Lexis - Cost Effective Searching Class

• Monday, April 2 at Noon in Room 170
• Monday, April 2 at 4:50p.m. in Room 125
• Tuesday, April 3 at Noon in Room 410 
• Wednesday, April 4 at 4:50p.m. in Room 180

This class will include cost information and savings tips for both Lexis.com and Lexis Advance.  This is essential information for all students, but especially for those with summer internships or 3Ls with new associate positions.  Your attendance is worth 400 points and you can earn a bonus 500 upon completion of the Certification quiz after class.  You'll also receive an entry to win $250 from J. Crew and lunch or dinner.  Please sign-up  on the MySchool tab at www.lexisnexis.com/lawschool.

Why get Lexis Certified?   To show employers that you know what you are doing!  Being Certified means you are an efficient legal researcher and are aware research costs.

How does Certification work?  It is a two-part series.  The first class is called "Practice Tools" and the second class is called "Cost Effective Research".  Practice Tools is offered next week and Cost Effective will be offered after Spring Break.  To become certified, you need to attend both classes and then take a quiz.  If you pass the quiz, then you will get listed on our National Certification Registry and can put "Lexis Certified" on your resume.

This year there is an added incentive!  One person at DU who attends a Certification class will win a $250 J. Crew gift card and an ABA membership!  The entire program is worth 1300 Lexis Rewards points - 400 for each of two classes and 500 for passing the quiz.

Questions? Contact: 

 

Katherine Sparks

Account Executive, Law Schools

Colorado and Wyoming 

katherine.sparks@lexisnexis.com

1-800-45LEXIS  Customer Service

Public Domain Citation in CO

Colorado Supreme Court Chief Justice Michael L. Bender has adopted a new way to refer to Colorado Supreme Court and Colorado Court of Appeals published opinions in legal briefs and other documents.  The purpose is to support the use of Colorado case law in both book and electronic formats, and to make it more affordable and accessible to attorneys and the public. 

"Slip opinions" were the opinions delivered by the Courts, but lacked a formal citation format until published in the Pacific Reporter.  Instead of “slip opinions”, which do not receive a citation to the Pacific Reporter for some time, the Court’s will immediately assign a “Public Domain Citation” (PDC) when the opinions are released for publication.  This promotes quicker access for attorneys, researchers, and pro se litigants to find, research, use, and cite to Colorado case law in both print and electronic formats. 

Chief Justice Directive 12-01 is effective January 1, 2012, and requires that the Clerks for both Courts assign a “Public Domain Citation” to all opinions announced for publication.  

See the “Chief Judge Directives” underneath the Administration topic, and right above the category “Adopted and Proposed Rule Changes”. Publishers of Colorado cases are being requested by the Court to include this public domain citation within the heading of each Colorado opinion that they publish on or after January 1, 2012.

Legal practitioners and self-represented parties will be permitted—but not required—to

use the public domain citation format instead of citing to the Pacific Reporter.  Irrespective of

the citation format used, a parallel citation to the other format is not required.See the Directive itself for how to create or use a PDC.

The following is an example of how this will look online.  To see the whole case click on 2012 CO 4 below.

 ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, FEBRUARY 6, 2012

OPINIONS

Supreme Court of the State of Colorado 101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202

ADVANCE SHEET HEADNOTE

February 6, 2012 Click on the case number to view the opinion in pdf format.

2012 CO 4

No. 11SA82, Colorado Mills, LLC v. SunOpta Grains and Foods Inc. – Regardless of whether arbitration is involved or not, a district court has the same authority to enforce subpoenas in civil actions. A district court, as a matter of state sovereignty, has no authority to enforce civil subpoenas against out-of-state nonparties. Instead, such enforcement, if any, is left to the states in which the discovery is to take place.

Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Courts homepage.  Opinions are also posted on the Colorado Bar Association homepage and free websites.  

 Written by Catharine Cott, Reference Librarian

Writing Tip of the Week: Writing the Summary of the Argument

The Summary of the Argument in a brief is, in a nutshell, a summary of the best reasons your client should win the case. Judges often read the Summary before they read the brief, so the Summary sets up your argument by giving the judge the context to view it favorably. For a judge who doesn’t have time to read the whole brief, the Summary is even more important.

Placement. In an appellate brief, the Summary comes after the Statement of the Case and before the Argument section. In a motion brief, the Summary, or “Introduction,” comes before the Statement of the Case.

Content. According to Fed. R. App. P. 28(a)(8), the Summary “must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief.” Although the Summary provides a roadmap of your argument, it is different from the overview paragraph because it is a stand-alone section of the brief. It covers the main arguments addressed in your point headings, but should not merely repeat them. Try to strike a balance between the detail in the argument section and the more condensed point headings.

Length. The summary should not be overly long—one to two pages at most. Typically, that means one paragraph per issue (and perhaps an introductory paragraph if there is more than one issue). Although you need not give equal weight to each argument, the Summary should follow the same order as your argument section.

Citations. The Summary should center on the arguments themselves. Therefore, although you may sometimes need to reference a key statute or controlling case to make your Summary understandable, you will not usually include citations.

Robin Wellford Slocum, Legal Reasoning, Writing, and Persuasive Argument 480-83 (2d ed. 2006); Laurel Currie Oates & Anne Enquist, The Legal Writing Handbook 361-62 (5th ed. 2010).

Changes to Accessing Databases Off-Campus

The Westminster Law Library catalog was recently merged with the Penrose Library catalog.  Much of what you see looks the same, but there are several new features.  The most notable difference is how authentication is done when you log into your patron record or use the proxy server for off-campus access to databases.  All students, faculty and staff will now need to log in using their DU ID and passcode. The passcode is the password that you use when logging into DU’s WebCentral system.

Another feature is the ability to search all DU libraries at the same time.  To do this, select “All DU Libraries” from the drop-down menu on the search screen.   

Some other changes are not as noticeable.  You can now view your search history, and run previous searches or searches that you have saved as “Preferred”. You can set up your account preferences so that you receive notices from the library via email or postal mail. You can also create lists of records, save them and view them later.

The catalog’s new URL is:  http://bianca.penlib.du.edu/search~S9

If you have any questions about these new features, please contact the Reference Desk at x16206.

Colorado Legal Research Class

Reminder: Summer Semester priority registration begins Sunday, March 25 and continues through the end of the month. Check classes http://www.law.du.edu/index.php/registrar/class-schedules by clicking Summer 2012. We recommend Colorado Legal Research, a skills class, on Tuesdays and Thursdays from 2:45pm until 4:25pm.

This course will introduce students to legal materials in print generated by executive/administrative, legislative, and judicial branches of Colorado government. Students will develop research strategies for answering legal questions using primary and secondary resources and learn how to relate the various sources of authority to the structure of Colorado government. Students are required to bring laptop computers to classes and enrollment is limited to ten students. 

Class topics include statutes, legal dictionaries, legislative history, reporters/cases, digests, Shepard’s citations, American Law Reports (A.L.R.), practice materials, legal periodicals and indexes, legal forms and directories, administrative materials, and court rules.

This skills class will be taught by Sheila Green, Reference Librarian. Register for Colorado Legal Research on March 25.

HeinOnline Law Journal Library

Law journals can be a great research tool.  As a secondary source they help you learn about a legal topic you are researching.  Law journals also provide citations to primary law such as cases, constitutions, statutes, codes and agency regulations.  Some journal articles are written by attorneys practicing in a specific area of law, often found in bar journals or topic specific journals.  The American Bar Association journals are often published by the different topical sections and committees.  When you hear the term “law review”, it is usually a reference to the academic journals published by law schools such as the Sturm College of Law.  Our own Westminster Law Library has many law journals in print on Level 1.  However, if you do not have a citation for an article from another source it is difficult to search print journals by topic.

The HeinOnline Law Journal Library database is an excellent tool to find journal articles.  It can be found on the library’s homepage in the drop down list of databases under the “Research” section. his database is purchased for anyone to use, including SCOL alumni, attorneys, students, and the public.  After you graduate, it often makes sense to begin your research in free resources.  HeinOnline has “libraries” for many additional topics.  

The Law Journal Library has extensive help guides to enhance your research.  You can also access their many User Guides online.

Written by Catharine Cott, Reference Librarian 

Electronic Citation Guide

Read Introduction to Basic Legal Citation (online ed. 2011) by Peter W. Martin, Jane M. G. Foster Professor Law, Emeritus,  which includes:

(1.) WHAT AND WHY? Introduction, Purposes of Legal Citation, Types of Citation Principles, Levels of Mastery, Citation in Transition, and Who Sets Citation Norms.

(2.) HOW TO CITE . . . Electronic Sources, Judicial Opinions, Constitutions and Statutes, Agency and Exec. Material, Arbitrations, Court Rules, Books, Law Journal Writing, and Case Documents.

(3.) EXAMPLES – CITATIONS OF . . . Electronic Sources, Judicial Opinions, Constitutions & Statutes, Agency andExec. Material, Arbitrations, Court Rules, Books, and Law Journal Writing.

(4.) ABBREVIATIONS AND OMISSIONS USED IN CITATIONS: Words in Case Names, Case Histories, Omissions in Case Names, Reporters and Courts, States, Months, Journals, and Spacing and Periods.

(5.) UNDERLINING AND ITALICS: in Citations, in Text, and Items Not Italicized.

(6.) PLACING CITATIONS IN CONTEXT: Quoting, Citationsand Related Text, Signals, Orders, and Short Form Citations.

(7.) CROSS REFERENCE TABLES: Introduction, Changes in The Bluebook, Table: Bluebook, Table: ALWD Manual, and Table: State-Specific Practices.

Load an e-book version of this guide on a dedicated reader (Kindle, Nook, Sony, etc.) by clicking Introduction to Basic Legal Citations: e-book versions fall 2011.

Written by Sheila Green, Reference Librarian 

Income Tax Deadline

Prepare yourself for April 15 income tax filing deadline by checking the following links:

(     1).)  Colorado: Read Colorado Department of Revenue, Division of Taxation, Individual IncomeTax  Find out the amount of Colorado’s income tax rate, how to file or amend tax returns, procedures for downloading forms for current or prior years, e-file options, and more.

(     2.)  Other States:  See Links to State Tax Forms & Filing Options from Federation of Tax Administrators.

(      3.)  Federal:  Browse Internal Revenue Service (IRS) TaxTopic Index  for the following general individual and business tax information: IRS Help Available, IRS Procedures, Collection, Alternative Filing Methods, General Information, Which Forms to File, Types of Income, Adjustments to Income, Itemized Deductions, Tax Computation, Tax Credits, IRS Notices, Basis of Assets, Depreciation, and Sale of Assets, Employer Tax Information, Electronic Media Filers – 1099 Series and Related Information Returns, Tax Information for Aliens and U.S. Citizens Living Abroad, and Tax Information for Residents of Puerto Rico.

See Frequently Asked Questions  and Tax Trails  for additional answers.

Written by Sheila Green, Reference Librarian

Writing Tip of the Week: Imply and Infer

Writers sometimes mistakenly use the word “infer” when they really mean “imply.” Although the two words are related, they are used differently. To imply means to suggest or express indirectly. To infer means to deduce, conclude, or assume.

Thus, use imply when the actor is sending an indirect message; use infer when the actor is receiving, or drawing inferences from, someone else’s message. The person who implies something is the sender of the message, whereas the person who infers something is the recipient of the message.

• The detective implied (suggested) that the defendant was guilty by testifying, “He ran when he saw me, didn’t he?”

• The detective inferred (deduced or concluded) from the defendant’s demeanor that he was hiding something.

• During the settlement negotiations, the plaintiff’s lawyer implied (suggested) that his client would consider a lesser settlement if the defendant publicly apologized.
  

• When the victim filed a civil suit, the defendant’s counsel inferred (deduced or concluded) that the victim was no longer committed to pursuing criminal charges.

For further information, see Anne Enquist & Laurel Currie Oates, Just Writing 310 (3d ed. 2009) and Laurel Currie Oates & Anne Enquist, The Legal Writing Handbook 775 (5th ed. 2010).

EU Research Guide

The Westminster Law Library is pleased to let you know about a new Research Guide for the European Union. This research tool will allow students and others seeking information about the European Union (EU) to locate the basic materials needed for legislative and case law research. Before beginning EU research, it will be most helpful to get an overview of the organization of the European Union system and the various entities that comprise the governing body. The “European Union System” tab will take the reader through a brief description of each of these areas and the role that it plays. Researchers will also want to know about the various types of legislation in the EU and about the Court system. The Guide is located here.

Researchers may also want to know that the Europa website provides free access to all European Union materials, and EU publications can be downloaded at no charge 

Please contact me if you have questions about research materials for the European Union. 

Written by Joan Policastri, Foreign, Comparative and International Law Librarian

Lexis Practice Tools Class

• Monday, March 12 at Noon in Room 155
• Monday, March 12 at 5:00pm in Room 125
• Tuesday, March 13 at Noon in Room 155

This class will cover tools that you might see in practice, including File and Serve, CourtLink, Lexis for Microsoft Office, & Lexis Advance. This is also good for any students considering taking a clinic or an internship where you will be required to file documents with the Colorado court system.  Get snacks (no lunch), 400 points, & an entry for a $250 J. Crew gift card!  Please sign-up at www.lexisnexis.com/lawschool and click on the 'MySchool' tab.

Why get Lexis Certified?   To show employers that you know what you are doing!  Being Certified means you are an efficient legal researcher and are aware research costs.

How does Certification work?  It is a two-part series.  The first class is called "Practice Tools" and the second class is called "Cost Effective Research".  Practice Tools is offered next week and Cost Effective will be offered after Spring Break.  To become certified, you need to attend both classes and then take a quiz.  If you pass the quiz, then you will get listed on our National Certification Registry and can put "Lexis Certified" on your resume.

This year there is an added incentive!  One person at DU who attends a Certification class will win a $250 J. Crew gift card and an ABA membership!   The entire program is worth 1300 Lexis Rewards points - 400 for each class and 500 for passing the quiz.

Spring Break Hours

The University of Denver will soon be celebrating Spring Break. The Westminster Law Library will be on reduced hours during that time.

The Library will be open 8am-6pm Saturday, March 17th through Saturday, March 24th. Regular Library hours resume on Sunday, March 25th from 8am-midnight.

The Reference Desk will also have reduced staffing, although you can still leave a message at refdesk@law.du.edu or 303-871-6206 and we will get back to when someone is available.

•     Closed Saturday, March 17th - Sunday, March 18th 
•     9am - 5pm on Monday, March 19th - Friday, March 23rd 
•     Closed Saturday, March 24th - Sunday, March 25th

Enjoy your break from classes!

Uniform Electronic Legal Material Act

Increasingly, states are providing online access to statutes, regulations and court rules. How can states manage electronic legal information in such a way that access is guaranteed for future users? How can users be sure the material is trustworthy and has been authenticated? The Uniform Law Commission addresses these concerns with the publication of the Uniform Electronic Legal Material Act (UELMA).

Established in 1892, the ULC meets to review and draft statutes for areas of U.S. law that they feel should be consistent or uniform across the states. This model legislation can then be adopted as is, or with modifications, by individual states. Uniform acts cover a range of topics including probate, foreign money judgements, anatomical gifts, child custody and trade secrets. One well-known uniform act is the Uniform Commercial Code (UCC).

The American Bar Association's House of Delegates (ABA) approved the UELMA at its February 2012 meeting in New Orleans. Legislation has been introduced in Colorado, California and Tennessee.  The Colorado bill, HB 1209 was introduced January 30, 2012 and assigned to the Judiciary committee.

For more information on the UELMA, including a Legislative fact sheet and an explanation of why states should adopt the act, see the ULA website.

Written by Patty Wellinger, Reference Services Coordinator

Writing Tip of the Week: That, Which, and Who

The relative pronouns that, which, and who are used to join a dependent clause to the rest of the sentence. They “relate” the clause back to a noun.

• The house that the defendant lived in was on Mulberry Street. (clause relates or refers back to the noun “house”)
  

If the clause relates to a person, use who. If the clause relates to a thing, use that if the clause is restrictive and which if the clause is nonrestrictive. “Restrictive” means that the clause restricts the meaning of the noun—it helps identify the noun. “Nonrestrictive” means that the clause does not restrict the meaning of the noun, but merely provides additional information about a noun that has already been fully identified.

Clauses beginning with which are nonrestrictive and should be set off with commas; that clauses are restrictive and should not be set off with commas. Who clauses can be restrictive or nonrestrictive.

• The driver who hit the green car was seriously injured. (clause refers to a person and is restrictive because it identifies the specific driver being referred to, so use who with no commas)

• The car that the police were chasing reached the intersection first. (clause refers to a thing and is restrictive because it identifies the specific car being referred to, so use that with no commas)

• The blue car, which entered the intersection after the accident, was not speeding. (clause refers to a thing and is nonrestrictive because it is not needed to understand which car is being referred to, so use which with commas)

Relative clauses that follow proper nouns are nonrestrictive; the reader understands what the noun is without the information in the clause.

• Justice O’Connor, who wrote the dissenting opinion, applied a novel analysis. (clause refers to a person who is completely identified by name, so it is nonrestrictive--use who with commas)

For more information, see Anne Enquist & Laurel Currie Oates, Just Writing 215-20, 311 (3d ed. 2009) and Laurel Currie Oates & Anne Enquist, The Legal Writing Handbook 656-58 (5th ed. 2010).