WESTLAW
When you first sign on to Westaw, you
will see a screen with various options:
The buttons across the top of the
page include:
Find (with an option on the left to AFind a document by citation@)
This allows you to type in a citation
and thereby retrieve a case or statute.
KeyCite (with an option on the left to AKeycite this citation@)
This gives you the history of the
case as well as other cases that have mentioned it (similar to Shepards).
Directory - allows you to search a topic with
appropriate trigger words. It walks you
through the options of databases from which to choose (if you already know
which database you want - and you know its abbreviation - you can use the ASearch these databases@
option on the left).
Table of contents - allows you to peruse the table of
contents of a set of books - similar to the analysis method of research --
although not as easy as it might appear.
You have to work your way into various subtopics to get to a real list.
KeySearch - allows you to enter a search word
and determine which key number comes as close as possible to matching that
topic.
Lets play a bit now:
When you know the citation to a case:
On the left side of the welcome page,
type in the citation. Using 249 Va. 10,
we get Bottoms v. Bottoms, a case involving a custody dispute between a
maternal grandmother and a lesbian mother over a child.
KeyCite (a form of Shepards)
What you first notice is a yellow
flag on the upper left of the screen.
This tells you that this case is of questionable validity as precedent,
or simply that there is some negative history.
Negative indirect history means that there are
other cases, not included in the direct history, which may have an effect on
the precedential value of this case
A red flag tells you that the
case is of no current value. You can
see in the keycite list that this case was first in the Virginia Court of
Appeals and was reversed by the Virginia Supreme Court. So the case at the
intermediate court of appeals level is of NO value.
A green flag indicates that
there are no problems with using this case as authority.
An AH@ indicates that there is some history to this case.
A green AC@ indicates that there are citing
cases but no indirect history.
You will also sometimes see stars
next to a citing case.
**** means that your case was
examined by the citing case.
***
means that your case was discussed by the citing case.
** means that your case was cited, maybe with a brief comment.
* means that your case was cited, probably in a string of
citations.
A purple quotation mark indicates
that your case was directly quoted by the citing case.
Format
Note also that the headnotes do not
appear as they normally would in a court reporter. That is because this is an educational version of westlaw. In professional versions, cases appear
exactly as they would in a reporter with the headnote and key number above.
Finding cases as in a digest
Note that if you double-click on the
blue key number references, you will then be directed to your desired database
of cases and you will then get a listing of all cases with that key number -
just as in a digest.
Star pagination
In the body of the opinion, you will
see purple numbers at various locations -- this is a form of star
pagination and tells you where the pages of the official version begin and
end.
Options
Note that any reference in blue
can be accessed merely by double-clicking on it.
Other options appear on the left of
the screen showing the case. These
options allow you to go directly to the headnotes, the synopsis, the opinion or
the dissenting opinion (either directly throught the appropriate button or
throught the AOutline@ button)..
When you don=t know the name of a case - search by
topic
Start with the ADirectory@ option. It will take you to a screen where you type in index-type words
or phrases to find cases on point.
Use ATerms and Connectors@
or ANatural Language@ to locate cases on point.
Terms and connectors requires you to figure which
combinations of words or phrases will send you to your statute (or case).
Natural language allows you to type in a question
using significant terms and helps you with this.
Look at the bottom of the screen
showing the case. You will see a ATerm@ button. This allows you to find a page in the case showing the terms you
used to find the case.
If you also see a ABest@ option, that gives you page with the
most hits.
The ADoc@ option lets you go to the next case
on your list.
When you want to find a statute
If you don=t know the citation,
AFind a Database@ and follow the path it gives you. It will then give you the option of typing
in the topic. A phrase should be put in
quotation marks.
Note that a citation could also be
put in here as trigger word and get you to the statute just as a topical phrase
would do. This is done in the same
manner as a search for cases.
When you know the citation to a
statute, type in va-st in the AEnter citation@ space and it will show you how it is abbreviated for
this purpose --- then fill in the title
and section numbers.
Note some options on the bottom right
of the screen showing the statute:
Locate - this allows you to type in a phrase
and it will find it for you in the statute.
Documents in sequence - this allows you to move in order
from one document to the next.