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Using Westlaw® to Research Tort Law
Use this as a quick reference when accessing Westlaw to supplement tort law lectures and reading assignments. Westlaw is Wests computer-assisted legal research service. Westlaw complements your book research by quickly and efficiently retrieving 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 SERVICE
SELECTED TORT LAW DATABASES
SEARCHING LAW REVIEWS
SEARCHING AMERICAN LAW REPORTS (ALR)
SEARCHING RESTATEMENTS
CHECKING YOUR CITATIONS
There are two search methods you can use to research an issue on Westlaw.
Natural Language Search Method (WIN®)
Suppose you are researching whether a drug manufacturer can be held liable for failing to give a warning about a drug. 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 tort 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 can a drug manufacturer be held liable for failure to warn.
Terms and Connectors Search Method
Suppose you are researching whether a premises owner has a duty to protect a guest from being attacked. 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 tort law, see the reverse side of this card.
- Select Terms & Connectors in the Search type box.
- Type your query in the Type a query text box and click Run Search. For example, type
own*** /s protect! prevent! /s guest visit*** /s assault! attack!
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 682 ne2d 1203 or 105 yale lj 1713. 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 379, Torts, and key number 15, Proximate cause of injury, type 379k15.
You can find topic and key numbers in case law headnotes, Wests digests and the online Key Number Service.
USING THE KEY NUMBER SERVICE
The Key Number Service on Westlaw contains the entire West Digest System topic and key number outline. To access the Key Number Service, click Key Numbers at the Start Menu or click Tasks on the toolbar and choose Key Numbers 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 tort law:
37 Assault and Battery
82 Collision
91 Conspiracy
168 False Imprisonment
179 Forcible Entry and Detainer
184 Fraud
237 Libel and Slander
249 Malicious Prosecution
272 Negligence
279 Nuisance
313a Products Liability
350 Seduction
379 Torts
386 Trespass
389 Trover and Conversion
404 Waste
SELECTED TORT LAW DATABASES
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Database Name |
Identifier |
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Cases |
Multistate Tort Law Cases |
MTRT-CS |
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Individual State Tort Law Cases |
XXTRT-CS (where XX is a states two-letter postal abbreviation) |
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Law Reviews, Texts and Litigation Reports |
Tort LawLaw Reviews, Texts & Bar Journals |
TRT-TP |
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Andrews Publications Multibase |
ANDREWS |
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Andrews Mass Tort Litigation Reporter |
ANMTLR |
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Mealey Publications Multibase |
MEALEYS |
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Mealeys Emerging Toxic Torts |
METT |
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Brief |
BRIEF |
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Defense Counsel Journal |
DEFCJ |
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Product Liability: Winning Strategies and Techniques |
PRODLIAB |
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Punitive Damages: A State-By-State Guide to Law and Practice |
PUNITIVE |
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Restatement of the LawTorts |
REST-TORT |
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Tort & Insurance Law Journal |
TILJ |
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Jury Verdicts and Settlements |
Jury Verdict and Settlement Summaries |
LRP-JV |
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California Jury Verdicts and Judgments (Trials Digest) |
CA-JV |
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Florida Jury Verdict Reporter |
FL-JV |
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Highlights |
Westlaw Topical HighlightsProducts Liability |
WTH-PL |
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 liability based on exposure to electromagnetic fields.
- Access the Tort LawLaw Reviews, Texts & Bar Journals database (TRT-TP).
- Type a Natural Language description like the following: liability based on exposure to electromagnetic fields
- 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 LawTorts analyzes current tort law and explains the most accepted interpretations given by the courts. It also looks at the direction in which tort law is moving.
To view the table of contents for the Restatement of the LawTorts, complete the following steps:
- Access the Restatement of the LawTorts database (REST-TORT) and choose the Terms and Connectors search method.
- Type ci(contents) and click Run Search.
Or, to search REST-TORT by a particular issue, type a Natural Language description such as the following: what is the liability of a pharmacy for negligent sale of a prescription drug. 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 cases 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.
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