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Resources for Sherman Minton Moot Court Participants: Home

General Tips for Researching a Brief

  • Identify your main issues, and then see if they can be broken down into sub-issues
  • Use the folders on Westlaw or Lexis Advance to keep the issues separate
  • Keep another folder for cases that your opponent will likely use against you--anticipate their argument!
  • Don't reinvent the wheel--look for secondary sources (law reviews, ALRs) that have already collected cases on your topic
  • Make sure to check the KeyCite or Shepard's Report for every case and statute you use in your brief

Key Numbers and Head Notes

Westlaw: Key Numbers

While there are a few different ways to utilize Key Numbers in Westlaw, the best way to do it for Moot Court is by using the West Headnotes at the beginning of a case.

Using a case you found in the Moot Court problem, scroll to the West Headnotes box. The breakdown of the Key Number categories will be on the right, and an explanation of the issue will be on the left. Under the explanation, you'll see "___ Cases that cite this Headnote." Clicking on this will take you to all the cases that have cited your original case.


Lexis Advance: Headnotes

This is very similar to using the Key Numbers in Westlaw. Using a case from the Moot Court problem, scroll down to LexisNexis Headnotes, and then find a topic that looks relevant to your issue. Click on "Shepardize--Narrow by this Headnote" to find other cases that cite your original case.

KeyCite and Shepard's

Westlaw: KeyCite

KeyCite is the citator for Westlaw. It will show you everything that has cited your case. This includes cases, trial court orders, administrative decisions and guidance, secondary sources, appellate court documents, and trial court documents. If you got to the KeyCite report by using the Headnote (as discussed in the previous section) then you'll only be seeing cases. The other way of getting to the report is by clicking the "Citing References" tab at the top of the page. This will bring you to all the materials.

On the left of the screen, you can filter by document type, jurisdiction, depth of treatment (how in-depth the analysis is), and date. You can also search within the results to find cases on a specific issue.


Lexis Advance: Shepard's

Shepard's is the citator for Lexis Advance. It will show you everything that has cited your case. If you got the Shepard's report from the Headnote (as discussed in the previous section) then you'll only be seeing cases. Otherwise, click on "Shepardize this document" on the right side of the page. Then click on "Citing Decision" in the menu on the left. This will give you all the cases that cite your original case. You can also click on "Other Citing Sources." This will give you Court Documents, Law Reviews, Treatises, Annotations, Statutes, and Secondary Sources.

On the left of the screen, you can narrow by analysis, jurisdiction, level of discussion, and date.

Secondary Sources

American Law Reports (ALR):

ALRs are great for something like Moot Court because they compile cases from all jurisdictions on a certain topic. If you can find an ALR about your issue, then you'll have many cases to work with. The articles are incredibly specific, however--it's likely that you'll either find one exactly on topic or there won't be any that are very helpful.

If you find an ALR that is on point, scroll through to find cases from your jurisdiction. In the case of Moot Court, you'll want to consult federal appellate cases first, but you might also want to use state cases for support. In addition to the list of relevant cases, ALRs will also give you an overview on the subject-matter.


Law Reviews:

You can find Law Review articles that have cited your original case by using either Headnotes or citators. If you can find an article that is exactly on point, it is sometimes helpful to look at the footnotes to see what other cases that author thought were relevant to the topic.