Case law Research

Teaching goals:

–Using only online resources to answer a research question; and

–Finding research and monetary differences among them.

Fact Pattern

• Your firm is part of the New York City Bar Association’s roster of pro-bono attorneys and are getting ready to go to trial in a robbery case. Your firm’s client is Jane Doe, a graduate of the Fashion Institute of Design. She worked as the manager of a fancy footwear store on Fifth Avenue until she was arrested. The state lodged criminal charges against her. She alleges she is innocent.

The Case• Interviewing Ms. Doe, a partner

learned the following:• After the summer collection was

delivered, in the presence of the truck driver, – she had checked their amount

and style, – chose the only Manolo Blahnik

shoes delivered,– put them away in her locker

without trying them on,– locked the store, and – went home.

• The following morning she showed up and discovered the store had been robbed of its entire summer collection, except her chosen shoes.

The prosecutor assigned to this case informed the partner that the state’s expert witness will say that:

• the shoes had been tried on; and

• the footprints taken from inside the shoes have been identified as your client's based on a sample taken from your client while in custody.

• The sample was taken without her consent or even knowledge.

The 2010 Manolo Blahnik Summer

Collection

Elaborating a Defense

• Your firm wants to keep that testimony out of court.

and• You research the

following preliminary issues:

• Is that testimony admissible? – What are the rules

for expert witnesses?

– Are there different rules of admissibility for a novel scientific theory?

Westlaw v. Lexis• Log into Westlaw• Navigate the directory• Navigate the NY Tab• Select Carmody Wait• Scan TOC• Search• Review Results• Select AmJur

– “footprint identification”• Search allcases• Review results• Print or download State v.

Jones• Keycite

• Log into Lexis• Navigate the directory• Navigate the NY Tab• Select NY Jur• Scan TOC• Search• Review Results• Select AmJur

– “footprint identification”• Search federal and state

cases• Review results• Print or download State v.

Jones• Shepardize

Library Literature Fee-based databases:• WestlawNext • Bloomberg

(https://www.bloomberglaw.com/login.htm)• Loislaw (cancelled)• Other databases available through state bar

associations (see attached chart)• Free of charge databases:

– lexisOne (http://law.lexisnexis.com/webcenters/lexisone/)

– Google Scholar (http://scholar.google.com/)