Intro to Lexis+ and the American Legal System

Lexis+ is a comprehensive legal research platform that aggregates primary and secondary legal materials, allowing researchers to search across multiple sources in a single interface.
- Includes federal and state constitutions, statutes, regulations, case law, and secondary materials (treatises, law reviews, practice guides).
- Integrated tools: Shepard’s for citator services, Practical Guidance, brief‐analysis features, and visual analytics.
Understanding the architecture of the American legal system is essential before effectively navigating Lexis+.

U.S. Constitution
- Supreme law of the land under the Supremacy Clause (Article VI).
- Establishes separation of powers among the three branches: Legislative (Congress), Executive (President), Judicial (Federal courts).
- Provides Bill of Rights (first ten amendments) and subsequent amendments that define individual rights and governmental powers.
Federal Statutes
- Enacted by Congress and codified in the United States Code (U.S.C.).
- Structure: Titles → Chapters → Sections.
- Example citation: 42\ \text{U.S.C.}\ §\ 1983 (civil rights statute).
- Statutory interpretation hierarchy: plain meaning → legislative history → canons of construction.
Federal Regulations
- Promulgated by executive agencies pursuant to statutory authority.
- Published first in the Federal Register, then codified in the Code of Federal Regulations (C.F.R.).
- Example: 40\ \text{C.F.R.}\ §\ 1508.1 (NEPA regulations for environmental impact statements).
- Judicial review standard: “arbitrary and capricious” test under the Administrative Procedure Act.
Federal Common Law
- Limited scope post-Erie v. Tompkins, but still exists in areas such as admiralty, foreign relations, interstitial interpretation of federal statutes.
- Courts create doctrine where Congress is silent and where national uniformity is required.

State Constitutions
- Each state has its own constitution that can grant broader rights than the U.S. Constitution, but never fewer.
- Amendment procedures vary (legislative proposal + referendum, constitutional convention, initiative).
State Statutes
- Enacted by state legislatures; codified in state codes (e.g., California Penal Code, New York Consolidated Laws).
- Preemption doctrine: state statutes may be invalidated if they conflict with federal law (express, field, or conflict preemption).
State Regulations
- Issued by state agencies; published in state administrative codes or registers.
- Examples: workers’ compensation rules, environmental quality standards, professional licensing regulations.
State Common Law (Case Law)
- Developed through judicial decisions in state courts.
- Covers torts, contracts, property, family law, and other areas not fully preempted by statute.
- Stare decisis: binding precedent within the state’s own hierarchy (supreme court → intermediate appellate → trial courts).

Federal supremacy: \text{U.S. Constitution} > \text{Federal Statutes} > \text{Federal Regulations} > \text{Federal Common Law} \geq \text{State Law}.
Within each jurisdiction, constitutions outrank statutes, which outrank regulations, which outrank common law.
Conflict resolution principles
- Express preemption clause in statutes.
- Implied preemption (field or conflict).
- If no preemption, state law may supplement federal law.

Begin with secondary sources to gain context; use treatises and practice guides.
Filter search by content type (cases, statutes, regulations) and jurisdiction (federal vs. specific state).
Shepardize every primary source to verify good law and find citing references.
Use headnotes and topic summaries to navigate to relevant cases quickly.
Utilize graphical views (e.g., Search Term Maps, Shepard’s Signal Overview) for quick assessment of authority strength.

Duty of candor to the court: cite adverse authority that is on point and controlling.
Competence in legal research is a professional responsibility under ABA Model Rule 1.1.
Misuse of or failure to update research (e.g., ignoring negative Shepard’s treatment) can constitute malpractice.

The American legal system is multilayered: federal and state, each with constitutions, statutes, regulations, and case law.
Lexis+ provides tools to locate, interpret, and validate each layer of authority.
Understanding hierarchy is critical for determining which law controls when conflicts arise.
A methodical research process ensures compliance with ethical obligations and maximizes legal effectiveness.