Timebase Pty Ltd v. Thomson Corporation, The

Filing 259

Declaration of Jenna J. Bayer in Support of 258 Response filed by Timebase Pty Ltd. (Attachments: # 1 Placeholder for Exhibits F, G, H, J, K, N and Q, # 2 Exhibit(s) A (Part 1), # 3 Exhibit(s) A (Part 2), # 4 Exhibit(s) B, # 5 Exhibit(s) C (Part 1), # 6 Exhibit(s) C (Part 2), # 7 Exhibit(s) D, # 8 Exhibit(s) E, # 9 Exhibit(s) I, # 10 Exhibit(s) L, # 11 Exhibit(s) M, # 12 Exhibit(s) O, # 13 Exhibit(s) P)(Hosteny, Joseph)

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Exhibit L (“Five Easy Ways to Retrieve Statutes” available at http://west.thomson.com/documentation/westlaw/w lawdoc/web/stpl405.pdf) to TimeBase’s Response to Defendants’ Motion for Summary Judgment WESTLAW® QUICK REFERENCE GUIDE Five Easy Ways to Retrieve Statutes Searching Statutes on Westlaw 1. Retrieve a statute using a citation The quickest way to retrieve a statute when you know its citation is to use the Find service. You do not need to access a database. At most tabbed pages, you can type a citation, e.g., 6 usca 313 or co st 8-2-113, in the Find by citation text box in the left frame and click Go. To print the statute immediately after you retrieve it, select the and Print check box before you click Go. RETRIEVING MULTIPLE CITATIONS To find and print multiple documents, click Find&Print at the top of any page. In the right frame of the Find a Document page, type your citations in the Enter Citation(s) text box, select your result options and delivery options, and click Send Request. RETRIEVING A STATUTE USING A FIND TEMPLATE If you are unsure of the correct citation format, type the publication abbreviation in the Find by citation text box in the left frame and click Go to display a fill-in-the-blank template. For example, to display a Find template for the United States Code Annotated® (USCA®), type usca. To display a Find template for Type Code of Federal Regulations (CFR) federal court rules state statutes* state court rules* state session laws* cfr us rules xx st xx rules xx legis *where XX is a state’s two-letter postal abbreviation 2. Retrieve a statute using an index Use the alphabetical index in a statutes database to retrieve sections on a specific topic. After you access a statutes database, click Statutes Index at the top of the Search page. Browse the index using the links and the plus (+) and minus (–) symbols, or search for specific terms in the index using the Search feature as shown in Figure 1. To retrieve the full text of a section, click its citation. Figure 1. USCA index For assistance using Westlaw, call 1-800-WESTLAW (1-800-937-8529). For free reference materials, visit west.thomson.com /westlaw/guides. 3. Retrieve a statute using the Table of Contents service The Table of Contents service allows you to browse the table of contents for a publication, view a document in the context of the sections surrounding it, and quickly retrieve related sections. It is available for the USCA and all state statutes. There are several ways to access the Table of Contents service: • At a database Search page, click Table of Contents at the top of the page. • While viewing a statute, click Table of Contents on the Links tab in the left frame. You can browse a table of contents by clicking the plus and minus symbols or by selecting the appropriate check boxes and clicking Expand Selections(s) at the bottom of the Table of Contents page. The portion of the table of contents you selected will be expanded. (To collapse the entire table of contents, click Collapse All.) To retrieve a specific section in the table of contents, click its link. The table of contents for the USCA and California, Florida, Illinois, Massachusetts, New Jersey, New York, Pennsylvania, and Texas statutes can be displayed as it existed on a particular date. Type the date in the Effective Date text box or click the Calendar icon to select the date, then click Go. The table of contents for that date is displayed. RETRIEVING MULTIPLE SECTIONS OR ENTIRE TITLES, CHAPTERS, PARTS, OR SUBPARTS You can retrieve multiple sections or entire titles, chapters, parts, or subparts by using the Table of Contents Search feature. Select the check boxes next to the sections, titles, chapters, parts, or subparts you want to retrieve. Then do one of the following: • Click Retrieve and Print to print documents immediately after they are retrieved. • Click Search. The Table of Contents search page is displayed listing your selections. Click Search again to retrieve all the documents you selected. If you want to retrieve only those sections containing specific terms, type those terms in the text box before clicking Search again. Figure 2. USCA table of contents 2 Five Easy Ways to Retrieve Statutes WESTLAW QUICK REFERENCE GUIDE 4. Retrieve a statute using the Popular Name Table When you know the popular name of a state or federal act, you can use the Popular Name Table to retrieve the statutory sections under which the act is codified. The Popular Name Table is available for both state statutes and the USCA. After accessing a statutes database, e.g., USCA, click Pop. Name Table at the top of the Search page. Then browse the alphabetical list or use the Locate feature, when available, to search for the name of the act. To see the statutory sections under which an act is codified, click the act’s name or the citation next to the name. Figure 3. USCA Popular Name Table 5. Retrieve a statute using field restrictions Almost all documents on Westlaw are composed of several parts called fields. Rather than searching entire documents, you can restrict your search to one or more fields, which helps you retrieve statutes on point. The two most useful fields to search in statutes databases are the prelim (pr) and caption (ca) fields, which contain the major headings and a description for each section. For example, to retrieve statutes on copyright subject matter, you could type a Terms and Connectors query such as pr,ca(copyright & subject /5 matter). Other useful fields are the citation (ci) and the text (te) fields, as shown in Figure 4. Citation (ci) Prelim (pr) Caption (ca) Text (te) Figure 4. Useful fields in a statute Five Easy Ways to Retrieve Statutes 3 Checking your statute in KeyCite® KeyCite, West’s citation research service, allows you to track the history of a statute, which includes citations to cases affecting the validity of the section, recent session laws that amend or repeal the section, proposed legislation, bill drafts, reports and related materials, credits, and historical and statutory notes. To view the history of a retrieved statute, click History or a red or yellow KeyCite status flag, if available, in the left frame. Click Citing References to view citing references for the statute. KeyCite status flags A red flag indicates that the statute has been amended by a recent session law, repealed, superseded, or held unconstitutional or preempted in whole or in part. A yellow flag indicates that the statute has been renumbered or transferred by a recent session law; that an uncodified session law or proposed legislation affecting the statute is available (statutes merely referenced, i.e., mentioned, are not marked with a yellow flag); that the statute was limited on constitutional or preemption grounds or its validity was otherwise called into doubt; or that a prior version of the statute received negative treatment from a court. A green C indicates that the statute has citing references. Viewing related material When you retrieve a statute, the Links tab in the left frame displays links to additional information about the statute, as shown in Figure 5. These may include links to prior versions of the statute, a graphical display of statute history (Graphical Statutes®), and other materials, including the following: • The Cases section includes links to notes of decisions, other citing cases, and citing court documents when they are available for your statute. Notes of decisions, which are written by West attorney-editors, summarize points of law from cases that construe or apply the statute. • The Legislative History section focuses on the background and events leading to the enactment of a statute, including hearings, committee reports, and floor debates. • The Statutes section includes a link to one or more topical surveys, when available. Topical surveys allow you to easily determine how legislation on a given topic varies among states. Figure 5. Related materials for a statute Printed 4/09. Material #40872941. Replaces Material #40723182. © 2009 Thomson Reuters L-349069 The trademarks used herein are the trademarks of their respective owners. West trademarks are owned by West Publishing Corporation.

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