SECONDARY SOURCE RESEARCH

Can Best Buy be found liable for Bob’s injuries when it failed to clear the parking lot?

Research Process:

1. Cla rify wha t you know a nd ge t instructions on expected outcome

2. Ma ke a resea rch pla n3. Genera te sea rch te rms4. Use seconda ry sources to find prima ry

sources5. Upda te your prima ry sources 6. Keep a resea rch log

Search Terms...

Broad Legal Concepts

Specific Facts

Torts parking lot

Negligence snow

Premises Liability ice

Slip and Fall store/business

How do I use broad concepts?

To filter our search results by topic, so they are more relevant...

To find a relevant chapter or section

in a secondary source...

To find books...

Tools for more effective keyword searching◻ Use terms & connectors (works in both Westlaw &

Lexis):⬜AND: Use this when you wa nt both words to a ppea r⬜OR: Use this when you wa nt e ithe r word to a ppea r.

Good for synonyms ex. hote l or mote l or inn⬜ /n: Use this to put two sea rch te rms close toge ther.

For exa mple , if I wa nt “ciga re tte” to be within 10 words of “lighte r”, I would sea rch: c iga re tte /10 lighte r

⬜ “”: use quota tion ma rks when you wa nt to crea te a phra se to sea rch for. For exa mple , the sea rch “res ipsa loquitor” will find those three words toge ther in tha t order.

Keywording searching cont.

◻ In Westlaw, to find all the connectors you can use in a search, click on advanced by the orange Search box.

◻ In Lexis, to find all the connectors, click on Advanced Search in the top right

◻ When using search within results, you MUST use terms & connectors searching in both Lexis AND Westlaw

◻ Use Lexis topics & Westlaw’s topics & key numbers to create a relevant body of cases and THEN search.

What are Secondary Sources?

● Secondary sources provide COMMENTARY and ANALYSIS of primary sources

● They also SUMMARIZE or COLLECT related primary law in a single location

● They often provide NARRATIVE EXPLANATIONS of complex legal concepts that would be difficult for an uninformed researcher to grasp

● They contain:⬜References to ca ses, sta tutes, a nd regula tions⬜ Topics & keynumbers⬜References to other useful seconda ry sources

When should you use a Secondary Source?

▪ When you are starting any research project▪ When you are researching an unfamiliar area of

law▪ When you are seeking primary persuasive

authority in other jurisdictions▪ When you are researching an undeveloped area

of law▪ When an initial search of primary sources yields

no authority, or too much authority

Types of Secondary Sources

▪ Legal encyclopedias▪ American Law Reports (A.L.R.

Annotations)▪ Treatises▪ Legal periodicals▪ Practice materials

What kind of secondary source should I use?

◻ I need a quick summary/overview of an area of the law so I can spot some preliminary issues.⬜ Encyclopedias

◻ I’d like to deve lop a deep understa nding of a n a rea of the la w, identify ma jor prima ry sources & understa nd how those sources work toge ther.⬜ Treatises

◻ I’d like to find the governing principles (with c ita tions to prima ry sources) in a n a rea of the la w in my jurisdiction.⬜ Treatises about a topic that focus only on my jurisdiction (ex. NY

Products Liability)⬜ Encyclopedias that focus on my jurisdiction (ex. NY Jur)⬜ American Law Reports (ALRs) - check the Table of Cases, Laws &

Rules

What kind of secondary source should I use?

◻ I’d like to learn about the historical development of an area of the law ⬜ Law review articles ⬜ Treatises

◻ I’d like to find ca ses tha t a ddress specific fa ctua l scena rios⬜ ALRs⬜ Encyclopedias

◻ I wa nt to ma ke a nove l a rgument or resea rch a deve loping a rea of the la w⬜ Law review articles

◻ I need to dra ft a document like a plea ding, motion or tra nsa ctiona l document:⬜ Form books & other practice materials

Steps for using a Seconda ry Source

In print, look for your search terms in...

The Index OR Table of ContentsStart with your broad

concepts of the law like Torts or

Premises Liability or Slip & Fall,

especially when using a Table of

Contents.

In an index, you can start broad like premises liability or slip and fall OR go narrow like snow or parking lot.

Starting with a broad legal concept

Now you can look for more precise facts...

Once you find a reference that looks useful, note down the citation and look it up. The citation usually refers to a paragraph or a page.

Using a secondary source in Westlaw/Lexis

⬜Choose a type of seconda ry source like encyclopedia s, trea tises, ALRs, or la w reviews BEFORE you search

⬜Choose a practice area first and then choose secondary sources, esp for treatises

⬜Don’t forget to check for treatises in your jurisdiction

⬜Don’t forget that indexes & Tables of Contents are useful electronically as well

After you’ve found a resource...

◻ Rea d the seconda ry source a nd note down useful prima ry source informa tion ⬜ Sta tute c ita tions⬜ Ca se cita tions⬜ Regula tions cita tions

◻ In print, update the secondary source to make sure you’ve found ALL relevant primary sources – use the pocket part!

◻ In an electronic resource, always scroll down to the bottom to check if there is a supplement that shows new cases.

Finding secondary sources on Westlaw

In Westlaw, to browse secondary sources, first select either “Secondary Sources” or click on “Practice Areas” tab to browse by topic.

Finding secondary sources on Westlaw

Clicking into “Secondary Sources” brings you to this screen, which lists all 4253 sources alphabetically – now it is CRUCIAL to select facets on left-hand side to limit down to relevant results.

Finding secondary sources on Lexis

Caution!

◻ The two most important things to remember when using a secondary source:⬜ It is up to you to rea d the prima ry source a nd do

your OWN a na lysis ⬜ Never cite a seconda ry source in lega l work. Cite

the prima ry sources you found IN the seconda ry source .

Encyclopedias & ALRs

Encyclopedias v. ALRs

Encyclopedias American Law Reports

● Explains the law● Citations to primary sources● Not citeable

● Case citations for many narrower topics

● Always has sources for multiple jurisdictions

● Lengthy discussion of topics● Chronological arrangement

● Explains the law● Citations to primary sources● Not citeable

● Cursory treatment of many topics

● Only some encyclopedias deal with multiple jurisdictions

● Short discussion of topics● Topical arrangement

AMJUR2d

CJS

Find us on the 5th floor of the library at call number KF154!

If you know the name of your secondary source, type it into the search box.

You can go to the Index by clicking here. Once you click this link, on the next page, click the first link titled “Table of Contents” to access the Index in its entirety.

Here, you can:1. Look for your search

term(s) in the alphabetical index OR

2. Use a Ctrl+F search to find your search terms OR

3. Search the Index using the search box at the top of the page.

Search term appears in the index. Click to see relevant entries related to this topic.

Citation information for this encyclopedia entry.

Table of Contents can be very useful for expanding on your search

If you know the name of your secondary source, type it into the search box.

Search using the search box

OR

by browsing the Table of Contents

American Law Reports◻ Explains law and gives you primary sources◻ Annotations are longish articles on narrow topics ◻ Especially useful for locating persuasive authority from

other jurisdictions◻ Articles are arranged in the books chronologically, not

topically ◻ ALR Fed (blue-green label) is for federal cases: 76

A.L.R. Fed 409 (1986)◻ ALR (red label) has state cases: 14 ALR 5th 47 (1993)◻ Citation information on p.156 of BB◻ ALR 3d – 6th are still recent enough to be useful◻ Available on Westlaw and Lexis

American Law Reports -Lexis & Westlaw

◻ ALR is located within the Secondary Sources category in both Westlaw and Lexis⬜ALR index in Westlaw only – type in “American

Law Reports” into main search bar to quickly link to ALR

⬜Then look to the right-hand menu bar to find link to “American Law Reports Index”

If you know the name of your secondary source, type it into the search box.

You can use the ALR Index or the search box at the top.

ALR Annotation (aka Article)

ALR Annotation (aka Article)

Here, we can use the Table of Contents to browse the Annotation.

First, we see the Article Outline. Click on any section to jump to the discussion.

Here, we see links to discussion of both sides of an issue.

ALR Annotation (aka Article)

Here, we can use the Table of Contents to browse our Annotation.

First, we see the Article Outline. As we scroll down, we can click on any section to see discussion.

This is an index to the ALR Annotation.

Treatises

Treatises

▪ Trea tises provide :⬜ a n in-depth discussion of a n a rea of la w by lega l experts.⬜ Useful for a na lysis of la w, expla na tion of how prima ry

sources inte ra ct, a s well a s c ita tions to prima ry a uthority.

◻ Trea tises ca n be single volume works or a se t of volumes.

◻ You wa nt to find a s recent a treatise as possible.◻ Ideally, you would like to find a treatise on your topic, in

your jurisdiction ex. New York Landlord & Tenant. ⬜ If that doesn’t exist, start with a general treatise on your

topic, then follow up with an encyclopedia in your jurisdiction to find the major cases on that topic

Look for the information symbol on electronic secondary sources in Bloomberg Law, Lexis or Westlaw and click on it to see if it is a treatise.

Remember to check the front pages of the book to review the author’s credentials

How do I know it’s a treatise?

◻ A trea tise is usua lly written by a schola r in the fie ld or a well-known pra ctitioner.⬜ALWAYS check for informa tion a bout the a uthor in the front

of your trea tise .■ If it’s a n e lectronic trea tise :

■ click on the informa tion icon by the na me of the trea tise■ Open up the trea tise to the first cha pte r a nd look for a link

tha t’s ca lled summary■ google the author

⬜What is the foundation of his/her claim to expertise? ■ Education■ Length of experience■ Employment experience

Multiple authors of essays in the same book...

How do I know it’s a treatise? ◻ A trea tise often (but not a lwa ys) ha s the na me of one of the

a uthors in the title ex. Corbin on Contra cts.◻ Ca sebooks a re not trea tises.◻ Trea tises a re typica lly not published by the government.◻ Trea tises do not ha ve “J urisprudence” or “Pra ctice Series” in

the title – these a re encyclopedia s or simila r publica tions.◻ Trea tises do not ha ve “Exa mples & Expla na tions” or

“Nutshe ll” in the title – these a re study a ids.◻ Trea tises do not ha ve “Newsle tte r”, “Deskbook”, “Ha ndbook”

or “Forms” in the title – these a re pra ctice ma te ria ls .◻ Trea tises a re not collections of essa ys or a rtic les.◻ Look for the informa tion symbol on e lectronic seconda ry

sources in Bloomberg La w, Lexis or Westla w a nd c lick on it to see if it is a trea tise .

Locating print or electronic treatises...

❑ Find a re leva nt resea rch guide tha t lis ts trea tises⬜ See our libra ry’s LibGuide on Trea tises:

http:/ /resea rchguides.la wnet.fordha m.edu/trea tiseguide⬜ Google research guide and your topic like securities

❑ Search the library’s on-line catalog⬜ You can find print AND electronic treatises including those on

Westlaw & Lexis⬜ When searching for a topic, use your broad area of the law as

a search term, like property or contracts or premises liability❑ Ask a reference librarian for a recommendation

To find information in a print treatise look for your search terms in...

The Index OR Table of Contents

Click your area of law in the Table of Contents to see major treatises available through the Library.

Use the call number to locate the print treatise in the Library OR click the database name to access it electronically (if available)

Call Number

To find both print or electronic treatises, try a treatise finder. The Maloney Library’s treatise finder can be found here: http://researchguides.lawnet.fordham.edu/treatiseguide

Use the call number to locate the print treatise in the Library OR click the database name to access it electronically (if available)

Index

Click the Table of Contents link to access the Index in its entirety.

Treatises: Lexis/Westlaw

▪ Wa ys to find trea tises e lectronica lly:⬜ If you know the na me of the trea tise you a re looking

for, sea rch for it in the libra ry ca ta log — we individua lly ca ta log a ll e lectronic trea tises a nd will deep-link you directly to them

⬜ Sea rch for the trea tise na me in ma in sea rch box on WL or Lexis

⬜Or find a re leva nt Topica l Area (see next slide) to find a list of seconda ry sources a va ila ble in tha t fie ld

▪ Once you loca te the trea tise da ta ba se , use the table of contents

To access secondary sources on Westlaw, on the main page, click Secondary Sources.

Use the filters on the left-hand side to narrow by: topic, jurisdiction, and/or type.

To access secondary sources on LexisAdvance, on the main page, click Secondary Materials.

Lexis – click on “Secondary Materials” and browse by type, jurisdiction or practice area

Law Review/Journal Artic les

Law Reviews & Journals

● Use lega l pe riodica ls for:○ ba ckground informa tion.○ cita tions to prima ry a uthority a nd other seconda ry

sources on the topic .○ in-depth a na lysis of a na rrow topic .○ informa tion on a conflic t in the la w or a n

undeve loped a rea of the la w.● Use Rule 16 in the BB for c ita tion informa tion

How do you locate a law review article?

◻ Use the La w Libra ry ca ta log (https:/ / libra ry.la w.fordha m.edu/) to loca te c ita tions to a rtic les. If full-text isn’t a va ila ble then:⬜ Use the Ca ta log or the J ourna l List (La w Libra ry homepa ge >

Resea rch) to find your J OURNAL title , NOT a rtic le title . ⬜ Check the da te of your a rtic le ca re fully to ma ke sure you

se lect the right da ta ba se .◻ Use Westla w or Lexis “La w Reviews & J ourna ls” da ta ba se◻ Use Google Schola r ◻ Use Hein Online if you ha ve a c ita tion a nd need a pa ge

ima ge

Click the Full Text link OR look up the journal title in the Library’s Journal List (see next 2 slides)

The Journal List can be accessed by clicking on “Research”

The Journal List will help you determine where and when we have coverage for every journal we subscribe to—remember, not every journal is on Lexis or WL!!

Finding cases on a topic

Can Best Buy be found liable for Bob’s injuries when it failed to clear the parking lot?

Search terms:

Broad:Torts, Negligence, Premises Liability, Slip & Fall

Narrow: parking lot, snow, ice

Process 1: Finding cases on a topic using “one good case”

1. Find a good case. A “good case” discusses the same legal issue you are interested in. Possible sources include secondary sources, annotated statutes, and annotated regulations.

2. Look up the case and check the headnotes, looking for useful ones.

3. For those headnotes in which you are interested, make a note of the Topic & Key Number or Lexis Topic string.

4. Look up the Topic & Key Number either in Westlaw to find other cases on that topic. In Lexis Advance, click on the most specific subtopic in the Lexis Topic string.

We found a good case in the ALR that talks about our issue. BUT it’s from Illinois and we are in NY.

In Westlaw, the text of headnotes is created by editors. In Lexis, it comes from the language of the case.

Remember - Headnotes are a summary of the major issues in a case. Westlaw and Lexis put them a the top of the case.

What is a Topic & Key Number?

◻ Westlaw created a classification system for legal topics. ◻ There are over 400 Topics in this system. ◻ Under each Topic, there are many subtopics.◻ Subtopics are assigned a unique number, which is

called a “Key Number”. A Key Number = a subtopic◻ Each headnote in a case is assigned a Topic & Key

Number by West attorneys.◻ Because cases can have a number of headnotes on

different topics, most cases will have one or more Topics & Key Numbers.

These are Topics. These are Key Numbers (aka

subtopics).

Most cases have many Topics & Key Numbers to represent the different issues (headnotes) in a case

Why are they called Key Numbers?

Click on Change View

This opens up a numerical organization system that mirrors the topical organization.

Each of the narrowest topics has a unique number, called a Key Number. You see Key Numbers listed in print & online materials.

How can Topics & Key Numbers help me?

◻ Headnotes summarize an issue in a case.◻ More than one case will have the same issue.◻ Headnotes that summarize the same issue will be given

the same Topic & Key Number across cases.◻ Once you find a headnote that represents an issue that

is important to your legal research problem, you can look up the Topic & Key Number assigned to that issue and find:⬜ ca ses with tha t issue in other jurisdictions⬜ ca ses with tha t issue but with different facts⬜ ca ses with tha t issue tha t a re newer.

Using Topics/Key Numbers in Westlaw

1. Find your case and go down to “West Headnotes”. Click “Change view” so you can see the Topics and Key Numbers

2. Scan the headnotes for relevant issues of law.3. Click on the most specific topic and keynumber that

looks relevant. For example 272k1131 – Snow and ice.4. Your initial results will be a list of cases from the same

jurisdiction as your original case. Make sure you change that at the top of the page, if needed.

Using Topics & Key Numbers on Westla w from one good

ca se

We have a case that talks about the issues we want to research but it is from Illinois and you are in NY. How do we find a NY case?

Identify the Headnote (HN) that discusses your issue.

Click on the subtopic that fits best.

Our jurisdiction right now is Illinois because we started from an Illinois case.

Change your jurisdiction to NY by hitting change.

Uncheck Illinois

Check New York.

Hit Apply.

Now, you can see all the cases on Snow and ice in New York.

Using Lexis Topics from one good ca se ...

Lexis Headnotes

◻ Lexis a lso crea tes hea dnotes for ca ses◻ They a ssign ea ch issue a Lexis Topic string ◻ Hea dnote is ta ken from the text of the ca se ◻ You ca n find other ca ses on your issues from a

hea dnote in a Lexis ca se by clicking on the most specific subtopic

Find a headnote that looks useful.

Find a useful Topic string and click the dropdown box. Then select Get documents.

Then you can filter by jurisdiction.

If you need more than one jurisdiction then Select multiple.

Finding Topics & Key Numbers on Westla w

How do I find the appropriate Topic & Key Number for my research problem if I don’t have one good case?

◻ Search the West Key Number System◻ Browse the West Key Number System◻ Look for Topics & Key Numbers in Secondary

Sources like the American Law Reports, encyclopedias or treatises

Process 2: Finding a Topic & Key Number when you don’t have one good case yet

Searching/browsing for Topics & Key Numbers on Westlaw

1. On Westlaw go to Key Numbers from the main page.2. Use the box labeled “Search for Key Numbers relevant to

your issue”.3. Make sure that you have selected the correct jurisdiction.

Under the search box, there is a link “Change Jurisdiction”.4. Don’t forget to browse the main Table of Contents for Topics

and Key Numbers for any that you may have missed but might be useful.

5. Filter by jurisdiction & court to find cases from the highest level of court.

6. Use “search within results” with search terms from the specific facts of your problem to find factually similar cases

You can use Topics & Key Numbers even if you don’t have one good case.

Click on Key Numbers.

You can find subtopics by clicking on a main topic.

You can also search for a Topic & Key Number with your search terms.

Here are topics & key numbers that Westlaw thinks are relevant, including the one we found through our one good case.

Finding Topics on Lexis Adva nce

Searching/browsing for Topics on Lexis Adva nce

1. On LexisAdva nce , go to “Browse” a nd click on “Topics”.

2. You ca n:a. Browse through the topics by clicking on a

major area of the law, like Torts and then selecting appropriate subtopics, like Products Liability & Types of Defects OR

b. You can also search for a keyword you’ve identified like “defect”. You will get results that show major areas of the law. Select one to see possible subtopics.

Using Topics on Lexis Advance

3. Click on the subtopic most re leva nt to you. To ge t a ll ma te ria ls on tha t topic , c lick on “Get documents”, then filte r by jurisdiction a nd court.

4. You ca n a lso “Add topic a s a sea rch filte r”. Use some sea rch te rms tha t represent re leva nt, specific fa cts in your resea rch problem.

Click on Browse

Select Topics

Look for a broad concept of the law that looks applicable.

Note that Lexis Topics are typically broader than Westlaw’s topics.

Selecting a topic reveals further subtopics

Once you get to a good subtopic, click on the dropdown arrow to reveal options.

You can add a topic to your search. Now, any searches I do in Lexis will be limited to material on liability where there are dangerous conditions on premises. This makes my search much more precise.

You can add more than one topic to your search by going back and looking more subtopics. Here we are adding materials on premises liability in stores.

Now, when we search Lexis we will find be searching materials on Premises Liability and stores and dangerous conditions.

Why use topics on Westlaw or Lexis?

Remember our goa l for sea rching from the 1st c la ss:

We wa nt to find a ma na gea ble number of the most re leva nt results .

How do we get a manageable number of re leva nt results?

Using the Topic & Key Number system we were able to build a nice set of cases that we KNOW are all about Premises Liability.

Then when we search within results with specific search terms, we know that our results should be very relevant.

Remember that since Premises Liability and Snow and iceare both part of the Topic & Key Number, you don’t need to search those words anymore. Concentrate on more specific search terms like rut or parking lot.

Evaluating Possible Cases

◻ Is the Ca se Ma nda tory or Persua sive?◻ Does the ca se la y out the lega l doctrine re leva nt to my problem?⬜ Concentra te on ca ses from the highest court in your

jurisdic tion◻ Is the ca se fa ctua lly simila r to mine?⬜ Use “sea rch within results” on Lexis or Westla w with sea rch

te rms representing specific fa cts from your resea rch problem. ⬜ Don’t obsess over this. If the re a re no fa ctua lly simila r ca ses,

look for ca ses dea ling with sa me lega l issues/doctrine .◻ Is it “Good La w”?⬜ Recency⬜ Ha s it been overturned?