Instructions
This skill exercise may seem like a treasure hunt, but in a way, that’s what legal research really is! For the first part of the exercise, you will do research on WN on the issue of sham marriages as a means of avoiding immigration laws. This will teach you how to conduct a basic search in secondary sources. For the second part of the exercise, you’ll learn some of the features available on secondary sources on WN.
Note: you should read the WN pdf on secondary source here: http://lscontent.westlaw.com/images/content/WLNSecondary10.pdf and my two IN’s on secondary sources before attempting this exercise; otherwise you may find it difficult to navigate WestlawNext.
Directions: For this assignment, do NOT cut and paste all the material below. Simply put the 1.a. followed by your answer, 1.b. followed by your answer, etc.
Sign into WestlawNext (WN). On the home page, you should see the word “browse” on the left. Make sure the “all content” tab is showing in white. Click on “secondary sources” in blue. This is the secondary sources main page.
1. Your first task is to find an article in American Law Reports that pertains to your research issue, which I identified above.
Once in ALR, click on the topic of “immigration.” Then, type “sham marriage” into the GSB and click “search.” Review the first five entries that appear. Locate the annotation that appears most relevant to the topic of knowingly entering into a sham marriage to avoid immigration laws. Open the annotation by clicking on the title. Provide the following information:
a. the full title and author of the annotation (you may cut and paste this but do not include J.D. after the author’s name – that just means the author has a law degree).
b. Scroll down to the “index” and answer the following: which section number would show cases relevant to “payment for marriage”?
c. Under “statutory text,” tell me the maximum amount of imprisonment that a person could receive for entering into a marriage for the purpose of evading immigration laws.
d. Scroll down to the “table of cases, laws, and rules.” Here you will find cases broken down by jurisdiction. Give me the name and year of the case you see under the heading: “Supreme Court.”
2. Next you are going to do research in AmJur. Tip: remember, any time you want to go to the home page in WestlawNext, just click the white and orange WestlawNext in the upper left on any page you’re on.
AmJur is a legal encyclopedia, so it is organized by topics. You get to AmJur2D by clicking on “texts and treatises” on the secondary sources main page. When you click on “American Jurisprudence 2d,” you get the page that lists all of the AmJur2d topics. Look for the title of the volume most likely to contain your issue. Hmmm. There is not a volume titled “immigration.” But — there is one titled “Aliens and Citizens.” Click on that, and then type “sham marriage” into the GSB.
a. Scroll down the listings and tell me the section number in “Aliens and Citizens” that covers “sham marriage – what is a sham marriage.”
b. Click on that section. Copy and paste the name and citation of the first case shown under Footnote 1 in that section.
3. Go back to the WN home page and click on secondary sources again. Under “Law Reviews and Journals,” type “sham marriage immigration” into the GSB. Scroll through the first 10 articles and give me the title, publication, and year of the first article you see with the words “widow penalty” in the title.
4. The next few questions do not pertain to our immigration issue; rather, they will help you explore other secondary sources available in WN. In the secondary source main page, look under “by state” and click on Maryland.
a. Provide the title of one item from the “text & treatises” options.
b. Provide the title of one item from “law reviews and journals.”
5. Go back to the secondary sources main page. Go down to “by topic” and click on “criminal law.” Once you are on that page, tell me which of those sources would be the most likely source for a sample motion to suppress evidence?
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