Module 11 Research Problem
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Advanced Legal Research
Module 11 Research Problem
Answer the following questions: Question 1: Find Thing v. La Chusa
, 48 Cal.3d 644 (1989) on Westlaw. What KeyCite symbol does Westlaw assign to this case? What does that symbol mean?
Yellow Flag. A yellow flag signals that the decision has questioned validity, or that a prior version received negative treatment from a court.
Question 2: How many total Citing References
are listed for Thing v. La Chusa
on Westlaw?
4,060 Citing References.
Question 3. How many of those are cases
? [Note: If more than one opinion is issued as the case moves through the courts, count each opinion as a case. In other words, just cite the number after "Citing References" at the top of the screen and don't worry about a case involving more than one decision.]
569 Cases.
Question 4: How many of those are California state court
cases (published or unpublished)?
221 California State Court Cases.
136 Published.
85 Unpublished.
Question 5: How many of those California state court cases are reported/published
?
136 are Published.
Question 6: How many of those reported/published California state court cases are marked as having negative treatment
of Thing
? List them, including the full case citation.
10
Schwarz v. Regents of U. of California
, 276 Cal. Rptr. 470 (Cal. App. 2d Dist. 1990)
Burgess v. Super. Ct.
, 831 P.2d 1197 (Cal. 1992)
S. California Gas Leak Cases
, 441 P.3d 881 (Cal. 2019)
Christensen v. Super. Ct.
, 820 P.2d 181 (Cal. 1991)
Ortiz v. HPM Corp.
, 285 Cal. Rptr. 728 (Cal. App. 2d Dist. 1991)
Potter v. Firestone Tire and Rubber Co.
, 274 Cal. Rptr. 885 (Cal. App. 6th Dist. 1990),
review granted and opinion superseded,
806 P.2d 308 (Cal. 1991), and
rev'd,
863 P.2d 795 (Cal. 1993)
Ballinger v. Palm Springs Aerial Tramway
, 269 Cal. Rptr. 583 (Cal. App. 4th Dist. 1990)
Kesner v. Super. Ct.
, 171 Cal. Rptr. 3d 811 (Cal. App. 1st Dist. 2014),
review granted and opinion superseded sub nom.
Kesner v. S.C. (Pneumo Abex LLC)
, 331 P.3d 179 (Cal. 2014), and
vacated,
384 P.3d 283 (Cal. 2016)
Brewer v. Teano
, 47 Cal. Rptr. 2d 348 (Cal. App. 2d Dist. 1995)
Adams v. Murakami
, 268 Cal. Rptr. 467 (Cal. App. 2d Dist. 1990),
modified
(Apr. 17, 1990),
review granted and opinion superseded,
793
P.2d 22 (Cal. 1990), and
rev'd in part,
813 P.2d 1348 (Cal. 1991)
Question 7:
Find Thing v. La Chusa
, 48 Cal.3d 644 (1989) on Lexis. What Shepard’s symbol does Lexis assign to this case? What does that symbol mean?
Yellow Triangle (Shepards signal). A yellow triangle indicates that citing references in the Shepard’s citations service contain history or treatment that may have a significant negative impact on the case (i.e. limited or criticized by)
Question 8:
Using Lexis, shepardize Thing v. La Chusa
. How many total Citing Sources
are there (including Citing Decisions and other Citing Sources)? 2,282 total.
814 citing decisions.
1468 other citing sources.
How does this compare to Westlaw? There are significantly fewer citing sources on lexis in comparison to Westlaw. Although the categories are tagged differently on each platform.
Question 9:
How many of the Citing Sources you found for Question 8 are Citing Decisions
?
814 citing decisions
How does this compare to Westlaw?
I believe that this is more citing decisions than Westlaw. On Westlaw there were only 569 cases in comparison to Lexis having 814.
Question 10: How many of the Citing Decisions you found for Question 9 are California state court citing decisions (published or unpublished)?
470 citing decisions. 120 published, 343 unpublished.
How does this compare to Westlaw?
Overall, there are more citing decisions on Lexis. But Westlaw has more published and less unpublished whereas Lexis has more unpublished and less published.
Question 11:
How many of those California citing decisions are reported/published
?
120 published, 343 unpublished.
How does this compare to Westlaw?
Westlaw has more published and less unpublished whereas Lexis has more unpublished and less published.
Question 12:
How many of those reported/published California citing decisions are marked as having negative treatment
of Thing (including "caution" or "distinguished by" treatment)? List them, including the full case citation.
6
Kesner v. Superior Court
, 1 Cal. 5th 1132 (2016)
Christensen v. Superior Court
, 54 Cal. 3d 868 (1991)
Zuniga v. Hous. Auth.
, 41 Cal. App. 4th 82 (1995)
Brewer v. Teano
, 40 Cal. App. 4th 1024 (1995)
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