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The Latest Cases From Westlaw

  • Civil Rights: Pre-adoptive parents unable to finalize adoption after child abuse allegations pleaded violation of their equal protection rights.
    Source: Westlaw Bulletin Published on 2023-03-20
  • Government: Suit was not reasonably necessary to obtain documents from township, and thus requester did not prevail under FOIA, as required to obtain attorney fees.
    Source: Westlaw Bulletin Published on 2023-03-18
  • Government: Mayor in mayor-council municipality cannot veto a negative vote of city council.
    Source: Westlaw Bulletin Published on 2023-03-16
  • Litigation: District Court abused its discretion in relying solely on Rule 6(b) as authority for choosing not to reopen plaintiff's administratively closed case.
    Source: Westlaw Bulletin Published on 2023-03-16
  • Government: Evidence was sufficient to support finding that deputy did not act with reckless disregard when he suddenly crossed into motorists' lane.
    Source: Westlaw Bulletin Published on 2023-03-16

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Outlining with Jury Instructions

If you’re not sure how to outline your memo, jury instructions can help by explaining a cause of action, outlining the essential elements of a claim and providing relevant primary law all in one spot.

  1. On your Westlaw Precision home screen, click on Secondary Sources and then Jury Instructions.

  2. On the Jury Instructions page, use the Jurisdiction filter to select your desired jurisdiction.

  3. Search for your cause of action. (Ex. elements of libel in Federal Jury Practice & Instructions)

  4. Open your relevant jury instruction and don't forget to check the related notes.

  5. To see more instructions, check out the table of contents to your left or click on View Full TOC.

Citation in a Click

If you find a clause, sentence, or phrase you want to place in your memo with the correct citation all you need are 3 easy steps.

  1. Highlight the text you want to copy. Try it out with Miranda v. Arizona

  2. Select "Copy with Reference" from the pop-up box.

  3. Paste into your word document...and you're done!


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Black's Law Dictionary

Don't guess the meaning of a legal term. Know it.

By using Black’s Law Dictionary, exclusively on Westlaw, you’ll know the meanings of key terms that will help you understand your cases faster, be prepared for cold-calls and beef up your class notes.

1. Access Black's Law Dictionary on Westlaw.

2. Type your term into the Dictionary Term box. (ex. Demurrer) If your term contains multiple words, place the terms in quotes. (ex. "Rule Against Perpetuities")

3. Open up your desired term, copy it and paste it into your notes.

Looking for some inspiration? Here are a few legal terms to get you started

Contracts
- Collateral Estoppel
- Consequential damages

Civil Procedure
- Minimum Contacts
- In Personam Jurisdiction

Torts
- Negligence
- Invasion of Privacy

Criminal Law
- Mayhem
- Wobbler

Black's Law Dictionary

Don't guess the meaning of a legal term. Know it.

By using Black’s Law Dictionary, exclusively on Westlaw, you’ll know the meanings of key terms that will help you understand your cases faster, be prepared for cold-calls and beef up your class notes.

1. Access Black's Law Dictionary on Westlaw.

2. Type your term into the Dictionary Term box. (ex. Demurrer) If your term contains multiple words, place the terms in quotes. (ex. "Rule Against Perpetuities")

3. Open up your desired term, copy it and paste it into your notes.

Looking for some inspiration? Here are a few legal terms to get you started

Contracts
- Collateral Estoppel
- Consequential damages

Civil Procedure
- Minimum Contacts
- In Personam Jurisdiction

Torts
- Negligence
- Invasion of Privacy

Criminal Law
- Mayhem
- Wobbler

News

Where can I learn more about a firm so I can ask good questions in an interview?

News is an excellent source for learning about a firm. You’ll see the clients and matters they represent along with the accolades they earned from their communities.

1. Click on News under “Specialty areas” on your Westlaw Edge home screen.

2. Start by trying a plain language search for your firm.
(ex. Gibson Dunn Crutcher )

3. To up your search game, consider running a terms & connectors search with an index field.
(ex. gibson /2 dunn /s crutcher & in(law lawsuit legal))

Start Writing Your Brief Without Starting From Scratch

Having trouble getting started writing? Start with a sample brief on your specific fact pattern in 3 easy steps!

  1. Find a Sample Brief - Choose Your Jurisdiciton
  2. Type in Basic Search Terms – Again, Facts + Law + Issue (ex. show an example)
  3. Choose an on-point brief
  4. Or use the filings tab or a case you already know is on-point for your research! Try Here!

Standard of Review Made Easy

Having trouble finding what standard of review to use? Or even how to write your standard of review section? We have an easy solution!

  1. An advanced search is an easy way to find the Standard of Review for your particular brief problem. Try using the Advanced Search Tool
  2. Type "Standard of Review" in the exact phrase box, then add in your facts, issue, and other specifics in the any/all of these terms boxes. Tip: Make sure you select your Jurisdiction
  3. Or Start with a Practical Law Standard of Review Checklist for your Circuit. For Example The Ninth Circuit!

Find Your Sources and Make it Easy

There are a few ways to start searching yourself!

  1. Start by heading to the West Search Plus search bar
  2. Find by Citation: trying typing in 831 a2d18 and hitting "enter"
  3. Or Find by Party Name: Type in search box, “Remsburg v. Montgomery”
  4. You can copy and paste a list of up to 30 citations into the search box or you can manually enter multiple citations separated by semicolons.
    Try:
    106 md 580; 831 a2d18; 851 a2d 566; 426 a2d 517; 165 p3d 581; 877 N.Y.S.2d 425

You'll need more than one source. Quickly expand your research!

Once you have your launching pad for your research, leverage Westlaw features to easily expand your research.

  1. For cases, you can use the Key Numbers to find additional headnotes from any jurisdiction on the same issue. Simply click on the text to left of any linked Key Number and it will build a list for you of similar cases...SO EASY!! Hot Tip: Sort by "Most Cited" to list the leading cases first
  2. For statutes , you can review the Notes of Decision tab at the top of the statute to find headnotes that apply and cases interpret your statute. You can also review helpful secondary sources under Context and Analysis for additional understanding and discussion.


Briefing Cases with Westlaw

What is a Brief?

A brief is a summary of a case in your own words that includes the key facts, procedural history, issues addressed, along with the court's holdings.

How can I find a case on Westlaw?

Cases on Westlaw contain a Synopsis, a summary of the main facts, issues and holdings of a case, and Headnotes, summaries of points of law organizes by topic. You can locate cases on Westlaw in a variety of ways.

Find by Citation: If you know your case's citation, just type one of the citations in the search box. (Ex. 113 SCT 2217)

Find by Party Name: If you know the names of your parties, just start typing them in the search box and select corresponding case from the drop-down menu. (Ex. International Shoe)

Note: If your case has common party names, you may need to enter more than one party.


Download your Synopsis and Headnotes: Once you've pulled up your case, click on Download under delivery options, select Brief It under What to Deliver and click on Download.


Note: You have even more download options within Layout and Limits.

Smart Search Terms

The right search terms can make a difference. Here is an easy way to come up with smart search terms.

Rules, Codes & Restatements

Exporting Tables of Contents

Exporting a table of contents is an easy way to get access to a list of rules, codes or restatements that you can reference on the fly and add to your outlines, as needed.

Locate your Rules, Codes or Restatement: To export a TOC (table of contents), you'll first want to locate your resource.
  • Restatement of Torts
  • Restatement of Contracts
  • Restatement of Property
  • Federal Rules of Civil Procedure
  • UCC Article 2
  • Federal Rules of Evidence
  • United States Constitution

Export Your TOC: Click on download, select Outline of Current View under What to Deliver and then click on Download.

News- Westlaw Today

Strengthen Your Interview Discussions with News

Doing thorough research on an employer or practice area can help prepare you for a job interview. Finding articles featuring attorneys in a firm, agency actions, or practice area trends can all help. Luckily you can easily find these things on Westlaw!

  1. On your Westlaw Edge home screen, use the product dropdown menu to select Westlaw Today

  2. Search for a particular firm, attorney, or agency. (Ex. Kirkland and Ellis or Fourth Circuit)

  3. Or select a specific practice area (Ex. Mergers & Acquisitions)

American Law Reports

Your Go-To Secondary Source

Finding an A.L.R. (American Law Reports) article covering your topic is a great starting point for research. You'll get a quick summary of the legal issue you're researching and a Table of Cases, Laws, and Rules to see the law across all jurisdictions. You can also use annotations to find additional secondary sources, such as legal encyclopedias, treatises, and periodicals. No wonder they're nicknamed Already Done Legal Research!

See it in action: The legal discussion to compensate student athletes is heating up. Check out this ALR article to see how the legal picture for tomorrow’s student athletes comes together in one place.

KeyCite Graphical History

Procedural History Made Easy

Are you reading a case and not sure how you got there procedurally? Reversed, remanded or otherwise, we got you. Just sign into Westlaw and follow the steps below...

1. Grab one of the citations you see in your case book and type it into the search box on Westlaw. (ex. 480 U.S. 102)

2. Click on your case in the drop-down menu.

3. Click on the History tab to see your procedural history.

KeyCite Graphical History works best when you have a Federal case and a complex issue. Check out some additional examples from your classes below.

Contracts
- Koken v. Black & Veatch Const., Inc.
- Lamps Plus, Inc. v. Varela

Civil Procedure
- National Equipment Rental v. Szukhent
- Helicopteros Nacionales de Colombia, S.A. v. Hall

Torts
- Palsgraf v. Long Island R. Co.
- Kentucky Fried Chicken of Cal., Inc. v. Superior Court

Law School Resource Center

Flowcharts, overviews & more.

Law school is a marathon, not a sprint. Putting everything together on the first pass is impossible. Whether you're prepping for class or starting your outline, the Law School Resource Center makes tough concepts easier to understand.

Check out the Law School Resource Center on Practical Lawfollow link

Scheduled Maintenance

TWEN and the Law School Portal will be unavailable due to maintenance from 6:00 PM EDT/3 PM PDT on 6/19/2021 to 10:30 AM EDT/7:30 AM PDT on 6/20/2021. We apologize in advance for any inconvenience.

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Rules, Codes & Restatements

All the rules you need for class in one place.

A lot of time in law school is spent briefing cases, but if you aren't learning the rules behind them, issue spotting during exams will be difficult. You can access electronic copies of rules, like the Federal Rules of Civil Procedure, codes, like the Uniform Commercial Code, and Restatements, like the Restatement of Torts, all on Westlaw

See the Restatements collection on Westlawfollow link

KeyCite Graphical History

Understand the procedural history of your case.

Understanding where you are in the procedural history of a case can help you better understand its disposition. When you are lost, look up your case on Westlaw, hit the History tab and bask in the glow of enlightenment.

See an example of Graphical History in actionfollow link

Black's Law Dictionary

Don't guess the meaning of a term. Know it.

Skipping an unfamiliar term can be tempting, but understanding it can make all the difference in decoding a case. Black's Law Dictionary will help you quickly understand any new language thrown your way.

Run a search for "demurrer" on Westlawfollow link

Copy the Code Below

You'll use this code to make a copy of the sample course.

Click on Copy Another Class

Go to the Knowledge Center and click on the Copy Another Class button.

Enter Your Copy Code

Enter your copy code in the Enter Class Copy Code box and click the Validate button.

4. Set Your Options

Change your course title, set your course dates and set your copy option to Assignments Only.

5. Click Copy Course

Click on Copy Course and you're all set to share your course with students.

1. Copy the Code Below

You'll use this code to make a copy of the sample course.

2. Click on Copy Another Class

Go to the Knowledge Center and click on the Copy Another Class button.

3. Enter Your Copy Code

Enter your copy code in the Enter Class Copy Code box and click the Validate button.

4. Set Your Options

Change your course title, set your course dates and set your copy option to Assignments Only.

5. Click Copy Course

Click on Copy Course and you're all set to share your course with students.

Copy the Code Below

You'll use this code to make a copy of the sample course.

Click on Copy Another Class

Go to the Knowledge Center and click on the Copy Another Class button.

Enter Your Copy Code

Enter your copy code in the Enter Class Copy Code box and click the Validate button.

Set Your Options

Change your course title, set your course dates and set your copy option to Assignments Only.

Click Copy Course

Click on Copy Course and you're all set to share your course with students.

Determining whether a federal court has subject matter jurisdiction over a non-class action case.

If the case arises out of the U.S. Constitution, U.S. laws, rules or regulations, or a treaty signed by the U.S., and the federal courts have exclusive jurisdiction, then the case must be litigated in federal court.

 

If the case does not arise out of the U.S. Constitution, U.S. laws, rules or regulations, or a treaty signed by the U.S., and there is not complete diversity between the plaintiffs and defendants (a.k.a they are both from different states or one is a citizen of a foreign country), then the case must be litigated in state court.

 

Know more now with this Practical Law flowchartfollow link

Restatement of Contracts 2d

Counter-offers

(1) A counter-offer is an offer made by an offeree to his offeror relating to the same matter as the original offer and proposing a substituted bargain differing from that proposed by the original offer.

 

(2) An offeree’s power of acceptance is terminated by his making of a counter-offer, unless the offeror has manifested a contrary intention or unless the counter-offer manifests a contrary intention of the offeree.

 

The answer and more can be found in the comments section of §39 of the Restatement of Contracts 2d – Counter-offers

Negligence Defined

Restatement (Second) of Torts 282

In the Restatement of this Subject, negligence is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm. It does not include conduct recklessly disregardful of an interest of others.

 

Don’t forget to read the commentsfollow link

Demurrer

Black’s Law Dictionary (10th ed.2014)

Demurrer: A means of objecting to the sufficiency in law of a pleading by admitting the actual allegations made by disputing that they frame an adequate claim. Demurrer is commonly known as a motion to dismiss.

 

View the full definition on Black’s Law Dictionaryfollow link

Restatement of Contracts 2d

Counter-offers

(1) A counter-offer is an offer made by an offeree to his offeror relating to the same matter as the original offer and proposing a substituted bargain differing from that proposed by the original offer.

 

(2) An offeree’s power of acceptance is terminated by his making a counter-off, unless the offeror has manifested a contrary intention or unless the counter-offer manifests a contrary intention of the offeree.

 

The answer and more can be found in the comments section of SS39 of the Restatement of Contracts 2d – Counter-offersfollow link

testing footnote

What is common law and is it written by the courts of law?

Common Law

The origin of the Anglo-American legal systems. English common law was largely customary law and unwritten, until discovered, applied, and reported by the courts of law. In a narrow sense, common law is the phrase still used to distinguish case law from statutory law.

Know your terms by downloading our glossaryfollow link

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Negligence defined

Restatement (Second) of Torts § 282

In the Restatement of this Subject, negligence is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm. It does not include conduct recklessly disregardful of an interest of others.

Don’t forget to read the comments