1. Introduction to Lexis Cases & Shepard’s Instructors: Femi Cadmus, Christine Ciambella, Deborah Keene Fall 2006

2. Terms & Connectors Search 1.Choose key words from the issue. 2.Select synonyms or alternate terms for key words. 3.Link search words with appropriate connectors.

3. Choose Search Terms Choose key words from the issue – seller, developer, duty to disclose, toxic waste, residential property Select synonyms for key words - seller – developer – realtor – broker – real estate agent toxic – hazardous

4. Search Terms - Rules Use Truncation ! (Exclamation point) Replaces an infinite number of letters that follow the root word disclos! = disclosure, disclose, disclosed, disclosing Singulars, Plurals, Possessives Lexis automatically retrieves the singular, plural and possessive form of words that form their plurals by adding s or es e.g. seller = sellers = seller’s = sellers’ party = parties = party’s = parties’ Does not automatically pick up nouns with irregular plural endings e.g. child will not pick up children - use child!

5. Link Search Words with Connectors or Requires at least one term appear in document developer or realtor or broker or seller and Requires both terms appear in document toxic and property /n Requires that terms appear within a certain number of words of each other (from 1-255) duty /3 disclos! toxic /5 waste

6. Google vs. Lexis Search Google – No Connectors seller duty to disclose toxic waste new jersey Lexis – MUST USE CONNECTORS developer or realtor or broker or seller /10 duty /3 disclos! and toxic or hazard! /5 waste

7. Use Shepard’s (Lexis) or KeyCite (Westlaw) to Determine that a case is still good law and therefore can be used as the basis of your legal argument. Careful practitioners know that failure to consult a citator can be considered legal malpractice.

8. When to Use Citators Update cases as soon as you find them. This will keep you from wasting time with authorities that are no longer “good law.” Updating can also lead to other authorities that will help you build your legal argument, e.g. related cases, statutes, regulations, and secondary sources.

9. Case Citators Give parallel cites e.g. Nobrega v. Edison Glen Assoc., 167 N.J. 520, 772 A.2d 368 Nobrega v. Edison Glen Assoc. Give the history of a cited case Determine how the case has been used and perceived -- treatment List cites to secondary and other sources

10. Case History A case can be Affirmed by a higher court Reversed by a higher court Modified by a higher court (can be affirmed in part and reversed in part) Vacated by a higher court (Opinion rendered void) Superseded by statute

11. Case Treatment Negative Overruled at a later date Criticized Distinguished Limited Questioned Dissenting Explained Positive Followed or cited favorably by other courts