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Page 1: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

1-9294-2/4-01

Printed 4/01. Item #1-837-483-8. To order this piece or other materials, access

store.westgroup.com/documentation.

Using Westlaw® Campus

Page 2: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

ABOUT WEST GROUPWest Group is a leading provider of printed and online legal information. Since 1876, West Group has publishedcase law from the state and federal courts. West Group also publishes case law digests, statutes, textbooks, treatis-es and other law-related materials. West products help you research the law more efficiently and thoroughly.

CONTENT AND TECHNICAL SUPPORT FOR WESTLAW CAMPUSStudents who need help using Westlaw Campus should ask a librarian for assistance. Library staff in need ofcontent and technical assistance should call the support number provided to them by West Group.

Author: Jon Savin, J.D.Editors: Sheila Goeken; Roberta Roban, J.D.

ALR, Am Jur, National Reporter System, Supreme Court Reporter, United States Code Annotated, U.S.C.A., USCA,West Key Number System, Westlaw, westlaw.com and West’s are registered trademarks and KeySearch is atrademark of West Licensing Corporation, used herein under license.

© 2001 West Group. All rights reserved.

Information in this guide is current through March 21, 2001.

West Group610 Opperman DriveEagan, MN 55123-1396

Printed in the United States of America.

Page 3: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

Welcome to Westlaw Campus! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2What kind of information can I retrieve via Westlaw Campus? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

How do I retrieve information from Westlaw Campus? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Searching Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3What is a case? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

What cases are available via Westlaw Campus? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

What are editorial enhancements? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

How do I retrieve cases by citation or title? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

How do I search for cases by issue? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

How do I search for cases using the Natural Language search method? . . . . . . . . . . . . . . . . . . . . . . .5

How do I search for cases using the Terms and Connectors search method? . . . . . . . . . . . . . . . . . . . .6

More about searching with Terms and Connectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

How do I search for cases using KeySearch? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

Searching Statutes and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9What is a statute? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

What statutes are available via Westlaw Campus? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

What is a regulation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

What regulations are available via Westlaw Campus? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

How do I retrieve statutes or regulations by citation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

How do I search for statutes or regulations by issue? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

How do I search for statutes or regulations using the Natural Language search method? . . . . . . . . . .11

How do I search for statutes or regulations using the Terms and Connectors search method? . . . . . . . .12

Searching American Jurisprudence 2d (Am Jur 2d), American Law Reports (ALR),

and Legal Periodicals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13What is Am Jur 2d? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

What is ALR? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

When do I use Am Jur 2d and ALR? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

What are legal periodicals? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

When do I use legal periodicals? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

How do I search Am Jur 2d, ALR, and legal periodicals? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

How do I search Am Jur 2d, ALR, and legal periodicals using the Natural Language search method? .14

How do I search Am Jur 2d, ALR, and legal periodicals using the Terms and Connectors

search method? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

C O N T E N T S

U S I N G W E S T L A W C A M P U S 1

Page 4: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

WELCOME TO WESTLAW CAMPUS!West Group welcomes you to Westlaw Campus, a Web site especially designed to help you easily retrieve legalinformation from Westlaw, West Group’s computer-assisted research service.

WHAT KIND OF INFORMATION CAN I RETRIEVE VIA WESTLAW CAMPUS?Here is a quick overview of the materials available via Westlaw Campus. You will find detailed descriptions ofthese materials later in this guide.

f Cases from the courts of all 50 states and the federal courtsf Statutes from all 50 states and federal statutes published in the United States Code Annotatedf Federal regulations published in the Federal Register and the Code of Federal Regulationsf American Law Reports, a publication containing attorney-written articles that summarize and analyze

case law on a particular legal issuef American Jurisprudence 2d, a comprehensive encyclopedia of state and federal law

HOW DO I RETRIEVE INFORMATION FROM WESTLAW CAMPUS?You can enter search requests in Westlaw Campus at the Search Center, shown below. Portions of the SearchCenter page are reproduced in this guide to demonstrate searches and instructions.

1. Select asearch methodand type yoursearch here.

2. Selectdatabaseshere.

Or Find adocument usingits citation ortitle.

Or click GOhere to useKeySearch,which createsa query foryou based onthe topic youselect.

2 U S I N G W E S T L A W C A M P U S

3. Click GO.

Retrieve cases and secondary sources using KeySearch. KeySearch will help you

select terms relating to your queryand create a search for you.

Page 5: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

WHAT IS A CASE?When lawyers and law professors refer to“cases,” they typically mean the written opin-ions of appellate court judges. Opinions fromappellate courts can be crucial to understand-ing a given legal issue because such opinionsaffect how lower courts decide similar issues inthe future. Accordingly, West Group publishesappellate court opinions in print reporters. Thecomplete texts of West Group’s print reportersare available online on Westlaw.

WHAT CASES ARE AVAILABLE VIAWESTLAW CAMPUS?All cases on Westlaw are available via WestlawCampus. Starting coverage of state cases variesby state, but for most states coverage goes backto the 1800s and for some states even earlier.Coverage of federal cases begins with 1789. Newcases are online within days, and sometimeshours, of their release by the courts.

When you retrieve a published case viaWestlaw Campus, it will include “editorialenhancements” that have been added to thejudge’s opinion to summarize the major factsand legal issues in the opinion. These enhance-ments are discussed at right. The page numbersused in the print reporter, as well as the preciselocations of the page breaks, are also providedonline.

Please note that for most state courts, it isunusual for trial court decisions (as opposed tothe appellate decisions described earlier) to bepublished, either online or in books. This meansthat even if a trial court decision is in the newsbecause of an unusual ruling or a large amountof damages, it will probably not be online—butit can’t hurt to look.

West Topic andKey Number

SEARCHING CASE LAW

Title

ParallelCitation

Court

Date ofDecision

Synopsis

AuthoringJudge

Headnote

WHAT ARE EDITORIAL ENHANCEMENTS?Cases in West Group’s reporters feature several editorialenhancements created by West Group attorney-editors.Editorial enhancements typically include

A synopsis—a paragraph-length summary of the facts and the main legal issues in a case

Headnotes—sentence-length summaries of each legal issue discussed in the case

Topics and key numbers—each legal issue is classifiedunder one or more topics and key numbers in the West Key Number System, which West Group editors use toindex case law. You can use these topics and keynumbers to find other cases discussing similar legal issues.

U S I N G W E S T L A W C A M P U S 3

A case published in a West Group reporter

Page 6: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

HOW DO I RETRIEVE CASES BY CITATION OR TITLE?Most cases have a unique identifying citation, typically consisting of the volume number, the abbreviated name ofthe print reporter, and the page number on which the case is found. For example, the citation for the case Bush v.Gore, as published in West’s Supreme Court Reporter is 121 S. Ct. 525. To retrieve this case via Westlaw Campus, use the Find a Document feature. Type 121 sct 525 in the Find a document if you know the citation textbox and click GO.

If you don’t know the case citation but you know the title, type the names of the parties listed in the title in theFind a document if you know the title text boxes. In our example, you would type bush and gore in the text boxesand click GO.

To search for a party with multiple terms in its name, simply type the terms in one of the text boxes. For example,to search for cases in which Illinois State University is a party, type illinois state university.

4 U S I N G W E S T L A W C A M P U S

Find a document if you know the citation:

Find a document if you know the citation:

Page 7: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

HOW DO I SEARCH FOR CASES BY ISSUE?When you want to search for cases by issue, use the Quick Search feature, which requires you to complete threesimple steps:

1. After selecting the Natural Language or Terms and Connectors search method, type your search in the Search for text box and select a date restriction from the Date Restrictions drop-down list.

2. Select a database to search.

3. Click GO to run your search.

How do I search for cases using the Natural Language search method?

The Natural Language search method allows you to search databases using a plain English description of yourlegal issue to retrieve relevant cases. The documents you retrieve are ranked according to statistical relevance, orhow closely they match the concepts in your description. Natural Language is the default search method inWestlaw Campus.

Suppose that your issue is whether burning the flag is constitutionally protected free speech and that you want tosearch federal cases. To research this issue using Natural Language, type is flag burning constitutionally protected free speech in the Search for text box and select a date restriction, if desired. Select All Federal Casesas your database, and then click GO.

Here is another Natural Language example you can try. If you want to retrieve state court cases that discusswrongful death lawsuits arising from fraternity hazing, type wrongful death due to fraternity hazing in theSearch for text box and select All State Cases as your database.

U S I N G W E S T L A W C A M P U S 5

Page 8: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

HOW DO I SEARCH FOR CASES USING KEYSEARCH?What is KeySearch?

KeySearch is a powerful research tool available exclusively in westlaw.com products. KeySearch creates queries foryou based on the topics you select from the easy-to-use topical hierarchy.

How does KeySearch work?

KeySearch is powered by the West Key Number System, which classifies each legal issue in a case under one ormore topics and key numbers. (West Group attorney-editors analyze every case published by West Group to makethe appropriate classifications.) In addition to key numbers, KeySearch queries include carefully selected searchterms to help you retrieve cases that meet your research needs.

How do I access KeySearch?

To access KeySearch via Westlaw Campus, click GO under the KeySearch heading.

What should I do when I am at the KeySearch page?

Click a closed folder icon next to one of the KeySearch topics to display the first level of subtopics under thattopic. You can then click the Search all of link to access the KeySearch search page and search all levels of thehierarchy under that topic, or you can continue clicking closed folder icons to display more levels of subtopics.You can also access the KeySearch search page by clicking an open folder icon, which indicates that you havereached the lowest level of the hierarchy under that subtopic.

Click a closed folder icon todisplay the first level of sub-topics under Insurance.

Click Search all of Insuranceto access the KeySearch searchpage (or click a closed foldericon to progress to the nextlevel of subtopics).

8 U S I N G W E S T L A W C A M P U S

Retrieve cases and secondary sources using KeySearch.KeySearch will help you select terms relating to your issue and create a search for you.

Page 9: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

SEARCHING STATUTES AND REGULATIONS

Excerpt from United States Code Annotated

WHAT IS A STATUTE?The word statute typically refers to a law passed by astate legislature or the U.S. Congress.

State and federal court cases often involve statutoryinterpretation, and enactment of a statute may wellreverse an established case law precedent.

WHAT STATUTES ARE AVAILABLE VIA WESTLAW CAMPUS?Federal Statutes

The complete United States Code Annotated (USCA) isavailable via Westlaw Campus.

After the U.S. Congress passes a bill and the presidentsigns it into law, it is then codified, i.e., published in theUnited States Code (USC), the official version of federalstatutory law. The USCA, published by West Group since1927, is an annotated version of the USC. Each statute inthe USCA is followed by abstracts of published courtopinions that interpret the statute. See the example atright.

State StatutesNew state laws or changes to existing state laws are codi-fied in the official state statute publications. Statutesfrom all 50 states are available via Westlaw Campus.

WHAT IS A REGULATION?Generally speaking, a regulation is a rule made by anexecutive agency to help administer and enforce the lawsthat have been passed by a legislative body. Regulationsare often simply called “rules.” As an example of howlaws are passed by a legislature and how regulations aremade by agencies to give effect to the law, think of thesale of securities. One of the important federal lawspassed by Congress to govern the sale of securities is theSecurities Exchange Act of 1934. To help carry out thisact, the Securities and Exchange Commission, an agencyin the executive branch, makes rules about what kind ofpractices are fraudulent or deceitful in connection withthe sale of a security.

Section Numberand Name

ChapterNumber

and Name

Text ofStatute

EnactmentDate

Abstracts of Court

Opinions

RelatedStatutes

and Rules

West Topicand KeyNumber

HistoryReferences

WHAT REGULATIONS ARE AVAILABLE VIA WESTLAW CAMPUS?Federal regulations published in the Federal Registerand the Code of Federal Regulations are available viaWestlaw Campus. The Federal Register containsboth proposed rules and final rules. After an initialappearance in the Federal Register, a final rule isusually codified in the Code of Federal Regulations.

U S I N G W E S T L A W C A M P U S 9

Page 10: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

HOW DO I RETRIEVE STATUTES OR REGULATIONS BY CITATION?Statutes and regulations usually have a unique identifying citation. When you know the citation, the easiest way toretrieve a statute or regulation is to use the Find a Document feature. Simply type the citation in the Find a docu-ment if you know the citation text box and click GO. The table below provides some examples on which you canmodel your requests.

When you want Commonly cited as Then type

Federal LawsTitle 42, section 1983 of the 42 U.S.C.A. § 1983 42 usca 1983the United States Code Annotated

State Laws

Iowa Code Annotated, Iowa Code Ann. § 279.58 ia st s 279.58section 279.58

New York Civil Rights Law, N.Y. Civil Rights Law § 8 ny civ rts s 8section 8

Delaware Code Annotated, Del Code Ann. tit. 8, § 141 de st ti 8 s 141title 8, section 141

Code of Federal Regulations

Title 21, section 211.125 of the 21 C.F.R. § 211.125 ` 21 cfr 211.125Code of Federal Regulations

Federal RegisterVolume 65 of the Federal Register 65 Fed. Reg. 81082 65 fr 81082page 81082

A Find a Documentrequest for 42U.S.C.A. § 1983

1 0 U S I N G W E S T L A W C A M P U S

A Find a Documentrequest for Iowa Code Ann.§ 279.58

Find a document if you know the citation:

Find a document if you know the citation:

Page 11: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

HOW DO I SEARCH FOR STATUTES OR REGULATIONS BY ISSUE?You can use the Quick Search feature to search for statutes or regulations by issue. You can choose either theNatural Language or the Terms and Connectors search method.

How do I search for statutes or regulations using the Natural Language search method?

If not already selected, select Natural Language above the Search for text box. Next, type a plain English descrip-tion of your issue in the Search for text box. Select the statutes or regulations database you want to search, thenclick GO to run the search. (See page 5 for more information about Natural Language searching.)

For example, to retrieve federal statutes on unfair consumer debt collection practices, type unfair consumer debtcollection practices in the Search for text box, select United States Code Annotated as your database, then clickGO.

If you want to search state statutes, follow the same steps above but make sure that you also select a state fromthe Specific State Jurisdictions drop-down list under the Statutes and Legislative Materials heading. For example,suppose that you want to search for Florida statutes relating to child custody after a divorce. If not already select-ed, select Natural Language above the Search for text box. Type child custody after divorce in the Search fortext box and select Florida from the drop-down list.

U S I N G W E S T L A W C A M P U S 1 1

Page 12: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

WHAT IS AM JUR 2D?American Jurisprudence 2d (Am Jur 2d) is a compre-hensive encyclopedia of state and federal law, con-taining more than 400 separate titles that cover abroad range of legal topics. Am Jur 2d articles pro-vide citations to leading cases, statutes, and regula-tions, as well as references to practice guides, formbooks, treatises and law reviews.

WHAT IS ALR?American Law Reports (ALR) contains attorney-writ-ten annotations, or articles, that cite, summarize andanalyze the case law on a particular legal issue. Inaddition, ALR annotations refer you to manyresearch aids, including statutes, uniform laws, lawreviews and treatises.

WHEN DO I USE AM JUR 2D AND ALR?At the start of your researchAm Jur 2d and ALR are often good places to startyour research. You can gather background informa-tion, learn about the leading cases and governingstatutes, and find leads to other secondary materials.

After you have done some research

If you have already found cases and statutes on yourissue, you can use Am Jur 2d and ALR to make sureyou haven’t overlooked relevant materials.

WHAT ARE LEGAL PERIODICALS?Most law schools publish periodicals called “lawreviews” or “law journals”. Articles in these publica-tions address issues of interest to the legal communi-ty and are usually written by law professors, law stu-dents, or lawyers. Law-related organizations or insti-tutions other than law schools also publish journalson legal topics.

WHEN DO I USE LEGAL PERIODICALS?Articles in law reviews and journals often discussdeveloping areas of the law, legal issues on whichthere is a divided opinion among scholars or judges,or legal issues of particular social importance. Youmay find it helpful to consult Am Jur 2d and ALR togain a basic understanding of the law and thensearch legal periodicals for a more advanced discus-sion. Like ALR and Am Jur 2d, legal periodicals canbe very helpful when you are trying to learn aboutthe leading cases and governing statutes that applyto your issue. To search legal periodicals, selectJournals and Law Reviews as your database.

An Am Jur 2d section

U S I N G W E S T L A W C A M P U S 1 3

SEARCHING AMERICAN JURISPRUDENCE 2D (AM JUR 2D),AMERICAN LAW REPORTS (ALR), AND LEGAL PERIODICALS

An ALR Annotation

A law review article

• • •

Page 13: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

1 4 U S I N G W E S T L A W C A M P U S

HOW DO I SEARCH AM JUR 2D, ALR, AND LEGAL PERIODICALS?To search Am Jur 2d, ALR or legal periodicals, use the Quick Search feature, which allows you to choose either theNatural Language or the Terms and Connectors search method.

How do I search Am Jur 2d, ALR, and legal periodicals using the Natural Language search method?If not already selected, select Natural Language above the Search for text box. Type a description of your issue inplain English in the Search for text box. Select a database, then click GO to run the search. (See page 5 for moreinformation about Natural Language searching.)

For example, suppose that you want to research the Miranda warning (“you have the right to remain silent . . .”) inAm Jur 2d. Type miranda warning in the Search for text box, select American Jurisprudence 2d as your data-base, then click GO.

Here is another example. Suppose that you want to use Natural Language to search ALR for information on anemployer’s duty to accommodate an employee’s religious beliefs. Type employer duty to accommodateemployee religious belief in the Search for text box, select American Law Reports as your database, then clickGO to run the search.

Page 14: wl.com campus final - · PDF filecase law from the state and federal courts. West Group also publishes case law digests ... When you retrieve a published case via Westlaw Campus,

1-9294-2/4-01

Printed 4/01. Item #1-837-483-8. To order this piece or other materials, access

store.westgroup.com/documentation.

Using Westlaw® Campus