Legal Research (1999)

Assignment # 1 (Due Feb. 24)

This assignment is designed to give you some familiarity with the following six case-finding tools:

Corpus Juris Secundum

West Digest System (Federal Digest)

Westlaw

American Jurisprudence 2d

American Law Reports

Lexis

We urge you to use these publications and services in the order listed above for two reasons. First, we want to illustrate the links between the units of the West system (C.J.S., West Digests & Westlaw) and between Lawyers Co-op=s publications and Lexis. Second, this exercise will facilitate a critical comparison of the several units of these parallel, competing systems (C.J.S. vs. Am. Jur. 2d; West Digest vs. ALR; and Westlaw vs. Lexis). Your critical appraisal of competing methods and sources will be a pervasive feature of this course.

Now to the assignment. You are to explore case finding on the problem listed below next to the group containing your last name. Then, on a separate sheet of paper, submit your answers to the questions set out below. Be sure to put your name on the top, indicate the topic you are researching, and number each response. Your submission will be corrected and returned. Late submissions require permission from one of the instructors. This is the first of eight or nine assignments of which you are required to complete a minimum of six. Four of the assignments must be included in the minimum of six, and this assignment is one of the mandatory ones.

Problem Situations:

1. Under what circumstances can a labor union be decertified as a collective bargaining agent for a group of employees? (Butnick - Colon)

2. A college receives federal funds for its men=s and women=s athletic programs which consist of basketball, tennis, and golf for both men and women, and football for men only. A group of women athletes at the college has discovered that 60% of the funds go to the men=s football team. Is there any basis under federal law for the women to challenge how the college allocates these funds? (Feit - Huynh)

3. Can women=s health clinics receiving federal funds perform abortions? If not, can these clinics counsel clients regarding abortion? If they can perform abortions, are there any restrictions on the right to an abortion? (Manns - Parlow)

4. Can physicians in the United States ever distribute medications unapproved by the Food and Drug Administration? If so, under what conditions? (Raswant - Somin)

5. An immigrant enters the United States because of political turmoil at home. What does he or she need to show in order to be granted political asylum? What sorts of facts will the INS or a court examine in making this determination? (Stewart - Tuly)

* * * * *

Through the indexing in C.J.S., find the topic and section (s) dealing with your topic. (Note that this index is updated every year so it is unnecessary to check for pocket parts. If you don=t find a topic and section in 15 minutes, tell us which search terms you used and then just use the closest equivalent topic and section you can find.)

1. Give the correct Blue Book citation to the C.J.S. topic and section(s) dealing most closely with your topic.

2. Give the citation of one case in the main volume dealing with your problem.

3. (a) Is there a pocket part to this volume?

(b) If so, was any new material added to the section in which your case was cited?

4. What West Digest topic and key number, if any, were assigned to the subject of your problem by C.J.S.?

B. Using the Descriptive Work Index to the Federal Practice Digest find the topic and key number West assigned to your problem. If you don=t find a topic and key number in 15 minutes, tell us which search terms you used and find the closest equivalent key number. Then examine the case notes in the Digest under that topic and key number.

What topic and key number did you find through the Descriptive Word Index?
By consulting West=s Federal Digests, find and cite one relevant case.

C. Using the Words and Phrases volume of the Federal Digest, look up an important legal term or phrase from your topic. How would you compare Words & Phrases with the digest key numbers as a case-finding tool?

D. Consult the General Index to Am. Jur. 2d for the same problem in order to locate the most relevant topic and section of the encyclopedia, and answer the following questions. If you don=t find one in 15 minutes, use the closest equivalent.

What topic and section of Am. Jur. 2d covers this problem? (Be sure to consult the pocket part and to put your answer in Blue Book form.)
Cite a useful case found there, and the most recent ALR Annotation cited there, if any.
Examine the multi-volume ALR Index to Annotations (including its pocket part). Give the citation to the most relevant annotation you find there. If there are several, cite only the most recent. Don=t spend more than 15 minutes on this question.
Examine the most recent ALR annotation you found in question D.2 or 3, and (a) describe three valuable research features it offered; (b) then briefly describe what additional material on the Annotation was added in the pocket part to that volume, if any.

Using both Boolean and Freestyle, search the LEXIS library for a recent case on your topic. Give the search inquiries you used, the library and file that you searched, and the name and citation of one case you found
On Westlaw, try the following three different searches for cases on your problem and report what search you used for the following:

Terms & Connectors with the topic and key number found in question B (1) above.

A different terms & connectors search without the West topic and key number.

A WIN search.

a. Compare the results for your Boolean language and natural language searches on both Lexis and Westlaw, and indicate which produced more relevant results, which you preferred and why.

b. Compare your results from Lexis and Westlaw.

Shepardize the case listed next to the initial of your last name in each of the following Shepards sources:

Shepard=s Connecticut (or N.J.) Citations.
Shepard=s Atlantic Reporter Citations.
Lexis or Westlaw (indicate which you use).
Shepard=s Atlantic Reporter on CD-ROM (on Law School Network available in Library Reading Room PC=s).

A - L: Malone v. Santora, 135 Conn. 286, 64 A.2d 51 (1949).

M - Z: In re Karen Quinlan, 70 N.J. 10, 355 A.2d 647 (1976).

And answer the following questions:

1. What subsequent history, if any, is revealed?

2. Find one case which Shepards has listed as giving your case a specific treatment. Cite that later case and indicate the treatment given.

3. Describe the different coverage of sources provided by Shepards for the official and for the regional reporter.

4. Shepardize your case on Lexis or Westlaw (your choice) and on the CD-ROM available on the Law School network on the Reading Room PC=s. Compare the coverage of sources on the online service you chose and on the CD-ROM. Which was easier to use and why?