Volume 2, Issue 2 Announcing: Pleading & Practice Online and SmartRules Spring/Summer 2010 News From… The Alameda County Law Library 125 12th Street Oakland, CA 94607 (510) 208-4800 Points of Interest : Borrowing Privileges : ANY attorney can ob- tain a library borrowing card for a fee of $5.00. Collection Strengths : -California practice guides published by Rutter Group, CEB, and Matthew Bender. -Extensive Taxation, Bankruptcy & Federal Practice collections. Free Electronic Ser- vices : Westlaw, Lexis, Shepards, OnLaw, Ver- dictSearch, SmartRules & HeinOnline. MCLE : CDs & DVDs available for rent. Conference Rooms: available for rent. Wi-Fi Hotspot! SmartRules 2 New Practice Guides 2 NITA Library 3 Public.Resource.Org 4 Background Research 6 Book Reviews 4-6 MCLE Programs 5 Oldies...Goodies: ALR 7 Inside this Issue: Key Numbers 7-9 California Forms of Pleading & Practice Free on Library Computers The law library is pleased to announce the addition of California Forms of Pleading & Practice to its LexisNexis subscription at the Main and Branch locations. Spanning 51 volumes, California Forms of Pleading & Practice has long been the cornerstone of the library’s print collection, and we are excited to offer this resource in electronic format. Through LexisNexis, users can search and retrieve content from California Forms of Pleading & Practice through natural language or terms and connectors searching, or ―browse‖ individual volumes through the expandable directory format. Divided into 579 chapters presented in alphabetical order, California Forms of Pleading & Practice offers encyclopedic coverage of civil actions from Abatement of Actions through Zoning and Planning. Each chapter consists of four parts- Legal Background (governing law), Research Guide (cross-references to primary and secondary authorities), Procedural Checklist, and Forms (form templates with explanatory text). Content can be downloaded in Word or PDF formats and printed at a cost of .25/page, or emailed or saved to a flash drive free of charge! Cont’d on page 2….
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News From… - Alameda County, California · The library has recently acquired the Matthew Bender Practice Guide series of California practice guides published by LexisNexis. Consisting
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Volume 2, Issue 2
Announcing: Pleading & Practice Online and SmartRules
Spring/Summer 2010
News From… The Alameda County Law Library
125 12th Street Oakland, CA 94607 (510) 208 -4800
Points of Interest:
Borrowing Privileges:
ANY attorney can ob-
tain a library borrowing
card for a fee of $5.00.
Collection Strengths:
-California practice
guides published by
Rutter Group, CEB, and
Matthew Bender.
-Extensive Taxation,
Bankruptcy & Federal
Practice collections.
Free Electronic Ser-
vices: Westlaw, Lexis,
Shepards, OnLaw, Ver-
dictSearch, SmartRules
& HeinOnline.
MCLE: CDs & DVDs
available for rent.
Conference Rooms:
available for rent.
Wi-Fi Hotspot!
SmartRules 2
New Practice Guides 2
NITA Library 3
Public.Resource.Org 4
Background Research 6
Book Reviews 4-6
MCLE Programs 5
Oldies...Goodies: ALR 7
Inside this Issue:
Key Numbers 7-9
California Forms of Pleading & Practice Free on Library Computers
The law library is pleased to announce the addition of California Forms of Pleading &
Practice to its LexisNexis subscription at the Main and Branch locations. Spanning 51
volumes, California Forms of Pleading & Practice has long been the cornerstone of the
library’s print collection, and we are excited to offer this resource in electronic format.
Through LexisNexis, users can search and retrieve content from California Forms of
Pleading & Practice through natural language or terms and connectors searching, or
―browse‖ individual volumes through the expandable directory format.
Divided into 579 chapters presented in alphabetical order, California Forms of Pleading &
Practice offers encyclopedic coverage of civil actions from Abatement of Actions through
Zoning and Planning. Each chapter consists of four parts- Legal Background (governing
law), Research Guide (cross-references to primary and secondary authorities), Procedural
Checklist, and Forms (form templates with explanatory text).
Content can be downloaded in Word or PDF formats and printed at a cost of .25/page, or
The Alameda County Law Library has purchased a subscription to
SmartRules, an online tool that allows users to generate procedural guides
that summarize the requirements and time limits for drafting, filing, and
serving a variety of court documents, with citations to the applicable state
and local court rules and statutes. In addition to the filing and service
requirements, each guide provides a concise description of the mandatory
elements of the pleading or motion, grounds for bringing or opposing the
action, and any accompanying papers. SmartRules is updated daily to
reflect the latest changes to court rules and statutes affecting filing
requirements.
SmartRules guides are available for pleadings, Case Management State-
ments, applications, motions and oppositions, discovery requests and
responses, proposed orders, and many other court documents. To generate
a guide, users simply select the court in which they are appearing
(ex. Alameda County Superior Court), and the type of document they must
prepare (ex. Motion for a Continuance). SmartRules reports are available
for California state and federal trial courts, and for select courts in the
states of Connecticut Delaware, District of Columbia, Florida, Georgia,
Illinois, Maryland, Massachusetts, Missouri, New Jersey, New York,
Nevada, Ohio, Pennsylvania, Texas, and Virginia.
SmartRules can be used free of charge at the Main and Branch libraries.
Reports can be printed at a cost of .25/page, or saved to a flash/thumb drive
free of charge.
New Series!: Matthew Bender California Practice Guides
The library has recently acquired the Matthew Bender Practice Guide series of California practice guides published by
LexisNexis. Consisting of nine titles, the series incorporates helpful editorial features not found in other practice guides.
Reading like sage advice from an experienced colleague, the text is punctuated by Strategic Points, Traps, Warnings,
cross-references to other Matthew Bender publications, and suggestions for locating information on the Web and through
LexisNexis. With an emphasis on strategy, compliance, and best practices, the guides tell you what to do, how to do it,
and what to expect from the opposition. Useful checklists and adaptable forms open and close each chapter.
Practice-oriented and integrating material in multiple formats, the Matthew Bender Practice Guides represent the next
generation in practice materials.
The Matthew Bender Practice Guides are available at the Main Library for in-library use only.
Matthew Bender California Practice Guides:
California Civil Discovery
California Contract Litigation
California Debt Collection and Enforcement of
Judgments
California E-Discovery and Evidence
California Landlord-Tenant Litigation
California Pretrial Civil Procedure
California Trial and Post-Trial Civil Procedure
California Unfair Competition and Business Torts
Federal Pretrial Civil Procedure in California
Enhance Your Trial Advocacy Skills at the Law Library!
PAGE 3 VOLUME 2, I SSUE 2
Prepare for your next courtroom battle by arming yourself with winning strategy. Written by top litigators, judges, pro-
fessors, trial consultants, and legal scholars, the Alameda County Law Library maintains a large collection of mono-
graphs offering techniques for improving performance at every stage of the litigation process. Practical and highly read-
able, these titles can be checked-out of the library by registered borrowers. Whether you are an experienced litigator
looking to add new weapons to your arsenal, or a new attorney researching the fundamentals, you can benefit from the
wisdom and experience of leading trial advocates.
Law Library Acquires NITA Library To support the practice of local trial attorneys, the law library has recently acquired a large selection of titles published
by the National Institute for Trial Advocacy (NITA). A non-profit organization, NITA seeks to nurture the development
of ethical and competent litigators through the creation of quality educational programs and publications. Recruiting
master advocates like David Ball and Steven Lubet to author its publications, NITA materials are used by law schools
and law firms nationwide to teach trial techniques. NITA publications prepare attorneys for the courtroom by focusing on
skill-building in the following areas:
Pretrial
Evidence
Trial Advocacy
Expert Witnesses
Criminal Practice
ADR
Appellate
Offering fresh approaches to conducting depositions, presenting arguments, making and responding to objections, exam-
ining witnesses, and connecting with a jury, our extensive library of NITA publications will help you become a better ad-
vocate for your clients.
Other Publishers The library also purchases specialized trial skills’ titles offered by other major legal publishers. For an overview of the
basics, the library has Sharpening Your Trial Skills: What to Say, How to Say It from the Rutter Group, and The First
Trial: Where Do I Sit, What Do I Say? from West’s Nutshell series.
The library also collects books on persuasion in trial practice, brief writing, oral advocacy, including The Twelve Secrets of
a Persuasive Argument, Building Your Best Argument, and A Practitioner’s Guide to Appellate Advocacy, all published by
the American Bar Association. Other standout titles on this topic include Making Your Case: The Art of Persuading
Judges, written by Antonin Scalia and Brian Garner, Persuasive Opening Statements and Closing Arguments, published
by Continuing Education of the Bar, and The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate
Courts, also from Brian Garner.
The library’s collection of trial advocacy materials is currently on display at the Main Library.
Learning the Fundamentals…. The First Trial: Where Do I Sit? What Do I
Say?
Sharpening Your Trial Skills: What to Say,
How to Say It
Trial Advocacy Basics
How to Try a Jury Case
Advocacy Words: A Thesaurus
Trial Technique & Evidence
The Effective Deposition
Preparing Witnesses: A Practical Guide for
Lawyers and their Clients
Advanced Tips and Techniques... David Ball on Damages
Theater Tips & Strategies by David Ball
Advanced Negotiation and Mediation
Theory and Practice
Deposition Evidence
Effective Expert Testimony
How to Do Your Own Focus Group
Mastering Written Discovery: Procedures &
Tactics
Winning on Appeal: Better Briefs & Oral
Arguments
Discovery Problems & Their Solutions
California Wage and Hour Law and Litigation, by Continuing Education of the Bar
This new title from Continuing Education of the Bar focuses on the dynamic and frequently
litigated area of wage and hour law. With chapters on compliance issues and bringing and defend-
ing wage and hour suits, this is an excellent resource for both employment law counselors and
litigators.
The opening chapters present an overview of state and federal wage and hour law, including the
laws governing minimum wage, overtime pay, rest and meal periods, vacation time, sick time, and
family leave. Analyzing state and federal law, the authors offer guidelines for calculating com-
pensable work time, providing break and meal periods, paying wages and overtime, posting no-
tices, and retaining payroll records. Exemptions from minimum wage and overtime requirements
are also examined. The authors include suggestions and sample language for drafting personnel policies and establishing
practices that comply with wage and hour statutes.
The consequences of violating wage and hour laws are also discussed, as the authors describe in detail the process of
adjudicating wage claims through the DLSE and DOL. Explanation of DLSE procedures, including those related to filing
a claim, meeting at informal conference, conducting a Berman hearing, and appealing the decision to the Superior Court,
are particularly helpful. There is also an excellent chapter on wage and hour mediation, which offers guidance for select-
ing a mediator, writing a mediation brief, and drafting a settlement agreement. Finally, separate chapters on represent-
ing the plaintiff and the defendant in wage and hour litigation offer insight for attorneys on both sides of the lawsuit.
DLSE Web Links
The DLSE Enforcement Policies and Interpretations Manual: http://www.dir.ca.gov/dlse/DLSEManual/dlse_enfcmanual.pdf
How to File a Wage Claim: http://www.dir.ca.gov/dlse/HowToFileWageClaim.html
Our newsletter is a great resource for what’s new – new treatises, new online subscriptions, and general
library news. However, this and coming articles will highlight several long-standing, but still relevant,
legal resources that people don’t always remember to consult when conducting their research. In this
article, we turn our attention to American Law Reports (ALR), now in its 6th series.
Do you often feel like you are re-inventing the wheel? Looking through hundreds of cases online on Lexis or
Westlaw, do you ever think, ―Gee, I wish someone had already done this research for me‖? Well, the
editors at Thomson West have done just that, in their classic publications American Law Reports and
American Jurisprudence Proof of Facts (more on Proof of Facts next issue).
It has been said that finding an ALR article on point is like finding a gold mine, or being handed a colleagues exhaus-
tively researched memorandum of law on a very specific and narrow legal issue. Your work is done.
ALR annotations take a narrow point of law drawn from a recent, significant case and colloquially speaking ―wrings it
dry.‖ In other words, the treatment (including analysis) is exhaustive. The criteria for inclusion are cases that identify
developing points of law, legal issues not previously resolved, or emerging trends in litigation. After reading an annota-
tion, you will have all the relevant authority (up to the date of publication) including any California cases, analysis of all
sides of the issue, and which interpretation appears to be prevailing. You will also have references to forms, appellate
briefs, and law reviews for further research.
The latest volume, 54 ALR 6th, contains several particularly interesting annotations, ―The Invasion of Privacy by Internet
or Website Postings,‖ ―Disclosure of Electronic Data Under State Public Records and Freedom of Information Acts,‖ and
―Justification and Correction of Remarks or Acts of State Trial Judge Criticizing, Rebuking, or Punishing Defense Coun-
sel in Criminal Case as Otherwise Requiring New Trial or Reversal ‖
There are various ways to find and update an ALR annotation: through the pocket part, the ALR Index, or on Westlaw.
You can search the ALR Index on Westlaw through the file ALRINDEX.
ALR 1st through 6th and ALR Federal 1st and 2nd are available in hard copy at the Main Library, and through the library’s
Westlaw subscription.
Next time – American Jurisprudence Proof of Facts!
If you’ve done much legal research, you’ve probably come across this little key: It tells you that a source is linked to
the West Key Number System. And if you have no idea what that means, you’re not alone. Back when researching case
law depended upon using print digests, the Key Number System was the best method for finding cases on a particular
legal topic. But with today’s searchable full-text databases, many find it unnecessary to familiarize themselves with the
system. They are content to enter words into the Westlaw search engine in the hope of turning up something relevant.
And yet, LexisNexis, which has only ever existed as an online database, has invested much time and expense in develop-
ing ―Lexis Topics,‖ its own counterpart to the Key Number System. If keyword searching in a full-text database is better
than using an index, then why would LexisNexis bother creating one? The answer is that in certain situations, using an
index may be more effective than keyword searching alone.
What Exactly is a Key Number or a Lexis Topic?
The West Key Number System and Lexis Topics are human-generated indexes. To explain what this means, consider the
Key Number System. For over 100 years, West Publishing has employed attorneys to read every case, identify the points
of law discussed, and summarize these issues in headnotes, tracking the language of the decision. Classifiers then match
the headnotes with a Key Number for the specific legal topic covered. Presently there are more than 100,000 Key Num-
bers for discrete legal topics. The numbers themselves are grouped together by broader and broader related topics. At the
highest level, they are arranged into roughly 400 Major Topics ranging from ―abandoned and lost property‖ to ―zoning
and planning.‖ One might think of the West Key Number System as an outline of the American legal system.
Cont’d on page 8….
Oldies But Goodies: AMERICAN LAW REPORTS (ALR)
PAGE 7 VOLUME 2, I SSUE 2
Using Key Numbers to Improve Research Outcomes
In print formats, a Key Number is represented by the title of the Major Topic, followed by a key symbol and the topic
number. For example, ―Contacts with forum state‖ would be Federal Courts 76.5. In electronic formats, the key
symbol is replaced with the letter ―k‖ and the title of the Major Topic with a corresponding number. The Major Topic of
―Federal Courts‖ would be represented by the number 170B so the electronic format of ―Contacts with forum state‖ would
be 170Bk76.5.
LexisNexis uses a similar indexing scheme for its Lexis Topics. LexisNexis’s editors create headnotes by taking the
language directly from each decision. Unlike Westlaw, Lexis Topics are not numbered; it’s an outline of the law based
purely on a hierarchy of terms, culminating in 16,000 individual topics. For example, the topic of minimum contacts
would be indexed under Civil procedure > Jurisdiction > Personal jurisdiction & in rem actions > In personam actions >
Minimum contacts. Human indexing in either the West Key Number System or Lexis Topics means that real people have
read each case, identified the legal topics discussed, and assigned subjects to them so that each case having similarly
indexed headnotes should explain the same point of law.
Continued Usefulness of Human-Indexing in Legal Databases
So why would anyone bother to navigate through an elaborate outline of the law when a researcher could simply search a
full-text database by entering a legal term of art or a few keywords to describe a fact pattern? In many cases, such key-
word searches are more efficient than using an index—this may especially be true when searching for fact specific situa-
tions since human-indexing organizes legal issues, not fact patterns. There are, however, situations where keywords
alone may not be able to describe legal concepts effectively. Consider the following hypothetical situation.
Imagine that someone has falsely accused you (or your client) of having a ―loathsome disease‖ and that you can prove
actual, calculable damages. Under California law, you would have a slam dunk case for defamation. But suppose that the
speaker has never been to California and lives in a state where the limitation period for defamation has run. And
suppose further that the statement was published on the Internet. Winning such a suit would depend upon whether a
district court in California had jurisdiction over the person of the speaker. One of the initial queries would be whether
that person has established minimum contacts with the State of California. If you’re like a lot of researchers, you would log on to your preferred legal database and perform a few keyword searches
to find a few relevant cases. But how would you phrase such a search? A common method would be to combine a few fact
specific terms like ―Internet‖ or ―Web‖ with a few legal terms. But because courts often mention that jurisdiction is satis-
fied without actually discussing the requirements, potential legal terms such as ―minimum contacts‖ or ―purposeful avail-
ment‖ will be only marginally successful at returning relevant cases. Keyword searching can identify the presence of
these words, but can’t differentiate between a mere mention and a full discussion. For that you need a human reader.
Consider how much more effective such a keyword search would be if you could look for terms like ―Internet‖ or ―Web‖ in
a database made up of only cases where someone has read the entire decision and decided that the case explains the con-
cept of ―minimum contacts.‖ Thanks to human indexing, you can do exactly that.