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

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Presentation on theme: "Legal Research: Top 10 (more or less) tips & tricks"— Presentation transcript:

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

2 Broad divisions… Searching Tips Resource Tips Process Tips

3 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.”

4 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

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

6 103 pre/4 430!

7 103 Mass. Code Regs Mass. Regs. Code tit. 103 §§ (4),(5)

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

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10 Shepard’s/KeyCite Paginated to official reporter

11 Caselaw validation

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13 Alerts

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

15 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

16 Legislative History resources available from the state house library

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

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19 Debates

20 Text of Amend-ments

21 Testimony

22 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

23 CORI

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25 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.

26 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)

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

32 Joint Venture

33 (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”

34 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)

35 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.

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


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