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WEek 2 2010.ppt - De Anza College

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WEek 2 2010.ppt - De Anza College Powered By Docstoc
					          Agenda—Week 2
• Finding Codes
  – By Citation: Find by Citation/ Template
  – Index
  – Popular Name
  – TOC
• Full Text Searching: Terms &
  Connectors/Natural Language
     Westlaw—Statutory Law
• Find by citation
  – Templates
• Index
• Table of contents
• Full Text
  – Field searching
                Citing Codes
                 California
Cal. Bus. & Prof. Code § 1670 (Deering
 1995 & Supp. 2010)
Cal. Bus. & Prof. Code § 1670 (Deering,
 LEXIS through 1995 Sess.)

Cal. Bus. & Prof. Code § 1670 (West 1995 &
 Supp. 2010)
Cal. Bus. & Prof. Code § 1670 (West,
 Westlaw through 1995 Act 26)
   Citing Codes—U.S. Codes
• 18 U.S.C. § 242
• 18 U.S.C.A. § 242 (West, Westlaw
  through…..)
• 18 U.S.C.S. § 242 (Lexis ……)
• Title 18 of United States Code section 242
• USCA—United States Code Annotated
• USCS—United States Code Service
    5 Easy Ways to Retrieve Statutes
•   Using a citation
•   Using an Index
•   Browsing a Table of Contents
•   Popular Names Table
            Citation--Templates
• To Find a template, type the following in
  citation search box:
     •   U.S. Code = usca
     •   Code of Fed. Regs = cfr
     •   Federal Rules -= us rules
     •   California Codes = ca st
     •   Cal. Rules of Ct. = ca rules
                Let’s Try it
• Citation
  – California Penal Code 187
  – California Rules of Court, rule 2.100
  – 18 U.S.C. 242
  – Federal Rules of Civil Procedure, rule 26
           Searching Codes
• Index (federal)
  – Bankruptcy exemptions
• Index (state)
  – health studio contracts


• TOC
  – Information about child custody in California
               Hypothetical
• Shoplifter takes an I-Phone from an Apple Store
  located in a shopping mall. Sales clerk sees him
  do this and yells to a security guard to stop the
  Shoplifter. Security Guard tells Shoplifter to
  stop. Shoplifter pulls out a gun, points it at
  Security Guard and tells Security Guard to leave
  him alone, or he will shoot.
• Shoplifter is eventually apprehended by police.
  Did he commit a robbery?
 Approaching Statutory Research
             Online
• If you have the citation—use Find & Print
  or Get a Document
• If you have the popular name—use the
  table
• Topic
  – Index
  – Table of Content
  – Secondary Source
  – Full text search (use fields or sections)
  Terms and Connectors
Searching on Westlaw® and
         Lexis®...

  ...is based on Boolean logic
 developed from the theories of
  19th century mathematician
George Boole. You’ll often hear a
 Terms and Connectors search
    called a Boolean search.
     The Searcher’s Quandry
• Relevancy vs. Precision
• You want to retrieve every relevant
  document
• You want no irrelevant documents in your
  search results
• With professional searching, you will err
  on the side of relevancy
              HYPOTHETICAL
For our purposes let’s assume you want to retrieve all
  cases in a database that address the following

Jones held a St. Patrick’s Day party at his house and
  invited several friends. One of his friends, Tom, drank
  too much green beer before leaving the party.
  Unfortunately he drove. On his way home, Tom hit
  another vehicle injuring the driver. Even more
  unfortunate—Tom had no auto insurance. Victim wants
  to sue Jones.
 Steps in Constructing a Search:
          ITAC Method
 (Issue, Terms, Alternatives, Connectors)


1. Clearly state the ISSUE, using
  legal terminology when possible.


(Stating your issue as a question is a
  good way to clarify your thoughts.)
                   Issue
Is a social host liable for injuries caused by
            his intoxicated guests?
     Steps in Constructing a Search:
              ITAC Method
Identify 3-5 concepts/terms in your issue

List synonyms
                       Terms
        host           intoxicated         guest
        hostess        drunk
                       alcohol

•   Get into the habit of placing your key words in a
    horizontal line in your mind, if not actually on paper.

•   Under each key word add any word that is a reasonable
    alternative.

•   You can probably think of additional alternatives for the
    exercise but right now, let’s keep this exercise simple.
     Steps in Constructing a Search:
              ITAC Method

3. Enter reasonable ALTERNATIVE terms for
               your key terms.

 (Use acronyms and antonyms as well as synonyms.)

• 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           intoxicated    guest
        hostess        drunk          attendee
        corporation     D.U.I         invitee
        association    D.W.I.
        club           sober
     Steps in Constructing a Search:
              ITAC Method



4. Add appropriate CONNECTORS to specify
   the relationship you want each term and its
   alternatives to have to the other terms and
 their alternatives. Remember you can control
    the order of processing through the use of
                   parentheses.
               Connectors
 (host or hostess) /p (intoxicated or drunk or
               alcohol) /s guest
• And
• Or (also space)
• /p /s /#
• “xxx”
         Universal Characters
! Root expander
  liab! = liable, liability,

• Universal character
   – Wom*n = women, woman
      Using Parentheses (Nesting)

• Terms within parentheses are processed first
  as a unit that can change the order of
  processing.
   – dog /5 (yard /s bit!)
       • First Westlaw looks for yard in the same
         sentence as bit!.
       • Then that unit is found within five terms
         of dog.
• Useful when searching for alternative phrases
   – “products liability” or (defect! /3 design!)
     /s windshield
• Useful when searching for multiple citations
   – (15 +5 1311) (42 +5 1985)
          Natural Language
• Major terms, phrases etc.

• Retrieve top 100 hits in order of relevancy
               Westlaw
• Read Material from Westlaw posted on
  Web site
                Key Cite
• Signals
• From Case/Code
• Directly from tabs

				
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