Speaker 1: This semester, you will begin learning how to conduct online legal research through a series of Lexis videos and training sessions. Becoming a proficient researcher on Lexis will help you succeed in your legal writing course and prepare you for the type of research you will need to do for your future employer. Hello and congratulations on beginning your law school journey. This is your dedicated Lexis Research Consultant, Kate Montgomery, and this video will introduce you to conducting basic legal research on Lexis+. To get you acclimated to conducting effective legal research on Lexis+, I will use the Alexander Monroe Hypothetical to go over search strategies and logic on Lexis+, how to find relevant statutes, how to find relevant case law, and Shepard's, Lexis' exclusive legal citator. By the end of this training video, you will have the skills you need to complete basic legal research required for your upcoming assignments and beyond. First, I will go over how to create a research plan, the most efficient search methods on Lexis+, and where to find a record of your searches. Whenever you receive a new research assignment, you should start by discovering the subject matter or the issues and facts that you need to find, the jurisdiction or the scope of the assignment, and the deadline. You know that you're dealing with the criminal prosecution of a homeless man, Alexander Monroe, in Illinois. You suspect that criminal trespass may be involved, so you want to research Illinois state law on criminal trespass to real property. Lastly, you know that you have upcoming research assignments on this topic due soon, so let's dive in. The most effective research strategy is illustrated in this image. Start with secondary sources, then move to primary authorities such as statutes and case law, then validate your research using a citator. No matter what topic you are researching, this process will remain the same. You can use this strategy on every research assignment you receive in law school and in your future practice. To put this process into practice, log into your Lexis account by going to plus.lexis.com. Once you are logged into your Lexis account and ready to begin your research, you can enter terms into the search bar to find secondary sources and primary authority on this topic. There are two different search methods available, natural language searching and terms and connectors or Boolean searching. Let's start with natural language because you already know how to use this search method. Natural language is how you search on Google or other internet search providers. Enter a question, phrase, terms, whatever it is you're looking to find. So for example, enter criminal trespass and hit search. Viewing the category menu on the top left of the page, this search has retrieved secondary sources, cases, statutes, and more on this topic. This search has returned a very large number of results. On each category page, these results will be ranked by relevance. With the Lexis Plus search algorithm, you can expect to find the cases most relevant to your search at the top of the results list. Natural language is quick and easy to use, but you can expect that you will receive a large number of results. To write a more concise search, use a terms and connectors or Boolean search. Click Lexis Plus to go back to the home screen. Terms and connectors on Lexis Plus allow you to craft targeted searches for specific terms, often in a specific order or proximity. Creating a terms and connectors search helps you quickly get the most relevant results. The three connectors used most frequently in online legal research are OR, AND, and WITHIN. This training will focus on these three connectors, but let's take a quick look at all available connectors. You do not need to memorize the connectors because you can quickly access them on Lexis Plus by clicking on Advanced Search beneath the search bar. On this page, find all terms and connectors listed on the right column. OR is the broadest connector, finding documents that contain one term or the other. For example, let's say you want to research whether Alexander Monroe committed criminal trespass when he entered the Hernandez property. Search for documents that contain HOUSE or HOME or RESIDENCE or PROPERTY. The AND connector requires that both terms are mandatory in the document. For example, ADD and CRIMINAL TRESPASS. Narrow the search further by using the WITHIN command. The forward slash followed by any number places the search term within a certain proximity of each other. For example, changing AND to WITHIN 10 would find HOUSE or HOME or RESIDENCE or PROPERTY within 10 words of CRIMINAL TRESPASS. This is now a proficient terms and connectors search, but before running this search, notice that the template searching is also available under Advanced Search. So rather than writing your own terms and connectors search, you can simply fill out the template then click ADD, and the system will automatically formulate an expert term and connector search on your behalf. Once the search is entered, simply continue with the research strategy by using the categories to start with secondary materials, then moving to primary authorities such as cases and statutes, then validating your research using Shepard's. True to the method described, I'll first take a look at secondary materials. At the top of the page, find the search terms that were used in the search. Then to the right of those terms, find the search tree icon. The search tree provides a visual representation of the Boolean search, how the search was run, and how each connector affected the search. Across the top, notice that if each of these terms have been run independently, there would be several thousands of results. But by adding the connectors, the search was narrowed significantly and the most relevant results were surfaced. Using the Lexis Plus search tree is the best way to understand a search query and will help save time during the research process as you learn to better refine your results. Going back to the search string, notice that each of the search terms has been assigned a unique color. Then these colors display in a bar within each search result. This is called the search term maps. You can quickly scan your site list using the bar to find where and how search terms are being used within this document, allowing you to quickly determine a secondary source's relevancy to your research needs. To the left of the site list, filter to easily narrow the search results to find the best sources for your research. For example, use Treatises and Guides to filter to find expert analysis on your topic, and the Jurisdiction filter to find information specifically on Illinois state law. To keep track of your research, the system automatically creates a record of each search. Click History at the top right of the page to find your most recent searches. Click the View All History to find all searches from the past 90 days. Use this record as a checklist to ensure you have completed thorough research using the strategy outlined in this video. You now know the best research strategy and search methods on Lexis Plus. Next, I'll discuss how to find statutes relevant to the Alexander Monroe case. Again, you know that you're dealing with the criminal prosecution of a homeless man, Alexander Monroe. You suspect that criminal trespass may be involved, so you want to take a look at the Illinois State Statute, also referred to as the Code or Law, on criminal trespass to real property. There are four different ways to find the statute. First and foremost, if you are given the unabbreviated name, Criminal Trespass to Real Property, 720 Illinois Compiled Statutes, Chapter 720, Section 5-21-3, but you do not know how to correctly enter that citation, you can find it by using the Citation Format Assistant. Under the search bar, select the Tools tab, then select Get a Doc Assistance. Since you know the citation, use the Citation tab. Select Content Type, Statutory Codes, select Jurisdiction as Illinois. Then simply click on the correct citation format, Illinois Compiled Statutes. This will provide two fields for you to enter the chapter in the first box, 720, then the section number in the second box, 5-21-3. Notice there is an example for you to look at to see how the numbers should be formatted. Then click Get Document to retrieve the statute. If, however, you are given an abbreviated citation, such as 720, Illinois Compiled Statutes, 5-21-3, you can find it by simply typing it into the Lexis Plus search bar and running the search. Lexis Plus will bring you directly to the statute. You don't need capitalization, punctuation, or section symbols to run the search. You just need the chapter, 720, codebook abbreviation, Illinois Compiled Statutes, and section of the statute. If you do not know the statute citation, you can still find the correct law easily by searching through Illinois Compiled Statutes. Simply enter Illinois Statute into the search box and then select the suggested source, Illinois Compiled Statutes Annotated. An annotated codebook is one that contains only the text of the statutes, but also editorially content, such as legislative history of the law, amendments, and a list of important cases that have interpreted and applied the statute. Once you've selected the source, Illinois Compiled Statutes Annotated, you will see the table of contents for the source. Here you can point and click through the various chapters and sections of the code, such as Chapter 720, then Criminal Code, then Criminal Code of 2012. Continuing further, you could select Title III, Specific Offenses, Part C, Offenses Against Property, Article 21, Damage and Trespass to Property, and finally Subdivision V, Trespass. However, there is a much easier way to search through the code. You can enter a search term at the top of the page to sift through the entire code, or just through the table of contents. Searching the table of contents only searches just the headings of each code section. When I enter Criminal, Trespass, and Real Property into the table of contents search, you'll see that I find it right away. Last but not least, alternatively, you could run a broad search on a topic from the home page, then narrow to your source and jurisdiction. For example, enter the phrase Criminal, Trespass, and Real Property into the search bar, then select Statutes and Legislation, Jurisdiction Illinois, and then Codes. In this case, the first result brings us to the desired statute. As you can see, any of the options using the Get a Doc Assistance, entering a statute citation, searching through a table of contents, or running a broad search, then narrowing to a specific jurisdiction and source will quickly retrieve the statute at issue. Once you've located your desired statute, begin by reading the plain language of the statute at the top of the page. To view related statutes and gain context, click the Table of Contents tab on the left to open this chapter of the Illinois Compiled Statutes Annotated. This will enable you to quickly find other statutes that may be relevant to your research. Click on the search term tabs to fully see the depth of content on the statute. Annotated statutes on Lexis Plus include History, Annotations, Case Notes, and other research references and practice guides. The History section provides the statute's enactment date and dates of subsequent amendments. The Case Notes section provides a list of topics that you can select from that are relevant to the statute. Then you will find a list of cases that have interpreted and applied the statute for that topic. And finally, the Research References and Practice Guides provide a list of other sources such as secondary sources that will help you more fully understand the law. Use the scroll bar to quickly locate the exact content you need. When you are conducting statutory research, the Case Notes are very helpful notes on decisions related to the statute. Here you'll find a list of important cases that interpret and apply the law, located directly under the statute. Simply select the topic of most importance to you, for example, Necessity, to find many helpful cases for your research. To find additional cases citing to the statute, find Citing Decisions at the top of the page. This provides all cases that cite to the statute so you can determine how courts have interpreted and applied this law. Use the filters to find cases from your jurisdiction and apply other filters to find the exact precedent you need. As you can see, the annotated statutes on Lexis Plus provide a wealth of information to help you conduct thorough statutory research. You now know how to find a statute and expand your statutory research using Lexis Plus. Next, let's talk about finding pertinent case law. Let's say you would like to retrieve the Supreme Court case County of Washington v. Gunther 452 U.S. 161. You could enter the party names, separated by a V. As you enter case names, citations, or terms, the system will generate suggestions to help you refine the search. Click directly on the case name to view the case. Alternatively, you could search for the citation 452 U.S. 161. You don't need capitalization or punctuation to run the search. Only the correct volume, reporter, which is the name of the case law publication, and page number of the case. Then click the search icon to retrieve the case. Now, let's say a senior attorney suggested you read People v. Silva, a 1993 case from Illinois, as it relates to the Alexander Monroe case. We don't have a citation for this case, and People v. Silva is a very common case name to enter and find in Lexis Plus suggestions. Type People v. Silva in the search bar. There are many cases with these same party names, and only a few of them are suggested in the word wheel. You can select search to find all cases with these party names. Then, we will use our post search filters to narrow down to find our case. First, we'll narrow down to cases from Illinois. Next, we'll use the timeline to limit all cases from 1993. After retrieving a case on Lexis Plus, you'll find the case name and citation at the top of the page. You can copy the citation at the top, but please make sure to use your bluebook to ensure you've properly cited the case. If you're reading an opinion and want to know what page you're on, begin by looking at the top of the case where the reporters are listed. These are the different publications of this case. This case was published in the sources Illinois Appellate Court Reports 3rd, Northeastern Reporter 2nd, and Illinois Appellate Reports Lexis Publication, and the Illinois Decisions Reporter. Each of these reporters has a certain number of stars next to it, and one is bolded. You can select the reporter's pagination you would like to have bolded throughout the opinion, but the default is the preferred reporter. Then, as you scroll through the opinion, you'll find brackets with stars and numbers in them. This shows you what page of the reporter you are viewing. So, for example, if we toggle to the opinion from the search term map, we see that the opinion begins on page 414 of the Illinois Appellate Court Reporter, 949 of the Northeastern Reporter, and 485 of the Illinois Decisions Reporter. Since the Lexis Reporter is an online publication of the case, it would start on page 1, and you will see page 2 as you read further down the page. Next, scroll to find the case summary. This is a brief of the case that has been written by a skilled attorney editor. The case summary is organized by procedural posture, overview, and outcome, so that you can quickly be informed about the parties, facts, and rulings in the case. While this is an excellent resource, do not rely on this section alone to understand the case. You will need to read the judge's opinion, which we will get to again momentarily. Beneath the case summary, you will find Lexis headnotes. These are important rules and holdings that have been extracted from the case, organized by legal topic. If you find a headnote legal topic that is directly on point to your research, you can click on that topic and click get documents in order to expand your research. By doing this, you will find other cases in that headnote category, or you can click on more like this headnote to find cases with similar headnote language. Finally, beneath the headnote, if applicable, you will also find recommended secondary sources to expand your research on the topic. Lexis headnotes are not just a summary of that point of law, they contain the exact language of the court in this case. So, to quote this text, simply click on the down arrow and it will take you to that headnote language and the actual opinion. Then use your cursor to highlight that text and click copy advanced. Here you'll find the quote along with the correct pinpoint citation. That could be copy and pasted into a class assignment notes or a research outline. A pinpoint citation is a citation that includes the exact page number a particular text is found and a particular reporter. Be sure to read the entire opinion before citing to it. If you use the search term map to click opinion, you can begin reading the full court's opinion here. If this is an important case for a class or research project you are conducting, save a copy of it by clicking on the folder icon at the top of the page to save the case to a folder. Or click the printer icon to print the case. You now know how to conduct basic case law research on Lexis+. Lastly, I will cover what Shepherds is on Lexis+. The last step in the research process outlined at the beginning of this video is to validate your research with a citator. A legal citator is a tool that allows you to track the history and treatment of your case by subsequent courts. And Shepherds is the legal citator found exclusively on Lexis+. No matter how persuasively you write your legal arguments, you must cite to strong valid precedent to make your case. Once you find a relevant case, it's important to validate that authority to ensure it remains strong precedent or that it is still good law. You will do that on Lexis++ by shepherdizing any authority that you plan to use in your research. Let's take a closer look at People v. Silva. The red stop sign indicates that at least one holding in this case has been overruled. In other words, it is your job to determine if the holding you're hoping to rely on is the one that's overruled or not before relying on it. We'll see on the right side of this case there are 19 cases that have since cited to People v. Silva. We will want to go through the case to determine People v. Silva's validity. For right now, however, just remember that a legal citator is a tool that allows you to track the history and treatment of your case, and we will explore this tool more in the coming weeks. You now know what a legal citator is and that Shepherds is exclusively found on Lexis+. Now you know the best research strategy and search methods on Lexis+, how to find statutes and case law from full or partial citations, and what the legal citator Shepherds is. If you have any further questions about anything covered in this training video, please reach out to your professor or me at caitlin.montgomery at lexisnexus.com. Thanks for watching.
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