words and phrases

1. Words and Phrases �A word is not crystal, transparent and unchanging, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used.� -Justice Holmes 245 U.S. 418 How is resources used in this context?How is resources used in this context?

2. What Exactly is Words and Phrases? Hard-bound, multi-volume publication of West containing: thousands of judicial definitions of words and phrases, arranged alphabetically, from 1658 to the present. multiple entries of how words and phrases have been defined by the courts, and thus, have taken on special meaning in the law.

3. How to Put Words and Phrases to Use The Hastings library has several bound volumes to search Words and Phrases �the old fashioned way� . . . by picking up a book. Just like West�s Digest, it can be helpful as a starting point in your research. It is also helpful when your research involves unfamiliar terms, or terms too narrow to be indexed in other sources. Prior to the introduction of online and CD-ROM legal research tools, Words and Phrases played a key role in legal research by leading the researcher to a primary authority, such as a case, statute, or constitutional provision. Add a subheading right below the main heading called �In Hard Copy� Then after this screen, the screens that include the physical location/call numbers in the Hastings library should immediately follow this screen. Then after those screens, the next screen should be the one that begins �In 1996 Westlaw�.� And that screen should have the heading �Online Resources� Add a subheading right below the main heading called �In Hard Copy� Then after this screen, the screens that include the physical location/call numbers in the Hastings library should immediately follow this screen. Then after those screens, the next screen should be the one that begins �In 1996 Westlaw�.� And that screen should have the heading �Online Resources�

4. Contents of Words and Phrases Outline of West�s Digest Topics Same list of topics as in West�s Digest Words & Phrases (in alphabetical order) Legal �terms of art� as defined by courts and statutes Case summaries containing definitions or explanations for each word and phrase: Organized by jurisdiction � U.S Supreme Court, circuit courts, to state appellate courts Reference to statutes that have defined the particular word or phrase Case summaries are cross-referenced with relevant West�s Digest Topics

5. Is Words and Phrases on Westlaw? Words and Phrases does not appear as a specific resource or database on Westlaw. Instead, Words and Phrases is a field restrictor to be used in any case law database search. For example? enter a search query as wp(�nominal trust�) in a case law database to yield all cases for which the court defined or explained the term �nominal trust.� A Westlaw rep confirmed that such a search will not yield all cases that have simply mentioned your term. Thus, the W&P restrictor does serve as an editorial resource in Westlaw. Costs? Using W&P as a field restrictor in your search does not generate additional costs when running your search. Give an example of how you access this feature on Westlaw, by giving a search string example as a second bullet point�.Give an example of how you access this feature on Westlaw, by giving a search string example as a second bullet point�.

6. Is There a Comparable Resource on Lexis? There is no comparable resource on Lexis However, in order to find case law or other sources that have defined a word or phrase you can create a �definitions� search and/or restrict your search by a �segment� For example? to find cases in which courts have defined �nominal trust,� use a search phrase such as: defin! or interpret! or constru*** or mean! or expla! or deem! w/10 nominal trust or atleast5( nominal trust) or core-terms(nominal trust)

7. Why is Words and Phrases an Important Resource? The interpretation or meaning attributed to a word or phrase often determines rights, duties, obligations, and liabilities of the parties. Many court decisions are based on the meaning attributed by an appellate court to a single word or phrase. Words and Phrases allows a person to hone in on pertinent cases by selecting key words or phrases contained in a document. Whenever possible, entries are written in the exact language the court employed.

8. Strengths and Limitations Words and Phrases searches for instances when a court has analyzed a specific term or phrase. It does a good job where a court has analyzed a certain term. The limitation, as is often the case, is whether any court has actually analyzed the term you are interested in. Give some suggestions for how a researcher can work around these limitations? Are there other limitations besides this one, and again, what suggestions do you have to work around these limitations?Give some suggestions for how a researcher can work around these limitations? Are there other limitations besides this one, and again, what suggestions do you have to work around these limitations?

9. Are There Other, Similar Resources? Legal dictionaries, such as the Black's Law Dictionary and Jowitt's Dictionary of English Law, may prove helpful if the usual words and phrases sources do not. Some legal dictionaries, such as the legal dictionary on Findlaw, are available through the Internet. Keep in mind, however, that legal dictionaries do not cross-reference terms and phrases the way Words & Phrases does. [check this � does it do that?]Keep in mind, however, that legal dictionaries do not cross-reference terms and phrases the way Words & Phrases does. [check this � does it do that?]

10. Do You Want This Resource in Your Print Library? YES! The bound volume contains reference to years of terms and phrases and is continually being updated. Since the online version is strictly a field restrictor, it is important to have access to a hands on resource where you can actually look up and cross-reference specific terms and phrases. The cost is not prohibitive for a library or firm: $5,833.00 for an entire set. Yearly pocket parts cost roughly $1,000.00.

11. Summary Your legal work may depend on the specific meaning of a particular word or phrase in a statute or contract. This is when a research tool designed to assist with finding the legal meaning of words and phrases becomes indispensable.

12. 12 AmJur - Proof of FactsandModel Trials

13. 13 What�s in a name? Proof of Facts - Contains comprehensive subjects and information for trials (checklists, legal considerations and advice) - Yes if has standards of proof! Model Trials - Contains much of the same subject matter but includes more information about lawyering particular claims and advising clients

14. 14 Do I Really Need This? Do I Really Care? Great resource for figuring out what you need to know! Very comprehensive and can prevent leaving out any considerations that might impact your case and your client. It is warm and fuzzy and holds your hand.

15. 15 Show Me the Money! Full Set: Proof of Facts - $5,126Model Trials - $3,365 Online: Westlaw Only Premium Database billing applies, but there is a combined database that is useful and at the same rate as either alone. CD version available.

16. 16 Is it Current? Proof of Facts - Updated 6 times yearly with additions online and in pocket parts Model Trials - Updated 4 times yearly online and with pocket parts