WestlawNext for Criminal LawPresentation Transcript
WESTLAWNEXTTutorial for Criminal Law
In this session we will learn:• -case law searching in Westlaw.• -statutory searching in Westlaw.• -the West Key Number System of searching.• -how to determine if a case or statute is still good law.• -ALR, aka American Law Reports.
Also in “General” and “News”
This is what you see when you first open WestlawNext! The search box is designed like Google for simplicity. 24/7 assistance
WESTLAWNEXTCase Law Searching
If you know the name of the case, you can just type the name in the search bar.
When you run a search on Westlaw, you don’t need to select a database. Your search is automatically run acrosscases, statutes, regulations, administ rative decisions, secondary sources, briefs, proposed and adopted regulations and legislation.
If you know the casecitation, type it in. No capital letters or periods are necessary.
Let’s take one of Professor Pesca’s fact patterns…• While your client was stopped for speeding, New York State Police allowed a drug dog to sniff around the car. When the dog alerted, a search of the car was conducted. According to the U.S. Supreme Court, did the search violate the 4th Amendment of the Constitution?• Jurisdiction: U.S. Supreme Court
When you click a link for a specific court,the 10 most recent cases from that court are automatically displayed.
You do not have to run a traditional Boolean terms and connectorssearch. Try simple natural language searching and compare results. Westlaw recognizes whichever search format you use.
75 Supreme Court cases areretrieved. You can sort by relevance, date or most cited. The right column lists a sampling of related secondary sources and briefs.
You can narrow your search result using filters in the left column by jurisdiction, date, reportedstatus, topic, judge, attorney, law firm, key number, party and docket number.
For example, you may want tosee how a particular judge has ruled, or an attorney’s track record with regard to a particular issue. This provides helpful strategy in litigation.
Out of the 75Supreme Court casesour search retrieved, let’s identify the key case that most matches our fact pattern. Now what?
Let’s take these one by one.
Here we have mostly case briefs filedthroughout the case. Also included are oralarguments, petitions and similar filings.
We’ll comeback to this.
To see how your case has been used (cited) by other cases, administrative materials, secondary sources andbriefs, click on Citing References. This is an excellent tool for attorneys and researchers for determining how cases Click the have been interpreted,analyzed and distinguished.
NEGATIVE TREATMENTIs your case still good law?
The most negative treatment is displayed at the top of the list. A red flagwarns that the case is no longer good law for at least one of the points it contains. A yellow flag warns that the case has some negative history but has not been reversed or overruled.
The green depth of treatment bars indicate the extent to which citing cases discuss the cited case. The headnote numbers indicate which headnotes (points of law) the citing case is discussing.
Headnote 6 of Illinois v. Caballes is discussed extensively in State v. Griffin.
Checking Cases in KeyCite• The main ways to access KeyCite information are:• while viewing a case with a KeyCite flag, click the flag.• type kc or keycite followed by the case citation.
Clickon the flag.
LET’S DO ANOTHEREXAMPLE.Case Law Searching
Terry v. OhioLet’s find a New Jerseycase that has applied thelandmark Supreme Courtcase, Terry v. Ohio.Police may stop a personif they have a reasonablesuspicion that the personhas committed or is aboutto commit a crime, andmay frisk the suspect forweapons if they havereasonable suspicion thatthe suspect is armed anddangerous, withoutviolating the FourthAmendment prohibition onunreasonable searchesand seizures.
We have both federal and statecases in this set of results.
2.1. You can limit your results to New Jersey state cases in one of two ways: (1) by checking New Jersey as your jurisdiction at the left hand column, or (2) by unchecking Federal content at the search bar (above).
WEST’S KEY NUMBER SYSTEM
1. A court issues an opinion in a case.2. A copy of the case is obtained byWest, where attorney-editors read thecases and pick out the points of law or legalissues in the case.3. These legal issues or points of law aresummarized in a “headnote” and assigned atopic and key number.
Corresponding Key Numbers
Click on “Tools” to access the Key Number System. Let’s start from theHome screen to seehow the Key Number System works.
Browse the list of topics to find the topic related to your issue.
Click on the topic, e.g., searches and seizures, to display the topic page, whichcontains the key numbers (subtopics) classified under that topic.
2. (Select jurisdiction) 1. At the topic page, you can zero in on keynumbers that match your issue.
By selecting the general topic searches and seizures (topic #349), andthen within that topic selecting the key number(s) associated with your specific legal issue(s), you are able to easily search for cases that discuss these legal issues.
STILL A LITTLEUNEASY?Don’t be. Click here for more info.
If you know the statutory citation, youcan just type it in the search bar. As with case citations, you can do this from any screen!
Another way to search for statutes is to selectStatute & Court Rules from the main screen.
This is the Table of Contents service which letsyou browse statutes, and view a statute in the context of the sections around it.
This is the Table of Contents for the NY Penal Code.
Further breakdown of NY’scomplex statutory structure
Scroll down to the bottom of the statute. You will find a Practice Commentary at the end of each statute, written by practicingattorneys. These commentaries give practical advice for interpreting the statute.
This is a very extensive Practice Commentary at the end of the statute. These are extremely useful forinterpreting statutes and cases that have applied the statutes.
You can view a statute’s history, how other cases have interpreted thestatute (Notes of Decisions), law review and journal commentaries, cross-references, library references, treatises and practice aids, and more.
IS YOUR STATUTE STILLGOOD LAW? The same steps for cases apply to statute: while viewing a statute with a KeyCite flag, click the flag; ortype KC or KeyCite followed by a citation in the search box at the top of the page and click Search.
AMERICAN LAW REPORTS“ALR”
American Law Reports• American Law Reports (ALR) delivers an objective, in- depth analysis of your specific legal issue, together with a complete list of every case – in every jurisdiction – that discusses it.• With thousands of attorney-authored articles covering the entire breadth of U.S. law, ALR saves you time by taking you deeper on a topic, faster. • Use ALR to: • Quickly get up to speed in an unfamiliar area of law. • Locate all relevant caselaw in one easy step. • Determine which cases are controlling and understand why.
Searching for “Illinois v.Caballes” within these 1,773 results