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WestlawNext for Criminal Law I - Pesca
 

WestlawNext for Criminal Law I - Pesca

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    WestlawNext for Criminal Law I - Pesca WestlawNext for Criminal Law I - Pesca Presentation Transcript

    • WESTLAWNEXT Criminal Law I – Pesca
    • This is what you see when you first open WestlawNext! The search box is designed like Google for simplicity. 24/7 assistance
    • Legal Issue: • Do citizens have a 4th Amendment right to privacy in their trash left outside for pick-up in the State of New York, or do police need a search warrant?
    • Some courts located in New York (and in all of the United States) are federal courts, which is why you see both Federal and State court listings under New York. It may seem confusing at first, but it is the U.S. court structure. The following slide contains a very simplified version of the U.S. court structure. For further clarification, ask your professor or a librarian.
    • In general, you will search these courts most often.
    • By selecting All New York State Cases, we ensure that we are getting cases from NY trial courts, appellate courts and most importantly, NY‟s highest court, the New York Court of Appeals.
    • Here we are searching all NY cases using a natural language search: Do people have a 4th Amendment right to privacy in their trash left outside for pick-up, or do police need a search warrant?
    • You can sort your results by relevance (your terms appear most frequently in the top case and less so as you go down the list).
    • You can sort your results by date… but this is only a county court case. Higher court cases carry more legal weight.
    • You can search by date, meaning most recent cases are listed first. You can search by “most cited” meaning other courts have referred to the top cases most frequently.
    • Note that in addition to a list of cases, WestlawNext provides secondary sources, such as law review articles, interpreting the legal issue you have searched.
    • LET‟S RUN THE SEARCH AGAIN, THIS TIME USING SIMPLE BOOLEAN CONNECTORS. Boolean searching, while not as easy as natural language searching, allows you to control your search results very specifically.
    • Boolean Symbols in WestlawNext When and how should I use these? Connectors and Expanders • • • • • • • • • • • • & /s Or +s /p "" +p % /n ! +n * AND In same sentence OR Preceding within sentence In same paragraph Phrase Preceding within paragraph But not Within n terms of Root expander Preceding within n terms of Universal character • When: You have a focused search in mind. • How: Use one, two, or more in combination. • How: Don‟t get overwhelmed with trying to incorporate several connectors or expanders. • You may actually ELIMINATE useful results this way!
    • With simple Boolean searching, we retrieved 32 cases, very similar to the results we found with natural language searching.
    • Now what? Your challenge now is to find a key case that most closely addresses your legal issue, is reasonably current (though a pivotal case may be very old), and is still good law.
    • No flag = good law so far - Yellow flag = caution – Red flag = no longer good law (has been overruled, overturned) Click on the flag for specific negative history.
    • Just because there is no flag… • … does not mean this is the best case! • A case like Roe v. Wade – (Supreme Court of the United States January 22, 1973 - 410 U.S. 113) • a very famous U.S. Supreme Court case in the 1970s, has a yellow flag because some courts have not agreed with certain aspects of the Court‟s ruling – but this case has been cited over 22,000 times! • If later cases have „cited‟ to (referred to) a case thousands of times, even if there is some negative treatment, this case is still good law, and very, very important! • Bottom line: don‟t be afraid of cases with yellow flags!
    • Click on the flag.
    • HEADNOTES…. …explained
    • 1. A court issues an opinion in a case. 2. A copy of the case is obtained by West, where attorney-editors read the cases and pick out the points of law or legal issues in the case. 3. These legal issues or points of law are summarized in a “headnote” and assigned a topic and key number.
    • Headnote 6 of Illinois v. Caballes is discussed extensively in State v. Griffin.
    • LET‟S DO ANOTHER EXAMPLE. Case Law Searching
    • Legal Issue: • If a K9 is used to walk by an automobile the police suspect might have drugs in it, is that a search without a warrant?
    • Here we are approaching the legal issue with natural language searching.
    • Which case do I choose? • As with the prior example, this is the challenge, once you have formulated your search technique. It is a balancing act between: • Is the case most like my fact pattern? • Is the case still good law? • Is there a more recent case close to my fact pattern?
    • LET‟S RUN THE SEARCH AGAIN, THIS TIME USING SIMPLE BOOLEAN CONNECTORS. As we saw in our prior example, Boolean searching, while not as easy as natural language searching, allows you to control your search results very specifically, and can produce more effective results!
    • Boolean searching! Before jumping in and deciding that natural language is your best bet for retrieving search results, remember correct Boolean searching produces accurate results that you can compare to your natural language search results. • Connectors and Expanders & /s Or +s /p "" +p % /n ! +n * AND In same sentence OR Preceding within sentence In same paragraph Phrase Preceding within paragraph But not Within n terms of Root expander Preceding within n terms of Universal character
    • Concepts: • Canine or dog or K9 • Auto or automobile or car or vehicle or truck • 4th Amendment or Search and Seizure or Right to Privacy • Search Warrant • (k9 or dog or canine) & (auto! or car or vehicle or truck) & ("4th amendment" or "search and seizure" or "right to privacy") & "search warrant"
    • Notice we retrieved 19 more cases on this topic with Boolean searching! This is a perfect example of why you should not rely solely on natural language searching.
    • DOCUMENT DELIVERY Printing, emailing, downloading…
    • You can email, print, downlo ad or send the document to your Kindle.
    • Email, print and download delivery methods give you the option of including West headnotes, written by Westlaw attorneys summarizing the key points of law in a case.
    • Pay attention to whether you want to print the entire document or just certain pages!
    • AMERICAN LAW REPORTS “ALR” = a legal encyclopedia!
    • 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 case law in one easy step. • Determine which cases are controlling and understand why.
    • Searching for “Illinois v. Caballes” within these 1,773 results
    • Illinois v. Caballes is highlighted in purple.
    • Introductory paragraph in ALR