Using Westlaw® to Research and Write a
Moot Court Brief
When preparing your moot court brief and oral argument, you need to perform the following tasks:
- Review moot court competition rules and issues
- Retrieve legal authority on your issues
- Verify your research with KeyCite®
- Write your brief
- Check quotations in your brief
- Prepare for oral argument
The following tips describe how to use Westlaw to accomplish these tasks:
REVIEWING YOUR RULES AND ISSUES
RETRIEVING LEGAL AUTHORITY ON YOUR ISSUES
VERIFYING YOUR RESEARCH
WRITING YOUR BRIEF
CHECKING QUOTATIONS IN YOUR BRIEF
BACKGROUND ON A JUDGE
TIPS ON ORAL ARGUMENTS
LAST-MINUE RESEARCH VERIFICATION
REVIEWING YOUR RULES AND ISSUES
Become familiar with the rules and issues specific to your particular moot court competition. The Moot Court database (MOOT) has this information for several competitions. Access the database by typing moot in the Search a database text box at the Start Menu and clicking GO. A list of competitions is displayed in the left frame. Click the entry for the competition in which youíre interested to view a transcript of record of the moot or hypothetical case and the procedural rules of the competition in the right frame.
RETRIEVING LEGAL AUTHORITY ON YOUR ISSUES
Natural Language Search Method (WIN®)
WIN (Westlaw is Natural) allows you to enter a description of your research issue in plain English. To search for documents using WIN,
- Access a database. For example, access the Federal Case Law database (ALLFEDS).
- If necessary, select Natural Language in the Search type box.
- Type a description of your issue and click Run Search. For example, type the following description:
is a tobacco company liable for failure to warn
Terms and Connectors Search Method
When you use the Terms and Connectors search method, you enter a query, which consists of key terms from your issue and connectors showing the relationship between these terms. To search for documents using the Terms and Connectors method,
- Access a database. For example, access a database such as the United States Code Annotated® (USCA) or Journals & Law Reviews (JLR) database.
- If necessary, select Terms & Connectors in the Search type box.
- Type your query and click Run Search. For example, type the following query: copyright /s architect!
You can also search using topic and key numbers. If you have an on-point case and want to find additional cases, run a search using the topic and key number from the relevant headnote in an appropriate database to find other cases classified to that topic and key number, e.g., 313ak59.
VERIFYING YOUR RESEARCH WITH KEYCITE
KeyCite, the citation research service on Westlaw, helps you determine whether the cases you use in your brief are good law, see how other courts have treated those cases and track specific legal issues. KeyCite also helps you determine whether any statutes you use in your brief have been amended or repealed or are affected by pending legislation and see how courts have construed those statutes.
To save time, you can use West's automated citation-checking software, WestCheck®, to check all the citations in your brief at once. You can also use KeyCite Alert, a service that automatically monitors the status of cases and statutes and sends you updates when their KeyCite results have changed.
WRITING YOUR BRIEF
To get tips on writing your brief, search The Legal Practice Database (LAWPRAC). For example, enter the following Natural Language description: writing an effective brief
To see examples of appellate briefs, search the U.S. Supreme Court Briefs database (SCT-BRIEF). For example, enter the following Terms and Connectors query: physician /5 suicide
CHECKING QUOTATIONS IN YOUR BRIEF
To verify quotations, use the Find service and Locate command. For example, to check the quote "Once the state assumes custody of a person, it owes him a rudimentary duty of safekeeping no matter how perilous his circumstances when he was free," which is cited at 914 F.2d 846, type 914 f2d 846 in the Find a document text box at the Start Menu and click GO.
To see where the quotation appears in the case, click Locate at the bottom of the right frame. At the Locate Editor, type safekeeping and click Locate. Click the right Term arrow to display the page of the case on which the quotation appears.
To save time, you can use the QuoteRight feature in WestCheck 3.2 and higher to check all the quotations in your brief at once.
USING WESTLAW® TO PREPARE FOR MOOT COURT ORAL ARGUMENTS
You can access Westlaw via New westlaw.com at lawschool.westlaw.com. For more detailed information on New 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.
BACKGROUND ON A JUDGE
Background information on the judge before whom you will be arguing may be available in various Westlaw databases.
Access the West Legal Directory Judges database (WLD-JUDGE) and type the first and last name of the judge in the Judgeís Name text box. For example, type the following:
ann montgomery
If the judge is a federal court judge, you can obtain information in the Almanac of the Federal Judiciary database (AFJ). Use the Terms and Connectors search method and search for the judgeís first and last names in the judge field (ju): ju(ann /3 montgomery)
Retrieve opinions that the judge has written by accessing the appropriate case law database and using the Terms and Connectors search method to search for the judgeís last name in the judge field. For example, access the U.S. District Courts Cases database (DCT) and run the following search: ju(montgomery)
Note: If the judge is a state court trial level judge, few, if any, written opinions will be available online.
TIPS ON ORAL ARGUMENTS
To retrieve tips on delivering oral arguments, search The Legal Practice Database (LAWPRAC). For example, enter a Terms and Connectors query such as the following: ti(oral /s argument)
To read transcripts of oral arguments, search the Transcripts of U.S. Supreme Court Oral Arguments database (SCT-ORALARG). For example, enter the following Natural Language description: labor law arguments
LAST-MINUTE RESEARCH VERIFICATION
To make sure the legal authority you used in your brief is still good law at the time of your oral argument, use KeyCite on Westlaw. KeyCite is the most current citation research service available. To save time, you can use WestCheck to check all the citations in your brief at once or use KeyCite Alert to automatically monitor the cases and statutes in your brief for changes in their status.
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