Legal Research: Top 10 (more or less) tips & tricks

Broad divisions… Searching Tips Resource Tips Process Tips

1. Let someone else do some of the heavy lifting- i. e 1. Let someone else do some of the heavy lifting- i.e. use the resources you have available – don’t just start “searching for a case.”

Searching Tips Advanced Google Searching Numbers don’t have synonyms site: (e.g. site:gov) filetype: (e.g. filetype:pdf) inurl: (e.g. inurl:justia) Numbers don’t have synonyms

Find cases that cite to the inmate discipline regulations, 103 CMR 430

103 pre/4 430!

103 Mass. Code Regs. 430.04 Mass. Regs. Code tit. 103 §§ 430.09(4),(5)

Resource Tips Massachusetts Trial Court Law Library RetrieveLaw – has a Shepard’s/KeyCite-like tool Document delivery – use in conjunction with MLW

Shepard’s/KeyCite Paginated to official reporter

Caselaw validation

https://www.mass.gov/forms/document-delivery-service-request-form-0

Email Alerts

You get headlines delivered to email You get headlines delivered to email. You don’t have full access without a subscription….

Resource Tips Massachusetts Trial Court Law Library RetrieveLaw – has a Shepard’s/KeyCite-like tool Document delivery – use in conjunction with MLW State House Library Legislative History Tools: MassTrac, State House News

Legislative History resources available from the state house library

MassTrac Comprehensive Bill Histories Includes testimony, debates, hearings, reports Very good search facility Bill tracking function $$$ - but available in the State Library

Debates

Text of Amend-ments

Testimony

State House News Commercial reporter covering the legislature Includes reports of floor debates, news stories Some multimedia (video, audio of sessions) Cited by the SJC $$ - but available in the State Library

CORI

In the past 5 years, the SJC has cited State House News 20 times In the past 5 years, the SJC has cited State House News 20 times. It has been cited in 34 appellate briefs.

Process Tips Use secondary sources Westlaw: Mass Practice Lexis: “Suppression matters under Massachusetts Law” MCLE… Use primary sources to find other primary sources Tools on commercial services Search using numbers Use research guides Massachusetts trial court law library “law about…” Google: Massachusetts legal research guide (you can add site:edu)

Starting with a statute in the annotated code, use the “Notes of decision” or “case notes” to find relevant cases…

Joint Venture

(265 w/4 17) and “joint venture” But if you don’t have access to an annotated code… (265 w/4 17) and “joint venture”

9. Legal Analytics Re-packages “big data” in a way that is strategically useful for litigators Answers questions like “How often does judge ----- grant motions to dismiss in similar matters? What are their most often cited cases?” etc. Currently available for federal courts, analytics organizations are being acquired by larger legal research outfits (i.e. Lexis)

Statistics on motion outcomes, highlighting often used language and frequently cited cases, linked to the dockets (& motions themselves) searchable by type of case, attorney, etc.

10. When in doubt… reach out (to a librarian, a colleague, a clerk…)