s or w/s requires terms to be in the same sentence
  • /p or w/p requires terms to be in the same paragraph
  • /n or w/n requires terms to be within a certain number of words of each other
• Wildcards and truncation symbols (e.g., *, !) can be used to search for variations of a word or phrase
• Quotation marks around a phrase search for the exact phrase rather than the individual words
• Parentheses group search terms and connectors to create more complex queries
• Field searching allows researchers to limit searches to specific parts of a document, such as the title, author, or date
• Advanced filtering options, such as jurisdiction, court, and date range, help narrow search results to the most relevant documents

Navigating Case Law and Statutes Online

• Use headnotes and topics to identify relevant cases within a database
  • Headnotes summarize key legal points and are often organized by topic or key number
  • Clicking on a headnote or topic link will retrieve other cases discussing the same legal issue
• Utilize case citators (Shepard's or KeyCite) to find later cases that have cited the case being researched
  • Citators also indicate the treatment of the case, such as whether it has been overturned, distinguished, or followed
• Search for cases by party name, citation, or docket number if known
• Access statutes through databases' statutory collections or by using citation services like Westlaw's StatutesPlus or LexisNexis' Shepard's Statutes
• Navigate statutory codes by browsing titles, chapters, and sections or by using the database's search functions
• Use annotations to find cases interpreting or applying specific statutory provisions
• Track the legislative history of a statute through session laws, bill texts, and committee reports, which are often available in electronic databases
• Monitor pending legislation and recently enacted laws through databases' legislative services and alerts

Citing Electronic Sources

• Follow the citation style required by your jurisdiction or the specific legal writing project (e.g., Bluebook, ALWD)
• Include the name of the database and the unique identifier or citation assigned by the database when citing electronic sources
  • Example: Smith v. Jones, 123 F. Supp. 2d 456 (D. Mass. 2000), available on Westlaw at 2000 WL 123456
• Provide the date the electronic source was accessed, as online content may change over time
• Use "last visited" or "last updated" date for websites and online articles that do not have a traditional publication date
• Cite online versions of print sources, such as law review articles or treatises, similarly to their print counterparts, but include the database name and identifying information
• When citing electronic sources in court filings or other legal documents, verify local court rules for any specific requirements or preferences
• Maintain consistency in citation format throughout a legal writing project
• Double-check citations for accuracy and proper formatting before submitting legal work

Evaluating Online Legal Resources

• Assess the authority of the source by considering the reputation of the database, publisher, or author
  • Subscription-based databases like Westlaw and LexisNexis are generally considered highly authoritative
  • Government websites and databases are official sources for statutes, regulations, and case law
• Evaluate the scope of coverage, including jurisdictions, time periods, and types of legal materials included
• Consider the currency of the information and how frequently the database or website is updated
  • Look for "current through" dates or update schedules to determine the timeliness of the content
• Examine the accuracy and reliability of the information by comparing it to other reputable sources
• Assess the ease of use and search functionality of the database or website
  • User-friendly interfaces, robust search options, and helpful tools like citators and annotations can enhance the research experience
• Consider the cost and accessibility of the resource, especially when choosing between subscription-based and free sources
• Consult with librarians, professors, or experienced legal professionals for guidance on the strengths and limitations of specific online legal resources

Practical Applications and Case Studies

• Scenario 1: A criminal defense attorney researching a Fourth Amendment search and seizure issue
  • Begin by searching for relevant headnotes and key numbers in Westlaw or LexisNexis
  • Refine the search by jurisdiction (e.g., U.S. Supreme Court, state supreme court) and date range
  • Use citators to find more recent cases and assess the current status of key precedents
  • Consult secondary sources, such as treatises and law review articles, for in-depth analysis of the issue
• Scenario 2: A law student writing a research memo on a contract law problem
  • Start with a broad search using key terms related to the contract law issue
  • Narrow the search by applying filters for jurisdiction, court level, and date range
  • Use Boolean connectors and proximity searches to find cases with fact patterns similar to the research problem
  • Review statutory provisions and annotations related to the contract law issue
  • Cite check cases and statutes using Shepard's or KeyCite to ensure they are still good law
• Scenario 3: A legal scholar researching the legislative history of a federal statute
  • Begin by locating the statute in the U.S. Code through Westlaw, LexisNexis, or a free source like Cornell's LII
  • Use the annotations and references to trace the statute back to its enacting session law
  • Search for committee reports, hearings, and debates related to the bill using databases like ProQuest Congressional or HeinOnline
  • Consult secondary sources, such as treatises and law review articles, that discuss the statute's legislative history and intent
• Scenario 4: A paralegal updating research on a tort law issue for a senior attorney
  • Review the attorney's previous research and identify key cases and statutes
  • Use citators (Shepard's or KeyCite) to check for new cases that have cited or discussed the key authorities
  • Conduct additional searches using Boolean operators and filters to find any recent developments in the relevant jurisdiction
  • Organize the updated research in a clear, concise memo or report, with proper citations to electronic sources