LexisNexis and Westlaw Features
Compared
LexisNexis and Westlaw are competing
electronic legal research systems that provide access to thousands of
databases. While the content of both systems is similar, there are some
significant variations in coverage as well as search methods. Students
should seek proficiency in both systems in preparation for legal practice.
This guide will identify the different terminology and search syntax used
in each service, so you can easily switch between using LexisNexis and
using Westlaw.
Organizational
Structure:
Finding Appropriate Databases
| |
LexisNexis |
Westlaw |
| Files, group
files are organized as |
Sources |
Databases |
| Comprehensive Outline
of Databases |
First Page, Organized into 3 tabs: Legal, News & Business,
Public Records |
Click on "Directory" at the top of the page |
| Custom Research Tabs - Show Databases for a Jurisdiction or Topic |
"Add/Edit Tabs"
Includes all sources for
a jurisdiction or
"Research Tasks"-
databases and resources for performing certain tasks |
"Add/Remove Tabs"
Does not include all sources
for the jurisdiction |
| Search for a Particular Database or Source |
'Find a Source" tab |
"Search These Databases" box |
| Use a template to identify appropriate databases for popular
resources or search tasks |
Guided Search Forms |
|
| Find Resources Appropriate to Various Stages of Litigation |
Total Litigator |
|
Search
Tasks Compared:
| Research Task |
LexisNexis
|
Westlaw
|
| Retrieving
Document by Citation |
Get
a Document>get
by citation |
Find&Print
or
Law
School Tab>Find by Citation |
| Search
for a case by name |
Get a
Document>get
by party name or
Segment
search: Name (DeRolph) |
Find&Print>find
a case by party name or
Law
School Tab>Find by party name
Field Search: TI (DeRolph) |
| Search
for a phrase |
No
quotations. Lexis default assumes a phrase: i.e.
work
made for hire |
Use quotation
marks for words to appear together, i.e. "work made for hire" |
| Restrict
search to a particular part of a document |
Segment
Search:
SYLLABUS(work
made for hire) |
Field
Search:
SY("work
made for hire") |
| Search
within a set of search results |
Focus:
refine
search term, add terms, search segments or change date restrictions
|
Locate:
refine
search term, add terms, search segments or change date restrictions
|
| Find spelling errors in a search |
"Check Spelling" link on the search screen |
|
| Find additional search terms |
"Suggest Terms for my Search" link on search screen |
"Thesaurus" link on search screen |
| Check
a citation for validation or research |
Shepard's Check
a Citation |
KeyCite |
| Search
topical areas, with guided query formulation |
Search
Advisor |
KeySearch |
| Browse a hierarchical list of legal
topics and search by Headnote or Keynumber |
Search Advisor>Select topic from outline>Retrieve All Headnotes |
West Key Number Custom Digest (click on site map>west key number
custom digest) |
| Save
searches and run them at intervals to update your research results |
Alerts |
WestClip |
Search
Language: Truncations, Plurals, etc.
|
LexisNexis
|
Westlaw
|
| universal
character * |
amist*d
= amisatad, amisted, amistod, etc.
g**se
= goose, geese, etc. |
amist*d
= amisatad, amisted, amistod, etc.
g**se
= goose, geese, etc. |
| truncation !
|
regulat! = regulate,
regulatory, regulations, etc. |
regulat! = regulate,
regulatory, regulations, etc. |
| plurals |
plural
forms automatically searched; irregular plurals are not, i.e. lawyer,
lawyers, but not goose, geese |
plural
forms automatically searched; irregular plurals are not,
i.e.
lawyer, lawyers, but not goose, geese |
| hyphenated
words |
hyphen read as
a space, so hyphenated word seen as two words, i.e. pre-trial =pre-trial
or pre trial, but not pretrial |
use hyphenated
form to retrieve all variations of compound words: pre-trial = pre-trial, pre
trial, pretrial |
| section symbol
|
use
@ with or without a space
See
Searching
Symbols and Punctuation Marks |
|
| abbreviations,
acronyms |
recognizes all
variations of state abbreviations and many acronyms |
use
periods and no spaces to retrieve all variations, i.e.
i.r.s.
=IRS, I.R.S., I R S, I. R. S. |
Search Language:Boolean Connectors
Information about search connectors
can be found when you go to a search screen in LexisNexis or Westlaw.
|
LexisNexis
|
Westlaw
|
| Search terms
as a phrase |
Contiguous words
default as a phrase: work made for hire |
Quotation
marks:
"work
made for hire" |
| Find any word
in a document, either word must appear in the document |
or
oil
or petroleum |
space
(or use "or")
oil
petroleum |
| Both words must
appear in document |
and
trust
and charitable |
and
trust
and charitable |
| Word must appear at least x number of times in the document |
atleast
atleast10(passive loss) |
The search screen for some databases has a button for "term
frequency" , see ALLFEDS database for example |
| Find two words
in same document within a specified number of words of each other
|
/n
or w/n
oil
/2 petroleum |
/n
oil
/2 petroleum |
| First word must
precede second within specified number of words |
pre/n
united
pre/3 america |
+n
united
+3 america |
| Find words in
the same sentence |
/s
or w/s
circumstances
/s mitigating |
/s
circumstances
/s mitigating |
| Find words in
the same paragraph |
/p
or w/p
rule
/p sanction |
/p
rule
/p sanction |
| Combining /n with /s or /p in the same search statement |
Does not allow:
unnatural /3 accumulation
/s snow |
Allows:
unnatural /3 accumulation
/s snow |
| Exclude the second
search term |
and
not
trust
and not charitable |
%
(or "but not")
trust
% charitable |
| First word is
not within specified number of words of second word |
not/n
or not w/n
puerto
not/5 rico |
|
| First word is
not in the same paragraph as the second word |
not
w/p
cable
not w/p television |
|
| Words appear
in the same document segment or field |
w/seg
(can be any segment)
opec
w/seg gasoline |
Add
specific field or date restriction to search , i.e.
SY
(opec and gasoline) |
| Word excluded
from document segment or field in which other word appears |
not
w/seg
trust
not w/seg charitable |
Add
specific field or date restriction to search , i.e.
SY(trust
% charitable ) |
| Word excluded
from sentence in which other word appears |
not
w/s
trust
not w/s charitable |
|
| First word must
appear before second word in same sentence |
|
+s
charitable
+s trust |
Results
Features:
| |
LexisNexis |
Westlaw |
| Editorial Enhancements to Cases |
Prior history, case summary, core terms, LexisNexis headnotes, headnotes
link to other cases with that headnote (More Like this Headnote) |
Background, holding, Westlaw headnotes with keynumbers, headnotes
link to other cases with that headnote (click on the key number) |
| List of Secondary Sources that apply to the Search Terms |
Practitioner's Toolbox
(currently available for
NY Statutes only in the fulltext results) |
ResultsPlus |
Shepard's
and Keycite Compared
Both
systems provide citation research services, which you will use to verify
the status of a case, statute or regulation at hand, as well as to find
other authorities citing the document in question. LexisNexis's service
is called Shepard's Citations, and Westlaw's is called Keycite. For more
information, see Comparison
of Features of Shepard's on LexisNexis and Key Cite on Westlaw.
Each
service uses distinct signal markers, to indicate the standing
of the case in question. Keycite includes these signal markers for
each cited case in a Keycite report, not just the case in question.
|
LexisNexis
(Shepard's)
see LexisNexis
Knowledge Base |
Westlaw
(Keycite)
see
Keycite
for Students, Keycite
Citing References |
Negative
treatment: Case is not good law for at least one of its points (overruled
or reversed) ;Statute has been amended or repealed
Questioned
by: Citing opinions question continuing validity or precedential
value of case because of intervening circumstances, including judicial
or legislative overruling |
Red
stop sign
Orange
Q |
Red
status flag |
| Caution:
Case has some negative history (limited, criticized); Statute has
section affected by pending legislation |
Yellow
triangle |
Yellow
status flag |
| Positive
treatment: History or treatment of case has positive impact on your
case (affirmed, followed) |
Green
diamond with plus sign |
|
| Case has some analysis which is neither positive nor
negative |
A in
blue circle: A= analysis |
|
| Case
has some history |
A in
blue circle: A= analysis |
Blue
H |
| Case
is cited, with no analysis |
I
in blue circle |
Green
C |
The cases listed in the Keycite
or Shepard's results may be marked as follows:
| |
LexisNexis
(Shepard's) |
Westlaw
(Keycite) |
| Editorial treatment, editorial analysis |
followed, criticized, distinguished, harmonized, explained, etc. |
distinguished, declined to extend, disagreement recognized by, etc. |
| Citing case or
decision directly quotes cited case |
|
" (quotation
marks) appear after the cite |
| Indicates which headnotes from the case in question are discussed
in the subsequent case |
LexisNexis headnotes indicated after the cite |
Westlaw headnotes indicated after the cite |
| Depth of treatment
of cited case |
|
one to four *,
from mentioned to extended examination |
Search Features &
other functions of Keycite v. Shepard's:
| |
LexisNexis
(Shepard's) |
Westlaw
(Keycite) |
| Table of authorities
in cited case |
TOA |
TOA |
| To search within
results |
FOCUS |
LOCATE |
| Limiting the results |
by editorial analysis, focus (search for terms in the cases), date,
jurisdiction, LexisNexis headnotes and Westlaw headnotes. Can also
limit by positive or negative treatment and type of document using
the summary table at beginning of the shepard's report. |
Westlaw headnotes, locate (search for terms in the cases), jurisdiction,
date, depth of treatment and document type. |
| Graphical History |
no |
yes - helpful in procedurally complex cases, and to identify court
hierarchy in different states |
Order of the results: Shepards
lists history first. Then, shepard's lists subsequent cases in chronological
order. There is a table at the top, so you can easily click to cases that
questioned, distinguished, followed, etc. Secondary sources and court
documents listed last.
Keycite lists history first,
then you must click on "citing references" to see subsequent
cases. The negative cases are listed first, in order of depth of treatment.
The positive cases are then listed in order of depth of treatment. Then,
secondary sources are listed, followed by court documents.
Content
Differences
- LexisNexis and Westlaw both contain annotated statutes, both federal
and for the fifty states. Their caselaw and other annotations may differ.
- LexisNexis and Westlaw both contain federal and state cases, but one
may contain a particular case that the other does not.
- Differences in secondary sources may arise, based on whether each
company has acquired the right to include a secondary source in its
database. LexisNexis or Westlaw publish certain treatises, formbook
and other materials, so the tendency is for LexisNexis publications
to appear on LexisNexis, and Westlaw publications to appear on Westlaw.
- Westlaw contains the West Digest, a topical arrangement of case summaries,
while LexisNexis utilizes Search Advisor for the same purpose.
|
