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Legal Search LexisNexis Guide

Finding cases, issues or codes affecting students or administration of institutions in higher education.

LOG IN
Go to library.tamu.edu, click on the "Databases" tab, type in Lexis. Then follow the link provided to get in, or use this direct access to LexisNexis Academic.

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EASY SEARCH

1) By Citation             834 N.E.2d 432
2) By Parties               Brown  v. board of education
3) By Topic                 free speech and campus  or -  free speech w/15 campus
4) US Federal & State Cases:   free speech and campus  (Switch the field from "Everywhere" to "At least 5 occurrences)  
5) Combined Search: If you wish to broaden your search results, combine "fed. & state cases" and "Law reviews.   

POWER SEARCH (recommended)
Tips: ! truncation mark. E.g. terminat! will find terminate, terminated, termination...  ; Using the W/n connector. E.g. free speech w/15 student; Segment search can be effective. This is how to select a segment: Source > Fed.& State Cases > Select a segment > e.g. OVERVIEW(due process and  player). Overview is the segment that describes the facts about the case; Show (options of displaying case documents): KWIC shows ONLY the segments in which your search terms occur; Full with Indexing  shows all but it could make a case reading difficult.   Ses some examples:

-   student! and dress code           
-   student! w/15 dress code            
-   student! w/20 free speech and Texas
-   347 w/5 U.S. w/5 483   [Looking for cases which mention the case 347 U.S. 483]
-   faculty and terminat! and retaliat! w/50 criticiz!
  
Supreme Court Cases
-  court ( supreme ) and denial and financial aid
court (supreme) and university and age discrimination
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MORE ABOUT CONNECTORS
AND will retrieve all the term(s) from the same document.
W/N allows one to specify the proximity between words. The rules of thumb are:
          student! w/5 dress code (same phrase)
          student! w/15 dress code (same sentence)
          student! w/50 dress code (same paragraph)
          student! and dress code (anywhere in the document).              
!    When used at the end of a word as in "student!", it will find student, students, student's and students'    

MORE ABOUT SEARCHING:     
Avoid using long phrases
.  Example: university faculty promotion discrimination.   The search may get zero hits because it looks for documents with all those words appearing in that exact order. Solution: add "And" in between:  university AND faculty promotion AND discrimination, or use different terms: faculty and tenure denied and discrimination. You may also consider using "!" to optimize the search results, e.g.  deni! to include denial, denied or other variations.

Use W/N connector to construct more meaningful search sets.  Example: graduate admission rejected and disability.  You may change it to: graduate w/5 program and admission w/15 denied and disabl!  In this new search, you use W/N to break the long phrase graduate admission rejected into two subsets: graduate program and admission denied, and then combine them with the third component disabled or disability.
       
Specify in which SEGMENT your search terms occur. See two examples:
- OVERVIEW(due process and  player)
- OVERVIEW (tenure w/5 denied) and OUTCOME(reversed)

Goolge it. Example: legal cases tenure denial and sex discrimination. Then search Lexis with the name(s) or citation or keywords you found in Google. You could also use Google Scholar to look for law reviews and articles. Make sure you select the radio button - "Legal opinions and journals."

See also - using law reviews to find cases.    

WHAT IS A CITATION?
 A reference system to identify the past judicial decisions on cases or other information. With a citation, one can quickly locate the full text of the case. See citation format and examples below:

Case Citation Format in Reporters or Law Reports:
Plaintiff | Defendant |Volume |Reporter |Page |Court   |Year
Blackburn v. Fisk          433       F.2d        121    (6th Cir. 1971)
 
"F.2d" stands for The Federal Reporter, 2nd series.  Please note that not all citations follow the full format, e.g., 834 N.E.2d 432.  Also, one case could have more than one citations, for example, all of these four citations 834 N.E.2d 432; 162 Ohio App. 3d 642; 2005 Ohio 4331;  2005 Ohio App. LEXIS 3932 refer to one case.              

HOW TO USE LAW REVIEWS TO FIND IMPORTANT LEGAL CASES?
Path:  Power Search > By Type > select > US Law Review

Law review articles in Lexis are divided into three main sections: Title, Summary and Text. See some examples below:

-  title (affirmative action and admission w/5 program)
- summary (affirmative action and admission w/5 program)
- text (tenure w/5 denied w/20 race or gender or religion)
- affirmative action and admission w/5 program and hopwood w/10 texas    

The search summary(affirmative action and admission w/5 program) will find more than 120 articles. In one of the articles "A Current Perspective: The Erosion of Affirmative Action in University Admissions", you will find several important cases mentioned: Board of Regents v. Bakke; Gratz v. Michigan; Hunter v. Regents of the University of California; and Robert A. Lauer, Hopwood v. Texas. You could also do a TEXT search with parties' names to look for articles on your interested cases.

HOW TO SHEPARDIZE A CASE? 
Under the doctrine of stare decisis (Latin, Let the decision stand), "previously decided cases serve as a model for resolution of future disputes involving similar legal principles or fact patterns....Because of this reliance on precedent, you need to be sure that the authority you cite is still “good law”—in other words, you need to make sure that cases have not been reversed on appeal, overruled or criticized by subsequent cases, and that statutes have not been repealed or found unconstitutional." (Lexis)

To Shepardize a case is to determine the current status of a case. See another definition from Wiki: In legal research, Shepard's Citations is a citator, a list of all the authorities citing a particular case, statute, or other legal authority. The verb Shepardizing refers to the process of consulting Shepard's to see if a case has been overturned, reaffirmed, questioned, or cited by later cases. There are two ways to shepardize a case.

Method One: -Lexis>legal>Shepards@Citations>type in a citation, example: 569 S.E.2d 456 > Check.
Method Two
: -If you are viewing a case, say,
569 S.E.2d 456,  then just click the GREEN+ symbol at the upper left corner of the case. This will take you directly into Shepardizing that case.

Commonly Used Shepard’s Symbols:  (Green) positive; (Yellow) caution; (Orange) questioned; (Red) warning/neg. treatment; (Blue A) citing reference with analysis; (Blue I) Citation information is available. See:
http://wiki.lexisnexis.com/academic/index.php?title=Shepard's_Citations

Avoid using those cases indicated with the RED warning symbol. Use caution when citing those cases with Yellow or Orange symbols. Here is an example of a case with RED symbol: 349 U.S. 294. Warning & negative treatment usually includes: overruled by, questioned by, superceded by and the like.  Caution & possible negative treatment often includes wording like criticized by, clarified, modified, or corrected. Positive treatment often includes: followed, affirmed or approved.

References in Shepard's Summary & Definitions: Shepard's summaries may contain analyses wording like "cited by," "overruled," "distinguished by" and the like. Say a Shepard's Summary shows "Distinguished (15), and you want to locate these fifteen Distinguished analyses quickly from a long case document. How to do that? Go to RESTRIC BY > select NARROW-RESTRIC BY > Under Analyses, select the Distinguished By box > Click on the red APPLY button (on the right) and then go to near the bottom of the page to find them.  A separate note: the reference terms like "distinguished,"  "Overruled," "Followed," "Concurring Opinion" and the like are all linked in the case (text) you are Shepardizing. You can simply click on any of them to display the definition if you are not sure about what the term means.

Lexis has a guide on How to Shepardize. The search interface illustrated on the guide looks different from the current academic version but the general background notes should be helpful.

HOW TO READ A CASE?
See How to Read a Case, p. 1-1 (College Administrator & the Courts). Basically, the decision is related to the facts of the case. So grasp the FACTS first, then ask WHAT THE ISSUE IS. This is to determine what the principles the case stands for. The next questions: how the court RESOLVED THE ISSUE & THEIR REASONING and WHAT ARE THE RAMIFICATION OF THE OPINION. Note: opinion does NOT equal decision. An opinion is the court's explanation for its decision; a decision either affirms or reverses the lower court or tribunal.

PSU also publishes an excellent guide on how to read a legal case:
    
1. Begin with the name and citation of the case.
    2. Is this case being decided by a trial court or an appellate court? (Note: most cases you read will be
        appellate cases, because the opinions of trial courts have less precedental value)
    3. In the original case, who was the plaintiff and who was the defendant?
    4. What was the original complaint? (libel, invasion of privacy, violation of a statute, etc.)
    5. What were the facts that led to the complaint?
    6. What was the trial court's decision? (who "won" the case)
    7. What are the legal questions/issues that are being raised on appeal?
    8. What is the present court's decision (is the original decision affirmed, reversed, or remanded?)
    9. What rule or test is the court using to decide the outcome? This will relate to the legal question
        that must be decided.
    10.What reason does the court give for using this rule?
Url: <https://www.courses.psu.edu/comm/comm403_jsb15/howtoreadcase.html>

More TIPS (on how to read a case):

1) Where Are Court's Decisions Located?
It is located in the OPINION section. OPINION contains "a statement that is prepared by a judge or court announcing the decision after a case is tried; includes a summary of the facts, a recitation of the applicable law and how it relates to the facts, the rationale supporting the decision, and a judgment; and is usually presented in writing, though occasionally an oral opinion is rendered." [Legal Dictionary]

2) What is Syllabus?
Syllabus contains a summary of the rulings of the court on the case. Syllabus usually precedes right before OPINION but it is usually not part of the court's decision. United States Reports (the official record of the rulings of the Supreme Court) usually contain two parts - Syllabus and Opinion. The case in Lexis, however, contains much more. See the next Q and A .

3) Case Text in Lexis
It might be helpful to compare a case in United States Reports and Lexis. Say, 539 U.S. 244.  First, check it out at http://www.supremecourt.gov/opinions/boundvolumes/539bv.pdf, and then locate the same case in Lexis. One may notice that United States Reports and Lexis have basically the same wording of text in both SYLLABUS and OPINION but Lexis adds editorial things like case summaries, overviews, core terms, Lexis headnotes, Lawyers' edition headnotes, links to Supreme Court's briefs and so on into its case text. The ruling of the case, however, is placed under the sectons from Syllabus to Opinion. If you want to get a copy of the official case text with supreme court decisions, go to The United States Reports website. See the next Q and A.

4) Where to Get PDFs of Official Ruling of Cases?
The Supreme Court website has PDFs of the U.S. Reports series online from 1991-2006
http://www.supremecourt.gov/opinions/boundvolumes.aspx

2006 is the last bound volume published at this time. For more recent cases up to 2011, go to the Slip Opinions
http://www.supremecourt.gov/opinions/sliplists.aspx  and  http://www.supremecourt.gov/opinions/slipopinions.aspx

[Note: A case report may have multiple editions. Lexis provides a Lawyers edition pdf (see the link on the upper left corner of the case you are Shepardizing.) One could also click on the SAVE icon (on the right) to obtain a Lexis edition pdf copy. Among all editions, the most authoritative one is the U.S. Reports.]

5) What Are Headnotes?
LexisNexis Headnotes trace the discussion of specific points of law or fact through the use of headnote numbers. When reading a case, you may see headnotes here and there. A HN gives a brief summary of a point of law. When clicked, a HN will jump to a specific court opinion in the text of the case, helping readers to understand the opinion relevant to that law. Please note that HN is only an editorial interpretation not a part of the court's decisions.

6) What Do the Pagination Notes Refer to
When reading a case in Lexis, you may come across pagination notes like [*424] or [**55].  The asterisks refer to different reporters. The numbers refer to the printed pages from a reporter. There are four different reporters:

U.S. Reports – no asterisk
Supreme Court Reporter – one asterisk   *
Lawyers Edition – two asterisks               **
Lexis – three asterisks                          ***
or read < http://support.lexisnexis.com/lawschool/record.asp?ArticleID=lexiscom_viewing_pagination >

Note: When you cite a page, do not include the * asterisk mark(s).

See also Quimbee,  a database of case briefs and lecture videos that simplify legal concepts (TAMU only)

HOW TO FIND STATUE AND CODES
Path: Lexis> Legal tab> United States Code Services Title 1 through 50    
- higher education resources and student assistance programs   (if you know the name)
- heading ( title 20 ) and section ( 100* )    (if you know the Title and the section numbers)

You could also click Browse TOC (located on the left panel) to do a search by limiting to a specific section, say, EDUCATION, and then enter your search terms in the Quick Find.

HOW TO FIND FEDERAL OR STATE REGULATIONS AND ADMINISTRATIVE CODES

Path: Lexis> Legal tab>Federal and State Codes > select CFR from SOURCES   
- Heading (student loan)        (keyword search in the Heading section)
- 5 CFR 537.10*                          (if you know a specific CFR citation)

HOW TO FIND TEXAS CODES
Path: Lexis> Legal tab>Federal and State Codes > select TX-Texas Code, Constitution ... from SOURCES 
heading (higher education and control of funds)

HOW TO CITE LEGAL DOCUMENTS            
Supreme Court Cases - MLA
Format: Case title, U.S. Reports citation, page #, docket number, name of the court, year of decision, Internet address, and date of accessing the site
- Fullilove v. Klutznick. 448 U.S. 448. 448-554. No. 78-1007. US Supreme Court. 1980. Online. LexisNexis®Academic. (5 August 2007)
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Supreme Court Cases - APA
  
Format:  Case title, U.S. Reports citation, year of decision, and Internet address.
- Fullilove v. Klutznick, 448 U.S. 448 (1980) [Online] Available: http://www.lexisnexis.com/us/lnacademic.
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U.S. Code - MLA
Format: Title number, statute book of the U.S. Code, section, year, publication medium, name of computer service, and date of access.
- 42 US Code. Sec. 405. 1998. Online. LexisNexis® Academic. 5 August 2007
 
U.S. Code -APA
- National Environmental Policy Act of 1969 § 102, 42 U.S.C. § 4332 (1994)
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Citing Articles or Law Journals - examples from ALWD Citation Manual       
- Dan T. Coenen, The Constitutional Case Against Intracircuit Nonacquiescance, 75 Minn. L. Rev. 1339, 1341 (1991) Post, R. C. (2003). Fashioning the legal constitution: Culture, courts, and law. Harvard Law Review, 117. Retrieved January 25, 2004, from LexisNexis Academic database.
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Legal Materials Citation Styles Guides:
The Bluebook: A Uniform System of Citation     KF 245 .U55 (Reference Desk, Evans Library)
Citing in MLA & APA [Lexis Wiki] http://wiki.lexisnexis.com/academic/index.php?title=Citing_References
Cornell Law Guide:  http://www.law.cornell.edu/citation/ 
Boston College Law Giude:  http://www.bc.edu/schools/law/library/research/researchguides.html
Citing Legal Materials in APA Style - http://www.lib.wsc.ma.edu/legalapa.htm
Citing government documents-MLA http://www.unk.edu/acad/library/gov_doc/about/index.php?id=14245
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HOW TO DOWNLOAD DOCUMENTS FROM LEXIS
1) On the search results' list page, click on the Save icon on the upper right corner which will launch a new window.
2) Select the desired options, e.g. -Word (DOC), full document, all documents, each document on a new page etc.. Click the Download button. A new window pops up with a delivery link.
3) Mouse over the link, right click to open it with MS Word/other applications or download it to your computer.


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ABBREVIATION
- Reporters / Law Reports

   National Reporter System
 ▪ F. SUPP. (The Federal Supplement. Cases decided by the US District Courts)
 ▪ F.2d.3d. (The Federal Reporter, 2nd series or 3rd series, contains cases decided by the US Courts of
   Appeals Authority & Jurisdiction
 ▪ F.R.D. (Federal Rules Decisions. Decisions of the US Distr. Courts not covered in F.SUPP)
 
   Supreme Court Decisions are reported in:
 ▪ U.S. (United States Reports)
 ▪ S. Ct. (Supreme Court Reports)
 ▪ L.Ed. 2d (Lawyers Edition, 2nd Series)
 ▪ L.W. (US Law Weeks)

   State Courts Decisions are reported in these reporters:
 ▪ N.E.2d (Northeaster: MA, RI, NY, OH, IN & IL)
 ▪ A.2d (Atlantic: MD, NH, VT, CT, NJ, PA, DE & D.C.
 ▪ So.2d (Southern: FL, AL, MS, and LA)
 ▪ S.E.2d (Southeaster: VA, WV, NC, and GA)
 ▪ S.W.2d (Southwestern: KY, YN, MO, AR and TX)
 ▪ P.2d. (Pacific: MT, WY, ID, KS, CO, OK, NM, UT, AZ, NV, WA, OR & CA)
 ▪ N.W. 2d (Northwester: MI, WI, IA, MN, SD, and NE)
 ▪ N.Y.S.2d (New York Supplement: NY States courts)
 ▪ Cal. Rptr. (California Reporter: California)

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EXERCISES - Find Cases by Topic (Lexis)
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TITLE IX CASES
Case #1: A coach’s employment got terminated on the basis of NCAA violation but the coach claimed that the  university retaliated him for other reasons.   [Note: You are supposed to locate the case Burch v. Regents of University of California or similar cases. But do not use the parties names when searching for the cases]  

Case #2: A case in which the employee’s job got terminated. The plaintiff  alleged that it was sex discrimination.  But the court found that Title IX was not applicable to this case.  [You are supposed to locate the case Kathy O'Connor, Appellant, v. Peru State College or similar cases. But do not use the parties names when searching for the cases]

TORTS  / CONTRACTUAL CASES
Case #3: A student got burned by coffee from campus Starbucks. Who is liable - Starbucks, the University, or the coffee shop?  [You are supposed to locate the case MOLLY ALTER, Plaintiff-Appellant, v. STARBUCKS CORPORATION. But do not use the parties names when searching for the cases] 

DISCRIMINATION CASES
Case #4:  case in which employment was terminated under school district policies that  mandated maternity leave in a specified month of pregnancy  [You are supposed to locate the case Cleveland Board of Education v. LaFleur or similar cases. But do not use the parties names when searching for the cases]

More Exercises - Find Cases by Topics:
Degree denied, academic dishonesty, due process in cheating, termination of aid, financial aid as income, aid to student/attending private institution, state grants for students at private institution, due process in the denial of admission, censorship in student press, searches without warrants, public facilities used for religious purposes, discrimination in academic dismissal, gay students, student housing, required residence/sex differences, required residence/age differences, withdraw of recognition from Fraternity, alleged misrepresentation in recruiting athlete, athletic scholarship contract, reverse discrimination...

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Daniel Xiao
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danxiao@tamu.edu
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