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Update! Citate!
100
What is a topic and key number and how are they used together?
Topics and key numbers are used as part of the West digest system. They are abbreviations of topics and subtopics in the West classification scheme. West editors classify issues addressed in case law according to the classification scheme and assign each issue a topic and key number. With relevant topic and key number legal researchers are able to find case law in any US jurisdiction that addresses the same issue.
100
Define: Treatise
Detailed scholarly analysis of an area of law, such as torts, contracts, etc. written by law professors, legal scholars, or attorneys, from one to several volumes in length. Contains extensive footnotes.
100
Define and contrast 'content driven' and 'source driven' databases.
Content driven: Searching for specific content, then filter by jurisdiction and authority. Source driven: Filter by jurisdiction and authority first, then search for content.
100
What are the 3 boolean operators?
AND, OR, NOT
100
Can you use Keycite to find cases addressing the headnotes in a case printed in the California Official Reports, (either Cal App or Cal)?
No!! Keycite only has the ability to track the WEST headnotes.
200
Define: Secondary Materials
Secondary materials provide commentary on the law (i.e.primary authority).
200
What is an ALR Annotation?
An annotation provides editorial comment and extensive references to primary and secondary material for a narrow issue of law. There is also a related case illustrating the legal issue covered in the annotation.   Bonus point!! Where else besides ALR can you find similar annotations??
200
Define: Case Law Digest
A digest is an index to the issues in the case law of a particular reporter or jurisdiction.
200
Define and give an example of a proximity connector.
A proximity connector indicates the degree of proximity between one search term and another. The closer the proximity, the higher the chances the terms are related. 'Syntax' or the symbols may vary by database. Here are two examples: Example 1: animal /s rights Example 2: law +2 student
200
Will a citator tell you if a case has been undermined by a statute, regulation, or rule?
Not directly. The citator can tell you if a cases has been undermined by a constitutional amendment, statute, regulation, or rule ONLY if a citing cases notes the impact of this law.
300
What is a headnote in a case and how is it used?
A headnote is a description of an issue of law addressed by the court in a case. They are usually written by editors who work for the publishers of the case reporter. (LEXIS headnotes are an exception) Headnotes are classified according to subject and may be given some abbreviation to indicate the subject matter (i.e. topic & key number). Headnotes are also organized by this classification scheme in a digest, as a way to find cases that address a particular issue.
300
Name THE two major legal periodical indexes.
LegalTrac and Index to Legal Periodicals
300
What is the difference between 'official' and 'unofficial' publications?
Official is sanctioned by (but not necessarily published by) the government, i.e. CA official case law is published by LEXIS, but the official United States Code is published by the US Gov't.
300
What term(s) will the documents retrieved from the following search on WEXBERG contain? sand! and sand* Bonus point: how can you tell if you can perform this type of search on other databases (Google, KIM System, etc.)
Results for sand! will contain any term beginning with the root 'sand', including the word 'sand': sand, sandy, sands, sandwich, etc. The '*' character holds only one space. It may be placed in the middle or end of a word only. Results for sand* will contain words such as: sand, sandy, sands or any other word with one letter or less after 'sand'
300
Define the following: a) Direct history of a case and b)Indirect history of a case
Direct history: Same parties, same issue, (same case!) up and down the appellate chain. Indirect history: Different parties, same issue. Cited by different courts in the jurisdiction.
400

In what court and jurisdiction is this case? 

59 F.3d 234 (9th Cir. 2000)


Federal court of appeals, 9th Circuit.


400
Name the titles of the two major CA legal encyclopedias. (One might be considered a 'hybrid' treatise/encyclopedia)
Witkin - Summary of California Law and CalJur
400
What is a 'filter bubble'?
A filter bubble is the name of a book written by Eli Pariser and the subject of a famous Ted Talk (viewed in class) which highlighted the negative issues surrounding personalized information streams.
400
What is a field search and what is a segment search? What system(s) are they available on?
Fields and segments are terms describing searchable 'sections' of documents in databases. Each database has different sections, depending on the type of documents contained in it. For example: the 'title' section for a law review article, or the 'attorney' section for a case law database. WESTLAW calls these sections 'fields', and LEXIS calls them 'segments'. This type of searching is available in many databases, sometimes in a 'form' format.
400
What is the Table of Authorities on KeyCite, Shepards and B-Cite and how does it function?
The TOA lists the cases cited by a case and shows whether those cases have negative history. It is useful for finding hidden weaknesses in cases because it shows whether the cases on which your case relies have significant negative history. It is also available for law review articles on WEXIS.
500
The Maryland Court of special Appeals (intermediate court) is deciding a case in which the parties have cited all the items listed below. Which of the following is an example of persuasive authority? 1- Dicta in a decision from the U.S. Supreme court 2- A decision from an Iowa state court 3- A decision directly on point from the MD Court of Appeals (high court) 4 - An article published in the University of Baltimore Law Review
1-Dicta in a decision from the U.S. Supreme court.

2-A decision from an Iowa state court.
4-An article published in the University of Baltimore Law Review.

500

Once you choose a secondary resource (in print format), what are 3 common ways to find relevant material within it?


After generating terms relevant to your issue, look in the Table of contents, Index, and Table of Primary Authorities.

500
Smith v. Jones is federal court case based on diversity jurisdiction. The issue: whether Oregon state law recognizes the tort of wrongful discharge. SCOTUS granted cert on this case and determined that Oregon *does* recognize this tort. A) Is the SCOTUS decision binding on the Oregon Supreme Court? B) Is the SCOTUS decision binding on the US Court of Appeals - 9th Circuit?
A: No! a state's highest court has final say law within it's jurisdiction. B: Yes, the 9th Circuit must follow the SCOTUS.
500
Explain how the following search methods work and compare contrast differences: Terms and Connectors, WESTSearch, and LEXIS Advance Natural Language
Terms and Connectors: Exact search of the full text of a database using boolean and proximity connectors, fields/segments, truncation and wild characters. Search results will exactly match your query. WestSearch: Available on WESTLAWNext - WestSearch uses a proprietary algorithm that searches primary and secondary sources, Topic & Key#s, KeyCite, along with usage patterns established by other WESTLAWNext researchers to retrieve results. LEXIS Advance / Natural Language: Uses algorithmic rules to evaluate relationships amongst search terms
500
1.  Verification of authority:  is your case still good law?   2.  Parallel citation 3.  Treatment of case by subsequent cases. 4.  Further research leads
4 reasons to use a citator
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