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Unit 4-Module 6 (Legal Research I-Fall 2025)

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Transcript

Search Methods

Unit 4

Editorial Tools
Annotated Case
Agenda
Research Process
Hierarchy of Authority
Citator Signals
Citator Reports
"Good Law" Game
Case Search Practice
Checklist
Validation

1192

Module

Case Law & Validating for "Good Law"

Class Code

Contextualize your topic with a subtitle

module agenda.

hierarchy of authority

research process steps

Class 5 & 6 Objectives

annotated code parts

  • Search efficiently for relevant cases using various strategies such as search queries, topics/key numbers, citators, and secondary sources;
  • Distinguish between persuasive and mandatory case law, and published v. unpublished case law;
  • Validate cases using citators, while also recognizing hallucinated citations from Gen AI resources;

editorial case tools

case search methods

validating case law

citator signals

treatment reports

validation checklist

good law game

practice case search hypo

Search Methods
Editorial Tools
Annotated Case
Agenda
Research Process
Hierarchy of Authority
Citator Signals
Citator Reports
"Good Law" Game
Case Search Practice
Checklist
Validation

HIERARCHY of authority reminder.

Most Authoritative Least Authoritative

Constitutions

Statutes & Treaties

PRIMARY LAW

Regulations

Case Law

Restatements

Secondary Sources

Secondary Sources

Search Methods
Editorial Tools
Annotated Case
Agenda
Research Process
Hierarchy of Authority
Citator Signals
Citator Reports
"Good Law" Game
Case Search Practice
Checklist
Validation

WHERE are we in the Research Process?

Learn the law.

Secondary Source.

Analyze the law.

Primary Law.

Verify the law.

Validate.

Search Methods
Editorial Tools
Annotated Case
Agenda
Research Process
Hierarchy of Authority
Citator Signals
Citator Reports
"Good Law" Game
Case Search Practice
Checklist
Validation

anatomy of an annotated opinion.

  • Case info
  • Synopsis
  • Holdings
  • Headnotes/TN & KNs/Subject Headings
  • Opinion
    • concurring, dissenting, etc.
Search Methods
Editorial Tools
Annotated Case
Agenda
Research Process
Hierarchy of Authority
Citator Signals
Citator Reports
"Good Law" Game
Case Search Practice
Checklist
Validation

anatomy of an annotated opinion:

Editorial Tools.

    HEADNOTES

    Citators Reports

    Citing References, Decisions & Other Citing Soures

    Topic & Key Numbers/Topic Headings

    Other: History Map; Cited with; Dockets

    Narrow By/ KeyCite a Headnote

    Search Methods
    Editorial Tools
    Annotated Case
    Agenda
    Research Process
    Hierarchy of Authority
    Citator Signals
    Citator Reports
    "Good Law" Game
    Case Search Practice
    Checklist
    Validation

    case search methods.

    Search Methods
    Editorial Tools
    Annotated Case
    Agenda
    Research Process
    Hierarchy of Authority
    Citator Signals
    Citator Reports
    "Good Law" Game
    Case Search Practice
    Checklist
    Validation

    case search methods.

    Search Methods
    Editorial Tools
    Annotated Case
    Agenda
    Research Process
    Hierarchy of Authority
    Citator Signals
    Citator Reports
    "Good Law" Game
    Case Search Practice
    Checklist
    Validation

    validating case law.

    i.e., step 3 of the research process.

    • ALL primary law must be validated (cases, statutes, regulations)
    • Editorial tool – for researchers, these are available w/ subscription databases or in commerical reporters
    Citators Help To:
    1. Determine if a case is "good law"
    2. See what other decisions have said about holding
    3. Find more relevant primary law, esp. cases
    Search Methods
    Editorial Tools
    Annotated Case
    Agenda
    Research Process
    Hierarchy of Authority
    Citator Signals
    Citator Reports
    "Good Law" Game
    Case Search Practice
    Checklist
    Validation

    KeyCite vs. Shepard's Signals

    • Citators use special system of signals
    • Denote how holdings are discussed in later cases or by subsequent legislation
    Search Methods
    Editorial Tools
    Annotated Case
    Agenda
    Research Process
    Hierarchy of Authority
    Citator Signals
    Citator Reports
    "Good Law" Game
    Case Search Practice
    Checklist
    Validation

    treatment reports.

    • Never rely on the signal alone
    • Use the KeyCite or Shepard's report to view any citing cases
    • Reports can be organized by:
      • Treatment
      • Point(s) of Law
      • Depth of Discussion
      • Court (direct or indirect decisons)
    Search Methods
    Editorial Tools
    Annotated Case
    Agenda
    Research Process
    Hierarchy of Authority
    Citator Signals
    Citator Reports
    "Good Law" Game
    Case Search Practice
    Checklist
    Validation

    validation checklist.

    * If no signal or a positive signal, use those cases as more relevant authority

    Note the type of negative treatment AND the depth of discussion

    Check for a citator signal See guide for all signals

    Look at the citator's treatment report, i.e., citing cases

    If it has a red signal or a yellow signal, go into that case's opinion

    Note which case(s), if any, give negative treatment AND its jurisdiction

    See where it discusses case, and note the reasoning/if it affects the validity

    Search Methods
    Editorial Tools
    Annotated Case
    Agenda
    Research Process
    Hierarchy of Authority
    Citator Signals
    Citator Reports
    "Good Law" Game
    Case Search Practice
    Checklist
    Validation

    End of Materials

    To get to a report: Click the Shepard's signal anywhere it appears on the page. Select "Shepardize this Document" button on right. Go to the "Citing Decisions" tab.

    Using a Secondary Source

    As we just learned –

    • Secondary sources explain or contextualize the law
    • Citations to primary law often include case law
    • Sometimes includes its own digests, indexes/tables of cases

    LEXIS

    Using a statute or regulation

    • Notes of/to Decisions
    • Citing References/Citing Decisions
    • Shepardize a subsection
    • KeyCite or Shepard's Reports (Citators)

    WESTLAW

    To get to a report: Click Negative Treatment tab or KeyCite flag signal anywhere it appears. To get to procedural posture, select the History tab.

    *Note: HNs are NOT citable

    Field & Segment Searches for Cases

    Parties; Synopsis; Digest; Headnote; Opinion; Topic; Written by; Words & Phrases; Judge; Concurring or Dissenting Opinion; Attorney; Docket #

    1. Select Content Type >> Cases FIRST
    2. Can filter by jurisdiction pre or post
    3. Select "Advanced Search" under the search bar
    4. Input your keywords or phrases in form
    5. Press Enter!
    West's Key Number System & Lexis Headings
    • West's is most well-known and used method of subject searching
    • Developed by West, topic/subtopics are standardarized and rarely changed
    • Lexis uses topical headings above its headnotes

    Try it!

    • Mr. Ben Fowler owns a house in Athens next door to Mrs. Sandra Wade.
    • Sandra was walking back from the park with her dog Binky when she found Ben’s giant elm tree leaning against her metallic mint green 1963 Pontiac Tempest.
    • Athens had been experiencing heavy rains and the elm tree, which was located entirely on Ben’s property, was uprooted and fell onto Sandra’s Pontiac Tempest. The car was parked in her driveway. The roof of the car has been severely damaged.
    • Using Westlaw and Lexis, search for a case using a Boolean + segment search. Then find another by using a relevent HN or using a topic/key number.

    "One Good Case"

    If you find one on point case, you can use it to find many more.
    • Use its Table of Authorities
    • KeyCite relevant HNs and filter to jurisdiction
    • Use TNs and KNs, then filter to jurisdiction
    • Look at citing references, cited with option
    • KeyCite or Shepardize the case