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Wednesday, March 31st, 2010

The best-kept secret for finding definitions in caselaw

From the Westlaw Reference AttorneysWestlaw tip: There are two commonly known techniques for finding definitions in  caselaw: 

  1. Looking for the word or phrase using the words and phrases (WP) field; and
  2. Placing the word or phrase in proximity to defin! mean! interpret! construe! constitute! 

But an often-overlooked third way is to type term word phrase +1 [your word or phrase].

(Provided by West Reference Attorneys)

Posted by Jon Hanke at 9:30 am
Labels: Tips, West Reference Attorneys, Westlaw

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Wednesday, March 31st, 2010

West Headnote of the Day – March 31, 2010

West's Key 34 Armed Services
West's Key 34I In General
West's Key 34k5 Persons in the Armed Services, and Militia Called Into Service of the United States
West's Key 34k5(1) k. In General.

Certain constitutional rights are and must be suspended or curtailed in the name of military discipline and rights of men in armed forces must perforce be conditioned to meet certain overriding demands of discipline and duty.
Martin v. Schlesinger, 371 F. Supp. 637 (N.D. Ala. 1974)

113 Customs and Usages

Posted by headnoteoftheday at 6:00 am
Labels: Headnote of the Day

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INSIDE INFORMATION

Tuesday, March 30th, 2010

Westlaw Jury Verdict of the Week: Carbon monoxide exposure kills two

Torrey v. Coleman Co. (U.S.D.C., D. Colo.)
Verdict of $2M for hunters’ carbon monoxide deaths reduced to $667K

2009 WL 3039923 Verdict Summary
2007 WL 6858141 Plaintiff’s Expert Penney’s Report

Note: The links above are intended for Westlaw users. You will be asked to sign on to Westlaw before being taken directly to the document.

Publish Your Cases

Posted by Jury Verdicts at 11:23 am
Labels: Jury Verdicts, Westlaw

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Tuesday, March 30th, 2010

West Headnote of the Day – March 30, 2010

West's Key 203 Homicide
West's Key 203II Murder
West's Key 203k539 First Degree, Capital, or Aggravated Murder
West's Key 203k543 k. Sufficiency of Deliberation; Time Required.

The deliberation needed for first-degree murder need only be for an instant.
Leonard v. State, 969 P.2d 288 (Nev. 1998)

203 Homicide

Posted by headnoteoftheday at 6:00 am
Labels: Headnote of the Day

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Monday, March 29th, 2010

A civics website that actually engages middle-schoolers

Once in a while, we come across a website that’s so cool, we need to tell the world about it.

Our Courts (www.ourcourts.org) is one such site. It was launched last year to make civics lessons more engaging for middle-school students – and it seems to be succeeding.

The project was led by retired Supreme Court Justice Sandra Day O’Connor, who was concerned that students weren’t getting  the tools they need to encourage lifelong civic participation – and realized that their teachers often needed better materials and support.

The site features some nifty games, including “Argument Wars,” a courtroom simulator where students can argue historical Supreme Court cases by advancing arguments and choosing logical supports to back them up. (One of the tougher Argument Wars concerns Gideon v. Wainwright, the subject of a recent “Today in history” post on Westlaw Insider. Try it – it’s a real brain stretcher!)

A “Civics in Action” section tells real-life stories about middle-school students who find ways to improve their communities – like the Nebraska kids who successfully lobbied the state legislature for new bus driver safety standards after students became concerned about cell phone use.

One of the best features is a “Talk to the Justice” chat room, where students can ask Justice O’Connor questions and exchange messages about various topics and current events.

Be sure to check this site out – and share it with the young people in your life!

The Our Courts website home page

Posted by Jon Hanke at 6:00 am
Labels: News of Interest

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Monday, March 29th, 2010

West Headnote of the Day – March 29, 2010

West's Key 113 Customs and Usages
West's Key 113k9 Application and Operation
West's Key 113k10 k. Scope and Effect in General

Where contract for performance of Passover Seder at hotel provided that “If second Seder service to be held, same price as first night,” and performer observed orthodox Jewish tradition of holding two Seder services but hotel had traditionally followed reformed view of holding only one Seder service, contract could not be construed in light of prevailing religious custom.
Tucker v. Forty-Five Twenty-Five, Inc., 199 So. 2d 522 (Fla. Dist. Ct. App. 1967)

113 Customs and Usages

Posted by headnoteoftheday at 6:00 am
Labels: Headnote of the Day

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Friday, March 26th, 2010

West Headnote of the Day – March 26, 2010

West's Key 349 Searches and Seizures
West's Key 349VI Judicial Review or Determination
West's Key 349k200 k. Scope of Inquiry or Review, in General.

In analyzing officers’ actions in connection with a protective sweep executed in conjunction with an in-home arrest, courts should not, in the quiet of their chambers, look with eagle’s eyes to spy out flaws in officers’ reasoning after the fact.
United States v. Green, 560 F.3d 853 (8th Cir. 2009)

Suggested by Kara Boucher, Principal Attorney Editor, West

349 Searches and Seizures

Posted by headnoteoftheday at 6:00 am
Labels: Headnote of the Day

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Thursday, March 25th, 2010

WestlawNext question: How are search results organized?

If you’ve seen WestlawNext in action, you know that it searches in an entirely new way. Rather than choosing a database first, you simply search through all of West’s core legal content and secondary sources in a single pass. The system gives you multiple ways to slice and dice the results, so you can quickly pinpoint the best resources.

OK, that’s great – but how are these supercharged search results organized? This is a question we’ve heard from many of you, so we asked Kim Ellenberg, a West reference attorney, to explain.

Reference attorneys like Kim answer questions like this every day, and they played a critical role in shaping WestlawNext in the years leading up to its launch. The feedback from customers continues daily, and reference attorneys continue to suggest enhancements to WestlawNext based on what they hear from you.

So please keep the queries coming – and know that, even if we can’t respond directly, we do make note of every comment and tweet that comes our way.

Posted by Jon Hanke at 11:01 am
Labels: Offers & Promotions, Roadshows, West Reference Attorneys

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Thursday, March 25th, 2010

West Headnote of the Day – March 25, 2010

West's Key 176 Fish
West's Key 176k12 k. Preservation and Propagation.

As sovereign, state has power to determine when and under what conditions fish running wild may be taken and thus reduced to ownership, but it does not have such property interest in the fish while they are in a wild state sufficient to support a civil action for damages for destruction of those fish which have not been reduced to possession.
State by Stuart v. Dickinson Cheese Co., 200 N.W.2d 59 (N.D. 1972)

176 Fish

Posted by headnoteoftheday at 6:00 am
Labels: Headnote of the Day

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Wednesday, March 24th, 2010

Find the right database – no identifier required

From the Westlaw Reference AttorneysWestlaw tip: Know the name of a database but not the identifier? You can easily find a database by describing it in plain English in the “Search for a Database” box. Westlaw will display the databases that most closely match your description with links to the search screens and SCOPE icons.

Try typing “Wright and Miller” or “New York Statutes” into the “Search for a Database” box and you will be taken to the pertinent databases.

(Provided by West Reference Attorneys)

Posted by Jon Hanke at 9:29 am
Labels: Tips, West Reference Attorneys, Westlaw

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