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Lexis
®
Learn is an online learning plaorm that includes interacve video tutorials
on basic and advanced legal research skills, with built-in assessment. The Teacher’s
Manual provides details on each Lexis Learn module so you can assess which modules
will best supplement your research curriculum.
Lexis
®
Learn
Teacher’s Manual
LEXIS LEARN TEACHER’S MANUAL
Fall 2019 Contents
• About Lexis Learn
• Hypothetical
• Module 1: Online Basics: Document Retrieval, Source Selection & Navigation
o Learning Objectives
o Summary
o Questions
• Module 2: Constructing an Effective Search
o Learning Objectives
o Summary
o Questions
• Module 3: Why Start with Secondary Sources?
o Learning Objectives
o Summary
o Questions
• Module 4: Finding the Right Statute and Statutory Interpretation
o Learning Objectives
o Summary
o Questions
• Module 5: Finding the Best Cases for Your Research
o Learning Objectives
o Summary
o Questions
• Module 6: Making Sure You’re Citing Good Law
o Learning Objectives
o Summary
o Questions
• Module 7: Finding More Authority from a Case
o Learning Objectives
o Summary
o Questions
• Module 8: Researching Administrative Law Issues
o Learning Objectives
o Summary
o Questions
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• Module 9: Legislative History Research
o Learning Objectives
o Summary
o Questions
• Module 10: Drafting Documents for Transactional Practice
o Learning Objectives
o Summary
o Questions
• Module 11: Briefs, Pleadings & Motions
o Learning Objectives
o Summary
o Questions
• Module 12: Topical Searches and Using Headnotes
o Learning Objectives
o Summary
o Questions
• Module 13: Starting Practice Area Research
o Learning Objectives
o Summary
o Questions
• Module 14: Legal Analytics: Researching Judges and Expert Witnesses
o Learning Objectives
o Summary
o Questions
• Administration:
o How to preview modules
o How to set up a class and assign modules
o How to view analytics by class, student and module
o The Student experience
• FAQs
• Support & Resources
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About Lexis
®
Learn
Hypothetical
Lexis Learn is an interactive learning platform designed to supplement the research
curriculum and is exclusively available to law school faculty as part of their school’s
LexisNexis subscription. Lexis Learn includes eleven high-quality video tutorials covering
basic and advanced legal research skills. The modules include an animated hypothetical,
and clear explanations with questions surfacing throughout to keep students engaged
and evaluate their understanding. Faculty can track and assess learning outcomes via a
powerful dashboard providing rich analytics by class, student and individual module.
Lexis Learn is flexible and easy to administer. The modules complement one another,
but can also stand on their own, so you can assign one or more modules that best
align with your research curriculum. Lexis Advance is used to demonstrate the concept
or skill, but the terminology is neutral, so skills learned can be applied to other online
research systems. Each module takes approximately twelve minutes to complete, including
answering the questions. It only takes a couple minutes for a professor to set up a class
and assign modules. Students then self-enroll.
Lexis Learn module content, including questions, are co-authored by law school librarians,
LR&W professors, and practicing attorneys. Questions surface throughout each module
that test students’ understanding of the content covered. Some questions reinforce key
concepts and others require students to perform research to apply the skills or process
learned. Students can go back to review prior content if necessary for them to answer the
question correctly. If answered incorrectly, a student will learn what the correct answer
is including an explanation on how to find the correct answer. At the end of the module,
a student will see their score. Faculty can view student performance by question in the
Responses report under Module Analytics.
The “script” below is the hypothetical used in modules 2 through 7. Module 2 includes the
animated hypothetical. Other modules include a portion of the animated hypothetical that
present the facts and legal issues pertinent to the specific module. Modules 8 to 11 each
have their own short animated hypothetical with a similar look and feel.
“You’re interning for the New York District Attorney’s Office, and have been assigned to a drug
trafficking case involving the use of GPS technology to track the movements of a suspected
cocaine dealer – H.J. Thompson.
Mr. Thompson came under suspicion after stealing a bee keeper suit and a large pile of sugar
he used to steal a swarm of bees from an apiary close to his home. Local law enforcement
officers believe that these smaller crimes were committed by Mr. Thompson as a part of a
larger plan to manufacture and distribute cocaine from his home town of Cape Fere, New York.
Officers obtained a warrant for a one month period to track Mr. Thompson’s movements with
a GPS device attached to his car. Finding no evidence of drug trafficking during this period, the
officers continued to use the GPS device after the warrant expired.
Mr. Thompson was later tracked going to and from the location of a known cocaine distributor
several times. On the day of his arrest Mr. Thompson was returning from the same location.
The officers stopped Mr. Thompson’s car and found 10 lbs. of cocaine hidden in the trunk
You’ve been asked to draft a memorandum recommending the charges that can be brought
against Mr. Thompson based on relevant criminal statutes and case law. The District Attorney
is concerned about Mr. Thompson’s case because the warrant had expired when the evidence
of Mr. Thompson’s drug activity was discovered. Mr. Thompson’s theft of the sugar, bees and
bee keeper suit was documented by officers based on statements from the apiary owner.“
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Module 1: Online Basics: Document Retrieval,
Source Selection & Navigation
Learning Objectives:
• Understanding the factors that are important when conducting online research
• Retrieving legal documents by citation and cases by party name
• Locating a specific source efficiently
• Using a Table of Contents to navigate a source
• Locating coverage information for a particular source
• Accessing previous research
• Managing research through delivery options
Summary: In this module, students will learn basic skills useful for class preparation
purposes including how to retrieve documents using the information available (e.g.,
citation, case name etc.). Students learn how to use the integrated tools to locate a
specific source or group of sources quickly, and how to navigate a Table of Contents
to get to sections of interest. Students learn how to find source information including
coverage dates. This module covers how to efficiently return to prior research results and
how to organize your research including delivery options such as downloading, printing,
emailing, and drop box. Also, students learn how to manage research electronically using
online folders and annotation options.
Questions in this module (apply the concepts/skills covered):
QUESTION 1: When was the Palsgraf v. Long Island Railroad case decided?
March 29, 1958
March 29, 1928
May 29, 1938
May 29, 1928
CORRECT: The Court of Appeals of New York decided this case on May 29, 1928
INCORRECT: The correct answer is May 29, 1928. The date decided appears at the
top of the document above the name of the court, Court of Appeals of New York
QUESTION 2: What is the name of the case, cited as 84 N.H. 114?
Miller v. Hawk
McGee v. Hawkins
Hawk v. United States Fidelity Co.
Hawkins v. McGee
CORRECT: Hawkins v. McGee is the name of the case cited as 84 N.H. 114.
INCORRECT: The correct answer is Hawkins v. McGee. The case name appears at the
top of the document. To retrieve this case, simply enter 84 N.H. 114 in the search bar
and click search.
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QUESTION 3: Question: What sub-section in Restat 2d of Torts @ 463 discusses the
difference between negligence and contributory negligence
@463a
@463b
@463c
CORRECT: 463b is titled, Difference between negligence and contributory negligence.
INCORRECT: The correct answer is section 463b, which is titled Difference between
negligence and contributory negligence.
QUESTION 4: True or false. Rule 14 under Title III of the Federal Rules of Civil Procedure
is titled Counterclaim and Crossclaim.
• True
• False
CORRECT: False. Rule 13 is titled Counterclaim and Crossclaim.
INCORRECT: The correct answer is False. Rule 14 of the Federal Rules of Civil
Procedure is titled Third Party Practice. Rule 13 covers counterclaims and crossclaims.)
QUESTION 5: Which of the following statements is false? When conducting legal research,
it’s important to:
be comprehensive in your research
find the most current governing authority
find citing authority recognized by the court
find an on-point case from any jurisdiction
use editorial enhancements and features in online research systems that save you time
CORRECT: When conducting legal research, it’s important to be comprehensive, find
the most current and binding authority in your jurisdiction, and use the research tools
that help you be more efficient.
INCORRECT: An on-point case from another jurisdiction is not binding. You must
find on-point cases from the controlling jurisdiction. It’s also important to be
comprehensive, find the most current authority in your jurisdiction, and use the
research tools that help you be more efficient when conducting legal research.
QUESTION 6: From what period of time can you find articles from the Harvard Law Review?
1982 through current
1988 through current
1998 through current
1999 through current
CORRECT: Coverage of the Harvard Law Review is from 1982 through current on
Lexis Advance.
INCORRECT: The correct answer 1982 through current. The easiest way to locate this
information is to start typing Harvard Law Review in to the red search box. In the
word wheel, click on the “I” located to the right of Harvard Law Review. You can also
access this feature when locating the source in Browse > Sources and via
Explore Content.
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Module 2: Constructing an Effective Search
Learning Objectives:
• Understanding the difference between a natural language and a terms and connectors search
• Using filters to refine your search results
• Selecting content prior to running a search
• Using search terms and commands, and guided search templates
• Searching in secondary materials
• Searching in case law by jurisdiction
Summary: In this module, students will learn search methodology, specifically how to
construct an effective search on an electronic legal research system. The module begins
by having students consider a hypothetical and then discusses how to choose search
terms to run a natural language search for secondary sources. Students are then taught
how to use filters to refine the search results and narrow by jurisdiction. Students are
also shown how to use filters prior to running a search. After completing several natural
language searches, students learn about the benefits of terms and connectors searching,
and how to retrieve a list of all the connectors and commands. They get practice
constructing searches using terms and connectors and refining the results. Students are
also introduced to guided search templates.
Questions in this module (apply the concepts/skills covered):
QUESTION 1: What would be the most efficient way to refine your secondary materials
results to include New York materials only?
Start over and include New York in your initial search query
Search for New York in the “Search Within Results” filter
Select New York as a filter under Jurisdiction on the left
CORRECT: Using the Narrow By filters to refine by Jurisdiction is the most efficient
way to retrieve New York secondary materials after running a search.
INCORRECT: “Select New York as a filter under Jurisdiction on the left” is the most
efficient way to retrieve New York secondary materials after running a search.
Searching for the term New York will include irrelevant documents that mention
the term “New York” but do not necessarily cover New York law on the matter.
QUESTION 2: Which of the following filters is not available when viewing secondary
materials results for the search: gps tracking warrant?
Most Cited
Category
Sources
Practice Area & Topics
CORRECT: Most Cited is not available as a Narrow By filter in Secondary Materials.
INCORRECT: The correct answer is Most Cited. Category, Sources and Practice Areas
& Topics are available filters under Narrow By.
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QUESTION 3: Based on your GPS tracking issue, create a terms & connectors search
related to the hypothetical.
CORRECT/INCORRECT: After reviewing the fact pattern and identifying the legal
issues in a case, it’s up to the researcher to determine the key words to include
in a search. Think about what words must be in every relevant document. How close
should those words appear to one another? This will help you decide what connectors
to use. For example, warrant and gps /s tracking and car or vehicle)
QUESTION 4: The atleast command requires that a term or terms appear “at least” so
many times in a document. Hint: expand the list of connectors in Advanced Search
• True
• False
CORRECT: True. Use atleast when you want a particular word to appear a certain
number of times in each document.
INCORRECT: The correct answer is True. The atleast command requires that a term or
terms appear a specified number of times in each document. i.e. atleast10(FDA)
QUESTION 5: The name of the New York Court of Appeals case decided on May 12, 2009
is People v. Brisson? Hint: view New York federal and state case results from the previous
terms & connectors search.
• True
• False
CORRECT: False. People v. Weaver was decided on May 12, 2009. This case appears
towards the top of your results list after running the search warrant and gps/s
tracking and car or vehicle, and using the Court filter to refine to New York Court of
Appeals.
INCORRECT: The answer is False. People v. Weaver was decided on May 12, 2009.
This case appears towards the top of your results list after running the search,
warrant and gps/s tracking and car or vehicle, and using the Court filter to refine to
New York Court of Appeals.
QUESTION 6: You want to find secondary materials discussing liability in the context
of bullying via social media. Run the following natural language search and terms &
connectors search and compare your results.
-Natural Language search: liability bully social media
-Terms & Connectors search: liab! and bully and social media
• (Open Field answer) What differences do you notice in the number of your
results?
Any other obervations?
CORRECT/INCORRECT: Both searches will retrieve potentially relevant documents.
Natural language typically retrieves a larger result set, since terms & connectors
searching includes specific criteria. Both searches produce results ranked by relevancy
as the default. Alternative terms to consider include cyberbully, facebook, twitter etc.
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QUESTION 7: Which of the following statements is false?
Advanced Search provides guided search forms by content type.
Filters are available before and after running a search.
Terms & connectors searching allows you to control how close your terms should
appear to one another.
Case law results can be sorted by relevance, court, date and good law.
CORRECT: Correct. Case law results can be sorted by relevance, court, and date, but
not by good law.
INCORRECT: The last statement is false. Case law results can be sorted by relevance,
court, and date, but not by good law. Use the Shepard’s
®
Citations Service to
determine if the cases you are relying on are good law.
Module 3: Why Start with Secondary Sources
Learning Objectives:
• Learning why secondary sources are useful when researching a legal issue
• Understanding the different types of secondary materials available
• Running a search in secondary materials and refining with jurisdiction and other filters
• Navigating in a legal treatise using the Table of Contents
• Identifying relevant primary authority from a secondary source
Summary: In this module, students will learn the importance of exploring secondary
sources when conducting legal research and how they are useful for finding relevant
authority and background information. The module begins by having students consider
a hypothetical. Students then learn about the different types of secondary materials
available, how to conduct a search in secondary sources and refine results using pre and/
or post search filters. Students also learn how to navigate those results and hone in on
the most relevant information within a particular secondary source. Finally, the module
teaches how to identify and access primary authority that is relevant to the issue at hand.
Questions in this module (apply the concepts/skills covered):
QUESTION 1: Which of these is not a secondary source?
An article from the National Law Journal
A law review article
An annotation from the American Law Reports
A United States Code Section
CORRECT: A United States Code Section is primary authority because it is a statute
created by the legislature.
INCORRECT: The correct answer is a United States Code Section because the United
States Code is primary authority.
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QUESTION 2: Which secondary source would you use for a quick summary of the law or a
legal definition?
Law Review
Legal Treatise
Legal Encyclopedia
Restatement
CORRECT: Legal Encyclopedias provide quick summaries of the law or legal definitions.
INCORRECT: The correct answer is Legal Encyclopedias. Law Reviews and Journals
provide scholarly analysis of a legal topic. Legal Treatises provide annotated analysis
from leading experts. Restatements restate case law into concise statements of the
law for a specific legal topic.
QUESTION 3: Treatises typically include which of the following types of information?
Expert legal analysis of a legal topic
Citations to cases related to a legal topic
Citations to statutes related to a legal topic
All of the above
CORRECT: Treatises contain expert analysis of legal topics, as well as citations to cases
and statutes related to a legal topic.
INCORRECT: The correct answer is “all of the above.” Treatises contain expert analysis
of legal topics, as well as citations to cases and statutes related to a legal topic.
QUESTION 4: Under which of the following conditions is valuation disregarded in satisfying
the conditions of Grand Larceny in the Fourth Degree?
Property is a motorcycle
Property is made of precious metals
Property is a computer
Property is taken from the person of another
CORRECT: Under the treatise’s discussion of New York’s grand larceny statute, the
taking of property from another person constitutes grand larceny in the fourth degree
regardless of the property’s nature and value.
INCORRECT: The correct answer is “Property is taken from the person of another.”
Under the treatise’s discussion of New York’s grand larceny statute, the taking of
property from another person constitutes grand larceny in the fourth degree reardless
of the property’s nature and value.
QUESTION 5: What is the Penal Law section from the New York Consolidated Laws
Service for Grand Larceny in the Fourth Degree?
155.42
155.40
155.35
155.30
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CORRECT: NY CLS Penal Law 155.30 is Grand Larceny in the Fourth Degree.
INCORRECT: The correct answer is 155.30. NY CLS Penal Law 155.30 is Grand
Larceny in the Fourth Degree. Scroll to the top of the treatise section to see the code
section for Grand Larceny in the Fourth Degree.
QUESTION 6: True or false? A law review article is not binding authority, but may contain
cases and statutes that are binding authority?
• True
• False
CORRECT: Law review articles provide scholarly analysis of a specific legal topic and
cite the relevant primary authority supporting the analysis. This includes important
cases and statutes.
INCORRECT: The correct answer is true. Law review articles provide scholarly analysis
of a specific legal topic and cite the relevant primary authority supporting the
analysis. This includes important cases and statutes.
QUESTION 7: What is the citation for United States v. Jones from footnote 1 of 48
Creighton L. Rev. 553?
22 F.3d 736
132 S. Ct. 945
442 U.S. 735
474 F.3d 994
CORRECT: Footnote 1 from this law review article cites United States v. Jones, 132 S.
Ct. 945 (2012).
INCORRECT: The correct answer is 132 S. Ct. 945. Click the link to footnote 1 from
this law review article to see the correct citation.
QUESTION 8: What court decided People v. Weaver, 12 N.Y.3d 433, from footnote 48?
Court of Appeals of New York
Supreme Court of New York
District Court for the Southern District of New York
Second Circuit Court of Appeals
CORRECT: People v. Weaver was decided by the Court of Appeals of New York. The
Court of Appeals of New York is the highest state court in the state of New York.
Click the link to the Weaver case to see the court under the case name.
INCORRECT: The decision you uncovered for People v. Weaver was decided by the
Court of Appeals of New York. The Court of Appeals of New York is the highest state
court in the state of New York. Click the link to the Weaver case to see the court
under the case name.
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Module 4: Finding the Right Statutes and
Statutory Interpretation
Learning Objectives:
• Finding a statute when you have the citation
• Using annotations and case notes
• Finding sources in a particular jurisdiction
• Finding relevant case notes in the Notes to Decisions
Summary: In this module, students will learn how to find the controlling statutes related
to their issue in an electronic research system. The module begins explaining the
difference between a code and statute. An animation presents pertinent facts and legal
issues related to the hypothetical. Students learn how find a statute by using the statute’s
citation and how to identify the relevant sections within. Then, students learn how
to explore the case notes in the statute’s annotations to find relevant case references
interpreting the statute. Students also learn how to navigate a statute’s table of contents
to find related sections.
Questions in this module (apply the concepts/skills covered):
QUESTION 1: True or false? Statute and code are interchangeable terms in the law.
• True
• False
CORRECT: Statute and code are not legal synonyms. Codes are a collection of statutes,
and statutes are the individual sections of each code.
INCORRECT: The correct answer is False. Statute and code are not legal synonyms
Codes are a collection of statutes, and statutes are the individual sections of each
code.
QUESTION 2: Using the Table of Contents to the left of NY CLS Penal Law 155.30, under
which code section can you find definitions of the terms used in 155.30?
155.00
155.05
155.10
155.20
CORRECT: Section 155.00 of the New York Penal Law contains the definitions of
terms for Article 155 Larceny.
INCORRECT: The correct answer is 155.00. This section of the New York Penal Law
contains the definitions of terms for Article 155 Larceny.
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QUESTION 3: How many counts of larceny in the fourth degree can you charge Mr.
Thompson with based on code section 155.30?
Hint: assume there’s evidence Mr. Thompson took the bee keeper suit off the apiary.
One count for theft of bees
Two counts for theft of bees and bee keeper suit
Three counts for theft of bees, sugar and a bee keeper suit
Mr. Thompson cannot be charged with larceny in the fourth degree
CORRECT: Mr. Thompson can be charged with two counts under subsection one and
one count under subsection five of NY CLS Penal Law 155.30.
INCORRECT: The correct answer is three counts. One for the bees, one for the sugar
and one for the bee keeper suit. The bees and sugar are both valued at more than
$1,000 so subsection one of the statute applies. The bee keeper suit was taken from
the person of the apiary owner so subsection five applies.
QUESTION 4: According to what the cases say in the annotations to 155.30, can you use
the victim’s testimony to prove the value of stolen property for the crime of grand larceny
in the fourth degree?
Yes, according to People v. Mayerhofer
No, according to People v. Mayerhofer
Yes, according to People v. Duran
No, according to People v. Duran
CORRECT: People v. Mayerhofer allowed a victim’s testimony to prove the value of
stolen goods.
INCORRECT: In the annotations to NY CLS Penal Law 155.30 under section 15
Value of Property there is a note from the People v. Mayerhofer case where the
victim’s testimony was used to prove the value of stolen goods
QUESTION 5: What source would you use to find individual statutes from New York?
The United States Code
New York Advance Legislative Service
New York State & Federal Court Rules
New York Consolidated Laws Service
CORRECT: The New York Consolidated Laws Service contains the complete text and
annotations for the individual statutes of the state of New York. It might also be
referred to as the New York Code.
INCORRECT: The correct answer is New York Consolidated Laws Service. It is the
complete text and annotations for the individual statutes of the state of New York. It
might also be referred to as the New York Code
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QUESTION 6: How many degrees of criminal possession of a controlled substance are
there in New York based on the code sections displayed in the table of contents?
Seven
Six
Five
Four
CORRECT: There are six degrees of criminal possession of a controlled substance in
New York—first, second, third, fourth, fifth and seventh
INCORRECT: The correct answer is six. Clicking the table of contents slider to the
left of NY CLS Penal Law 220.16 displays all six in the table of contents of the New
York Consolidated Laws Service, the sixth was repealed leaving a total of six not
seven.
QUESTION 7: True or false? These are the cases from New York courts interpreting
section 220.21 of the New York Penal Law.
True
False
CORRECT: You will find important cases interpreting section 220.21 organized by the
legal topic analyzed under the notes to decisions.
INCORRECT: The correct answer is True. You will find important cases interpreting
section 220.21 organized by the legal topic analyzed under the notes to decisions.
QUESTION 8: Which section of the New York Penal covers the “automobile presumption”
related to criminal possession of a controlled substance?
220.22(3)
220.23(1)
220.24(5)
220.25(1)
CORRECT: NY CLS Penal Law 220.25(1) contains the “Automobile Presumption” for
New York as it relates to criminal possession of a controlled substance.
INCORRECT: The correct answer is NY CLS Penal Law 220.25(1). This code section
contains the “Automobile Presumption” for New York as it relates to criminal
possession of a controlled substance
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Module 5: Finding the Best Cases for
Your Research
Learning Objectives:
• Finding a case by citation
• Locating parallel citations
• Using editorial case enhancements: case summary and headnotes
• Using integrated tools to navigate within a case
• Finding additional cases addressing a relevant headnote
• Using filters to narrow search results, including search within results
• Using topic summary reports to better understand a legal topic and find additional
authority
Summary: In this module, students will learn how to find case law using an electronic
research system. The module begins by having students consider a hypothetical. They
start by retrieving a case by citation relevant to the legal issue presented. Students then
learn about the various parts of the case, including the case summary (procedural posture,
overview and outcome). Students learn what headnotes are and how they are categorized.
Students learn how to find cases similar to a particular headnote. Then, students use
filters to narrow their search further to a particular jurisdiction and court. Finally, students
find and examine a topic summary and use the search within results feature.
Questions in this module (apply the concepts/skills covered):
QUESTION 1: Why is case law of paramount importance to the United States legal system?
The United States is a civil law legal system
The United States is a common law legal system
The United States is a code based legal system
The United States is an administrative legal system
CORRECT: A common law system is a legal system that gives great precedential
weight to case law, so that consistent principles applied to similar facts yield similar
outcomes.
INCORRECT: The correct answer is a Common Law Legal System. A common law
system is a legal system that gives great precedential weight to case law, so that
consistent principles applied to similar facts yield similar outcomes.
QUESTION 2: What is the citation from the Northeast Reporter for the People v. Weaver
case, decided in 2009?
997 N.E.2d 468
909 N.E.2d 1195
913 N.E.2d 356
12 N.E.3d 1091
CORRECT: Correct, the parallel citations are always found at the top of the case just
below the case name.
INCORRECT: The correct answer is 909 N.E.2d 1195. The parallel citations are always
found at the top of the case just below the case name.
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QUESTION 3: True or false? Headnotes directly quote language from case.
True
False
CORRECT: Headnotes are direct quotes of the law from a case organized by legal topic.
INCORRECT: The correct answer is True. Headnotes are direct quotes from a case
organized by legal topic.
QUESTION 4: The Scope of Protection topic summary covers the U.S. Federal jurisdiction.
Is there a similar report that covers New York?
Yes
No
CORRECT: The topic summary report for this topic from New York is available under
the jurisdiction options to the right.
INCORRECT: The correct answer is yes. The topic summary report for this topic from
New York is available under the jurisdiction options to the right.
QUESTION 5: How many Supreme Court of the United States cases under the topic of
Scope of Protection mention GPS?
0
1-10
11-20
20+
CORRECT: There are five cases from the Supreme Court of the United States for this
topic that mention a GPS device.
INCORRECT: The correct answer is 1-10 because there are five cases from the
Supreme Court of the United States for this topic that mention a GPS device. To see
these cases search GPS in the case law results for the Scope of Protection topic from
headnote 13 in People v. Weaver and narrow to only Supreme Court cases.)
QUESTION 6: How many cases that cite to United States v. Jones, 132 S. Ct. 945, analyze
it in a positive way?
0
1-10
11-20
20+
CORRECT: There are more than 200 cases analyzing Jones in a positive way. Review
the Shepard’s summary to the right of the case for the exact number.
INCORRECT: The correct answer is 20+. There are more than 200 case analyzing
Jones in a positive way. Review the Shepard’s summary to the right of the case for the
exact number.
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QUESTION 7: With constitutional law topics what court should always be checked in
your research?
United States District Courts
United States Court of Appeals
Supreme Court of the United States
None of the above
CORRECT: When researching constitutional law issues, the Supreme Court of the
United States should always be covered in your research because it is the highest
court in the land.
INCORRECT: The correct answer is Supreme Court of the United States. When
researching constitutional law issues, the Supreme Court of the United States should
always be covered in your research because it is the highest court in the land.
QUESTION 8: What are the names of the Supreme Court of the United States cases
connected to People v. Weaver?
James and Morrison
Estelle and Gamble
Bragdon and Abbott
Knotts and Jones
CORRECT: Knotts and Jones are the Supreme Court of the United States cases
connected to People v. Weaver.
INCORRECT: The correct answer is Knotts and Jones. They are the top cases connected to
People v. Weaver in the Ravel View for this issue.)
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Module 6: Making Sure You’re Citing Good Law
Learning Objectives:
• Identifying citator signals that designate negative history (e.g. reversed) or treatment
(e.g. overruled) associated with one or more points of law in the case
• Checking both the Appellate History and the Citing Decisions to find any cases that
could affect the validity of a relevant point of law
• Viewing the Appellate History Map to see a visual representation of a case’s path
through the courts
• Narrowing citing decisions by analysis, court, depth of discussion and particular
headnote
• Sorting results by court, analysis, discussion depth or date
Summary: In this module, students will learn how to validate holdings in a case using a
legal citator. The module begins by having students consider a hypothetical. Students
learn how to identify signals that alert them to negative treatment and how to interpret
the citator reports provided. They learn how to review the appellate history and citing
decisions report of case to evaluate validity. They also learn how to use the tools within
to refine results to cases that negatively treat their case.
Questions in this module (apply the concepts/skills covered):
QUESTION 1: True or false? Citators are used to check the validity of cases, statutes
and regulations.
True
False
CORRECT: A citator is a tool that helps determine what has happened to a case,
statute, or regulation after it was released. This [information] helps you to determine if
the case is still valid and therefore citable.
INCORRECT: The correct answer is True. A citator is a tool that helps determine what
has happened to a case, statute, or regulation after it was released. This information
helps you to determine if the case is still valid and therefore citable.
QUESTION 2: According to the Shepard’s report for United States v. Lee, 22 F.3d 736, how
many other cases have questioned a ruling from Lee?
0-2
3-8
9-13
14+
CORRECT: 3-8 cases have questioned the Lee case. You can quickly see this in the
Shepard’s summary to the right of the Lee case.
INCORRECT: The correct answer is 3-8. You can quickly see this in the Shepard’s
summary to the right of the Lee case.
19
QUESTION 3: You can determine the validity of a case by viewing the signal attached to it.
True
False
CORRECT: These signals do not evaluate the validity of an entire case. Instead they
attach to points of law in a case and alert you to the way subsequent decisions have
analyzed those points of law. You must read the opinions to determine the effect
on validity.
INCORRECT: The correct answer is False. These signals do not evaluate the validity
of an entire case. Instead they attach to points of law in a case and alert you to the
way subsequent decisions have analyzed those points of law. You must read the
opinions to determine the effect on validity.)
QUESTION 4: Which are the most important decisions from a case’s appellate history
when validation checking?
Prior decisions
Subsequent decisions
Indirect decisions
None of the above
CORRECT: When you’re using Shepard’s to determine if a holding from your case is still
valid authority, subsequent decisions are the most important cases for your review
because they can affirm, invalidate or reverse the case you are validating.
INCORRECT: The correct answer is Subsequent Decisions. When you’re using
Shepard’s to determine if a holding from your case is still valid authority, subsequent
decisions are the most important cases for your review because they can affirm,
invalidate or reverse the case you are validating.
QUESTION 5: According to the Appellate History Map, where did the later proceedings
take place in World Wide Volkswagen, 444 U.S. 286?
U.S. Supreme Court
Federal Intermediate Court of Appeals
Federal Trial Court
Federal Administrative Agency
CORRECT: The later proceedings took place in the 10th Circuit Court of Appeals.
They are listed in the Federal Intermediate Court of Appeals level of the Appellate
History Map.
INCORRECT: The correct answer is Federal Intermediate Court of Appeals, because
the later proceedings took place in the 10th Circuit Court of Appeals. They are listed
in the Federal Intermediate Court of Appeals level of the Appellate History Map.
20
QUESTION 6: Use the Analysis filters to determine which of these decisions analyzing Lee
mentions violent felony and questions a holding from Lee?
United States v. Martin
United States v. Davis
United States v. Smith
United States v. Taylor
CORRECT: United States v. Taylor both discusses violent felony and questions a
holding from Lee.
INCORRECT: The correct answer is United States v. Taylor because it both discusses
violent felony and questions a holding from Lee. Use the Search Within Results filter
to search for violent felony, then narrow your results to cases with “Questioned”
level analysis.
QUESTION 7: Use the Analysis filters to find the case that mentions violent felony and
criticizes United States v. Lee, 22 f.3d 736.
United States v. Martin
United States v. Payne
Chue Xiong v. INS
United States v. Arnold
CORRECT: United States v. Payne both discusses violent felony and criticizes a holding
from Lee.
INCORRECT: The correct answer is United States v. Payne because it both discusses
violent felony and criticizes a holding from Lee. Use the Search Within Results filter
to search for violent felony, then narrow your results with the criticized by link under
the analysis filter.
QUESTION 8: Which of the cases that mention violent felony and distinguish themselves
from the Lee case has a deeper discussion of Lee?
United States v. Payne
Chue Xiong v. INS
CORRECT: United States v. Payne has a deeper discussion indicated by the
“Discussion meter.”
INCORRECT: The correct answer is United States v. Payne because it has a deeper
discussion indicated by the “Discussion meter.”
21
Module 7: Finding More Authority from a Case
Learning Objectives:
• Finding cases that have cited a particular case and how these cases treat specific
points of law
• Using the Grid view for a graphical display of the analysis by jurisdiction
and treatment
• Filtering and sorting citator results to locate most relevant cases
• Finding additional citing authority and commentary through secondary materials that
cite to a particular case
• Using the Table of Authorities to examine the underpinnings of a case
Summary: In this module, students will learn how to expand their case research using a
legal citator and how to find additional cases that support their legal issue using filters.
The module begins with a hypothetical. Students learn how to access additional sources
that cite to their case (e.g., statutes, regulations, and secondary materials) and how they
may be useful. Finally, students learn how to use a Table of Authorities to explore the
underpinnings of a case.
Questions in this module (apply the concepts/skills covered):
QUESTION 1: What federal circuit court has the most cases citing United States v. Howze,
343 F.3d 919?
1st Circuit
6th Circuit
7th Circuit
10th Circuit
CORRECT: The 7th Circuit court includes more than 40 cases citing United States
v. Howze
INCORRECT: The correct answer is the 7th circuit with more than 40 cases citing
United States v. Howze. Click Citing Decisions on the left, then the Grid on the right
to view Analysis by Court
QUESTION 2: True or False. Citators can be used to find more authorityaddressing
a legal issue.
CORRECT: Using a citator service is an efficient means of finding additional authority.
INCORRECT: The correct answer is True. Using a citator service is an efficient means
of finding additional authority.
QUESTION 3: In the United States v. Jones case, which headnote addresses whether a
GPS device attached to a vehicle for monitoring purposes constitutes a “search”?
HN 2
HN 3
HN 6
HN 7
22
CORRECT: Headnote 3 states: The Government’s installation of a global-positioning-
system device on a target’s vehicle, and its use of that device to monitor the vehicle’s
movements, constitutes a “search.”
INCORRECT: The correct answer is Headnote 3 that states: The Government’s
installation of a global-positioning-system device on a target’s vehicle, and its use of
that device to monitor the vehicle’s movements, constitutes a “search.”
QUESTION 4: What is the name of the New York Court of Appeals case that cites to
United States v. Jones pursuant to HN 3?
New York State Dept. of Labor v. Matter of Claremont
Paige v. N.Y. City Police Dep’t
United States v. Baez
People v. Lewis
CORRECT: People v. Lewis cites United States v. Jones on page 903 related to HN 3.
INCORRECT: The correct answer is People v. Lewis. Using filters on the left, select
New York under States. This case cites United States v. Jones on page 903 related to
HN 3.)
QUESTION 5: What is the United States Supreme Court case that relied on United States
v. Jones to support its Fourth Amendment challenge on appeal on March 30, 2015?
Florida v. Jardines
Riley v. California
Grady v. North Carolina
Cuevas-Perez v. United States
CORRECT: Grady v. North Carolina
INCORRECT: The correct answer is Grady v. North Carolina. In the Shepard’s report
for United States v. Jones, remove any filters and select Citing Decisions. All Supreme
Court cases are listed first as the default. In Grady v. North Carolina, read the portion
of the case where U.S. v. Jones is cited.)
QUESTION 6: What is the name of the New York state case cited in the Jones opinion?
United States v. Burke
People v. Weaver
Thrifty-Tel, Inc. v. Bezenek
United States v. Gerber
CORRECT: People v. Weaver is the only New York state case cited by United States
v. Jones
INCORRECT: The correct answer is People v. Weaver. In the Shepard’s report for
United State v. Jones, select Table of Authorities. Filter by New York under State
Courts. There is only one New York case cited by United States v. Jones.)
23
QUESTION 7: In People v. Weaver, what is the number of the HN that states that a
warrant is required to monitor an individual’s whereabouts using a GPS device?
HN 7
HN 9
HN 11
HN 13
CORRECT: HN 13 states that a warrant is required to monitor an individual’s
whereabouts using a GPS device.
INCORRECT: The correct answer is HN 13. In the People v. Weaver case, scroll down
the case brief to the Headnotes. HN 13 states, ”…the installation and use of a GPS
device to monitor an individual’s whereabouts requires a warrant supported by
probable cause.”
QUESTION 8: Which of the following statements is false. Shepard’s Citation Service can
help me:
Find cases that cite my case related to a relevant headnote
Sort Citing Decisions by date
Filter Citing Decisions to a specific jurisdiction
Find additional materials that address my issue but do not cite my case.
Find secondary sources that cite my case
CORRECT: Shepard’s provides a list of cases and other sources that specifically cite to
the case you are checking.
INCORRECT: “Find additional materials that address my issue but do not cite my case”
is false. Shepard’s provides a list of cases and other sources that specifically cite to the
case you are checking.
Module 8: Researching Administrative Law Issues
Learning Objectives:
• Learning how a regulation differs from statute
• Understanding the regulatory process
• Finding related regulations from a relevant federal statute
• Using a table of contents to navigate the CFR
• Updating a regulation
• Finding cases that cite to a relevant regulation
Summary: In this module, students will learn the basics of researching administrative law
using an online research system. The module begins explaining the difference between
an enabling statute and a regulation, and how regulations are set forth and published.
Students then view a hypothetical that sets forth the research issues. Students learn
the process of finding related regulations for a relevant statute, how to use the tools to
navigate within an administrative code, and how to update relevant regulations. Students
also learn how to find cases that apply a relevant regulation.
Questions in this module (apply the concepts/skills covered):
24
QUESTION 1: After a federal agency rule is finalized, it is codified in the
Federal Register
United States Code
Code of Federal Regulations
CORRECT: The final rule is codified in the Code of Federal Regulations.
INCORRECT: The correct answer is code of Code of Federal Regulations.
QUESTION 2: True or false. Administrative agencies only enforce regulations. They do not
create regulations.
True
False
CORRECT: Agencies are typically granted the power to both create and enforce
regulations.
INCORRECT: The correct answer is False. Agencies are typically granted the power to
both create and enforce regulations.)
QUESTION 3: What chapter under title 7 of the United States Code is dedicated to
Honeybees?
Chapter 9
Chapter 10
Chapter 11
Chapter 12
CORRECT: Clicking the slider to the left of 7 USCS 281 lets you view the Table of
Contents and navigate to the chapter headings where Chapter 11: Honeybees is
listed.
INCORRECT: The correct answer is Chapter 11. Clicking the slider to the left of 7
USCS 281 lets you view the Table of Contents and navigate to the chapter headings
where Chapter 11: Honeybees is listed.
QUESTION 4: 7 CFR 322.1 defines important terms governed by the regulations under
Part 322 of the Code of Federal Regulations. Which term is not mentioned in this
section?
• Brood
• Honeybee
• Killer Bee
• Queen
CORRECT: Killer Bee is not mentioned in this regulation.
INCORRECT: The correct answer is Killer Bee. Use the Search Document function at
the top of the regulation to search the word killer.
25
QUESTION 5: Which subsection of 7 CFR 322.2 covers the actions the Animal and Plant
Health Inspection Service can take with regard to the used beekeeper suit and the colony
of killer bees?
a
b
c
None of the above
CORRECT: Subsection (c) of 322.2 enumerates the actions the APHIS can take with
regard to the used beekeeper suit and colony of killer bees.
INCORRECT: The correct answer is subsection (c) of 322.2 because it enumerates the
actions the APHIS can take with regard to the used beekeeper suit and colony of
killer bees.
QUESTION 6: True or false. The Federal Register is the official daily newspaper of the
federal government of the United States where agencies publish proposed and final rules.
True
False
CORRECT: The Federal Register is the official daily newspaper of the federal
government of the United States where agencies publish proposed and final rules.
INCORRECT: The correct answer is True. The Federal Register is the official daily
newspaper of the federal government of the United States where agencies publish
proposed and final rules.)
QUESTION 7: USDA is the abbreviation for which federal agency?
• United States Department of Apiaries
• United States Department of American Honeybees
• United States Department of Agricultural Progress
• United States Department of Agriculture
CORRECT: USDA is the abbreviation for the United States Department of Agriculture.
INCORRECT: The correct answer is the United States Department of Agriculture.
QUESTION 8: What is another term you could use to search through these cases for
interpretation of your issue?
• Africanized bees
• USDA
• All of the above
• None of the above
CORRECT: The correct answer is All of the Above. Africanized bees is another name
for killer bees, and USDA finds cases that could discuss administrative decisions from
the USDA.
INCORRECT: The correct answer is All of the above. Africanized bees is another name
for killer bees, and USDA finds cases that could discuss administrative decisions from
the USDA.
26
Module 9: Legislative History Research
Learning Objectives:
• Understanding the purpose and uses of legislative histories
• Understanding the process or steps involved in conducting legislative history research
• Reviewing the controlling statute to identify the applicable public law
• Exploring bill tracking and bill text reports to view any changes to a bill
• Researching congressional materials to find discussion of relevant statutory language
Summary: In this module, students will learn how to conduct federal legislative history
research using an online research system. The module begins explaining what legislative
history research means and the process. Students then view a hypothetical that sets
forth the legislative history research assignment. Students walk through each step of the
process:
• finding the enacted or amended statute
• selecting the appropriate public law
• identifying the bill number, chamber and bill title
• reviewing bill tracking and bill text reports
• running a search for the name of the bill
• reviewing legislative documents
Questions in this module (apply the concepts/skills covered):
QUESTION 1: True or false. Legislative History research includes locating congressional
committee reports and floor debate discussing the law.
True
False
CORRECT: True. Thorough legislative history research includes reviewing congressional
committee reports and floor debates for discussion of the particular law.
INCORRECT: The correct answer is True. Thorough legislative history research
includes reviewing congressional committee reports and floor debates for discussion
of the particular law.
QUESTION 2: Review finding relevant sections from an act. In the Plant Protection Act, 7
U.S.C.S. 7734, which subsection addresses importing or exporting plant pests?
(a)(2)
(a)(1)(B)
(b)(1)(A)
(b)(3)
CORRECT: Subsection (a)(1)(B) addresses importing or exporting plant pests.
INCORRECT: The correct answer is subsection (a)(1)(B) of 7 U.S.C.S. 7734 which states
“A person that knowingly imports, enters, exports, or moves any plant, plant product,
biological control organism, plant pest, noxious weed, or article, for distribution
or sale,…”
27
QUESTION 3: Which section of a statute lists public laws?
Research References
Case Notes
History
CORRECT: Public law references are located under History
INCORRECT: The correct answer is History. Public Law references are located under
the History portion of the statute. When viewing a statute, scroll down to History or
use the Go To feature in the top navigation bar to “jump” to this portion of the statute.
QUESTION 4: Referring to the bill tracking report, 107 Bill Tracking H.R. 3162, on what
date was the bill introduced to the House?
October 23, 2001
October 25, 2001
October 26, 2001
December 13, 2001
CORRECT: This bill was introduced to the House on October 23, 2001.
INCORRECT: The correct answer is October 23, 2001. In the bill tracking report, scroll
down to the section titled Status. The first entry indicates the bill was introduced to
the House on October 23, 2001.
QUESTION 5: Run this search, “domestic terrorism” /s defin! and (3162 or “patriot act”) in
Statutes & Legislation. Filter by source to congressional research service reports. Open
CRS Report No. R42536. What is the title?
Domestic Terrorism: An OverviewUSA PATRIOT Improvement and Reauthorization
The Domestic Terrorist Threat: Background and Issues for Congress
CORRECT: The Domestic Terrorist Threat: Background and Issues for Congress, CRS
Report No. R42536
INCORRECT: The Correct answer is The Domestic Terrorist Threat: Background and
Issues for Congress. After running the designated search and refining to congressional
research service reports, you will find this document in the result set.
QUESTION 6: True or False. In the Bill Tracking report for P.L. 106-224, this law originated
as bill, H.R. 2559?
True
False
CORRECT: H.R. 2559 is the original bill number
INCORRECT: The correct answer is True. Retrieve P.L. 106-224 and open the Bill
Tracking Report under “About this Document”. At the top of the bill tracking report
under Reporter are two citing references: 1999 Bill Tracking H.R. 2559 | 106 Bill
Tracking H.R. 2559
28
QUESTION 7: In the Plant Protection Act, 7 U.S.C.S. § 7701, what is the public law number
for this statute’s enactment?
• P.L. 108-412
• P.L . 106 -224
• P.L. 110-246
• P.L. 110-234
CORRECT: P.L 106-224 is found under the History portion of the statute.
INCORRECT: The correct answer is P.L. 106-224 found under the History portion of the
statute, 7 U.S.C.S. § 7701
QUESTION 8: Referring to the bill tracking report, 106 Bill Tracking H.R. 2559, a conference
committee was formed to reconcile disagreements between the House and Senate. What is
the citation to the conference committee report written to accompany this bill on May 24,
2000?
H. Rpt. 106-300
H. Rpt. 106-224
H. Rpt. 106-639
H. Rpt. 106-2559
CORRECT: H. Rpt. 106-639 filed by the Conference Committee
INCORRECT: The correct answer is H. Rpt. 106-639. Retrieve 106 Bill Tracking H.R.
2559. Under the Actions section, scroll down to May 24, 2000 entries and note H. Rpt.
106-639 filed by the Conference Committee.
QUESTION 9: Retrieve Public Law 106-224 and select the Bill Text link under “About this
Document”. How many different versions of this bill are available?
2
4
5
7+
CORRECT: 7 or more documents are available in the Results list
INCORRECT: The correct answer is 7+. Retrieve Public Law 106-224 and select the
Bill Text link under “About this Document”. Seven or more documents are available in
the results list.
29
Module 10: Drafting Documents for
Transactional Practice
Learning Objectives:
• Obtaining a general understanding of drafting documents in transactional areas
• Finding resources that provide an overview of a particular type of transaction
• Finding sample forms
• Understanding the value of drafting notes and alternative clauses
• Customizing an annotated form specific to your drafting assignment and delivery
options
Summary: In this module, students will learn the basics of drafting documents in
transactional practice areas using resources available on an online research system.
Students view a hypothetical that sets forth the drafting assignment. They are introduced
to a variety of sources including practice notes, treatises and annotated forms, and learn
how to efficiently find sources relevant to the transaction. Students are guided through
the process of drafting an industrial lease and surrender agreement using the integrated
tools available within forms to view drafting notes and alternative clauses, insert content
within form fields and save their work product.
Questions in this module (apply the concepts/skills covered):
QUESTION 1: Which resource will be helpful when starting a drafting assignment?
Practice notes
Treatises
Forms
All of the above
CORRECT: Practice notes, treatises, and forms are used by most attorneys when
starting a drafting assignment.
INCORRECT: The correct answer is All of the above. Practice notes, treatises, and
forms are used by most attorneys when starting a drafting assignment.
QUESTION 2: Which practice area is not available in the menu?
Business Entities
Family Law
Intellectual Property & Technology
Corporate and M&A
CORRECT: There are several practice areas available, but Family Law is not listed in
the menu.
INCORRECT: The correct answer is Family Law. There are several practice areas
available, but Family Law is not listed in the menu.
30
QUESTION 3: Typically, which party drafts the industrial lease agreement?
Lessee
Lessor
Landlord’s attorney
Tenant’s attorney
CORRECT: In most lease transactions, the landlord’s attorney will draft the lease and
the tenant’s attorney will return the draft with proposed revisions.
INCORRECT: The correct answer is Landlord’s attorney. In most lease transactions, the
landlord’s attorney will draft the lease and the tenant’s attorney will return the draft
with proposed revisions.)
QUESTION 4: Which is an important consideration for the permitted uses provision of an
industrial lease agreement?
Tenant’s ability to pay the lease each month
Tenant’s ability to operate its business
Landlord’s insurance
Landlord’s other leased properties
CORRECT: The tenant should review this provision carefully to ensure that it does not
unintentionally limit its ability to operate its business.
INCORRECT: The correct answer is Tenant’s ability to operate its business. The tenant
should review this provision carefully to ensure that it does not unintentionally limit
its ability to operate its business.
QUESTION 5: What are tenant “self-help” rights?
• Ability to perform necessary or required maintenance if the landlord fails to do so
• Ability to improve the property without the landlord’s permission
• Ability to help the landlord build additional structures on the property
• None of the above
CORRECT: “Self help” is the right to perform necessary or required maintenance within
the building or project if the landlord fails to do so.
INCORRECT: The correct answer is Ability to perform necessary or required
maintenance if the landlord fails to do so. “Self help” is the right to perform necessary
or required maintenance within the building or project if the landlord fails to do so.
31
QUESTION 6: What other industrial lease forms are available?
Tenant Drafted Industrial Lease
Industrial Building Lease with Permitted Uses
Lease of an Industrial Building
Industrial Lease for “Self Help”
CORRECT: After clicking the forms menu item on the left, you’ll see an option for
Lease of an Industrial Building under the Industrial Lease Agreement section.
INCORRECT: The correct answer is Lease of an Industrial Building. After clicking the
forms menu item on the left, you’ll see an option for Lease of an Industrial Building
under the Industrial Lease Agreement section.
QUESTION 7: Surrender agreements may contain:
Landlord’s conditions for early lease termination
Tenant’s conditions for early lease termination
Termination fees
All of the above
CORRECT: A Surrender Agreement (sometimes called a Lease Termination Agreement)
is used when a tenant and its landlord agree to an early termination of their lease
agreement. Both parties terms for early termination and termination fees may be
included in the surrender agreement.
INCORRECT: The correct answer is All of the above. A Surrender Agreement
(sometimes called a Lease Termination Agreement) is used when a tenant and its
landlord agree to an early termination of their lease agreement. Both parties terms for
early termination and termination fees may be included in the surrender agreement.)
Q
UESTION 8: True or false. You can download a form to your computer and customize
it for your task.
• True
• False
CO
RRECT: Use the delivery icons to print, email or download the form or select Open
Form in Word.
INCORRECT: The correct answer is True. Use the delivery icons to print, email or
download the form or select Open Form in Word.
32
Module 11: Briefs, Pleadings & Motions
Learning Objectives:
• Examining briefs, pleadings and motions, and learning how they are used by attorneys
• Finding relevant examples of briefs, pleadings and motions related to a drafting
assignment. Specific examples include: Complaint, Motion to Remand, Motion for
Summary Judgment, and Appellate Brief.
Summary: In this modules, students will learn how to conduct research in preparation for
litigation by finding relevant practice forms and materials including briefs, pleadings and
motions. Each type of form is defined along with examples and how attorneys use them.
Students view a hypothetical that sets forth the drafting assignments. They walk through
the process of locating a Complaint that sets forth claims similar to their case. Finally,
students learn how to find sample motions relevant to their drafting task and how to
locate briefs filed with the court that involve a similar issue(s).
Questions in this module (apply the concepts/skills covered):
QUESTION 1: True or false? Attorneys use briefs, pleadings and motions from similar
lawsuits to assist them in identifying relevant causes of action, legal issues and strategic
insights.
True
False
CORRECT: True. Briefs, pleadings and motions are used by attorneys to assist with
identifying relevant causes of action, legal issues, and strategic insights.
INCORRECT: The correct answer is True. Attorneys use briefs, pleadings and motions
from similar lawsuits to identify relevant causes of action, legal issues and strategic
insights.
QUESTION 2: Search the phrase “medical malpractice” in Briefs, Pleadings & Motions. Find
pleadings from Alabama cases using filters. When was the Complaint filed in the Maddox
v. Ashley case?
January 1, 2007
January 31, 2007
July 1, 2010
January 31, 2010
CORRECT: The Complaint was filed on January 31, 2007.
INCORRECT: The correct answer is January 31, 2007, the date the Complaint was filed
by the Plaintiff, Faith Maddox, a minor by her Parents and Next Friends, Melody
Maddox, and Robert Maddox. The citation for this Complaint is 2007 AL Cir. Ct.
Pleadings LEXIS 19
33
QUESTION 3: Retrieve this motion, Fannie Mae v. KAMA, 2011 U.S. Dist. Ct. Motions LEXIS
8968. What case is cited under section IV. B?
Huth v. Hartford Ins. Co
Spencer v. U.S. Dist. Court for N. Dist. Of Cal.
Hawai’i v. Abbott Labs
None of these
CORRECT: Spencer v. U.S. Dist. Court for N. Dist. Of Cal. is cited under section IV. B
INCORRECT: The correct answer is Spencer v. U.S. Dist. Court for N. Dist. Of Cal.
Retrieve this motion by its citation, 2011 U.S. Dist. Ct. Motions LEXIS 8968 and scroll
down to section IV. B.
QUESTION 4: In the Fannie Mae v. KAMA case from the U.S. District Court, did the Court
grant Plaintiff’s Motion to Remand?
Yes
No
CORRECT: Yes. The opinion states, “…the Court RECOMMENDS that the district court
GRANT Plaintiff’s Motion.”
INCORRECT: The correct answer is Yes. In the Fannie Mae case, 2011 U.S. Dist. LEXIS
41802, the opinion states, “…the Court recommends that the district court grant
Plaintiff’s Motion.”)
QUESTION 5: You need to draft a Motion for Summary Judgment in a products liability case
and want to find examples in the state of New York. Which of the following searches will
provide sample documents?
• Search the terms, motion for summary judgment and product liability. Use filters on
the left to refine by Briefs, Pleadings and Motions, then Motions, then select New
York.
• Search the terms, products liability and motion for summary judgment and
presearch filter to Briefs, Pleadings and Motions under Category, and select a New
York under Jurisdiction.
• Both options will provide Motion for Summary Judgment documents.
CORRECT: Both search examples will provide Motion for Summary Judgment
documents filed in product liability cases.
INCORRECT: The correct answer is “Both options will provide Motion for Summary
Judgment documents”. Whether you select filters prior to running your search or select
the exact same filters after running your search, you will retrieve the same results.
QUESTION 6: In the list of Briefs for Bachelder v. America West Airlines (259 F.3d 1112),
find the appellant’s opening brief filed in Lew v. Superior Court of California on October 15,
2008 (HINT: use the Search Within Results or Timeline filter to quickly find this document).
Section VII. A of the brief discusses the FMLA. Which of the following cases is cited in this
section?
34
Xin Liu v. Amway Corp.
Sanders v. City of Newport
Golez v. Potter
Dean v. Safeway Inc.
CORRECT: The brief cites Xin Liu v. Amway Corp. in its discussion of the FMLA.
INCORRECT: The correct answer is Xin Liu v. Amway Corp.
Learning Objectives:
• Understanding the concept and value of a legal digest
• Locating legal topics and subtopics
• Finding cases related to a specific legal topic
• Understanding the integration between legal topics and headnotes
• How to use headnotes to find relevant authority
Summary: In this module, students will learn about legal digests and how to search for
cases and statutes that are covered by a particular legal topic. In addition, they will learn
what headnotes are, and how to use them to find authority on a particular legal topic.
Particularly, when researching an issue is an unfamiliar area of law.
Questions in this module (apply the concepts/skills covered):
QUESTION 1: Which of the following sub-topics appear when you choose Securities Law
as your Topic in Find a Topic?
Criminal Offense
Investment Companies
Public Utility Holding Companies
All of the above
CORRECT ANSWER: The correct answer is All of the above
INCORRECT: The correct answer is All of the above. Select Browse Topics > Securities
Law from the Browse menu in the top navigation bar.
QUESTION 2: What is the citation for the United States v. Katzin case that appears in your
result set?
732 F.3d 187
468 U.S. 705
468 U.S. 567
598 F.3d 839
CORRECT ANSWER: The correct answer is 732 F.3d. 187
INCORRECT: The correct answer is 732 F. 3d. 187.
Module 12: Topical Searches and Using Headnotes
35
QUESTION 3: What is the name of the United States Supreme Court case in your refined
result list?
United States v. Brown
United States v. Jones
United State v. Smith
United States v. Rivera
CORRECT ANSWER: The correct answer is United States v. Jones
INCORRECT: The correct answer is United States v. Jones. Use filters to refine to U.S.
Supreme Court cases.
QUESTION 4: What headnote discusses whether use of a global positioning system
constitutes a search?
Headnote 1
Headnote 3
Headnote 6
Headnote 11
CORRECT ANSWER: The correct answer is Headnote 3
INCORRECT: The correct answer is Headnote 3 stating that the use of a global
positioning system constitutes a search.
QUESTION 5:
In the People v. Weaver case. What headnote(s) have been classified under the Electronic
Papers and Tracking Devices topic?
Headnote 13
Headnote 5
Headnote 1 and 8
CORRECT ANSWER: The correct answer is Headnote 13
INCORRECT: The correct answer is Headnote 13. The topic is Electronic Beepers,
Pagers and Tracking devices.
QUESTION 6:
How many cases cite to People v Weaver for the point of law described in headnote
number 13 (select the closest number)?
26
23
15
13
CORRECT ANSWER: The correct answer is 13.
INCORRECT: The answer is 13, or more, cases cite to People v. Weaver for the point
of law described in headnote 13.
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QUESTION 7: What is the name of the November 3, 2017 case that followed People v.
Weaver related to Headnote 13?
People v. Gordon
Matter of Cunningham v. New York State Dept. of Labor
State v. Holden
CORRECT ANSWER: The correct answer is People v. Gordon
INCORRECT: The correct answer is People v. Gordon. In the filters on the left, refine
by Followed by, under Analysis.
Module 13: Starting Practice Area Research
Learning Objectives:
• Locating Practice Centers by jurisdiction and practice area
• Understanding how content is organized within practice centers
• Uncover foundational knowledge to understand a particular practice area
• Find top sources and relevant authority
Summary: In this module, students will learn how to start researching in a particular
practice area regardless of their knowledge and experience. They will know where to
access practice centers by area of law and jurisdiction to gain foundational knowledge in
unfamiliar areas of law. Students will learn about the top sources used in a practice area
and how to retrieve relevant authority.
QUESTION 1: The materials in the practice areas help an attorney be more effective in
conducting research because:
They help give an attorney foundational knowledge necessary to better understand a
particular practice area.
They contain the top sources and research topics for a particular practice area.
They help attorneys that are not familiar with a practice area easily find relevant
cases and sources important to that practice area.
All of the above.
CORRECT ANSWER: The correct answer is All of the Above
INCORRECT: The correct answer is All of the Above.
QUESTION 2: What topic is not included as a practice area?
Bankruptcy
Family Law
Criminal Procedure
Manufacturing
CORRECT ANSWER: The correct answer is Criminal Procedure
INCORRECT: The correct answer is Criminal Procedure. Select Browse from the top
navigation bar. Select Practice Centers > By Practice Area or Industry
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QUESTION 3: Take a look at the first article, Every Drug Case has Warrantless Searches.
Who is the author of that article?
Elizabeth Englehardt
David Brown
Jules Espstein
Karen Straus
CORRECT ANSWER: The correct answer is Karen Straus
INCORRECT: The correct answer is Karen Straus. When viewing the article, look under
Author at the top of the document.
QUESTION 4: What is one of the first cases listed when you retrieve the top search and
seizure cases?
Arizona v. Gant
Terry v. Ohio
Beck v. Ohio
Boyd v. U.S.
CORRECT ANSWER: The correct answer is Terry v. Ohio
INCORRECT: The correct answer is Terry v. Ohio. In the Criminal Law Practice Center,
select Search & Seizure under Key Topics> down arrow> Get Documents
QUESTION 5: After narrowing the top cases to those involving GPS and in the New York
Jurisdiction, what is the top case that you find?
People v. Bookman
People v. Gant
People v. Weaver
People v. Lacy
CORRECT ANSWER: The correct answer is People v. Weaver
INCORRECT: The correct answer is People v. Weaver. Filter case results by New York
and view result list.
Module 14: Legal Analytics: Researching Judges
and Expet Witnesses
Learning Objectives:
• Understanding what legal analytics means and how it applies to various legal tasks
• Find and vet expert witnesses
• Uncover information about a judge including how the judge rules on motions and the
cases the judge cites to most often
• Craft a more persuasive argument with the language that will resonate most with a judge.
Summary: In this module, students will understand how legal analytics is incorporated in to
attorney workflow as part of the litigation cycle. They will learn how to find and vet expert
witnesses. Also, how to thoroughly research a judge that includes background information,
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how the judge rules on motions, the cases cited to most often, and the language the judge
uses to support related rulings. These insights enable attorneys to craft a more persuasive
argument.
QUESTION 1: True or False: Dr. Greenland has mainly been hired by plaintiffs, not
defendants.
CORRECT ANSWER: True. Dr. Greenland has been hired by plaintiffs for more than 90%
of the cases with which he’s been involved.
INCORRECT: The correct answer is True. Dr. Greenland has been hired by plaintiffs for
more than 90% of the cases with which he’s been involved.
QUESTION 2: According to the Challenges by Type grid, what aspect of this expert’s
testimony has been discussed most frequently by Courts?
Methodology
Qualification
Relevance
Procedure
CORRECT ANSWER: The correct answer is Methodology
QUESTION 3: According to the overview page, what general topic are most of Judge
Kronstadt’s opinions about?
Labor and Employment
Contract Law
Intellectual Property
Civil Procedure
CORRECT ANSWER: The correct answer is Civil Procedure
INCORRECT: The correct answer is Civil Procedure.
QUESTION 4: In Morales v. Kraft Foods Grp., Inc., how did Judge Kronstadt rule on the motion
to exclude?
Granted
Denied
Partial
CORRECT ANSWER: The correct answer is Denied
INCORRECT: The correct answer is Denied. Judge Kronstadt denied the motion to
exclude in Morales v. Kraft Foods Grp., Inc.
QUESTION 5: True or False: Dr. Greenland has never cited to the case Gaus v. Miles, Inc..
CORRECT ANSWER: The correct answer is False. Judge Kronstadt has frequently cited to
Gaus v. Miles, Inc.
INCORRECT: The correct answer is False. Judge Kronstadt has frequently cited to Gaus
v. Miles, Inc.
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HOW TO ACCESS LEXIS LEARN
Sign in to www.lexisnexis.com/lawschool and click on Lexis Learn in the top menu.
HOW TO PREVIEW MODULES
Click on the class called Preview Modules. All modules are listed; click on any you want
to preview. Use the progress bar at the bottom of the video player to move forward or
backwards (Note: the ability to fast forward is not available to students). Use the right
and left arrow in the lower navigation bar to jump to questions.
HOW TO SET UP A CLASS AND ASSIGN MODULES
• Click Create Class from the menu at the top of the screen.
• Enter a class name and description. The description is optional, but can be helpful
in reiterating the purpose of the assignment or providing additional instructions to
your students.
• Under Manage Class Modules, click the Assign button to select the modules you
want to assign. Note option to assign due date.
• Once you’ve chosen all the modules you would like to assign, click “Save
Changes”.
HOW TO DELETE A CLASS
If you need to delete a class, enter that class and click the “Delete Class” button above
Manage Class Modules. Deletion is permanent and all analytics from that class will be
lost.
HOW TO VIEW ANALYTICS BY CLASS, STUDENT AND MODULE
A. Reviewing Analytics: After students join your class and complete the modules, you
will be able to see the analytics.
HOW CAN I VIEW CLASS (GROUP) PARTICIPATION ANALYTICS?
Select the class name from My Classes. Click the Class Analytics tab.
HOW CAN I VIEW ANALYTICS BY MODULE?
Select the blue Module Analytics button next to the desired module.
HOW LONG WILL ANALYTICS BE AVAILABLE FOR A SPECIFIC CLASS (GROUP)?
Analytics will be available for the duration of the semester. If you want to save the
analytics for a specific class, select “Class Analytics” and download the spreadsheet.
The information ncludes a list of students who accessed and completed specific
modules along with their score, in your Lexis Learn class. Otherwise, all data will be
removed as video tutorials are updated each semester.
B. Analytics by Module: To access analytics by module, select your Lexis Learn class
under My Classes, and click on “Module Analytics” (in blue) to the right of the
assigned module.
A new tab will open.
Administration
1. Color Key:
Grey: student has not yet completed the question. You’ll also notice a darker grey
coloring for module elements require no response (e.g., information slide).
Green: student got the answer correct.
Red: student got the answer incorrect.
Orange: student has submitted a free text response or explanation that needs to be
graded.
2. Overview:
The Lesson Overview shows how many students reached each question and a
distribution of how your class on a whole understood the concepts tested within the
question. Clicking into the question from the bar chart expands the view, providing
more details on the question itself and how many students got the question right or
wrong. Similarly, hovering over the pie chart for average score and lesson completed
status, gives you details on the number of students falling within each category.
3. Individual Student Data:
Scroll down below the overview to see a list of students who have started or completed
modules. The left and right arrows allow you to scroll through all of the questions in
the module.
Click the triple dots next to a question header and select ‘edit all’ to open all of your
student’s responses so you can scroll down your student list and quickly edit the point
value for each response if necessary. While the “Edit All” button is selected, the lesson
overview charts are replaced with more fine-tuned analytics on the question itself. You
will see info like the distribution of answers selected for that question and the average
time devoted. Return to the triple dot menu for the question you are inspecting and
click “close all” to return to the overview.
To view individual student data for a different module, click the module title under
Question-By-Question Breakdown, and a list of all assigned modules will populate.
Export student responses as a Worksheet. Simply navigate to the student’s row, click
the triple dots, and select ‘export’.
Each student gets one attempt to complete each question within a module. You can
reset the entire module for a specific student by clicking on the triple dots next to the
student’s name and selecting reset.
At any point, Click Refresh to return to the Overview.
Close the Analytics tab to return to your Lexis Learn class.
C. Analytics by Class: Click on Class Analytics to view or download a spreadsheet listing all
students who accessed and completed specific modules in your Lexis Learn class.
Instructions for Students: Once you’ve set up a class, students can self-enroll.
1. Sign in to www.lexisnexis.com/lawschool and click on Lexis Learn (same location as
faculty home page gives students a student view).
2. Select Professor’s name from the list of instructors, then select the class.
3. The modules you’ve assigned will be displayed. Refer to the student enrollment
instructions for more complete instructions. You can customize this document
with additional information and send to your students. When students complete
an assigned module, they will see their “score” or how many questions they
answered correctly.
40
Q. Is closed captioning available?
A. Yes. It’s available upon request. Please contact your LexisNexis Account Executive.
Q. Can I create multiple classes?
A. Yes. You can create as many classes as you wish, although each class needs to have
a different name. Providing a class description will further help students differentiate
between classes.
Q. How can I add another Professor or Teaching Assistant to my class so they can
administer and view analytics as well?
A. Contact your LexisNexis Account Executive.
Q. Can a student complete Lexis Learn modules without a faculty specifically assigning them?
A. Yes. The Lexis Learn link is available on the Law School student home page. Instead of
selecting a Professor from the list, a student can select “Self-guided”. This was added
so students who discover Lexis Learn on their own, have an option to select and so
they do not join a random Professor’s Lexis Learn class. If using Lexis Learn, we highly
recommend you create a class and assign modules whether requiring or recommending
completion.
Q. Can you use Lexis Learn on a tablet or mobile device?
A. Lexis Learn is recommended on a desktop device because the experience is optimized
for a larger size.
Q. What browsers are recommended for Lexis Learn?
A. Chrome is the recommended browser for using Lexis Learn. Firefox and Safari are also
supported. Safari users will be prompted to open Lexis Advance in a new tab.
Q. How long will analytics be available for a specific class/group?
A . A n a lytics will be available for the duration of the semester. If you want to save the
analytics for a specific class, select “Class Analytics” and download the spreadsheet.
Otherwise, all data will be removed as video tutorials are updated each semester.
Q. Can I provide my students with a direct url to the modules I’ve assigned?
A. Direct the student to access Lexis Learn from the LexisNexis Student home page. They
can either register for your class or simply choose it from their “my classes” page if
already enrolled. Self-enrollment is necessary to capture module analytics.
www.lexisnexis.com/lawschool
Q. Why do the results live on Lexis Advance sometimes differ from what I see in the video?
A. New sources and updated content are continuously added to Lexis Advance ensuring
legal professionals have access to comprehensive and recent content. For example, if
you are following along live per a search example in case law, it’s possible you may
have a slightly different result set than what you see in the video. This means additional
cases were added since the video was created that related to your search terms. This
will not affect learning the concepts and skills presented or answering the questions. In
fact, demonstrates the value of online research systems.
FAQs:
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