Introduction to Legal Research Techniques and Keywords
This lesson introduces the fundamentals of legal research, focusing on how to effectively formulate search queries. You will learn how to identify relevant keywords and use Boolean operators to refine your searches and find the precise information you need.
Learning Objectives
- Identify key terms and concepts related to a legal issue.
- Develop effective search queries using keywords and phrases.
- Understand the purpose and application of Boolean search operators (AND, OR, NOT).
- Apply Boolean operators to refine search results and increase relevance.
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Lesson Content
Introduction to Legal Research
Legal research is the process of finding and analyzing legal authorities to support a legal argument or answer a legal question. It's a critical skill for paralegals. This involves accessing and interpreting legal information from various sources like case law, statutes, regulations, and secondary sources. At its core, legal research is about asking the right questions and knowing where to look for the answers. This is done by formulating effective search terms. Consider this question: "Is a store liable when a customer is injured due to a spill?" This is the essence of what legal research sets out to solve. But how does one find the answer?
Identifying Keywords and Phrases
The first step in any legal research project is to identify the core issue and break it down into keywords and phrases. These will be your search terms. Consider our example question again: "Is a store liable when a customer is injured due to a spill?" Breaking it down, we can find these keywords: 'store', 'liability', 'customer', 'injury', 'spill', 'premises liability', 'negligence'. Think about synonyms too. For example, 'injury' might also be 'harm' or 'damage'. The more you identify, the more efficient your search will be. Don't be afraid to try different combinations of keywords and synonyms.
Introduction to Boolean Operators
Boolean operators are like powerful tools that let you refine your searches. They help you specify the relationships between your keywords. The three core operators are:
- AND: Requires both terms to be present in the results. Example:
store AND liability– this will only return documents that contain both 'store' AND 'liability'. This narrows the search. - OR: Finds results containing either term. Example:
spill OR slippery– this broadens the search to include documents that mention either 'spill' OR 'slippery' or both. - NOT: Excludes results containing a specific term. Example:
customer NOT employee– this will find documents that mention 'customer' but not 'employee'. This can exclude irrelevant information.
Learning to master these operators is key to effective legal research.
Putting it all Together: Creating Search Queries
Now, let's combine keywords and Boolean operators to create effective search queries. Back to our example: "Is a store liable when a customer is injured due to a spill?" Here are some search queries you could try:
store AND liability AND (spill OR slippery)- This searches for documents that contain both 'store' and 'liability', AND either 'spill' OR 'slippery'.premises liability AND store AND customer AND injury- This focuses on premises liability cases, and seeks to find information that combines all those terms.
Experiment with different combinations and phrases. The goal is to find the most relevant information efficiently.
Deep Dive
Explore advanced insights, examples, and bonus exercises to deepen understanding.
Litigation Paralegal: Legal Research & Analysis - Extended Learning
Recap: Legal Research Fundamentals
So far, you've learned to identify keywords and use Boolean operators. Great work! Remember, legal research is iterative. Your search queries will likely evolve as you uncover new information. This extended lesson takes you further down the rabbit hole.
Deep Dive: Beyond the Basics - Expanding Your Research Toolkit
Let's delve deeper into refining your research techniques. We'll explore techniques to optimize your search for more efficient legal research.
- Truncation and Wildcards: Learn how to broaden your search by using truncation symbols (e.g., * for multiple characters, ? for a single character). For example, "negligen*" will find "negligence," "negligent," and "negligently." Wildcards are useful when you aren't sure of the exact spelling or variations of a word.
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Proximity Operators: These operators refine searches by specifying how close words must be to each other. They’re great for finding phrases and relationships between terms. Common examples include:
/n(within N words of each other)/p(within the same paragraph)/s(within the same sentence)
- Using Parentheses and Nesting: Complex legal issues often involve multiple concepts. Use parentheses to group related terms and nest Boolean operators for more precise results. This allows you to create highly complex queries. Example: ( "premises liability" OR "slip and fall" ) AND ( "duty of care" AND "injury" )
Bonus Exercises
Exercise 1: Truncation and Wildcards
Imagine you are researching intellectual property disputes. Formulate a search query using truncation to find cases related to copyright infringement and variations of the term "infringe."
Hint: Consider using * to represent zero or more characters.
Exercise 2: Proximity Operators
You are investigating a product liability case. Create a search query using a proximity operator to find instances where "manufacturer" and "defect" appear within the same sentence.
Hint: Think about the /s operator.
Real-World Connections
These techniques are invaluable in real-world legal scenarios:
- Case Analysis: Efficiently identifying relevant case law related to a specific factual scenario.
- Statutory Interpretation: Locating relevant statutes and regulations, and understanding how they've been interpreted by courts.
- Legal Memo Writing: Gathering the necessary information to support your legal arguments and research legal precedent.
Challenge Yourself
Craft a complex search query using parentheses, Boolean operators, and at least one proximity operator to research the following: A plaintiff is suing a defendant for negligence in a car accident. The plaintiff claims that the defendant was speeding, and this caused the accident. You want to research precedent related to speeding and negligence in car accidents.
Further Learning
Explore these topics to continue honing your legal research skills:
- Legal Research Platforms: Familiarize yourself with Westlaw, LexisNexis, and other legal research databases, their specific search functionalities, and their unique features.
- Shepardizing and Keyciting: Learn how to use these tools to check the validity of legal precedent and find cases that have cited or discussed your target cases.
- Secondary Sources: Explore the use of legal encyclopedias, law review articles, and treatises to gain background knowledge and identify relevant primary sources.
Interactive Exercises
Keyword Brainstorm
Imagine you need to research the legal issue of 'defamation'. Brainstorm at least 5 keywords or phrases related to this topic. Include synonyms where appropriate. Then, define each word and make sure you understand it.
Boolean Operator Practice
For each of the following scenarios, formulate a search query using keywords and Boolean operators: 1. You want to find cases about a car accident caused by distracted driving but do NOT want any results related to cell phones. 2. You need information about the laws regarding breach of contract OR fraud. 3. You're researching a case involving a dog bite and are focusing on local ordinances.
Search Query Refinement
Take one of the search queries you created in the previous exercise and experiment with different variations. For example, try adding another keyword or changing the Boolean operators. How does each change affect your search results? Keep your notes and compare. Reflect on how your searching improved after those changes.
Practical Application
Imagine you are a paralegal tasked with researching a car accident case. The client alleges the other driver was texting while driving. Your first task is to draft a search query to research state laws regarding distracted driving and liability. Include keywords, synonyms, and Boolean operators, and explain why you chose these terms. Then, explain which search platforms you would use to make this search.
Key Takeaways
Legal research requires breaking down a legal issue into key concepts and terms.
Keywords and phrases are the building blocks of effective search queries.
Boolean operators (AND, OR, NOT) refine your searches and control the scope of your results.
Experimenting with different search queries and refining them is crucial for efficient research.
Next Steps
Prepare for the next lesson by reviewing the basic structure of legal citations (case citations, statute citations, etc.
).
You may also look for information regarding legal research platforms (like Westlaw or LexisNexis), but do not worry if you do not have access to these services.
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