Mastering Legal Research: Quick Guide to Effective Techniques Using Lexis
Valerie from Lexis offers a concise tutorial on efficient research methods for legal papers, covering search terms, major cases, and the new Rabble View feature.
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The 4 ways to Start your Legal Research
Added on 09/08/2024
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Speaker 1: Hi everybody, this is Valerie from Lexis. I want to give you a very short video on a quick little refresher for how to do your research for all your upcoming papers and stuff that you have going on. Try your best not to fast forward. You actually will need the information, I swear, and it will help you. I'll be quick, okay? As quick as I can. So what I'm going to do first is just tell you, there's basically four different ways to start any research assignment. I will cover all four. The first thing you have to do, let's just, I'll just have a couple scenarios. Scenario one, you don't know anything about your topic and you're just going to throw in some search terms, okay? So let's do that. Let's say that you are researching cell phone location, sorry, and whether or not that's a violation of the fourth amendment, okay? Now there's a recent Supreme Court case on this about whether or not they can use people's cell phone location pinging up to a cell phone tower to determine where defendants might be at a certain place and time. And the issue is whether or not they have to get a search warrant for it. The Supreme Court recently held that they did have to get a search warrant for it if it was within seven days. So that kind of left kind of a large open question about how the circuits might interpret when you might need it, you know, if it's longer than seven days, if it's shorter than seven days. So that's kind of what we're going to look at right now. Okay? So you know nothing. You're just going to shove some search terms in. I say cell phone location, fourth amendment, and I'm going to click here. We're also reviewing the terms and connectors in a few minutes. Now what I'm going to show you is this is something new on Lexis and I know it's going to really, really help you. Over here, it's called Rabble View. Lexis bought Rabble. I don't know if you guys are familiar, but first you run the search, then you click Rabble. What it does is it immediately will tell you what the major cases are, the leading cases. Okay? So right here, these are the leading Supreme Court cases, circuit court, district court. Now the bigger the circle, the more it is cited. If you click here, it'll give you like a little legend. So I can tell right now that there are two major Supreme Court cases on this. This one here, which is Riley, and this one here, which is Carpenter. Now Carpenter, if you notice, is the brand new case that just came out from 2018. So, but look at Carpenter is number 19 on your site list. So there's a good chance that you might not have gone down to 19 because apparently user analyzing user data shows that people don't go past the top 10 on their site list. So this is a way for you to know the major cases really quick. Okay? I threw in my search terms up here at the top. I can tell here, this is one major case. This is the new case. The reason that this particular little dot is small is because the size of it dictates how many times it's been cited by Shepherds. And so since it just came out, it hasn't been cited very much. But look, if you're doing research and if you're an app ad or something, this is so helpful. If you're in Law Review and you want to find interconnection between cases, you're like, wait a second, Riley is also conducted to Carpenter, but then look, all these lower court decisions are already citing this. So you want to know what is going on in the lower courts because the way that the law works is you're going to take these two cases right here to get the major area of law to get the major rule. And then you're going to look to the circus to see how it's being interpreted with the facts. So what you do then is you go up here and you search within results on a particular fact, or maybe you want to search on, you want to see how the court is handling a particular test. So you might say like expectation of privacy, right? That's the test. I expect, sorry. This is the test, right? That they use for the fourth amendment like this there. Then you can get an idea about how the court is using a particular test that we still got our major two Supreme court cases up. It changed. Now we've got Jones here. Didn't know that. So now we're going to look at Jones and see how Jones is connected to all these circuit court cases. We'll look at Riley and then look another two popped up. This is one here. This is number 28 on your site list. You know, you wouldn't gotten to that one. And then there's this one over here. Now this has moved to 42. So you want to then look and see how the lower court is interpreting this based on the Supreme court cases above here. All the little lines show what the shepherd signal is. Okay. So like that's actually too crazy. So let's go over here. This tells you that it's been following that that Carpenter followed Riley. It tells you with distinguished Jones. Very helpful. Okay. Let me show you where this is again. People have been loving this. It helps so much with research. I can't tell you enough how much it helps. Okay. So what I'm going to do is I'm going to click over here. So you guys just get know where it is. Okay. Oops. I lost my search terms. Hang on. Sorry, I have to redo it. Don't pass forward. Don't pass forward. Hang on. It's coming. It's over here in the corner of your site list. You can only find the ravel icon on the site list view. Okay. A couple other things that you may or may not know. This is going to tell you where all your search terms appear in the document. Fourth Amendment's purple. This is location. Maybe you only care about location. Now you know it's not actually being talked about all that much in your case. Oh no. Here it's a lot. If you click here, then it'll take you right into that paragraph. Okay. Now onward. Let's go back to the beginning. That's the first way you can get into your site list. Okay. Into starting your research. The second way you can start your research is, oh wait, you know what? Let me just do this terms of connectors. How I really want you to do the terms of connectors is to apply the following formula. I use my fact and I connect it with the same paragraph slash P and I connect it with my law. Fourth Amendment. Okay. Slash P. It's the only connector I want you to know. It's extremely helpful in narrowing down your results. You take your fact, you connect it with the slash P and then you put your law on the other side. Now this can change. This can be, this is Fourth Amendment very broad, right? But you can also make this the standard the court is using, right? Reasonable expectation of privacy. You can use that. Or you can put in something like maybe an element that might be very important for you that's going to be hard for you to prove. You'd stick this here, whatever that element might be. Okay. So that's how I want you guys to use your terms and connectors. I don't care about any of the other ones. This is the one. Okay. The formula. You take your legally significant fact, you connect it with the law. That's how you do it. Okay. That's the formula. If you start using it, you're going to see your results are going to get really good, really fast. So onward. That's first way. Second way. Sometimes you are given a leading case to start your research. How do you start your research when they say here, this is the big case on point for you. This happens a lot and this is what you do. You take the leading case that they give you. All right. We're going to use this as an example. You pull it up. You shepherd eyes it. No, wait, hang on a second. Don't do that. Here's the case, Jones. This came up in our rebel view. What I would then want you to, that's step one. You pull up the case. Okay. Step two, you find the head note that is most on point for you. Okay. Whatever it is that you care about, you want to go to that. So you might say, oh, I want to do the search seizure. Here we go. The government's installation of global positioning system. Look at this. This has been cited 306 times. It's been followed 19 and it's been distinguished 21 times. So you're like, okay, maybe I want to check that out. Maybe that's too many head notes. And I want to go to this one, which gives me head note number five, which you're actually looking for. I'm going to do this is you want to, you take your leading case, you find the proposition of law that is most on point for you. You shepherd eyes it. And then you can go down here and you either, and if you're in app ad, you would say, I want to, that my kid, my opponent is using this case. So I want to find cases that distinguish it so I can find weaknesses in their argument, or I'm trying to bolster my argument. So I'm going to find cases that actually positively follow it. The other way you can do this is you go down here all the way to the bottom. Okay. You want to just, I only want my reported cases. Let's start there. That helps the, helps you guys out. And then if you scroll down a little bit more, you can search within results down here and then you apply the formula. Okay. I might want to say whatever it is. I'll say, Oh, you know what? I want to use this idea of pinging. I want to use pinging cell phone location, pinging. How many use that concept of ping? You search within your results on that. That gives you 19. Okay. So what you're getting here is you're getting 19 decisions that site to your case. That's the major case you've been given also sites to the head note that you care about and is using the concept of ping. These cases will be very, very on point for you. Okay. And look at, here's our carpenter case, which is the case that came up in the rabble view. Okay. That's the new case. All right. Now move on. Third way. You can start your research. Okay. You start your research with a statute. They give you the statute that's on point. You go, okay, I'm going to look it up. 18 USC. This is actually a 1951 and I pull it. The statute's actually not on point for you, but I just want you to see it. It's not like relative to the cell phone thing we're doing. I pull it up. It's coming. Don't pass forward. It's coming. Okay. This is what I want you to look at. Okay. They say to you, here's the leading statute, the codified law on what I want you to research. Now go figure it out. What do you do? You pull it up and you go here, go to case notes. You click it. Wait, did I do that too fast? You go to go to case notes. Case notes are what the editors of this particular statute have felt like are on point for you. Okay. If you want to look at elements of the crime, you click over here, and this is going to give you a bunch of different cases that you can start off with that cite to your statute, but just specifically deal with elements of the crime. There's a lot of other ways you can do this. Okay. The other thing that's nice in here is if you want to know something specific, then you can search right in your results on what you might want to know. If it's paying, you can also use all the terms of connectors. So it's better than using control find. All right. Okay. So that's that. I want you to go to case notes now. So we covered ravel when you don't know anything. Okay. And you just are throwing search terms in. We covered you get one case, you shepherdize it. You get a statute, you go to go to. And then what you do is once you figure out which one of these cases is good for you, let's go back over here. I forgot to mention this. And you think, oh, you know what? This is a really good case for me. All right. Great. Then you apply step one. I mean, then you apply what you do when you're given a major case on point, then you pull it up and then you shepherdize it. So it's all linked together depending on where you start. If once you find it, then you can apply other steps. Okay. Onward. This is my preferred way of starting research. You guys don't always do it this way, but it is, I recommend starting with ravel view and then coming and going to your secondary source. The reason that you do that is because it just helps you know more about your issue. Okay. So I'm going to do, I'm going to apply my search terms. Okay. I'm going to say cell phone within the same paragraph as location. This also has to do with location, meaning like the facts that I'm dealing with within the same paragraph as fourth amendment, which is my law. So I'm using my formula. Okay. I search across everything this way. I just want to find out a little bit more before I go into my, uh, to, before I go into case law, I go here, I go up here to the top. I click on secondary material. And I'm going to narrow this by us federal jurisdiction because that's the area of law that I'm in. So when that comes up, I'm going to narrow that. And then I'm going to narrow by, I'd go us federal, and then I'm going to narrow by treatise. Okay. Don't fast forward. Okay. This is good. You guys are going to want this. And then I'm narrowed by treatise. Okay. Which I guess I don't really need to do. Um, I'm going to click on the first one, prosecutors manual for arrest search and seizure. And the reason I'm clicking on this by the way, is because when I read this, it says applying standard fourth amendment doctrines in the digital context. So that to me seems pretty on point. And then as you read further, it's the searches of digital data devices and records under the fourth amendment. Okay. To me, that's worthy to click. This is going to help you. Okay. You just have to know how to access it. So just remember now I've told you guys this before, this is all good and fine to kind of start reading. But if you really know what you're looking for, you always want to click over here on the table of context table of contents. And then it says here particular devices or data. Now I ended up clicking on there because I want to know how cell phones are being used. Now there's another way I could have done this. Actually. I could have clicked up here and type cell phone as well, search. And then I could just go from search from term to term inside of here. There I can go from term to term. I could do that too, but I actually prefer this. So I'm going to click here. That's why it's so important to open up this table of contents. Okay. Particular devices, cell phone. Now look at this. So beautiful. There's the Riley case we saw in the rabble view. Okay. So rabble was right on as it keeps on going. You keep on reading now, just so you know, if you start in the secondary material and you see Riley, then you apply the step when you're given a major case to start your research, you click Riley, you read it, you go to the shepherd, the shepherd, the head note that you then shepherd eyes, a head note that represents the proposition of law that you care about the most. So it's all connected. Okay. Now let's just say, all right, that you really got into this and you read the whole thing, which I promise we won't do together. You, you actually know by reading this, that there's an area of, there's a statute that's right on point. Now you didn't know that just from reading the cases right away. Now that you know that you can add that in. Okay. Is this a computer storage act? You can add that into a search term, or you could just take that out completely fourth amendment and just focus on, you know what? I probably wouldn't do that. You would add in your additional law. I would say with the same paragraph is this, and then, or actually I probably would do this to be honest, fourth amendment, because I want to know how those two are related. And then, and I'm just going to stick in just this particular popular name of the statute. Okay. And then click like this. Now let's just see for a second. And then, and then that's it. The whole class is over, but let's just see for a sec, how that changes our rabble view. I'm just curious because you can start with a secondary source, pick up some good search terms from your secondary source, your treatise, and then go to rabble. Then you go over here and you go to rabble view. This picks up U.S. Free Graham. This is actually the case that was on cert to the Supreme Court that split with other cases. Okay. So this is the Supreme Court case. That's, this is Carpenter. First case that comes up here. Then how's it being interpreted? And you go down to the stat, into the circuit courts to figure out how the lower courts are interpreting this. Okay. It's really a good way for you to pick up cases that you might ordinarily miss. Cannot recommend enough. You'll know right away what the major points are, what the major cases are on point. So remember you go here when you go to want to go to secondary material and that's it. If you guys have questions, let me know. I try to make it quick. But you guys know how to find me. I'm going to stick this on my YouTube channel. There's a lot of other stuff that's good on there for you guys, if you're interested.

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