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
• 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.
Terms & Connectors Search
1. Choose key words from the issue.
2. Select synonyms or alternate terms for
key words.
3. Link search words with appropriate
connectors.
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
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 endings
seller = sellers = sellers’ party = parties
child will not pick up children
use child!
Link Search Words with
Connectors
or
Requires at least one term appear in
document
developer or 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
Google vs. Lexis Search
• Google – No Connectors
seller duty to disclose toxic waste new
jersey
• Lexis – USE CONNECTORS
developer or realtor or broker or seller /10
duty /3 disclos! and toxic or hazard! /5
waste
Use Shepard’s (Lexis) or
KeyCite (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.
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 .
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
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
Case Treatment
Negative
•
•
•
•
•
•
•
Overruled at a later date
Criticized
Distinguished
Limited
Questioned
Dissenting
Explained
Positive
• Followed or cited favorably by other
courts