Online Companion: Legal Research, Analysis, and Writing



CHAPTER 7 SUMMARY

The earlier chapters of the text focus on the techniques for conducting research using print resources such as texts and bound volumes. This chapter discusses research using electronic resources. It is important, however, to know how to research using print resources for at least four reasons.

1. A familiarity with the print source makes it much easier to understand the structure of the electronic database and conduct electronic research.

2. The material you are looking for may not be in an electronic database.

3. An occasion may occur where access to electronic research is unavailable, such as when the local server is down.

4. Cost concerns may limit the amount of time you can spend using commercial electronic services.

Experienced researchers do not rely exclusively on computer-assisted legal research.

This chapter presents an overview of legal research using the most frequently used commercial services: Westlaw and LexisNexis. Although there are many other electronic research services available, a familiarity with either of these two provides sufficient information to use the other services.

There are differences between LexisNexis and Westlaw, but the basic organization and research principles are the same. Both services share the following features:

▪ Documents may be located by name, title, or citation.

▪ Documents may be located by natural language, a search method that allows you to state the search query using plain English.

▪ Documents may be located by using terms and connectors.

▪ Searches may be conducted through reference to the table of contents of research sources.

▪ Documents may be located by focusing research on specific areas of law through Westlaw’s Key Number and KeySearch services and LexisNexis’s Search Advisor.

▪ Research may be updated through the use of Westlaw’s KeyCite or LexisNexis’s Shepard’s services.

In addition to Westlaw and LexisNexis, there are other commercial web-based legal research services. Two services with less comprehensive databases are Loislaw and VersusLaw.

Thousands of nonfee-based web sites provide access to various types of legal information on the internet. There are no laws or regulations governing the accuracy of the content of nonfee-based sites; therefore, they do not have a legal duty to provide information that is accurate or up to date. You must verify the accuracy and determine if any information you obtain from such sites is up to date. When selecting a nonfee-based site, always consider the author/publisher and content of the information, and check the site to determine how frequently the information is updated.

A limitation of most nonfee-based internet sources is that they do not have as extensive databases as the commercial sources. Many sites that provide statutory law do not include the annotations. Many sites that provide access to case law do not allow searches based on search words or terms (Boolean searches).

The chapter discusses and provides the web addresses for many of the nonfee-based web sites that provide access to various types of legal information. Included are federal and state government web sites, secondary authority and specialty area sources, and e-mail discussion groups (listservs).

The chapter closes with a discussion of CD-ROMs and nonfee-based web sites that provide access to various types of legal information on the internet.

ASSIGNMENTS

Note: For assignments 1–6 use Westlaw.

Facts: The client, a police officer, is being sued by the spouse of the victim for using deadly force while arresting the victim. The client was on duty, wearing his uniform, and patrolling in a marked police unit when he spotted the victim’s vehicle parked behind a hardware store. When he approached, the victim ran from the back of the store, jumped in the vehicle, and fled. After a brief chase the victim drove down a dead-end street. After the victim turned his vehicle around, it collided with the police vehicle. The client exited his vehicle, and the victim backed his vehicle up and suddenly came forward barely missing the client. The client said he believed the victim was trying to run him down. As the victim drove away the client fired two shots at the victim’s vehicle, one of which killed the victim. The spouse claims that the use of deadly force was excessive in this situation and is seeking damages under 42 U.S.C. § 1983 for asserted violations of her deceased husband’s constitutional rights.

ASSIGNMENT 1

What 1985 United States Supreme Court decision concerning a state of Tennessee case discusses the use of deadly force by police in this type of situation? According to this decision, when is the use of deadly force permitted?

ASSIGNMENT 2

Which case from the Sixth Circuit decided in 2000 is distinguished from the opinion located in assignment 1?

ASSIGNMENT 3

What 1978 ALR annotation discusses this topic?

ASSIGNMENT 4

Which Am. Jur. 2d section discusses this topic?

ASSIGNMENT 5

Locate a 1998 law review article that discusses the use of deadly force by the police.

ASSIGNMENT 6

Has the highest court of your state addressed the use of deadly force by law enforcement officers in apprehending individuals trying to escape? If so, when is the use of deadly force permitted?

Note: For assignments 7–12 use LexisNexis.

ASSIGNMENT 7

The client works at a facility that takes care of children. She believes her boss improperly interfered with her employment contract. Locate a 1993 case from Maryland that addresses this topic.

ASSIGNMENT 8

The client claims that a director of a corporation interfered with the corporation’s contract with her. The supervising attorney remembers there is an ALR annotation that discusses this topic. She remembers that the annotation was written by a person with the last name of Fischer. What is the annotation?

ASSIGNMENT 9

The client claims that a director of a corporation invaded her privacy and interfered with her contract. Locate a 1995 law review article that discusses this topic.

ASSIGNMENT 10

Locate the Restatement section that lists the damages that may be recovered for the tort of Invasion of Privacy.

ASSIGNMENT 11

What is the title of § 552 of the Freedom of Information Act of 1986?

ASSIGNMENT 12

Which first circuit case, in 2001, followed Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985)?

Note: For assignments 13–16, use nonfee-based internet web sites.

ASSIGNMENT 13

You are working on a case that involves obtaining a Freddie Mac low-income housing mortgage for a client. Describe how you would locate information on Freddie Mac using a web site discussed in this chapter.

ASSIGNMENT 14

You are working on a simple will. Describe how you can locate a simple will form on the internet.

ASSIGNMENT 15

Describe how you would obtain, free of charge, a law review article from the Buffalo Criminal Law Review.

ASSIGNMENT 16

What legal research links are provided by the American Bar Association?

INTERNET RESOURCES

In addition to Westlaw and LexisNexis there are other commercial web-based legal research services. Two comprehensive services are Loislaw () and VersusLaw (). The databases of these services are less extensive than Westlaw and LexisNexis.

Ethics. There are literally thousands of nonfee-based web sites (many are listed in the chapter) that provide access to various types of legal information on the internet. As noted in the chapter, it is an ethical obligation to provide the client with competent representation. Therefore, you must verify the accuracy and determine if any information you obtain from such sites is up to date.

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