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Research Strategies

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Summary

This document provides an overview of research strategies for legal research.  It discusses using secondary sources, cases, and statutes, as well as the importance of using citators and validating sources.

Full Transcript

Research Strategies Read closely Make a plan Use pre- & post-search filters Use value-added features of Westlaw and Lexis Keep track of your research and results Ask a librarian (if it's allowed) Secondary Sources > explain the law > lead you to primary authority > great starting place...

Research Strategies Read closely Make a plan Use pre- & post-search filters Use value-added features of Westlaw and Lexis Keep track of your research and results Ask a librarian (if it's allowed) Secondary Sources > explain the law > lead you to primary authority > great starting place when you're dealing with a topic that is new to you > jurisdictional ones are particularly helpful when dealing with a state issue > can contain forms, checklists and other helpful practical guidance Cases > editorial enhancements: summaries, headnotes, West's Topics and Key Numbers, star pagination > start with "one good case" and use a citator or headnotes to lead you to additional relevant resources > advanced searching: field searching, pre- and post-search filters (jurisdiction, date, content time, juage, search within results) make you a more efficient researcher and save you time and your client $$$ Statutes > annotated statutes are superior for doing legal research notes of decisions: relevant cases hand-picked by editors value-added editorial enhancements: tables of contents, section arrows history/credits: when the statute was enacted and amended; how it has changed over time > many but not all legal issues have a controlling or relevant statute Annotated statuses: Notes from Alexis and Westlaw lawyers are adding Citators: > tell you if your case/statute is still good law > lead you to additional relevant resources using the one good case/statute approach > KeyCite (Westlaw) and Shepard's (Lexis) - these are the gold standards, free versions are nowhere near as comprehensive and reliable > Before you rely on primary authority, whether you find it using Al, a free resource or Westlaw or Lexis, you must validate it and make sure it's still good law. This is best done with a citator. Al > Constantly changing (Westlaw's CoCounsel coming soon) > Westlaw Practical Law Al - based only on Practical Law content > Lexis+ Al - pulls from cases, statutes, regulations and limited number of secondary sources > General Generative Al Tools: hallucinate more and not great for finding legal resources > Always validate & use a citator to make sure still good law › Courts: check Al citation rules or certificates of compliance > Ethical issues (competence, confidentiality, fees)

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