9
Volume 2, Issue 2 Announcing: Pleading & Practice Online and SmartRules Spring/Summer 2010 News From… The Alameda County Law Library 125 12th Street Oakland, CA 94607 (510) 208-4800 Points of Interest : Borrowing Privileges : ANY attorney can ob- tain a library borrowing card for a fee of $5.00. Collection Strengths : -California practice guides published by Rutter Group, CEB, and Matthew Bender. -Extensive Taxation, Bankruptcy & Federal Practice collections. Free Electronic Ser- vices : Westlaw, Lexis, Shepards, OnLaw, Ver- dictSearch, SmartRules & HeinOnline. MCLE : CDs & DVDs available for rent. Conference Rooms: available for rent. Wi-Fi Hotspot! SmartRules 2 New Practice Guides 2 NITA Library 3 Public.Resource.Org 4 Background Research 6 Book Reviews 4-6 MCLE Programs 5 Oldies...Goodies: ALR 7 Inside this Issue: Key Numbers 7-9 California Forms of Pleading & Practice Free on Library Computers The law library is pleased to announce the addition of California Forms of Pleading & Practice to its LexisNexis subscription at the Main and Branch locations. Spanning 51 volumes, California Forms of Pleading & Practice has long been the cornerstone of the library’s print collection, and we are excited to offer this resource in electronic format. Through LexisNexis, users can search and retrieve content from California Forms of Pleading & Practice through natural language or terms and connectors searching, or ―browse‖ individual volumes through the expandable directory format. Divided into 579 chapters presented in alphabetical order, California Forms of Pleading & Practice offers encyclopedic coverage of civil actions from Abatement of Actions through Zoning and Planning. Each chapter consists of four parts- Legal Background (governing law), Research Guide (cross-references to primary and secondary authorities), Procedural Checklist, and Forms (form templates with explanatory text). Content can be downloaded in Word or PDF formats and printed at a cost of .25/page, or emailed or saved to a flash drive free of charge! Cont’d on page 2….

News From - ACGOV. · PDF fileIllinois, Maryland, Massachusetts, Missouri, New Jersey, New York, Nevada, Ohio, ... brief writing, ... Lawyers and their Clients

  • Upload
    vocong

  • View
    214

  • Download
    2

Embed Size (px)

Citation preview

Page 1: News From - ACGOV. · PDF fileIllinois, Maryland, Massachusetts, Missouri, New Jersey, New York, Nevada, Ohio, ... brief writing, ... Lawyers and their Clients

Volume 2, Issue 2

Announcing: Pleading & Practice Online and SmartRules

Spring/Summer 2010

News From… The Alameda County Law Library

125 12th Street Oakland, CA 94607 (510) 208 -4800

Points of Interest:

Borrowing Privileges:

ANY attorney can ob-

tain a library borrowing

card for a fee of $5.00.

Collection Strengths:

-California practice

guides published by

Rutter Group, CEB, and

Matthew Bender.

-Extensive Taxation,

Bankruptcy & Federal

Practice collections.

Free Electronic Ser-

vices: Westlaw, Lexis,

Shepards, OnLaw, Ver-

dictSearch, SmartRules

& HeinOnline.

MCLE: CDs & DVDs

available for rent.

Conference Rooms:

available for rent.

Wi-Fi Hotspot!

SmartRules 2

New Practice Guides 2

NITA Library 3

Public.Resource.Org 4

Background Research 6

Book Reviews 4-6

MCLE Programs 5

Oldies...Goodies: ALR 7

Inside this Issue:

Key Numbers 7-9

California Forms of Pleading & Practice Free on Library Computers

The law library is pleased to announce the addition of California Forms of Pleading &

Practice to its LexisNexis subscription at the Main and Branch locations. Spanning 51

volumes, California Forms of Pleading & Practice has long been the cornerstone of the

library’s print collection, and we are excited to offer this resource in electronic format.

Through LexisNexis, users can search and retrieve content from California Forms of

Pleading & Practice through natural language or terms and connectors searching, or

―browse‖ individual volumes through the expandable directory format.

Divided into 579 chapters presented in alphabetical order, California Forms of Pleading &

Practice offers encyclopedic coverage of civil actions from Abatement of Actions through

Zoning and Planning. Each chapter consists of four parts- Legal Background (governing

law), Research Guide (cross-references to primary and secondary authorities), Procedural

Checklist, and Forms (form templates with explanatory text).

Content can be downloaded in Word or PDF formats and printed at a cost of .25/page, or

emailed or saved to a flash drive free of charge!

Cont’d on page 2….

Page 2: News From - ACGOV. · PDF fileIllinois, Maryland, Massachusetts, Missouri, New Jersey, New York, Nevada, Ohio, ... brief writing, ... Lawyers and their Clients

PAGE 2 VOLUME 2, I SSUE 2

Cont’d from front page….

Create a Compliance Checklist with SmartRules!

The Alameda County Law Library has purchased a subscription to

SmartRules, an online tool that allows users to generate procedural guides

that summarize the requirements and time limits for drafting, filing, and

serving a variety of court documents, with citations to the applicable state

and local court rules and statutes. In addition to the filing and service

requirements, each guide provides a concise description of the mandatory

elements of the pleading or motion, grounds for bringing or opposing the

action, and any accompanying papers. SmartRules is updated daily to

reflect the latest changes to court rules and statutes affecting filing

requirements.

SmartRules guides are available for pleadings, Case Management State-

ments, applications, motions and oppositions, discovery requests and

responses, proposed orders, and many other court documents. To generate

a guide, users simply select the court in which they are appearing

(ex. Alameda County Superior Court), and the type of document they must

prepare (ex. Motion for a Continuance). SmartRules reports are available

for California state and federal trial courts, and for select courts in the

states of Connecticut Delaware, District of Columbia, Florida, Georgia,

Illinois, Maryland, Massachusetts, Missouri, New Jersey, New York,

Nevada, Ohio, Pennsylvania, Texas, and Virginia.

SmartRules can be used free of charge at the Main and Branch libraries.

Reports can be printed at a cost of .25/page, or saved to a flash/thumb drive

free of charge.

New Series!: Matthew Bender California Practice Guides

The library has recently acquired the Matthew Bender Practice Guide series of California practice guides published by

LexisNexis. Consisting of nine titles, the series incorporates helpful editorial features not found in other practice guides.

Reading like sage advice from an experienced colleague, the text is punctuated by Strategic Points, Traps, Warnings,

cross-references to other Matthew Bender publications, and suggestions for locating information on the Web and through

LexisNexis. With an emphasis on strategy, compliance, and best practices, the guides tell you what to do, how to do it,

and what to expect from the opposition. Useful checklists and adaptable forms open and close each chapter.

Practice-oriented and integrating material in multiple formats, the Matthew Bender Practice Guides represent the next

generation in practice materials.

The Matthew Bender Practice Guides are available at the Main Library for in-library use only.

Matthew Bender California Practice Guides:

California Civil Discovery

California Contract Litigation

California Debt Collection and Enforcement of

Judgments

California E-Discovery and Evidence

California Landlord-Tenant Litigation

California Pretrial Civil Procedure

California Trial and Post-Trial Civil Procedure

California Unfair Competition and Business Torts

Federal Pretrial Civil Procedure in California

Page 3: News From - ACGOV. · PDF fileIllinois, Maryland, Massachusetts, Missouri, New Jersey, New York, Nevada, Ohio, ... brief writing, ... Lawyers and their Clients

Enhance Your Trial Advocacy Skills at the Law Library!

PAGE 3 VOLUME 2, I SSUE 2

Prepare for your next courtroom battle by arming yourself with winning strategy. Written by top litigators, judges, pro-

fessors, trial consultants, and legal scholars, the Alameda County Law Library maintains a large collection of mono-

graphs offering techniques for improving performance at every stage of the litigation process. Practical and highly read-

able, these titles can be checked-out of the library by registered borrowers. Whether you are an experienced litigator

looking to add new weapons to your arsenal, or a new attorney researching the fundamentals, you can benefit from the

wisdom and experience of leading trial advocates.

Law Library Acquires NITA Library To support the practice of local trial attorneys, the law library has recently acquired a large selection of titles published

by the National Institute for Trial Advocacy (NITA). A non-profit organization, NITA seeks to nurture the development

of ethical and competent litigators through the creation of quality educational programs and publications. Recruiting

master advocates like David Ball and Steven Lubet to author its publications, NITA materials are used by law schools

and law firms nationwide to teach trial techniques. NITA publications prepare attorneys for the courtroom by focusing on

skill-building in the following areas:

Pretrial

Evidence

Trial Advocacy

Expert Witnesses

Criminal Practice

ADR

Appellate

Offering fresh approaches to conducting depositions, presenting arguments, making and responding to objections, exam-

ining witnesses, and connecting with a jury, our extensive library of NITA publications will help you become a better ad-

vocate for your clients.

Other Publishers The library also purchases specialized trial skills’ titles offered by other major legal publishers. For an overview of the

basics, the library has Sharpening Your Trial Skills: What to Say, How to Say It from the Rutter Group, and The First

Trial: Where Do I Sit, What Do I Say? from West’s Nutshell series.

The library also collects books on persuasion in trial practice, brief writing, oral advocacy, including The Twelve Secrets of

a Persuasive Argument, Building Your Best Argument, and A Practitioner’s Guide to Appellate Advocacy, all published by

the American Bar Association. Other standout titles on this topic include Making Your Case: The Art of Persuading

Judges, written by Antonin Scalia and Brian Garner, Persuasive Opening Statements and Closing Arguments, published

by Continuing Education of the Bar, and The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate

Courts, also from Brian Garner.

The library’s collection of trial advocacy materials is currently on display at the Main Library.

Learning the Fundamentals…. The First Trial: Where Do I Sit? What Do I

Say?

Sharpening Your Trial Skills: What to Say,

How to Say It

Trial Advocacy Basics

How to Try a Jury Case

Advocacy Words: A Thesaurus

Trial Technique & Evidence

The Effective Deposition

Preparing Witnesses: A Practical Guide for

Lawyers and their Clients

Advanced Tips and Techniques... David Ball on Damages

Theater Tips & Strategies by David Ball

Advanced Negotiation and Mediation

Theory and Practice

Deposition Evidence

Effective Expert Testimony

How to Do Your Own Focus Group

Mastering Written Discovery: Procedures &

Tactics

Winning on Appeal: Better Briefs & Oral

Arguments

Discovery Problems & Their Solutions

Page 4: News From - ACGOV. · PDF fileIllinois, Maryland, Massachusetts, Missouri, New Jersey, New York, Nevada, Ohio, ... brief writing, ... Lawyers and their Clients

California Wage and Hour Law and Litigation, by Continuing Education of the Bar

This new title from Continuing Education of the Bar focuses on the dynamic and frequently

litigated area of wage and hour law. With chapters on compliance issues and bringing and defend-

ing wage and hour suits, this is an excellent resource for both employment law counselors and

litigators.

The opening chapters present an overview of state and federal wage and hour law, including the

laws governing minimum wage, overtime pay, rest and meal periods, vacation time, sick time, and

family leave. Analyzing state and federal law, the authors offer guidelines for calculating com-

pensable work time, providing break and meal periods, paying wages and overtime, posting no-

tices, and retaining payroll records. Exemptions from minimum wage and overtime requirements

are also examined. The authors include suggestions and sample language for drafting personnel policies and establishing

practices that comply with wage and hour statutes.

The consequences of violating wage and hour laws are also discussed, as the authors describe in detail the process of

adjudicating wage claims through the DLSE and DOL. Explanation of DLSE procedures, including those related to filing

a claim, meeting at informal conference, conducting a Berman hearing, and appealing the decision to the Superior Court,

are particularly helpful. There is also an excellent chapter on wage and hour mediation, which offers guidance for select-

ing a mediator, writing a mediation brief, and drafting a settlement agreement. Finally, separate chapters on represent-

ing the plaintiff and the defendant in wage and hour litigation offer insight for attorneys on both sides of the lawsuit.

DLSE Web Links

The DLSE Enforcement Policies and Interpretations Manual: http://www.dir.ca.gov/dlse/DLSEManual/dlse_enfcmanual.pdf

How to File a Wage Claim: http://www.dir.ca.gov/dlse/HowToFileWageClaim.html

DLSE Claim Forms: http://www.dir.ca.gov/dlse/DLSE-Forms.htm

EEOC Litigation and Charge Resolution, by BNA

Rather than being another treatise on substantive employment discrimination law, this title by a

former EEOC general counsel focuses on the operations of the Commission itself. It is divided into

three sections explaining how the EEOC is organized, how the charging process operates, and litiga-

tion before the agency. It discusses investigations from both the plaintiff’s and the defendant’s per-

spective, covering how decisions are made and influenced. In addition, this title explains how the

EEOC handles injunctive relief, appeals, and amicus participation. Sample filings, forms, settlements

and conciliation agreements are provided. This title is an essential for anyone involved in an EEOC

action.

EEOC Web Links

EEOC Charge Handling Process: http://www.eeoc.gov/employees/process.cfm

Employment Discrimination Complaint Form, U.S. District Court– Northern District of California:

http://www.cand.uscourts.gov/cand/form.nsf/fabb9caca4ef97cd88256d4a00591384 ad3a66898b

b2110188256d4a0058f1fd?OpenDocument

Public.Resource.Org has posted Title 24 of the California Code or Regulations in its entirety on its web-

site at http://public.resource.org/bsc.ca.gov/index.html. Parts 1 through 10, including both volumes of

the California Building Code, the California Electrical Code, the California Mechanical Code, the Cali-

fornia Plumbing Code, the California Energy Code, and the California Fire Code are available in full-

text, PDF format.

The most recent supplements can be viewed at: http://www.iccsafe.org/cs/codes/Pages/errata.aspx

New Employment Law Titles!

PAGE 4 VOLUME 2, I SSUE 2

Shhhh…..Title 24 Available on Public.Resource.Org

Page 5: News From - ACGOV. · PDF fileIllinois, Maryland, Massachusetts, Missouri, New Jersey, New York, Nevada, Ohio, ... brief writing, ... Lawyers and their Clients

PAGE 5 VOLUME 2, I SSUE 2

An excellent primer for plaintiff’s attorneys, Maximizing Damages in Small Personal Injury Cases

offers step-by-step instruction for representing the small personal injury plaintiff. Drawing on his

experience as a personal injury attorney, author Ellsworth Rundlett identifies patterns and problems

common to all personal injury cases, and presents a plan of attack for contending with each phase of

the case. Because the returns on small personal injury cases are usually modest and the overhead

costs can be considerable, Rundlett recommends thoroughly evaluating the merits of the case before

accepting a client. He provides checklists of key points to cover when interviewing a prospective cli-

ent, as well as a list of potential red flags. After accepting the case, Rundlett explains how to conduct

a thorough investigation by obtaining a police report, interviewing witnesses, and requesting informa-

tion from hospitals, employers, and insurance providers. Strategies are presented for negotiating with insurance compa-

nies, valuing the case, writing demand letters, and responding to settlement offers.

If settlement cannot be reached, the author advises attorneys to approach litigation cautiously, carefully considering the

likelihood of achieving a favorable outcome. Defense attorneys frequently attempt to overwhelm small injury plaintiffs

with excessive discovery requests, and Rundlett offers suggestions for using protective orders to counter abusive tactics.

Trial tactics, the role of paralegals in small personal injury cases, and working with a mediator are also discussed.

NEW TITLE: Maximizing Damages in Small Personal Injury Cases

NEW TITLE: Medical Legal Aspects of Medical Records

Written by doctors, lawyers, and legal nurse consultants, this new two volume set from Lawyers & Judges publishing

provides an in-depth examination of the laws and practices that apply to creating, retaining, accessing, and using medi-

cal records. For lawyers who work frequently with medical records, it is important to have a solid understanding of the

life cycle of medical records and the laws that regulate their use.

The book begins with an overview of HIPPA and the standards related to the production, storage and destruction of

medical records. The procedures for requesting and obtaining medical records are explained in Chapter 3, with sample

request letters and HIPPA compliant disclosure forms. The authors describe the types of documentation generated in

clinical settings, identifying a complete list of the records that counsel should obtain when preparing

for a case. Many hospitals have implemented computerized medical records systems, and Chapter 7

focuses on the use of e-discovery methods to obtain electronically stored information.

Separate chapters discuss the role of medical records in medical malpractice cases and personal in-

jury cases, and the special challenges presented by forensic medical records. Volume II of the set

focuses on clinical specialty records, including dental, chiropractic, nursing home, pediatrics, medica-

tion, and home care.

Medical Legal Aspects of Medical Records is an excellent reference for attorneys involved in personal

injury, medical malpractice, and criminal litigation in which medical records play a critical role.

Upcoming Library Programs

Beginning in July 2010, staff librarians will offer monthly lunchtime MCLE programs on legal research and the effective

use of library databases at the Main Library in Oakland. Visit the library homepage at www.acgov.org/law for a list of

upcoming programs and links to registration information.

“Using Free Shepard’s and KeyCite in the Law Library,” presented by Reference Librarians Emily Bergfeld and

Claudia Cook.

Tuesday, July 20th, 12:00 –1:00 pm.

Flyer and Registration Form: http://www.acgov.org/law/Shepards&KeyciteFlyer.pdf

“Research Free California Law on the Internet,” presented by Public Services Librarian Patti Monk.

Tuesday, August 10th, 12:30– 1:30 pm.

Flyer and Registration Form: http://www.acgov.org/law/flyer_registration.pdf

Page 6: News From - ACGOV. · PDF fileIllinois, Maryland, Massachusetts, Missouri, New Jersey, New York, Nevada, Ohio, ... brief writing, ... Lawyers and their Clients

NEW TITLE: Find Info Like a Pro: Mining the Internet’s Publicly Available Resources

PAGE 6 VOLUME 2, I SSUE 2

Published by the American Bar Association, Find Info Like a Pro: Mining the Internet’s Publicly

Available Resources for Investigative Research offers strategies for locating biographical, personal,

professional, opinion, and contact information using the Internet and fee-based databases.

The title is arranged into sixteen chapters: ―Finding and Backgrounding People,‖ ―Finding Missing

People,‖ ―Proper Name Searching,‖ ―Finding Telephone Numbers and Addresses,‖ ―Can You Ob-

tain Records of Phone Calls,?‖ ―Using Search Engines…,‖ ―Online Communities, Using Social Net-

working Sites…,‖ ―Using Genealogy Sites…,‖ ―Searching through News and Magazines…,‖

―Finding and Backgrounding Expert Witnesses,‖ ―Using Expensive Databases for Free,‖ ―Finding

Altered or Removed Web Pages,‖ ―Getting Web Pages…Admitted into Evidence,‖ ―Consumer

Credit Reports…,‖ and ―Pay Investigative Databases.‖

The biggest change from previous editions is discussion of the extraordinary amount of freely volunteered personal infor-

mation, including photos and videos, now available on social networking pages like Friendster, MySpace, Facebook, and

YouTube, and on business sites like LinkedIn and LawLink. Searching blog postings and messages on listservs and in

Google Groups can reveal information and opinions from the scholarly to the speculative supplied by the person being

investigated, or by their associates. Public libraries often provide library patrons free web access to subscription news

and business databases and electronic telephone directories that can be accessed remotely off-site.

The screen shots in the book are often too small to be read, but the CD enclosed with the book has a list of urls from the

book organized into different categories. Load the list of urls on to a computer and explore the sites while you read about

them.

This book is the first of two volumes. The second volume, Find Info Like a Pro: Mining the Internet’s Public Records for

Investigative Research, has not yet been released but can be pre-ordered from the ABA. The library will purchase the sec-

ond volume for the Main Library when it becomes available.

Select Websites Featured in Find Info Like a Pro

Google Group’s Advanced Groups Search: http://groups.google.com/advanced_search?=&

Search contributions to group message boards. Permits searching by author, group, and other fields.

Google Blog Advanced Search: http://blogsearch.google.com/blogsearch/advanced_blog_search

Searches the content of Internet blogs. Permits searching by author, date, and other fields.

Google News Archive Advanced Search: http://news.google.com/archivesearch/advanced_search

Searches select newspaper articles dating back to 1910.

Search Facebook Without Registering: http://www.facebook.com/srch.php

Search by name to determine if someone has a Facebook page without first creating your own account.

LinkedIn: www.linkedin.com

View profiles submitted by professionals on this networking site.

Zoominfo: www.zoominfo.com

Profiles of 45 million people generated from information obtained from news services, SEC filings, press releases, and

corporate websites.

JurisPro: www.jurispro.com

Research expert witnesses by reviewing profiles containing links to CVs, references, and published articles.

Internet Archive (The Wayback Machine): www.archive.org

Retrieve older versions of webpages to view removed content.

Social Security Death Index (SSDI): http://ssdi.rootsweb.ancestry.com/

Search national death records by name or Social Security Number.

Page 7: News From - ACGOV. · PDF fileIllinois, Maryland, Massachusetts, Missouri, New Jersey, New York, Nevada, Ohio, ... brief writing, ... Lawyers and their Clients

Our newsletter is a great resource for what’s new – new treatises, new online subscriptions, and general

library news. However, this and coming articles will highlight several long-standing, but still relevant,

legal resources that people don’t always remember to consult when conducting their research. In this

article, we turn our attention to American Law Reports (ALR), now in its 6th series.

Do you often feel like you are re-inventing the wheel? Looking through hundreds of cases online on Lexis or

Westlaw, do you ever think, ―Gee, I wish someone had already done this research for me‖? Well, the

editors at Thomson West have done just that, in their classic publications American Law Reports and

American Jurisprudence Proof of Facts (more on Proof of Facts next issue).

It has been said that finding an ALR article on point is like finding a gold mine, or being handed a colleagues exhaus-

tively researched memorandum of law on a very specific and narrow legal issue. Your work is done.

ALR annotations take a narrow point of law drawn from a recent, significant case and colloquially speaking ―wrings it

dry.‖ In other words, the treatment (including analysis) is exhaustive. The criteria for inclusion are cases that identify

developing points of law, legal issues not previously resolved, or emerging trends in litigation. After reading an annota-

tion, you will have all the relevant authority (up to the date of publication) including any California cases, analysis of all

sides of the issue, and which interpretation appears to be prevailing. You will also have references to forms, appellate

briefs, and law reviews for further research.

The latest volume, 54 ALR 6th, contains several particularly interesting annotations, ―The Invasion of Privacy by Internet

or Website Postings,‖ ―Disclosure of Electronic Data Under State Public Records and Freedom of Information Acts,‖ and

―Justification and Correction of Remarks or Acts of State Trial Judge Criticizing, Rebuking, or Punishing Defense Coun-

sel in Criminal Case as Otherwise Requiring New Trial or Reversal ‖

There are various ways to find and update an ALR annotation: through the pocket part, the ALR Index, or on Westlaw.

You can search the ALR Index on Westlaw through the file ALRINDEX.

ALR 1st through 6th and ALR Federal 1st and 2nd are available in hard copy at the Main Library, and through the library’s

Westlaw subscription.

Next time – American Jurisprudence Proof of Facts!

If you’ve done much legal research, you’ve probably come across this little key: It tells you that a source is linked to

the West Key Number System. And if you have no idea what that means, you’re not alone. Back when researching case

law depended upon using print digests, the Key Number System was the best method for finding cases on a particular

legal topic. But with today’s searchable full-text databases, many find it unnecessary to familiarize themselves with the

system. They are content to enter words into the Westlaw search engine in the hope of turning up something relevant.

And yet, LexisNexis, which has only ever existed as an online database, has invested much time and expense in develop-

ing ―Lexis Topics,‖ its own counterpart to the Key Number System. If keyword searching in a full-text database is better

than using an index, then why would LexisNexis bother creating one? The answer is that in certain situations, using an

index may be more effective than keyword searching alone.

What Exactly is a Key Number or a Lexis Topic?

The West Key Number System and Lexis Topics are human-generated indexes. To explain what this means, consider the

Key Number System. For over 100 years, West Publishing has employed attorneys to read every case, identify the points

of law discussed, and summarize these issues in headnotes, tracking the language of the decision. Classifiers then match

the headnotes with a Key Number for the specific legal topic covered. Presently there are more than 100,000 Key Num-

bers for discrete legal topics. The numbers themselves are grouped together by broader and broader related topics. At the

highest level, they are arranged into roughly 400 Major Topics ranging from ―abandoned and lost property‖ to ―zoning

and planning.‖ One might think of the West Key Number System as an outline of the American legal system.

Cont’d on page 8….

Oldies But Goodies: AMERICAN LAW REPORTS (ALR)

PAGE 7 VOLUME 2, I SSUE 2

Using Key Numbers to Improve Research Outcomes

Page 8: News From - ACGOV. · PDF fileIllinois, Maryland, Massachusetts, Missouri, New Jersey, New York, Nevada, Ohio, ... brief writing, ... Lawyers and their Clients

In print formats, a Key Number is represented by the title of the Major Topic, followed by a key symbol and the topic

number. For example, ―Contacts with forum state‖ would be Federal Courts 76.5. In electronic formats, the key

symbol is replaced with the letter ―k‖ and the title of the Major Topic with a corresponding number. The Major Topic of

―Federal Courts‖ would be represented by the number 170B so the electronic format of ―Contacts with forum state‖ would

be 170Bk76.5.

LexisNexis uses a similar indexing scheme for its Lexis Topics. LexisNexis’s editors create headnotes by taking the

language directly from each decision. Unlike Westlaw, Lexis Topics are not numbered; it’s an outline of the law based

purely on a hierarchy of terms, culminating in 16,000 individual topics. For example, the topic of minimum contacts

would be indexed under Civil procedure > Jurisdiction > Personal jurisdiction & in rem actions > In personam actions >

Minimum contacts. Human indexing in either the West Key Number System or Lexis Topics means that real people have

read each case, identified the legal topics discussed, and assigned subjects to them so that each case having similarly

indexed headnotes should explain the same point of law.

Continued Usefulness of Human-Indexing in Legal Databases

So why would anyone bother to navigate through an elaborate outline of the law when a researcher could simply search a

full-text database by entering a legal term of art or a few keywords to describe a fact pattern? In many cases, such key-

word searches are more efficient than using an index—this may especially be true when searching for fact specific situa-

tions since human-indexing organizes legal issues, not fact patterns. There are, however, situations where keywords

alone may not be able to describe legal concepts effectively. Consider the following hypothetical situation.

Imagine that someone has falsely accused you (or your client) of having a ―loathsome disease‖ and that you can prove

actual, calculable damages. Under California law, you would have a slam dunk case for defamation. But suppose that the

speaker has never been to California and lives in a state where the limitation period for defamation has run. And

suppose further that the statement was published on the Internet. Winning such a suit would depend upon whether a

district court in California had jurisdiction over the person of the speaker. One of the initial queries would be whether

that person has established minimum contacts with the State of California. If you’re like a lot of researchers, you would log on to your preferred legal database and perform a few keyword searches

to find a few relevant cases. But how would you phrase such a search? A common method would be to combine a few fact

specific terms like ―Internet‖ or ―Web‖ with a few legal terms. But because courts often mention that jurisdiction is satis-

fied without actually discussing the requirements, potential legal terms such as ―minimum contacts‖ or ―purposeful avail-

ment‖ will be only marginally successful at returning relevant cases. Keyword searching can identify the presence of

these words, but can’t differentiate between a mere mention and a full discussion. For that you need a human reader.

Consider how much more effective such a keyword search would be if you could look for terms like ―Internet‖ or ―Web‖ in

a database made up of only cases where someone has read the entire decision and decided that the case explains the con-

cept of ―minimum contacts.‖ Thanks to human indexing, you can do exactly that.

Cont’d on back page….

PAGE 8 VOLUME 2, I SSUE 2

Page 9: News From - ACGOV. · PDF fileIllinois, Maryland, Massachusetts, Missouri, New Jersey, New York, Nevada, Ohio, ... brief writing, ... Lawyers and their Clients

Library Catalog: http://202.sydneyplus.com/search.asp?mode=search

Recently-Acquired Titles: http://www.acgov.org/law/publictns.htm

Circulation Policies: http://www.acgov.org/law/policies.htm#1

List of Library MCLE Materials: http://www.acgov.org/law/mcle.pdf

Conference Room Rentals: http://www.acgov.org/law/services.htm#4

Legal Databases: http://www.acgov.org/law/services.htm#1

Research Guides/Bibliographies: http://www.acgov.org/law/researchguide.htm

Linking to the Alameda County Law Library

Main Library (Oakland) MWF 8:30 am - 6:00 pm

TuTh 8:30 am - 9:00 pm

Closed Weekends

Branch Library (Hayward) M-F 8:30 am - 5:00 pm

Closed Weekends

Fourth of July Holiday, Monday, July 5, 2010

Labor Day, Monday, September 6, 2010

*****The Law Library is NOT subject to

Court Furloughs*****

Library Hours Upcoming Library Holidays

Cont’d from page 8….

Westlaw

In Westlaw, you can search for cases by legal topic by selecting the ―Key

Numbers‖ link at the top of the screen. From there, you can either search

for a Key Number or browse through the Key Number Digest Outline. To

search for a Key Number, simply enter the topic you are looking for and

Westlaw will return a list of Key Numbers that most closely resemble

your request. Clicking on a specific Key Number will display all of the

headnotes classified under that number. Some Key Numbers, such as

170Bk76.5 Contacts with forum state, will be assigned to several thou-

sand headnotes. By clicking ―Locate in Result‖ near the top of the left

column, you can search for keywords within the headnotes themselves to

narrow the results.

LexisNexis

To search within a topic in LexisNexis, select the ―Search‖ tab at the top left side of the screen, then select ―by Topic or

Headnote.‖ From there, you have two choices: either searching for a legal topic or browsing through the outline for a legal

topic. To search for a Lexis Topic, enter the topic you are looking for into the box for and click the search button. Lexis

will return a list of Lexis Topics that most closely resemble your request. After finding the correct topic by searching or

by browsing the outline, you can choose either to ―Search across sources‖ or to ―Search by Headnote.‖