Unsure of what a familiarity ranking is? It's a number that rates your familiarity with a legal subject area. Just by being in law school you're already at a #1. As you move closer to #5 on the scale you are closer to being an expert in that field. It helps you make specific choices when starting your research. These exercises will take you through the first 4 familiarity rankings and what resources you would likely turn to based on that familiarity.

We'll start with a #1 familiarity ranking, which means you really don't know much about the subject area. This is a great place to start most of your research, especially in unfamiliar areas of law.

You have a familiarity ranking of 1. That means you are at the beginning of your research in this area and are hoping to gain knowledge in a specific area to help narrow your research question. Often you will use a legal dictionary or a legal encyclopedia at this stage of your research.

A legal dictionary can be a good place to get a basic understanding of a concept, additional search terms, and occasionally a primary source.

Westlaw Steps:

Sign in to Westlaw

Select Content

Select Secondary Sources

In the blue box on the right, select Black's Law Dictionary

Search for the term abuse of process.

Notice that there is "abuse of legal process" and "abuse of process". Select either, one will lead you to the other. This will be a good source if you have questions about what is considered abuse of process, other words you may find, and an additional secondary source: the restatement of torts.

Lexis Steps:

Sign in to Lexis

Select Content

Select Secondary Sources

Select Dictionaries

Select the Wolters Kluwer Bouvier Law Dictionary Desk Edition

Search in P for the term process "Abuse of Process"

This article gives you the basic elements of abuse of process, general theories of abuse of process, and several primary sources.

Write down in your research trail where you looked, what search terms you used and what you found out that will help you answer the research question.

Next you will use the terms you learned in your dictionary search to search the national legal encyclopedias American Jurisprudence 2d (AmJur):

In Westlaw:

Go to Content

Select Secondary Sources

Select Jurisprudence & Encyclopedias

Select American Jurisprudence 2d

Using the Table of Contents, select the term "Abuse of Process". By doing this you can look at the entire chapter on Abuse of Process in the encyclopedia.

I. Nature of Elements of Action §§1-10 will give you a broad overview of Abuse of Process. Pay close attention to §2 Definition of "process" as you look for support to your research question. After you have read the general sections look to see if there are other sections you think will help your understanding of the tort. Make sure to read §21 Attorneys to see if you can find arguments for or against whether attorneys can be liable for abuse of process claims.

In Lexis:

Go to Content

Go to Secondary Materials

Go to American Jurisprudence 2d (AMJUR)

Look at the table of contents for "Abuse of Process".

You should find the same articles you just read from Westlaw.

Write down what you found in your research trail. Pick 2-3 primary sources you would like to pursue based on your findings.

(to see the chart better, just click on it and a larger version will appear)