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Secondary Source Research. I)Treatises a) Area of Law b) Jurisdictional II)Law Reviews III)Restatements IV)Legal Dictionary V)Quiz Table of Contents.

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Presentation on theme: "Secondary Source Research. I)Treatises a) Area of Law b) Jurisdictional II)Law Reviews III)Restatements IV)Legal Dictionary V)Quiz Table of Contents."— Presentation transcript:

1 Secondary Source Research

2 I)Treatises a) Area of Law b) Jurisdictional II)Law Reviews III)Restatements IV)Legal Dictionary V)Quiz Table of Contents

3 Secondary sources are an excellent starting point when researching. Secondary sources provide: An overview of a specific area of law, as well as detailed, critical analysis of key concepts and theories within the various areas of law. Comprehensive, jurisdictionally specific analysis to assist in better understanding how vital concepts/theories are interpreted in a given jurisdiction. LexisNexis ® maintains a wide array of secondary source material, including: Treatises (both area of law and jurisdictionally specific) Law Reviews Restatements Legal Dictionaries Secondary Source Research

4 Treatises Secondary Source Research

5 LexisNexis offers a full complement of Matthew Bender ® treatises. Available exclusively on LexisNexis, Matthew Bender analytical content is authored by leading experts in the legal community and is recognized by courts and experienced attorneys as being demonstrably superior. The breadth of the Matthew Bender offering on LexisNexis includes treatises from: Over 50 different areas of law 40 different jurisdictions Treatises Secondary Source Research What is a Treatise? A treatise is a hornbook outlining fundamental legal theories and their application within a specific area of law or jurisdiction.

6 To access the Matthew Bender area of law treatises: 1.Under Secondary Legal, click Matthew Bender ® 2.Click By Area of Law 3.Click the desired Area of Law (e.g., Torts) 4.Select the desired source (e.g., Damages in Tort Actions) Area of Law Note: The area of law treatise source listing includes several general treatises on the primary topic, as well as specific sub-topics, in addition to numerous relevant jurisdictionally specific treatises. Treatises Secondary Source Research

7 Full-text of source documents search - searches the entirety of the treatise 2. Table of Contents (TOC) only search - searches only the title/subtitle/chapter/section headings in the entirety of the treatise Three Ways to Search Matthew Bender treatises: Treatises Secondary Source Research

8 3. Browse the Table of Contents Drill down within the TOC by clicking the plus sign(s) to expand the relevant titles, subtitles, etc. to find pertinent section(s). Note: This method is most effective when you know what title (topic) or chapter (sub-topic) you are looking for. Treatises Secondary Source Research Three Ways to Search Matthew Bender treatises: 3

9 B C A A. If the Advanced Search template displays upon accessing the source, click Browse TOC to access the TOC search template as well. B. The Full-text of source documents and Table of Contents (TOC) only search options are both available from Table of Contents search template. C. The checkboxes to the left of the various titles, subtitles, etc. in the TOC can be used for selective document searching in combination with the Full text or Table of Contents (TOC) only search options. Treatises Secondary Source Research

10 2 1. Click to expand Part VIII PUNITIVE DAMAGES 2. Click to expand Chapter 40 Punitive Damages 3. Click §40.03 Aggravated Circumstances To research aggravating circumstances relating to punitive damages: 3 Treatises Secondary Source Research 1

11 Result: Treatises Secondary Source Research

12 Cases Statutes Other secondary sources In reviewing treatise sections, make note of the blue footnotes (e.g., 10, 11, 12,) linking to: Treatises Secondary Source Research

13 Under Secondary Legal, click Matthew Bender ® 2. Click By Jurisdiction 3. Click the desired Jurisdiction (e.g., Texas) 4. Select the desired source (e.g., Texas Torts & Remedies) To access the Matthew Bender jurisdictionally specific treatises: Note: The source listing will include treatises covering various areas of law, specific to the selected jurisdiction. 1 2 Treatises - Jurisdiction Specific Secondary Source Research

14 1.Be sure the radio button for Terms and Connectors is selected 2.Enter your search in the open search field (e.g., punitive damages) 3.Choose to search Table of Contents(TOC) only Note: Searching just the TOC will pinpoint chapters/sections where punitive damages is in the sectional heading. 4.Click Search To research punitive damages using a Table of Contents (TOC) only search: Treatises Secondary Source Research

15 Your results include over 20 different sections discussing punitive damages as they relate to various torts. Treatises - Results Secondary Source Research

16 Law Reviews/Journals Secondary Source Research

17 With over 700 publications, LexisNexis has one of the most complete collections of law reviews and journals online. The comprehensiveness of this expansive compilation offers the flexibility not only enables you to locate individual articles you may be looking for, it also provides a broad foundation upon which to begin your research. Law Reviews Secondary Source Research

18 LexisNexis offers several different ways to search Law Review/Journals: 1.Under Secondary Legal, click Law Reviews & Journals 1 Law Reviews Secondary Source Research

19 To search any of the combined law review/journal sources, click the appropriate link in the left column: A.US Law Reviews and Journals, Combined B.US & Canadian Law Reviews, Combined C.Combined Canadian Law Reviews Note: Click the “i” information icon to view the complete list of Law Reviews/Journals contained in any of the combined sources. A B C Law Reviews Secondary Source Research

20 A. Search all law reviews from a desired jurisdiction B. Search all law review articles on a desired topic C. Search any individual law review/journal A B C Law Reviews Secondary Source Research

21 To search Civil Procedure law review/journal articles only for the “Erie Doctrine”: 1.Click Law Reviews by Area of Law 2.Click Civil Procedure Law Review Articles, Combined 3.Click the radio button for Terms and Connectors 4.Enter your search in the open field (e.g., Erie Doctrine) 5.Click Search Law Reviews Secondary Source Research

22 Your search finds nearly 500 law review/journal articles mentioning the Erie Doctrine. Note: When searching in any combined law review/journal source, results display alphabetically by publication and then reverse chronologically within results from the same publication. Law Reviews - Results Secondary Source Research

23 Restatements of the Law Secondary Source Research

24 The Restatements of the Law, produced by the American Law Institute (ALI), organize and synthesize case law on a given topic to present the “rules” distilled from the cases. These “rules” are intended to provide the “black letter law” on each topic. There are currently over a dozen different restatements available on the LexisNexis Research System. Restatements of the Law Secondary Source Research

25 Under Secondary Legal, click Restatements of the Law 2. Select the appropriate Restatement from the list in the right column Note: To search the rules and/or case citations from all of the Restatements listed, use the combined sources in the left column. Individual Restatements are also divided into rules and case citations under each specific topic on the right. To locate the Restatements of the Law: Restatements of the Law Secondary Source Research

26 Three Ways to Search Restatements of the Law: Full-text of source documents search – searches the entirety of the restatement 2. Table of Contents (TOC) only search - searches only the title/subtitle/chapter/section headings in the entirety of the restatement 3. Browse TOC – allows you to browse the table of contents for the selected Restatement Restatements of the Law Secondary Source Research 3 3. Browse the Table of Contents – drill down within the TOC by clicking the plus sign(s) to expand the relevant titles, subtitles, etc. to find pertinent section(s). Note: This method is most effective when you know what title (topic) or chapter (sub- topic) you are looking for.

27 A A.While browsing the TOC, both the Full-text of source documents and Table of Contents (TOC) only search options are available. B.The checkboxes to the left of the various titles, subtitles, etc. in the TOC can be used for selective document searching in combination with the Full- text or Table of Contents (TOC) only search options Restatements of the Law Secondary Source Research B

28 1. Be sure the radio button for Terms and Connectors is selected 2. Enter your search in the open search field (e.g., adequacy of consideration) 3. Choose to search the Full-text of source documents or Table of Contents (TOC) only 4. Click Search Restatements of the Law Secondary Source Research

29 Legal Dictionary Secondary Source Research

30 Retrieve definitions of terms typically used in the legal field using the various legal dictionaries available on the LexisNexis Research System: Ballantine’s Law Dictionary, 3rd edition The Law Dictionary Dictionary of Modern Legal Usage Modern Dictionary for the Legal Profession Legal Dictionary Secondary Source Research

31 Click Reference 2.Click Law 3.Click Legal Dictionaries, Combined Note: When looking for a definition, it is often best to search all of the legal dictionaries simultaneously. To locate the Legal Dictionaries: Legal Dictionary Secondary Source Research

32 1.Enter the term/phrase in the open field (e.g., mens rea) 2.Click the arrow next to the entered terms There is also a “Legal Dictionary” search template on the Law School Home Page Note: The Search Legal Dictionary search template only searches Ballantine’s Legal Dictionary, 3 rd edition. 1 2 Legal Dictionary Secondary Source Research

33 Secondary Source Research Quiz

34 1. Your Civil Procedure class has started talking about compulsory joinder under FRCP 19. You have read the few cases from your casebook on the topic, but still are not confident you understand it completely. What Federal Practice treatise would be a good source to search for additional information on joinder? What chapter of this source would be most helpful to you? Secondary Sources Research Quiz Question #1 Moore’s Federal Practice - Civil Chapter 19 deals exclusively with Compulsory Joinder Note: The numbered chapters in Moore’s correspond to the FRCP rule numbers.

35 2. Which of the following Restatements of the Law is available on LexisNexis? A.Contracts B.Property C.Torts D.All of the above Legal > Secondary Legal > Restatements of the Law This path will take you to the source selection page listing the various Restatements available. Secondary Sources Research Quiz Question #2

36 3. Your Constitutional Law class has been discussing the Establishment Clause in the context of the case of Cutter v. Wilkinson, a 2004 U.S. Supreme Court case on the issue. Your professor has suggested reading the amicus curiae briefs filed in this case for the upcoming class discussion. Although you have heard the term before, you want to find out exactly what amicus curiae means. What legal dictionary source(s) can help? Any of the following answers would be acceptable: Ballantine’s Law Dictionary, 3 rd Edition – available from the Law School Home Page and the LexisNexis Research System The Law Dictionary Dictionary of Modern Legal Usage Modern Dictionary for the Legal Profession Legal Dictionaries, Combined Secondary Sources Research Quiz Question #3

37 4. TRUE or FALSE: The Duke Journal of Gender Law and Policy is one of the publications included in the source US Law Reviews and Journals, Combined? TRUE Legal > Secondary Legal > Law Reviews & Journals Click the “i” Source Information icon for the source US Law Reviews and Journals, Combined Scroll the alphabetical list of law reviews/journals contained in the Source Information document to locate the journal title. Secondary Sources Research Quiz Question #4

38 5. How many Matthew Bender treatises dealing specifically with the District of Columbia are available on LexisNexis? A. Less than 3 B. 3 – 6 C. 6 – 10 D. More than 10 B Legal > Secondary Legal > Matthew Bender ® > By Jurisdiction > District of Columbia The following 5 sources should be listed: Criminal Jury Instructions for the District of Columbia Domestic Relations Manual for DC The Law of Evidence in the District of Columbia Standardized Civil Jury Instructions for the District of Columbia Wills, Trusts and Estates for the D.C. Area Practitioner Secondary Sources Research Quiz Question #5 LexisNexis, Lexis, LEXCITE, Shepard’s, Shepardize, Shepard’s Alert, and Martindale-Hubbell are registered trademarks, and LEXIS Publishing, Shepardized, Shepardizing, Shepard’s Signal, FOCUS, KWIC, QuoteCheck, and BriefCheck are trademarks of Reed Elsevier Properties, Inc., used under license. CourtLink is a registered trademark of LexisNexis CourtLink, Inc. Auto-Cite is a registered trademark of Reed Elsevier Inc. Matthew Bender and Moore’s Federal Practice are registered trademarks of Matthew Bender Properties Inc. © 2007 LexisNexis, a division of Reed Elsevier Inc. 0707


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