LexisNexis and Westlaw Features Compared
While the content of LexisNexis and Westlaw is similar, there are some significant variations in coverage as well as search methods. Students should seek proficiency in both systems. 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.
The key differences in the LexisNexis and Westlaw search language are as follows: 1. Lexis assumes a phrase, but Westlaw assumes "or". If you type in: statute of limitations on Lexis, it will look for the phrase, but Westlaw will look for: statute or of or limitations. Westlaw will read something as a phrase if you put it in quotes, "statute of limitations". 2. Lexis and Westlaw use different indicators for segment searches. Example, for case name: Lexis: Name(roe and wade) ; Westlaw: ti(roe and wade). 3. Lexis does not allow using /n in the same search as /s or /p, but Westlaw does. Example: unnatural /3 accumulation /s snow - Westlaw allows this search, but Lexis does not. |
More LexisNexis and Westlaw differences:
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 has a button for "term frequency" |
| 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 |
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 |
|
| abbreviations, acronyms | recognizes all variations of state abbreviations and many acronyms. You must type in I.R.S. or IRS. | use periods and no spaces to retrieve all variations, i.e. i.r.s. =IRS, I.R.S., I R S, I. R. S. |
Content Differences
|
Search Features:
| 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 | A mispelled word might return no hits, with a message, 'Did you Mean _______" |
| 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 |
| Browse a hierarchical list of legal topics and search by Headnote or Keynumber | Search tab>by topic or headnote>pick a topic from the outline>select jurisdiction, sources and search terms | Key Numbers -search for key numbers or browse the digest outline |
| Search topical areas, with guided query formulation | KeySearch | |
| Special Templates for Searching | Guided Search Forms | |
| When searching a database, suggests other databases to search | Suggested Content | |
| Find Rules which Apply to different types of motions | KeyRules | |
| Find Statutes or the law for all 50 states | 50 State Surveys (statutes), JurisCharts (summary of the law) | 50 State Surveys(statutes) |
| Save searches and run them at intervals to update your research results | Alerts | Alerts, Westclip |
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 | Related Content Practitioner's Toolbox (currently available for NY Statutes only in the fulltext results) |
ResultsPlus |
Organizational Structure:
Finding Appropriate Databases
| LexisNexis | Westlaw | |
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 Find a Database Wizard |
| Use a template to identify appropriate databases for popular resources or search tasks | Guided Search Forms | |
| Find Resources Appropriate to Various Stages of Litigation or a Transaction, Find Resources for certain Tasks | Total Litigator Transactional Advisor Research Tasks (ex. Ohio Litigation, Due Diligence) |
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 The Shepard's Signal; Shepard's Citation Services Analysis Definitions |
Westlaw (Keycite) |
|
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. Identifies at a glance whether a case is overruled for one point of law, but followed on another, as well as if one jurisdiction followed but another overruled. Keycite does not uncover these splits of authority at a glance. |
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 | very negative treatment (ex: overruled ), validity questioned (ex: questioned by), mild negative (ex: criticized), neutral (ex: explained), to the positive (ex: followed by). |
one to four *, from mentioned to extended examination. CAVEAT: The stars indicate how long the case talked about the case in question. Cases with one star may have relied heavily on the case, but did not go on at length. |
Search Features & other functions of Keycite v. Shepard's:
LexisNexis (Shepard's) |
Westlaw (Keycite) | |
| Table of authorities in cited case | TOA (with editorial treatment to indicate how the case in question treated the cases it cited to) | TOA (no editorial treatment) |
| 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. Lexis results are already arranged by jurisdiction. |
Westlaw headnotes, locate (search for terms in the cases), jurisdiction, date, depth of treatment and document type. Filtering options are on separate pages. |
| 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.
JRN 11/04,SA 8-6-07
links checked 8/7/2009