Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D....

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Online Skills for Lexis & Online Skills for Lexis & Westlaw Westlaw Part II Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law Library & Associate Professor of Law
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Page 1: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

Online Skills for Lexis & WestlawOnline Skills for Lexis & WestlawPart IIPart II

University of Missouri-Kansas City

School of LawPaul D. Callister, JD, MSLIS

Director of the Leon E. Bloch Law Library & Associate Professor of Law

Page 2: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

During this session you will learn:During this session you will learn:

• To deal with getting too many or too few "hits" in your search results by using either (i) segment or field-restricted searching or (ii) natural language.

• To use Lexis More Like searching and West Key Numbers to find similar cases and other primary and secondary authority after you have found a case, statute, regulation, secondary source on point.

Page 3: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.
Page 4: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

Segment/Field SearchingSegment/Field Searching

Page 5: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

Segment/Field Searching - Problem 1Segment/Field Searching - Problem 1

In Westlaw, find the legislative history for the Indian Child Welfare Act. 

Page 6: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

Segment/Field Searching - Problem 2Segment/Field Searching - Problem 2

Suppose you are doing research on the history of polygamy cases in the U.S. and you decide to start with the Supreme Court. Use Lexis to narrow the results to cases really on the subject, and not cases that just have a passing reference to the topic.

Page 7: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

Segment/Field Searching - Problem 3Segment/Field Searching - Problem 3

You have heard that Professor Rotunda has written an article on the confirmation process for judges.  See if you can easily locate the article using  field (or segment) searching.  Try the same search again without using fields (or segments).

Page 8: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

Natural Language - Problem 1Natural Language - Problem 1

Using Westlaw, what is the statute of limitation for breach of contract in North Dakota? 

Page 9: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

Natural Language Searching — How Natural Language Searching — How Does it Work?Does it Work?

• Reorganizes database based on relevancy• Best document should be on or near top• Based on weighted search terms• Generally, the rarer the term in the database as a

whole, the more weight (and higher placement) documents with it receive in the results

• Sometimes additional weight is given terms are near each other or in certain key fields such as title, topic, etc.

• Repeating a term adds to its weight• Natural Language can outperform searching by terms

and connector in some circumstances

Page 10: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

Natural Language - Problem 2Natural Language - Problem 2

Using Lexis, can a profit sharing plan serve a dual purpose as a health or accident plan under Internal Revenue Code section 105? Search a case law database.

Page 11: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.
Page 12: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

Natural Language - Problem 3Natural Language - Problem 3

Use both natural language and terms and connector searching to determine when the "innocent spouse" doctrine applies during tax litigation.  Find a good case law database in Westlaw for your search.

Page 13: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.
Page 14: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

More Like This - Problem 1More Like This - Problem 1

During last session, you conducted a "terms and connectors" search for a California murder case in which it was found that a "fetus cannot be a human being."  The key case that you found was “In Re Keeler” (2 Cal. 3d 619).  Now your supervising partner wants you to find all of the similar cases including cases in other jurisdictions.  Can you find all of the similar cases? 

Page 15: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

More Like This - Problem 2More Like This - Problem 2

Ed Hood wants to leave $250,000 at his death to care for his dog, Truman, and has asked for your help. You have found an article entitled, Pet Animals:  What Happens When their Humans Die? 40 Santa Clara L. Rev. 617 (2000). You want to find similar law review articles.

Can you also find any cases which are similar to the law review articles? 

Page 16: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

Key Number Searching - Problem 1Key Number Searching - Problem 1

In Westlaw, search for cases similar to In Re Keeler, 2 Cal. 3d 619. 

Page 17: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

Key Number Searching - Problem 2Key Number Searching - Problem 2

Find cases in California pertaining to "profit sharing plans" that are similar to In Re Cheng, 943 F.2d 1114, by using West “Key Number Searching.”

Page 18: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

Comparison – “Man v. Machine”Comparison – “Man v. Machine”

Page 19: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.
Page 20: Online Skills for Lexis & Westlaw Part II University of Missouri-Kansas City School of Law Paul D. Callister, JD, MSLIS Director of the Leon E. Bloch Law.

The EndThe End