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Locating Ohio Case Law

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Page 1: Locating Ohio Case Law
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Locating Ohio Case Law Online

Karen R. SchneidermanOctober 29, 2012

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Ohio Case Sources

• Unannotated Decisions– Ohio Supreme Court Repository (Free)– Bloomberg Law ($$)

• Annotated Decisions– Westlaw Classic ($$)– WestlawNext ($$)– LexisNexis for Law School ($$)– Lexis Advance ($$)

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Ohio Case: Unannotated

• Ohio Supreme Court Repository (Free) – instructions included

• Bloomberg Law ($$) - instructions included

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Ohio Court Decisions

Ohio Supreme Court offers a free digital repository to all unannotated opinions from Ohio

Supreme Court, Ohio Appellate Court Districts, Ohio Court of Claims, & selected opinions from

Ohio trial courts.

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http://www.supremecourt.ohio.gov/rod/docs/pdf/10/2011/2011-ohio-4252.pdf

Ohio Court Decisions

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OH Ct. Decision: Use & Tips

URL: www.supremecourt.ohio.gov/ROD/docs/default.asp

Cost: FreeSearching formats: By WebCite, By Full TextWebCite Search Tip: Citation Field follows this format: YYYY-Ohio-NNNN. Must also set Decided Field for proper year

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Bloomberg Law

Search Box

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Bloomberg Law

URL: https://www.bloomberglaw.com/

Cost: $$Searching formats: Prompts Citation Search, Court Opinion By Case NameCitation Search Tip: Must use hyphens Ohio’s Public Domain Citation Format (i.e. 2007-ohio-2204)

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Annotated Decisions

• Westlaw Classic ($$) - instructions included• WestlawNext• LexisNexis for Law School ($$) - instructions

included• Lexis Advance

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Westlaw Classic (WLC)

Searching formats: • Find a Case by Citation • Find Case by Party Name • Find a Case by Title Search • Finding a Case Law Database• Word Searches in a Case Law Database • Field Searches

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WLC: Find a Case by Citation

Search Process1. Click Find & Print on the

toolbar or use the Find by Citation text box in the left frame of the Law School tab page.

2. Enter the case's citation and click GO.

Citation Formatting Tip: can use any of following formats:

865 N.E. 2d 1282 865 NE2d 1282 865ne2d1282

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WLC: Find a Case by Party Name

Search Process1. If you know one or more of the

parties’ names, click Find a Case by Party Name in the left frame.

2. Type one/both of the parties’ names in text boxes.

3. Select the jurisdiction in which the case was heard or the reporter in which it was published.

4. Click Go.

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WLC: Word Searches in Case Law Database

• All case law databases on Westlaw can be searched using:– Natural Language Search– Terms and Connectors Search

• In addition, all cases that are included in the National Reporter System reporters can be searched:– Using Key Numbers Search

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WLC: Terms and ConnectorsFor Terms and Connectors searching, use connectors to specify the relationships that must exist between the terms in your retrieved documents.

For example: 1. Search within Ohio State Cases (OH-CS)2. Search: "traffic stop" /5 "unconstitution! prolong!" & "warrantless

search“3. Five results that include one Ohio Supreme Court case and four Ohio

Appellate cases.

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WL Classic: Field/Segment Restrictions

Field Searches: very focused form of a Terms and Connectors search. Knowing the fields in a database and what materials are contained in each field can increase the effectiveness and efficiency of your Westlaw research.

Using Field Restrictions with Terms and Connectors Search: 1. The fields available for a database are displayed in the Fields drop-down list at the Search page. 2. Type a Terms and Connectors query in the Search text box. 3. Select a field from the Fields drop-down list. The field abbreviation followed by parenthesis in which you can type

your term is added to the Search text box.

For example: if you select Judge - JU( ) from the Fields drop-down list, JU( ) is added to your query in the Search text box. Remember to add the AND (&) connector to connect the field to the rest of your query. Type your terms in the parentheses, e.g., JU(o’connor).

For example: 1. Search within Ohio State Cases (OH-CS)2. Search: "traffic stop" /5 "unconstitution!

prolong!" & "warrantless search & ju(o’connor)”3. One results from Ohio Supreme Court

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WC: Field/Segment Searches

• Field Searches are a very focused form of a Terms and Connectors search. Knowing the fields in case law databases and what materials are contained in each field can increase the effectiveness and efficiency of your Westlaw research.

For example: 1. Search within Ohio State Cases (OH-CS)2. Search: "traffic stop" /5 "unconstitution! prolong!" & "warrantless

search & ju(o’connor)”3. One results from Ohio Supreme Court

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WL Classic: Other Field Searches

Some of the most common field searches in case law databases are:• Title field (when you know the names of the litigants):

ti(miranda & arizona)• Words & Phrases field (to retrieve judicial definitions of

terms: wp("constructive trust")• Synopsis/Digest combined field (to focus on central issues

in the case law):sy,di("student loan" /p discharge!)• Multiple field search in the Judge field, the Attorney field,

and the Date field: ju(warren) & at(marshall) & da(1966)

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WestlawNext (WLN)

• Retrieving a Document by Citation• Using Advanced Search • Using Content Type Advance Search Templates• Using Required and Excluded Terms• and Commands

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WLN: Searching by Citation

1. To retrieve a document by citation, type the citation into the Search Box and click Search.

2. WestlawNext will open the document.

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WLN: Searching by Citation

With Multiple Results: 1. If multiple documents match the citation you are

looking for, WestlawNext will return a list of documents that match the citation you entered.

2. Use Find Command, i.e. Fi: <citation>; Find: <citation>)

a. The Find command will bypass the WestlawNext search system entirely and treat all terms following the colon as a citation.

b. You should use the Fi: command when you are uncertain of the format of the citation and want to prevent a search from running if the citation is not valid. If WestlawNext does not recognize the citation as entered, a message will be displayed to that effect.

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WLN: Advanced Search

• Advanced Search allows you to construct a detailed search using additional criteria and tools such as Boolean Terms & Connectors.

• Additionally, using specific WestlawNext Commands will allow you to run a specialized search or a search over one particular publication or database.

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WLN: Advanced Search Template1. On the home page, click Advanced

Link in the upper right corner.2. In the Find documents that have

section, enter the terms in the appropriate text boxes:

a. All of these terms text box; b. Any of these terms text box; c. This exact phrase text box ;d. Exclude...these terms text box .

3. The Advanced Search Query is automatically displayed in the Search Box at the top of the page.

4. If you want to change the Jurisdiction, select a different one at the top of page.

5. Click Search at the top of the page.

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WLN: Advanced Search CommandsTemplate Command Boolean Operator Description Search

All of these terms & Will be treated as construction & defect

This exact phrase “ “ This exact phrase.Note: Multiple phrases are not allowed; use All of these terms text box instead.

Will be treated as "medical malpractice"

Any of these terms OR Either of these terms. Will be treated as physician OR surgeon

Exclude... these terms

OR All of these terms Will be treated as Commandsphysician OR surgeon

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WLN: Adv. Search

1. Browse to content page (Cases > Ohio State & Federal Cases > Ohio State Cases)

2. Click the Advanced Link in the upper right corner

3. The Ohio State Cases - Advanced Search Template is displayed.

4. The first two sections function the same way as the Advanced Search template on the home page.

Ohio State Case Template

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LexisNexis for Law Schools (LN)

Searching formats: • Find a Case by Citation • Find Case by Party Name • Find a Case by Title Search • Finding a Case Law Database• Word Searches in a Case Law Database • Field Searches

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LN: Find Case by Citation

To retrieve a case by citation: 1. Click the Get a Document tab at the top of page2. Click the By Citation subtab3. Enter an exact citation in the field provided. 4. To search using multiple citations, click either the

Get & Print link or the Shepard's BriefCheck link.

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LN: Find Case by Party Name

To retrieve a case by citation: 1. Click the Get a Document tab at the

top of page2. Click the By Party Name subtab

– You can use this feature to retrieve cases when you know the names of one or more of the parties involved.

3. Enter the party names & Select Jurisdiction

4. Then click Search to retrieve the document.

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LN: Word Searches in Case Law Databases

All case law databases on Lexis can be searched using:• Natural Language Search• Terms and Connectors Search

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LN: Basic Connectors

Connector

Purpose Example

OR Synonym car OR auto OR vehicle

W/# Proximity ten commandment w/20 war memorial

/# Proximity car /10 injure

W/S Proximity Within the same sentence.

W/P Proximity Within the same paragraph

AND Required assumption of risk AND golf; AND date is 1997; AND date aft 5/2002; AND date bef 9/5/1976

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LN: Field/Segment Searches

• Field Searches are a very focused form of a Terms and Connectors search.

• Knowing the fields in case law databases and what materials are contained in each field can increase the effectiveness and efficiency of your research.

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LN: Field/Segment Searches

• Documents have a structure that is common to all documents of that type. In Lexis , this structure is called segments. (Westlaw. its Fields)

• Segments are the parts of the document. – For example, Cases contain name, date, court, opinion, and

dissent segments, among others.

• Segment searching is especially useful when you are looking for:– Opinions written by a particular judge– Cases involving a particular party– Cases in which a particular attorney or firm appeared as counsel– Cases decided on, before, or after a particular date

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LN: Field/Segment SearchesTo see a list of segments for the source selected in the search form you're using:1. Click the drop-down list in the "Restrict by Segment" section of the form.

To select a segment for your search or to add a segment-restricted search to the terms you've already entered in the search box, follow these steps:2. Select a connector from the Search Connectors list, if you're adding a

segment restriction to terms in the search box.3. Select a Segment from the drop-down list.4. Enter your Segment-Related Search Terms in the Text Box next to the

segment drop-down list.5. For a Terms and Connectors search, click Add to transfer your segment

search criteria to the search terms.

– ate

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LN: Common Law Segments Segment Description

Cite The citation of the case in an official reporter or parallel reference.

Counsel The name of individuals, law firms, or organizations representing a party of interest in the case.

Court The name of the court that heard the case.

Disposition The final decision of the court. You can search this segment by date.

History The prior and subsequent history of the case.

Judges The names of the judges hearing the case.

Name The names of all the parties involved in a case.

Number The docket number(s) assigned to a case by the court.

Opinion The text of the opinion issued by the court. It includes the majority, dissent, and concurrence.

Writtenby The name of the judge(s) authoring the opinion, including the majority, concurrence, and dissent.

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LN: Date Segments

Segments that involve numbers, such as dates, use one of two arithmetic operators shown below:

Operators Description Example

= , is Equal to or is Date = 1997 or Date is 1997

> , aft Greater than or after date > December 31, 1997 or date aft December 31, 1997

< , bef less than or before date < 1/1/1997 or date bef 1/1/1997

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Lexis Advance (LA)

Searching formats: • Find a Case by Citation • Restrict Search by Cases• Restrict Search by Filters

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LA: Find Case by Citation

To find an individual document when you know the citation:1. Enter the citation in the Search Box.2. Click Search.

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LA: Restrict Search By Cases1. Click the All Content Types drop-down

list (the first list on the left under the search box).

2. Select one or more Check Boxes for the Content Types to restrict your search. (For example, restrict case law, select Cases check box)

3. Click OK to close the Content Type Dialog Box.

4. Enter your search terms.5. Click the Search Button.6. Your results will contain documents only

from the content types you selected.• Note: The selection you make from the

content-type drop-down list will be displayed on the search form and used for future searches until you change it.

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LA: Restrict Search by FiltersYou can restrict your search to a specific content type, jurisdiction, or practice area and topic, so you have fewer results; you can also restrict your search to a specific source. When you get your results, you can narrow them further using the filters on your results page.

To restrict your search, follow these steps:1. Enter your search terms in Lexis Advance Search Box (i.e. "traffic stop" w/8 prolong!)2. Click a drop-down list under the search box to display the filters that are available, or select a filter from the

Recent and Favorite Filters panel.3. Select one or more Check Boxes for the categories you want to restrict your search to. For example, to Restrict

to Case Law, select the Cases Check Box in the Content Type Drop-down List.4. To select a content type to display first in your results, select it from the Start in drop-down list. A flag ( Display

these results first) displays next to the content type you selected.5. When your results display, the content type you selected displays as the first tab. If you don't make a selection,

results in the Cases content type display first.6. Click OK to close the filter.7. Click another filter and make your selections, if you want to restrict your search further.8. Click Search.

Note: The filters you have used recently are displayed on the Recent and Favorite Filters panel.

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Filters used Cases (Content Type) & Ohio (Jurisdiction)

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Karen R. SchneidermanLibrary Room 114

[email protected]