1/6/2015 Introduction to Boolean Searching 2015 Step 0: Know your database Indexed databases • Search based on subject matter or concept • Like digest searches • Go to “Landlords” section, then look up case • Information already pre-sorted into categories • If information isn’t in the category, you would miss it Full-text databases • • • • • Search based on individual words Like a Google search Type in landlord User specifies search terms Search not limited to someone else’s categorization 1 1/6/2015 Yahoo search page circa 1998 Example of an indexed search database. Google search circa 2015 Example of a full-text database 2 1/6/2015 Before we get started Before we get started (part two) Know the scope of what you’re searching (the “corpus”) so you aren’t guessing what’s in the database. Case Law Federal and state case law back to 1950** Statutes U.S. Code & official state statutes for D.C. plus 46 states Other Regulations Links to state and federal administrative regulations and codes (some are searchable) Court Rules Links to state and federal courts rules (some are searchable) Constitutions Links to state and federal constitutions (a few are searchable) 3 1/6/2015 Two things to keep in mind Search process A good search is like a dance — general steps you follow with added flourish to impress people 4 1/6/2015 Getting started 5 1/6/2015 Fastcase Boolean operators Operator Example Description AND, & libel AND damages Results must contain both “libel” and “damages” OR premarital OR prenuptial Results must contain either “premarital” or “prenuptial” NOT negligence NOT criminal Results must contain “negligence” but not the word “criminal” w/3, /3 custody /15 interrogation Results must contain “custody” w/in 15 words of “interrogation.” *, ! testif* Results must contain some variation of the stem “testif ” such as testified, testify, testifying, etc. ? mari?uana Results must contain m-a-r-i-_-u-a-n-a with any letter substituted for the question mark “” “estate tax” Results must contain the exact phrase “estate tax” ( ) (confront OR cross-examine) Parentheses tells Fastcase to do the operations contained within it before doing things outside AND — right AND wrong Only returns cases at the intersection — ones containing both the words “right” and “wrong.” 6 1/6/2015 OR — car OR automobile Returns all cases around the perimeter of the two words — either those using the word “car” or the word “automobile.” NOT — speech NOT school Only returns cases mentioning “speech” without referencing the word “school.” 7 1/6/2015 speech NOT (school OR political) Only returns cases mentioning “speech,” but not mentioning “school” or “political.” speech AND public NOT (school OR political) The cases returned will use both the words “speech” and “public” but won’t use either the words “political” or “school.” 8 1/6/2015 Proximity or within — w/# or /# custody /5 interrogation — return cases where custody appears within 5 words of interrogation Sample matches: in-custody interrogation of a suspect . . . . (w/1 matches.) unless in-custody police interrogation is . . . . (w/2 matches.) interrogation while in custody may give . . . . (w/3 matches.) when in custody for purposes of interrogation . . . . (w/4 matches.) Exact match [quotes “ ”] — “marital privilege” The cases returned must use the exact phrase “marital privilege.” Not in results: “. . . the marital communications privilege may be waived . . . .” “. . . spouse may enjoy marital privileges from . . .” In results: “The marital privilege has been criticized by . . . .” 9 1/6/2015 Root expander (*, !) — mar* Return cases with at least one word that begins with “mar.” • Pros: • Useful for plurals, different tenses, gerunds, etc. • Cons: • Can slow down search times – if you just want to search plurals, OR is faster • Can be over-inclusive — see, e.g., maritime in this search. Single letter wildcard — ? myr??d myriad myr??d— return all cases with either spelling (correct or wrong) of myriad myraid 10 1/6/2015 “Quotation marks” “communications privilege” — returns only cases with that exact phrase Sample matches: . . . that the communications privilege encompassed within the same statute precludes . . . . . . . marital communications privilege is not applicable here because Mr. and Mrs. Irons were estranged at the time of the conversations. Not in search results: Defendant erroneously filed two notices of appeal with . . . . Parentheses — () Consider the following search: car OR vehicle AND getaway 11 1/6/2015 car OR vehicle AND getaway What Fastcase actually sees: (vehicle AND getaway) OR car Subtle but important distinction Correct: Incorrect: (car OR vehicle) AND getaway car OR (vehicle AND getaway) 12 1/6/2015 Advanced Order of Operations Consider the following searches: 1 2 3 4 A: Rule* /5 “803(5)” AND knowledge OR recall NOT memory 3 4 2 1 B: knowledge OR recall NOT memory AND Rule* /5 “803(5)” C: Rule* /5 “803(5)” AND (knowledge OR recall) NOT memory 2 3 1 4 A (wrong): 157,342 results; B (wrong): 1,038,488 results; C (right): 99 results 13 1/6/2015 Concept Keyword and operator Testimonial privilege Communications privilege Compelled testimony (testimon* or marital) /3 privileg* AND Spouse (compel* or requir*) /5 testif* AND (spous* or husband or wife) Criminal trial NOT civil 14 1/6/2015 (testimon* or marital) /3 privileg* AND (compel* or requir*) /5 testif* AND (spous* or husband or wife) NOT civil First Search Second Search (testimon* or marital) /3 privileg* AND (testimon* or marital) /3 privileg* /15 (spous* or husband or wife) (compel* or requir*) /5 testif* AND (spous* or husband or wife) AND (compel* or requir* or forc*) /5 testif* NOT civil NOT (civil or “attorney /2 privileg*) 15 1/6/2015 16 1/6/2015 17 1/6/2015 Use Forecite to enhance your results Forecite: Fastcase has identified 3 additional decisions that may be relevant to your research topic, but do not contain one or more of your search terms. 18 1/6/2015 19 1/6/2015 Customer Support Available 8 am - 8 pm Eastern, Monday through Friday (excluding holidays) CALL EMAIL LIVE CHAT 1-866-773-2782 support@fastcase.com Help Live Help Resources: CLE: 4Additional weeks.Training No need to email. 20