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Law

Tips, Tricks and Time-Saving Tools

When you use phrase searching, you instruct the database or search engine to locate a specific group of words in that exact sequence. This is especially valuable when:

  • You're looking for a specific legal term or concept: Searching for "duty of care" will find information specifically about that legal principle, not just articles that mention the words "duty" and "care" separately.
  • You want to find a particular case name: Searching for "Donoghue v Stevenson" will retrieve information about that landmark case, not just articles that mention the parties' names individually.
  • The order of the words is significant: Searching for "mens rea" will find information about criminal intent, not just any mention of the words "mens" and "rea" separately.

How to Use Phrase Searching in Legal Research:

Simply enclose the phrase you're looking for in quotation marks. Most legal databases (like Westlaw and Lexis recognise quotation marks as a signal for phrase searching.

  • Example: "unfair dismissal"
  • Example: "judicial review"

Why Phrase Searching is Crucial for Law Students:

  • Precision: It helps you find the exact legal information you need, not just vaguely related content.
  • Relevance: It ensures that the results you get are focused on your specific legal topic, not just general mentions of the words you're searching for.
  • Efficiency: It saves you valuable time by filtering out irrelevant results, allowing you to focus on the most pertinent information for your research or legal analysis.

Remember:

  • Don't use quotation marks around excessively long phrases: If your phrase is too long, you might not find any matches.
  • Combine phrase searching with other search techniques: You can use phrase searching in conjunction with other tools like Boolean operators (AND, OR, NOT) and filters (jurisdiction, date) to refine your search even further.

Proximity searching allows you to find words or phrases that appear near each other in a document, even if they're not directly adjacent. This is useful when:

  • The order of the words is flexible: You might remember two legal concepts being discussed in a case, but not the exact phrase. For example, searching for "negligence" w/5 "duty of care" would find documents where those terms appear within five words of each other, in any order.
  • You want to find linked legal ideas: You might want to find documents where two legal concepts are discussed in close proximity, indicating a potential relationship or impact on each other. For example, searching for "human rights" w/10 "discrimination" could find cases exploring the intersection of human rights law and discrimination law.
  • You're unsure of the exact legal terminology: Maybe you recall a general idea from a legal article but not the precise wording. Proximity searching can help you locate it even if you don't remember the exact phrase.

How to Use Proximity Searching in Legal Research:

Different databases use varying symbols and syntax for proximity searching. Westlaw and Lexis both use the "w/" operator, followed by a number specifying the maximum distance between the terms. Other databases use N/ or NEAR/.

  • Example: "contract" w/15 "frustration"
  • Example: "murder" w/8 "mens rea"

You can also specific whether the words appear in the same sentence or parapraph:

  • Example: ("corporate governance" OR "board of directors") /s (diversity OR inclusion) will look for these terms within the same sentence.
  • Example: ("environmental impact" OR "sustainability") /p ("supply chain" OR "manufacturing") will look for these terms within the same paragraph.

Why Proximity Searching is Valuable for Law Students:

  • Flexibility: It offers more freedom than phrase searching, which requires exact word order, accommodating variations in how legal concepts are expressed.
  • Relevance: It can help you find documents where legal ideas are closely related, even if they're not expressed in the exact same way.
  • Discovery: It can help you uncover valuable information that might have otherwise remained hidden with a more rigid search, leading to deeper insights and a broader understanding of complex legal issues.

Remember:

  • Check the database's help guide: Different databases might have different rules for proximity searching, so be sure to check the specific syntax and operators they use. Library Search uses NEAR/ instead of w/, and does not support sentence (/s) or paragraph (/p) searching.
  • Experiment with different distances: The optimal distance between terms can vary depending on the context. Try different numbers after the "w/" operator to see what works best for your search.

Wildcards are special characters that substitute for unknown or multiple letters, enabling you to broaden your search and uncover variations of words, leading to valuable legal insights.

The Exclamation Point (!):

  • Replaces zero or more characters.
  • Ideal for finding different word endings, plurals, or variations of a word stem.
  • Example: Searching for "defen!" could find:
    • defence
    • defendant
    • defendants
    • defended

The Asterisk (*):

  • Replaces a single character.
  • Useful for alternative spellings or when you're unsure of the exact spelling.
  • Example: Searching for "judgm*nt" could find:
    • judgment (American spelling)
    • judgement (British spelling)

The Hashtag (#):

  • Use before a word to search for that term exactly as you entered it.
  • Allows you to be precise about your terminology.
  • Example: #damage will find that but not "damages" or "damaged"

How Wildcards Enhance Your Legal Research:

  • Capture All the Variations: Instead of typing every possible ending or variation of a word, use a wildcard to find them all in one go. This saves you time and ensures you don't miss any relevant case law, legislation, or legal commentary.
  • Account for Legal Jargon and Abbreviations: Legal terminology can be complex and vary across jurisdictions. Wildcards help you find all the relevant terms, even if you're unsure of the exact wording or abbreviation.
  • Find What You Don't Know: If you're unsure of the exact spelling of a legal term or case name, wildcards can help you fill in the gaps and discover the correct information.

Important Note:

Each database might have its own rules for wildcards. Some databases might use different symbols or have restrictions on how many wildcards you can use in a search. Always check the database's help section for specific instructions. Westlaw and Lexis both support the use of asterisks (*), question marks (?) and exclamation points (!) as wildcards.

Warning: Other databases use the same wildcards for different things. In Library Search and many other databases, you need to use the asterisk instead of the exclamation point, and a question mark instead of an asterisk!

 

Boolean operators are simple words (AND, OR, NOT) that help you combine or exclude search terms, making your legal research more precise and focused on the most relevant legal information.

AND: Narrows your search. Like saying "I want cases that involve negligence AND duty of care AND causation." All conditions must be true.

OR: Broadens your search. Like saying "I want cases that deal with contract formation OR breach of contract OR remedies." At least one condition must be true.

NOT: Excludes terms. Like saying "I want cases about criminal law, but NOT those involving white-collar crime." This eliminates certain cases from your search results.

Why Use Boolean Operators in Legal Research?

  • Find exactly what you need: By combining terms in specific ways, you can zero in on the most relevant legal information, like specific case law, legislation, or legal commentary on a narrow topic.
  • Save time: Avoid wasting time sifting through irrelevant results by using Boolean operators to filter out unwanted information.
  • Get more accurate results: Be specific with your search terms and combinations to get the most precise answers to your legal questions.

Examples in Legal Research:

  • AND: "human rights" AND "discrimination" AND "employment" (Find cases about discrimination in employment related to human rights)
  • OR: "murder" OR "manslaughter" OR "homicide" (Find cases about any of these offences)
  • NOT: "divorce" NOT "child custody" (Find cases about divorce that do not involve child custody issues)

Parentheses (or brackets) act like guideposts, instructing the search engine on how to group your search terms and in what order to process them, ensuring you get the most relevant legal results.

Here's why parentheses/brackets are essential for effective legal research:

Controlling the Search Engine's Logic:

Search engines have a default order for processing search terms (typically AND first, then OR). Parentheses allow you to override that order and prioritise certain terms or combinations, just like a judge prioritising legal principles in a case.

  • Example: Searching for (murder OR homicide) AND ("mens rea" OR intention) will find documents about murder or homicide specifically related to the concept of mens rea (criminal intent). Without the parentheses, the search engine might find documents about murder or homicide in general, and then either mens rea or intention separately.

Grouping Similar Legal Concepts:

By using parentheses with the OR operator, you can group together synonyms or related legal terms to broaden your search and ensure you capture all relevant information.

Example: Searching for (tort OR "civil wrong") AND (negligence OR "duty of care") will find documents related to torts and negligence, ensuring you don't miss any relevant cases or commentary.

Building Complex Legal Queries:

Parentheses help clarify the meaning of complex searches that combine multiple operators and terms, like constructing a multifaceted legal argument.

  • Example: Searching for ("human rights" OR "European Convention on Human Rights") AND (discrimination OR "freedom of expression") will find documents about human rights and discrimination or freedom of expression, ensuring you get results relevant to both concepts.

In Summary:

Parentheses act like punctuation in a legal sentence, guiding the search engine to understand your intended meaning and deliver the most relevant results for your legal research. By using them effectively, you can:

  • Control the logic of your search, ensuring the search engine processes your terms in the order you intend.
  • Group related legal terms to broaden your search and capture all relevant information.
  • Construct complex legal queries that accurately reflect your research question or information needs.

("contract law" OR "consumer rights") AND ("online retail" OR "e-commerce") NEAR/5 (dispute* OR litigat*) NOT ("arbitration" OR "mediation")

Explanation:

Phrase Searching:

  • "contract law": Searches for this exact term.
  • "consumer rights": Searches for this exact phrase.
  • "online retail": Searches for this exact phrase.
  • "e-commerce": Searches for this exact term.

Boolean Operators:

  • OR: Broadens the search to include either "contract law" or "consumer rights," and either "online retail" or "e-commerce."
  • AND: Narrows the search to include only results that contain both a legal term (contract law or consumer rights) AND a commercial term (online retail or e-commerce).
  • NOT: Excludes results that contain the terms "arbitration" or "mediation," focusing on disputes resolved through litigation.

Wildcard:

  • The asterisk wildcard is used within "dispute" and "litigat*" to account for variations such as "disputes," "disputing," "litigation," "litigate," etc.

Proximity Searching:

  • NEAR/5: Ensures that the terms on either side of this operator appear within five words of each other in the text. This links the legal terms to the commercial terms and the dispute/litigation terms, ensuring the results discuss their relationship.

What this search will find:

This search will uncover cases, legal articles, or other documents that discuss disputes and litigation related to contract law or consumer rights issues in the context of online retail or e-commerce. It specifically excludes documents that primarily focus on alternative dispute resolution methods like arbitration or mediation, highlighting cases that have gone through the court system.

Key Points:

  • This search is tailored to law students interested in contract law, consumer rights, and the legal aspects of e-commerce.
  • It prioritises relevance by ensuring that the key concepts are closely linked within the text.
  • It avoids unwanted results by excluding the terms "arbitration" and "mediation," focusing on litigation.
  • It accounts for variations in legal terminology through the use of wildcards.

Additional Notes:

  • You can adjust the proximity distance (NEAR/5) based on your specific needs and the database you're using.
  • This search can be further refined by adding more specific terms or using other Boolean operators (e.g., adding specific types of contracts or consumer rights issues).
  • Always consult the specific database's help guide to confirm the correct syntax for wildcards and proximity operators.