Skill 2: Locate a case by citation and update it
LexisNexis & Westlaw allow you to retrieve cases and other documents using their citations. With LexisNexis, use the Get a Document service to retrieve cases, statutes, law review articles, and other materials; with Westlaw, use the Find service. On LexisNexis, use the Shepard's citator to update and validate an authority; on Westlaw, use KeyCite.
LexisNexis and Westlaw provide editorial enhancements when publishing a case including a case summary and headnotes. Use the case summary and headnotes to determine at a glance the key facts, procedural posture, issues of law addressed, holding and outcome of a case. Use the headnotes to quickly locate those portions of an opinion addressing issues of relevance to your research. LexisNexis and Westlaw headnotes are component parts of the LexisNexis and Westlaw digest systems which allow you to locate cases by topic.
LexisNexis Copy w/ Cite and Westlaw Copy with Reference allow you to copy and paste text from a case along with a pin point cite. LexisNexis Copy w/ Cite also provides a link allowing you to go from your document to the case and cited text on LexisNexis.
Task 2(a): Use the LexisNexis Get a Document service to retrieve 54 F.3d 1262
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Click the Get a Document tab. Next, click the red Citation button (it may already be selected). Notice the additional buttons for getting a document by Party Name and by Docket Number. What Tips (
)
are available? -
Let's get a case. Enter 54 f3d 1262 in the Get by Citation box. Be sure the Full Text radio button is selected and click Get. Bluebook citation format will work for most documents. Use the Citation Formats link if you are unsure of the correct format.
You should now be viewing the case. Notice the new toolbars at the top and bottom of the screen. The top toolbar contains several useful tools and services including: Focus, More Like This, More Like Selected Text, Shepardize, TOA (Table of Authorities), Copy w/ Cite, Fast Print, Print, Download, Fax, Email and Text Only. The bottom toolbar provides four document navigation tools: Explore, Page, Doc and Term.
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Let's browse 54 F.3d 1262 using the scroll bar on the right. What is the name of the case? What date was it decided and by what court? Notice the LexisNexis editorial enhancements including Case Summary and Headnotes.
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Notice the 9 headnotes created by LexisNexis editors to describe points of law contained in the PepsiCo opinion. Headnote 6 describes a point of Illinois law on enjoining the inevitable disclosure of trade secrets. Click the (
)
icon to go to that portion of the opinion described by Headnote
6 and, once you are viewing the opinion text, click the (
)
icon to return to Headnote 6. -
The LexisNexis headnotes are a component part of a case digest system allowing you to locate additional cases on the same point of law. Notice point of law described by Headnote 6 is assigned to two topics. Click the Retrieve All Headnotes icon (
)
to the right of each topic to retrieve all cases with
headnotes classified under that topic. Click the More
Like This Headnote link to retrieve additional cases on the same
point of law but not necessarily classified under this
headnote. Click the Shepardize: Restrict By Headnote link to
locate cases citing to PepsiCo on the same point of law
discussed in Headnote 6. -
Return to the top of the case. Notice the yellow triangle (
)
to the left of the case name. This is a Shepard's signal warning
of potential negative treatment by a later court. Click the yellow
triangle to Shepardize the PepsiCo case.
The Shepard's citator service generates a list of later cases,
law review articles, and other materials that have cited to your
case. Shepard's helps you determine the prior and subsequent
direct and indirect history of a case. Shepard's is an extremely
valuable tool for updating and validating your research. Use
your browser's back button to return to the PepsiCo opinion. LexisNexis organizes documents into segments. Use the Explore tool at the left of the bottom toolbar to go to the opinionby segment of the case. Who authored the opinion?
Suppose you were looking for a point of law contained on page 1269 of the opinion. Use the Page tool at the middle of the bottom toolbar to go to page 1269. First select the appropriate reporter (F.3d), enter 1269 in the box (kind of tricky) and click Go.
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Suppose you wanted to find a specific term (such as isotonic) in the text of the opinion. Enter the term isotonic in the FOCUS Terms box in the top toolbar and click Go. Use the Term tool at the right of the bottom toolbar to go directly to the term isotonic. It should be highlighted in yellow.
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Suppose you wanted to copy a portion of the opinion with its citation and paste it into your own document. Highlight the desired portion of text and click the Copy w/ Cite link located in the top toolbar. Check the Copy reference as hyperlink box to create a url and link to the copied text.
Task 2(b): Use the Westlaw Find & Print service to retrieve 54 F.3d 1262
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Click the Find & Print link in the top frame to enter the Westlaw Find & Print service. Find is available for many types of legal documents. Notice the Find & Print box in the right frame including its result and delivery options.Note the extremely popular Substitute with Reporter Images result option. Notice the various Find command links in the left frame including Find a Case by Party Name. Click the Find Tips link near the bottom of the left frame. Note the extremely useful tips. Close the Find Tips window.
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Enter 54 f3d 1262 in the Find this document by citation box in the left frame and click Go. By the way, Westlaw offers help in the form of very useful citation templates if it has trouble interpreting your citation format.
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You should now be viewing the case. Notice the new left and right frames. Click the Full Screen icon (
)
located in the upper right to view the case in full screen format;
click the Split Screen icon (
)
to return to split screen view. Notice the two new context-sensitive
tabs in the left frame: Result List and Links
for. The Links for
tab contains many useful features including links to Full
Screen List, Locate in Result, KeyCite
Full History, KeyCite Direct History
(Graphical View), KeyCite Citing References, Monitor
With KeyCite Alert, Case Outline, Results
Plus documents, Table of Authorities,
and West Key Numbers. Make special note of the very
hard to find Tools menu at the extreme bottom right of the screen. -
Browse 54 F.3d 1262 using the scroll bar on the right. Click the West Reporter Image link or icon to retrieve a scanned image of the case in pdf format. What is the name of the case? What date was it decided and by what court? Notice the Westlaw editorial enhancements including the Synopsis and West Headnotes.
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Notice the 12 headnotes created by the West editors. Headnote 7 describes a point of Illinois law on enjoining the inevitable disclosure of trade secrets. Click the ([7]) link to go to that portion of the opinion described by Headnote 7; click the ([7]) link in the text to return to Headnote 7.
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The headnotes form the famously elaborate West Digest system of topics and key numbers that organize case law by subject. Click the (212k138.33) topic and key number link to retrieve all cases classified under this topic and key number ordered by most recent cases first. Clicking the Most Cited Cases link would retrieve the same list but ordered by most cited cases first. Click the KeyCite Notes icon (
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to locate cases and other materials that have cited to PepsiCo for the point of law contained in this headnote. -
Notice the yellow flag (
)
to the left of the case name. This is a KeyCite signal warning
of potential negative treatment by a later court. Click the yellow
flag to get the full history of PepsiCo including its subsequent
and prior history as well as its negative indirect history. (You
can also do this by clicking the Full History link in the left
frame.) Direct History Graphical View is extremely useful for
cases with complex procedural histories. Use the Citing
References link to generate a list of later cases, law review articles and
other materials that have cited to PepsiCo. KeyCite is an extremely
valuable tool for updating and validating your research. Westlaw organizes documents into fields. Use the Case Outline link in the left frame to go to the opinion field. Who wrote the opinion?
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Suppose you were looking for a point of law contained on page 1269 of the opinion. Select Go to Star Page from the Tools menu at the extreme bottom right of the screen. Next, enter 1269 in the Star Page box and click Go.
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Suppose you wanted to find a specific term (such as isotonic) in the text of the opinion. Click the Locate in Result link at the top of the left menu. Next, enter isotonic in the Locate Search Terms box and click Search. Use the left and right Term arrows in the middle of the bottom frame to go directly to the term isotonic. It should be highlighted in yellow.
Suppose you wanted to copy a portion of the opinion with its citation and paste it into your own document. Highlight the desired portion of text and select Copy with Reference from the Tools menu. Then click Copy and paste it into your document.
Congratulations! You located a case, learned a few navigation techniques, learned to copy with cite and were introduced to using Shepard's and KeyCite to update and validate cases. You were also introduced to LexisNexis and Westlaw case summaries, digests and other editorial enhancements. Next, we will explore the LexisNexis and Westlaw database directories and select a federal case law database.