Online Legal Research with Fastcase®

Online Legal Research with Fastcase?

2010 Edition

RICHA SHYAM DASGUPTA

Director of Customer Outreach

CONTENTS

1| ELECTRONIC SEARCH BASICS 2| BOOLEAN SEARCHING 3| ORGANIZATION OF MATERIALS 4| COMPOSING SEARCHES 5| FASTCASE? RELEVANCE SCORE 6| INTEGRATED CITATION ANALYSIS 7| THE INTERACTIVE TIMELINE 8| DYNAMIC AND PERSONAL INTERFACE APPENDIX A| A LITTLE BIT ABOUT US APPENDIX B| SAMPLE RESEARCH EXERCISES

1| ELECTRONIC SEARCH BASICS

a. Contents and Structure

Electronic research resources can be structured in a number of ways--they vary from full text databases, to indexes, to something in between. Fastcase is a full text database enhanced with indexes in certain areas. Fastcase also has an important field searching capability--you can retrieve documents by citation using a Citation Lookup search. A Citation Lookup search is a field search of the citation field associated with a document.

b. Linguistic Challenges

One of the unique challenges of electronic research, particularly with respect to full texting searching, is that as a researcher, you are generally searching for a concept rather than a particular phrase or set of words. But full text searches are based on words, not concepts. As a result, it takes some practice--trial and error is best--to translate concepts into effective search terms. It helps to keep two specific issues in mind: synonymy and ambiguity.

Synonymy means that there are many words that can express the same concept. Thus, in order to craft a comprehensive search, take a moment to think about various ways to express the concept you are researching.

Ambiguity is the other side of the coin: any given set of words can also express more than one concept. There are a number of ways to deal with ambiguity in the research process. For example, try adding more search terms to eliminate false positives or irrelevant search results. There may also be other ways to narrow down results, for example by focusing on a particular jurisdiction or time period. Fastcase gives you powerful tools to sort and filter results in a number of ways including relevance, decision date, case name, jurisdiction, and court hierarchy.

c. Search Methods

There are two basic approaches to searching for electronic information: searching by subject or by keyword. One familiar example of a subject-based search is the traditional library card catalog. In the legal research arena, West Thompson's Key Number system is a commonly used subject-based search tool. When it comes to searching by keyword, it is not difficult to think of an example: Google's internet search made keyword searching a part of everyday life.

Subject Approach:

Subject-based searches rely on a top-down system of categorization. Someone (or something, like a software program) must define subject categories and decide how to organize data into those categories. This type of system has some clear advantages and disadvantages.

On the plus side, some important work has already been done for you. Someone has already digested the electronic data and organized it by subject. As a result you may be able to locate a resource quickly that would have been difficult to find any other way. For example, if you were

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searching a database of book titles for a novel set in Spain, you may very well find The Blind Man of Seville by Robert Wilson since the title contains a reference to the Spanish city of Seville. It is unlikely, however, that you will come across The Shadow of the Wind by Carlos Ruiz Zafn, set in Barcelona. In this example, a subject-based index would be helpful.

On the other hand, with subject-based searches, you are inherently relying on someone else's system of categorization. This introduces the possibility that there are errors in the way that the information has been categorized or that the system of categorization is counter to the way you would organize the same information in your own mind.

Keyword Approach:

Keyword searches work a bit differently. When you search by keyword, you are searching for any instance of a search term in the electronic data. Depending on the way the electronic data is indexed, this may mean that you can search for terms within certain fields such as title, subject, author, etc. or you may be able to search the entire text (or full text) of the electronic data.

Searching by keyword has the advantage of being both precise and flexible: you can search for all electronic data containing the term(s) that you specify and there is no need to rely on predetermined system of categorization. This advantage can also be seen as a disadvantage because it means you have to do a little more work. You must select keywords that accurately describe the concept or topic that you want to research. While selecting appropriate keywords is not difficult, it can take some practice.

Fastcase was designed using the latter-approach: keyword searching. On Fastcase, the full text of our case law, statutes, regulations, court rules, and constitutions are all fully searchable by keyword; these resources have not been assigned subject categories. You will find suggestions on how to construct effective keyword searches in Chapters 2 and 4.

2| BOOLEAN SEARCHING

By now most of us have experienced Boolean search logic in some form. Many online databases incorporate Boolean search logic, including traditional legal research services like LexisNexis and Westlaw. Fastcase supports Boolean search logic as well. The beauty of Boolean search logic is that it allows you to combine multiple search terms together in ways that can help you more precisely express the concept or the topic you wish to research.

a. Boolean Operators

Boolean search logic is accomplished using a series of symbols or operators. Fastcase's search protocol uses the six common Boolean operators described below:

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OPERATOR EXAMPLE

DESCRIPTION

AND, &

Copyright AND Preemption Results must contain both the words Copyright and Preemption

OR

Landlord OR Lessor

Results must contain either the word Landlord or

the word Lessor. (They may contain both words).

NOT

Vehicle NOT Car

Results must contain the word Vehicle but must not contain the word Car.

w/3, /3

Capital w/3 Punishment

Results must contain the word Capital within 3 words of the word Punishment. Any integer between 2 and 50 can be used with this operator.

*

Litig*

Results must contain some variation of the stem Litig such as Litigation, Litigated, Litigator, etc.

Felony Murder

Results must contain the precise phrase Felony Murder.

( )

(Security OR Pledge) AND Parentheses are used to define the order of

Assignment

operations when you use multiple Boolean

operators. This example search will yield results that

contain the word Assignment as well as either the

word Security or the word Pledge.

b. Plurals

Some search engines automatically search for both the singular and regular plural form of words when you enter the singular form. Fastcase automatically searches for regular plurals when you use natural language search (but not when you search by keyword).

c. Order of Operations

Every search engine has its own default order of operations, the order in which it processes a query with multiple Boolean operators if you do not explicitly set the order using parentheses. In the absence of parentheses, Fastcase will parse your search sequentially from left to right.

3| ORGANIZATION OF MATE RIALS

On Fastcase, documents are organized into five separate buckets according to the type of law. There is a bucket for case law, one for statutes, etc. Currently Fastcase contains the following 5 types of primary law documents:

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