|
Using Westlaw® to Research Contract Law
Use this as a quick reference when accessing Westlaw
to supplement contract law lectures and reading assignments. Westlaw is Wests computer-assisted legal research service. Westlaw complements your book research by enabling you to quickly and efficiently retrieve information that is not yet available in print or that may be cumbersome to find using books. With Westlaw you can retrieve relevant documents whether you are starting with a citation, an issue of law or an unusual fact pattern. For more detailed information on lawschool.westlaw.com, refer to Discovering Westlaw: The Essential Guide, or see your West Online academic account manager or student representative about attending a Westlaw training session.
RESEARCHING A LEGAL ISSUE
RETRIEVING A DOCUMENT WHEN YOU KNOW ITS CITATION
SEARCHING WITH TOPIC AND KEY NUMBERS
USING THE KEY NUMBER CENTER
SELECTED CONTRACT LAW DATABASES
SEARCHING LAW REVIEWS
SEARCHING AMERICAN LAW REPORTS (ALR®)
SEARCHING RESTATEMENTS
CHECKING CITATIONS
RESEARCHING A LEGAL ISSUE
There are two search methods you can use to research an issue on Westlaw.
Natural Language Search Method (WIN®)
Suppose you want to determine whether an objective standard applies to a contract requiring the satisfaction of a party. WIN allows you to enter a description of your issue in plain English, or Natural Language. To search for documents using WIN, complete the following steps:
- At the Start Menu, type a database identifier in the Search a database text box and click GO. For a list of selected databases relating to contract law, see the reverse side of this card.
- Select Natural Language in the Search type box.
- Type a description of your issue in the Type a description text box and click Run Search. For example, type does an objective standard apply to a satisfaction contract.
Terms and Connectors Search Method
Suppose you are researching whether forbearance can be consideration for a valid contract. Terms and Connectors searching allows you to enter a query consisting of key terms from your issue and connectors specifying the relationship between those terms. To search for documents using the Terms and Connectors search method, complete the following steps:
- At the Start Menu, type a database identifier in the Search a database text box and click GO. For a list of selected databases relating to contract law, see the reverse side of this card.
- Select Natural Language in the Search type box.
- Type your query in the Type a query text box and click Run Search. For example, type forbear! /s consideration.
RETRIEVING A DOCUMENT WHEN YOU KNOW ITS CITATION
Use Find to retrieve a case, statute or law review article when you know its citation.
At the Start Menu, type your citation in the Find a document text box and click GO. For example, type 43 cal app 3d 203 or 23 wmlr 465. Your document is displayed in the right frame; context-sensitive Information Tabs are displayed in the left frame.
SEARCHING WITH TOPIC AND KEY NUMBERS
Each legal issue in a case published by West is identified, summarized and assigned a topic and key number by West attorney-editors. West topic and key numbers help you focus your research and retrieve relevant cases.
To run a topic and key number search, access an appropriate database and type the topic number, the letter k and the key number. For example, to search for cases containing topic 95, Contracts, and key number 185, Rights acquired by third persons, type 95k185.
You can find topic and key numbers in case law headnotes, Wests digests and the online Key Number Center.
USING THE KEY NUMBER CENTER
The Key Number Center on Westlaw contains the entire West Digest System topic and key number outline. To access the Key Number Center, click Key Number Center at the Start Menu or click Tasks on the toolbar and choose Key Number Center from the menu. Click the plus symbol (+) next to a specific topic to view an outline of that topic and locate key numbers to assist you in your research.
Here are some topics that may be useful in researching contract law:
50 Bailment
89 Compromise and Settlement
92b Consumer Credit
95 Contracts
108 Covenants
113 Customs and Usages
185 Frauds, Statute of
195 Guaranty
205h Implied and Constructive Contracts
208 Indemnity
294 Payment
309 Principal and Surety
316a Public Contracts
331 Release Sales
349a Secured Transactions
358 Specific Performance
SELECTED CONTRACT LAW DATABASES
|
|
Database Name |
Identifier |
|
Federal |
Federal Commercial Law & Contracts Cases |
FCML-CS |
|
|
Federal Commercial Law & Contracts-U.S.
Code Annotated |
FCML-USCA |
|
|
Federal Commercial Law & Contracts-Code
of Federal Regulations |
FCML-CFR |
|
|
Federal Commercial Law & Contracts-Federal
Register |
FCML-FR |
|
State |
Multistate Commercial Law & Contracts
Cases |
MCML-CS |
|
|
Individual State Commercial law & Contracts-Cases |
XXCML-CS (where XX is a state's
two letter postal abbreviation) |
|
|
Individual State Statutes-Annotated |
XX-ST-ANN (where xx is a state's
two-letter postal abbreviation) |
|
|
Uniform Commercial Code Cases Plus |
UCC-CS+ |
|
|
Uniform Laws Annotated |
ULA |
|
Law Reviews,Texts and Litigation Reports |
Commercial Law & Contracts-Law Reviews, Tests & Bar Journals |
CML-TP |
|
|
Journal of Law & Commerce |
JLCOM |
|
|
Restatement of the Law-Contracts |
REST-CONTR |
|
Practice Guides |
Uniform Commercial Code Series (Hawkland) |
HAWKLAND |
|
|
Uniform Commercial code Filing Guide |
UCCGUIDE |
|
|
The Rutter Group-California Practice Guide: Enforcing Judgments and Debts |
TRG-CADEBT |
|
|
PLI Commercial Law and Practice Course Handbook Series |
PLI-COMM |
|
|
Commercial Transactions and Contract News |
CMLNEWS |
|
|
Westlaw Topical Highlights-Commercial Law |
WTH-CML |
SEARCHING LAW REVIEWS
Recent law review articles are often the best place to begin researching a legal issue because law review articles serve
- as an introduction to a new topic or review of a topic with which you are familiar, providing terminology to help you formulate a query;
- as a tool for retrieving pertinent primary authority, such as cases and statutes; and
- in some instances, as persuasive secondary authority.
For example, suppose you want to learn more about the contractual analysis of employee handbooks.
- Access the Commercial Law & ContractsLaw Reviews, Texts & Bar Journals database (CML-TP).
- Type a Natural Language description like the following: do employee handbooks create contract rights
- Click Run Search.
SEARCHING AMERICAN LAW REPORTS (ALR®)
Search the ALR database to find a thorough discussion of case law relating to a particular legal issue. Attorneys who write ALR articles have already analyzed all available American cases on the issue and have prepared a detailed discussion of the legal principles deduced from the cases. You can search ALR using either the Natural Language or the Terms and Connectors search method.
To browse the ALR index, complete the following steps:
- Access the ALR database (ALR) and choose the Terms and Connectors search method.
- Type ci(index) and click Run Search.
SEARCHING RESTATEMENTS
Westlaw contains the full text of the American Law Institutes current Restatements of the Law. Restatement of the Law SecondContracts analyzes current law and explains the most accepted interpretations given by the courts; it also looks at the direction in which contract law is moving.
To view the table of contents for Restatement of the Law SecondContracts, complete the following steps:
- Access the Restatement of the LawContracts database (REST-CONTR) and choose the Terms and Connectors search method.
- Type ci(contents) and click Run Search.
Or, to search REST-CONTR by a particular issue, type a Natural Language description such as the following: what is the effect of impossibility of performance. Click Run Search.
CHECKING YOUR CITATIONS
KeyCite®Use KeyCite, the citation research service from West, to see whether your case or statute is good law. KeyCite integrates all the case law on Westlaw, helping you trace the history of a case, retrieve a list of all cases and selected secondary sources that cite a case, and track legal issues decided in a case. KeyCite for statutes displays credits and historical and statutory notes, along with pending legislation that may affect your statute. It also lists cases and secondary sources that cite your statute.
To check a citation in KeyCite, type your citation in the KeyCite a citation text box at the Start Menu and click GO. The history of the case or statute you are viewing is displayed in the left frame. To see citing references click the KC Citations tab.
WestCheck®You can use WestCheck to automatically check your citations in KeyCite on Westlaw. You can also check quotations in your brief or other documents using the QuoteRight feature of WestCheck.
|