Westlaw Part 2

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Quick & Dirty
Westlaw
For Legal Research
for Paralegals
Part Two
Part Two:
Research!!!
OUR EXAMPLE
 ISSUE: May a prayer or benediction
be given at a school graduation?
 NOW WHAT?
TWO SEARCH OPTIONS
1) NATURAL LANGUAGE:
 Throw a bunch of words together,
 choose a database, and
 see what happens!
2) TERMS AND CONNECTORS:
 Find terms
 Connect them
 Choose a database
Terms &
Connectors
Creating a Terms
and Connectors
Search
Creating a
Terms and Connectors Search
 THE FORM: The Westlaw Search Form
takes you step-by-step through the
process of creating a search on Westlaw.
Steps in
Constructing a
Search:
ITAC Method
Steps in Constructing a Search:
ITAC Method
 Issue,
 Terms,
 Alternatives,
 Connectors
ITAC Method
(Issue, Terms, Alternatives, Connectors)
 Clearly state the ISSUE, using legal
terminology when possible.
 Stating your issue as a question is a good
way to clarify your thoughts.
 Is a social host liable for injuries caused by his
intoxicated guests?
ITAC Method
(Issue, Terms, Alternatives, Connectors)
 Select a few key TERMS from your issue.
 Using three to five key terms works well
for most issues
 host injury intoxicated guest
 or
 host intoxicated guest
ITAC Method
(Issue, Terms, Alternatives, Connectors)
 Enter reasonable Alternative terms for your
key terms.
 Use acronyms and antonyms as well as
synonyms.
ITAC Method
(Issue, Terms, Alternatives, Connectors)
 A term that may seem to have little relationship
to a key term may be a reasonable alternative.
The host of a party could be a corporation, an
association, or a club.
host
hostess
corporation
association
club
intoxicated
drunk
D.U.I.
D.W.I.
sober
guest
attendee
invitee
ITAC Method
(Issue, Terms, Alternatives, Connectors)
 Add appropriate Connectors to specify the
relationship you want each term and its
alternatives to have to the other terms and
their alternatives.
 host hostess /p intoxicated or drunk or
alcohol /s guest
Steps in Constructing a
Terms and Connectors Search
1)
Issue is defined in legal terminology
2)
Terms that are essential are selected
3)
Alternative terms that are reasonable
are selected
4)
Connectors that connect the terms in
reasonable relationships are added
StepBy-Step
Step One: Issue
The Issue
Statement
STEP ONE
1. Define your issue carefully.
a) State it precisely in one sentence.
b) Avoid being narrower or broader than is
necessary.
STEP ONE
1. Define your issue carefully.
 EXAMPLE: you are seeking cases on
prayer at public school graduations
i. TOO BROAD: “when is religion
permitted in public schools”
ii. TOO NARROW: “may a student say
the Lord’s Prayer at a public school
graduation”
Step Two: Terms
Finding
Key Terms
STEP TWO
2. Circle the key terms in your issue
statement.
a) Key terms are words most closely related
to your issue.
b) Exclude words so common that they are
likely to turn up in many documents
unrelated to your issue.
c) ISSUE: May a prayer or benediction be
given at a school graduation?
 FIND TERMS: May a prayer or
benediction be given at a school
graduation?
 ELIMINATE COMMON: May a prayer or
benediction be given at a school
graduation?
 WHAT YOU ARE LEFT WITH: prayer or
benediction, school, graduation
 WHAT YOU ARE LEFT WITH:
 prayer or benediction,
 school,
 graduation
Step Three:
Alternative Terms
Step Three
 Consider whether alternative terms might
appear in a relevant document.
 For example, if your issue involves an
attorney, likely alternatives would be
lawyer or counsel
 Consider synonyms (car/automobile) and
antonyms (admissible/inadmissible).
Step Three
 Consider whether alternative terms might
appear in a relevant document.
 Consider also broader or narrower or
related terms
(car/vehicle/truck/motorcycle...).
Step Three: Our Example
 List the alternatives to your key terms in the
columns below each key term.
 OUR EXAMPLE:
 prayer or benediction or invocation
 school
 Graduation or commencement
Expanders
(Wildcards):
Making the Most
of Terms
Expanders:
Making the
Most of
Terms
The Root Expander (!)
 The root expander (!) retrieves all extensions
of words with variant endings (up to 16
characters).
 Drunk!
 Retrieves
 drunk,
 drunken, and
 drunkard.
The Root Expander (!)
 Be careful not to truncate your root term too
severely.
 Depo! Retrieves not only forms of
deposition,
 but also
 deposit,
 depositor,
 deposited,
 deport,
Expanders:
Making the
Most of
Terms
The Universal Character (*)
 The Universal Character (*) is used in place of
a letter (like a wild card or a blank tile in
Scrabble).
 dr*nk retrieves
 drank,
 drink, and
 drunk.
 EXCEPTION: The universal character cannot
be used in place of the first letter of a word.
The Universal Character (*)
 The universal characters can be used at the
end of a term to specify how many letters may
be added.
 Example: object** would retrieve
 object,
 objects and
 objected
 but not objective.
Expanders: Making the Most of Terms
 More than one expander can be used in a
term.
 s****holder retrieves both shareholder and
stockholder.
 dr*nk! Retrieves
 drank,
 drink,
 Drunk
 PLUS
Expanders: Making the Most of Terms
 dr*nk! Retrieves also
 drinkable,
 drinking,
 drunken, and
 drunkard.
Terms: Automatic Enhancements
 The singular form of a word automatically
retrieves the plural and possessive forms of
the word, including irregular forms.
 Woman retrieves
 Women (plural),
 woman’s (possessive) and
 women’s (plural possessive)
Terms: Automatic Enhancements
 The plural or possessive, however, will not
retrieve the singular.
 women or woman’s will not retrieve
woman.
 RULE: Use the singular form of a word unless
you have a good reason not to.
Terms: Automatic Enhancements
 Numbers:
 Search term 415
 retrieves
 415.5, 415(b),
 415(b)(1)(A).
Terms: Automatic Enhancements
 USE OF NUMBERS
 RULE: This is helpful when you are
looking for mention of a statute that may or
may not be cited as a particular paragraph
or section.
Terms: Automatic Equivalencies
 Most accepted variations of the spelling of a
term will retrieve other accepted variations:
 Judgment = Judgement
Terms: Automatic Equivalencies
 Automatic equivalencies are built into Westlaw.
 Three = 3
 First = 1st
 New York = NY
 Avenue = Ave.
Terms: Other Enhancements
 Hyphenate compound words in your search.
 A hyphenated term will retrieve the term
whether it is one word, two words, or a
hyphenated word.
 good-will retrieves
 good will,
 good-will, or
 goodwill.
Terms: Other Enhancements
 RULE: If you have any question whether a
word might or might not be hyphenated, add
the hyphen.
Terms: Other Enhancements
 Use periods between the letters an acronym to
retrieve all variations of the acronym.
 Periods between letters
 Spaces between letters
 Periods and spaces between the letters
 No period or spaces between letters
Terms: Other Enhancements
 E.P.A. retrieves
 E.P.A,
 E P A,
 E. P. A., and
 EPA
Wildcards in Review
 Use truncation (!) or the universal character (*)
to account for variations of key terms.
 EXAMPLES:
 discrim! retrieves discriminate,
discriminating, discriminated....
 kn*w retrieves know or knew.
 test*** retrieves test, tested, testing,
testify... but not testimony or testamentary
BACK TO OUR
EXAMPLE
OUR EXAMPLE
 Use truncation (!) or the universal character (*)
to account for variations of key terms.
 OUR EXAMPLE:
 prayer (or pray or praying) or
benediction or invocation BECOMES
pray! or benediction or invocation
 school
 Graduation (or graduating or
graduate) BECOMES Graduat! or
commencement
Step Four:
Connectors
STEP FOUR
 Use connectors to specify the relationship
between key terms.
Primer on
Connectors
CONNECTORS
 Connectors are the way to glue different terms
together
 All the connectors are either a form of OR or
AND
 OR
 AND
•
•
•
•
&
/s
/p
/n
OR
“OR”
 USE: A space
 EXAMPLE: car automobile vehicle
 Means: Find a document that has
the terms car OR automobile OR
vehicle in it.
AND
“AND”
 USE: &
 EXAMPLE: narcotic & warrant
 MEANS: Find a document that has
the terms narcotic AND warrant in it
More “And”
Connectors
MORE “AND” CONNECTORS
TERMS IN THE SAME PARAGRAPH
 USE: /p
 EXAMPLE: hearsay /p utterance
 MEANS: Find a document with
with hearsay IN THE SAME
PARAGRAPH as utterance
MORE “AND” CONNECTORS
TERMS WITHIN THE SAME SENTENCE
 USE: /s
 EXAMPLE: warrant /s arrest
 Arrest warrant
 Warrant of arrest
 Court issued a warrant for his arrest.
NUMERICAL CONNECTORS
/n
 Search terms within n terms of each
other (where n is a number from 1-255):
 Queens /2 county
 Queens County
 County of Queens
CONNECTORS IN BRIEF
RULE: All connectors are either OR or AND
 OR:
 OR
 AND:
 &, /p, /s, /n
 The difference with the different ands is
how much control you want to use
More…
MORE
EXACT PHRASE
 USE: “[Insert phrase]”
 EXAMPLE: “Rule against Perpetuity”
Using Connectors
Effectively
Effectively Using Connectors
 HOW TO EFFECTIVELY USE CONNECTORS
 Use the [or] connector between
alternative.
 Use the & connector or its variant forms: /p
or /s or /#, (where # is a number, e.g., /2)
between your groups of ␣␣ ␣ key terms.
When in doubt, start with a grammatical
connector (/p or /s).
Effectively Using Connectors
 HOW TO EFFECTIVELY USE CONNECTORS
 Westlaw processes connectors in this
order:
 Or, /n, /s, /p, &
Filing Out
The Form
Setting Up The Form
 Write these key terms in the Terms boxes at the
top of the Westlaw Search Form.
a. If two or more key terms both relate to
only one aspect of issue, list them
vertically, as alternatives.
b. EXAMPLE TERMS:
i.
prayer or benediction
ii. school
iii. graduation
FILLING OUT THE FORM
INSERT THE TERMS HERE
FILLING OUT THE FORM
CHECK THE
CONNECTORS
BACK TO EXAMPLE
 ISSUE: May a prayer or benediction be given
at a school graduation?
 TERMS:
i.
Pray! or benediction or invocation
ii. school
iii. Graduat! or commencement
BACK TO EXAMPLE
Alternatives
Terms
Pray!
/p
or
benediction
school
/p
Graduat!
or
commencement
or
invocation
SEARCH
QUERY
Pray! Benediction invocation /p
school /p graduat! commencement
Last Step:
Choosing
Databases
DATABASES
 Now that you have determined the TERMS AND
CONNECTORS and have a search query, the
question is: Where do you look?
 In Westlaw, you need to search in databases.
 Databases are various groupings of documents
 EXAMPLES:
 New York Statutes
 US Supreme Court Decision
 You get to choose where Westlaw looks
DATABASES
WHAT YOU WANT
DATABASE
New York Cases
New York Cases
New York Statutes
New York Statutes
Annotated
US Supreme Court
Decisions
Search for Database
SCT
Corpus Juris Secundum
Search for Database
CJS
NOT
THERE?
Not Sure How To Do It?
 1-800-WESTLAW
 1-800-937-8529
BONUS
Reading Siegel’s
New York
Practice on
Westlaw
Type “Siegel”
Type “Siegel”
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