Boston College Innocence Program

Much of your research in the clinic will revolve around finding cases (usually Massachusetts SJC and Appeals cases) that align with certain procedural postures and fact patterns. You'll need to use all of the tools in your case-finding toolbox. And remember that you'll need to compare, contrast, and distinguish the cases that you identify, as appropriate. The major tactics, discussed in more detail in the boxes below, are:

1. Secondary Sources: Secondary sources describe a legal issue and point you to major primary law that controls, including statutes and cases. 
2. Notes of Decisions: If you're working with a statute or court rule (say Mass. R. Crim. P. 30), use the Notes of Decisions on Westlaw & Lexis to lead you to cases that have interpreted said statute or court rule. These are selected by editors at West/Lexis.  
3. Citing References: Similar to Notes of Decisions → If you're working with a statute or court rule (say Mass. R. Crim. P. 30), use Citing References to find all cases that have cited your statute or court rule. This is a broader group of cases that those selected by the editors to appear in the Notes of Decisions. 
4. Full-Text Searching: Full-text searches (natural language and Boolean/Terms & Connectors) in case law databases can be really useful if you need to perform a comprehensive search for any and all cases that may meet certain parameters. 
5. AI Legal Research Tools: ChatGPT is pretty terrible at legal research—it will flat out make things up. But specialized AI tools like Lexis Protégé and Westlaw's CoCounsel are very useful, as long you remember to actually go read and verify what they say and that they are still good law (similar to secondary sources). And use the AI tools along with other methods in this list - not as your only tactic. 
6. Headnotes/KeyNumbers: Particularly on Westlaw, use the tools in the Headnotes from a known case to lead you to other similar cases. 

Make use of the recommendations on the Procedural Basics and Secondary Sources pages. These might lead you to important cases on your topic. 

Alternatively, you can run a broader search for your keywords in Secondary Sources on Lexis, Westlaw, etc., and then filter by jurisdiction. 

Westlaw: Use the tabs above the statute or court rule that you've researching. Remember that Notes of Decisions are selected by editors and arranged by topic. Citing References include all cases (or secondary sources or whatever you're looking for) that have cited your statute or court rule. The case might discuss your statute or court rule in depth or cite it quite peripherally. Once you go into Citing References, you can then filter cases by jurisdiction, search within for certain terms, and so on. 

Lexis: Scroll down under the text of the statute or court rule to find the Notes to Decisions, which are selected by editors and arranged by topic. Shepardize the document to find all decisions and other sources that have cited your statute or court rule. The case might discuss your statute or court rule in depth or cite it quite peripherally. Once you go into Citing References, you can then filter cases by jurisdiction, search within for certain terms, and so on. 

Full-text searching involves searching for keywords in a case law database (e.g., Massachusetts State & Federal Cases). It's wise to try multiple types of searches. 

Natural language: Akin to what we do with a Google search. You search for a string of key terms, and the search results retrieved reflect what the search engine designers deem to be the most relevant based on their proprietary algorithm.

• Example: prosecutor closing argument mislead jury
• The number of results you get will be determined by what the system you're using deems relevant

Terms & connectors: Involves connectors like AND and OR, as well as quotations marks for phrases, /s or /p to find words or phrases within the same sentence or paragraph as one another, or a root expander like ! to find various word endings. Parentheses can help you group certain concepts together and can make the database use the correct order of operations when it runs the search. 

• Example: (prosecutor /s "closing argument" or summation) /125 (lying or lie! or misstat! or mislead! or misled or misrepresent!)
• The number of results should reflect the actual number of cases in that database that meet the parameters you've laid out in your search. 
• Tip:  If you need a comprehensive list of cases, work with your prof, supervisor, and/or librarian to construct a search that strikes a good balance between capturing what you need and eliminating irrelevant results. 

Check out the Advanced Search screen in any case law database on Lexis or Westlaw to get a cheat-sheet of their supported terms & connectors, which are very similar on both platforms. 

Specialized legal AI tools like Lexis Protégé and Westlaw's CoCounsel are far better than regular generative AI tools like ChatGPT. A few tips:

• Treat the response as a secondary source that wasn't written by a human expert.
• Be sure to actually go read and verify the primary law that is included in the response (similar to other secondary sources)—these systems frequently fail to accurately capture what a case actually says or holds. 
• Use AI tools along with other methods in this list—not as your only tactic. 
• Think critically about your prompt, including the following: supply the relevant jurisdiction; state your goal and purpose in asking; provide material facts and background information; and refine with follow-up prompts. 

If you find a good case on Westlaw, use the tools in the headnotes to find similar cases. This includes: cases that cite your case for the proposition that is covered in that headnotes (green arrows below), and cases that have been tagged with the same key number in West's topic and key number "outline" of American case law (green boxes).