Constructing A Good Search Exploring the Unknown: Issue-Based Searching.

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Presentation transcript:

Constructing A Good Search Exploring the Unknown: Issue-Based Searching

must a drug manufacturer warn consumers of risks or side effects?

drugmanufacturerwarnconsumerrisk “side effect” (Terms)

must a drug manufacturer warn consumers of risks or side effects? drugmanufacturerwarnconsumerrisk “side effect” pharmaceutical disclose (Alternatives)

Root Expander (!) & Universal Character ( * ) discriminate, discrimination... test, tests, testing, tester, tested (but also: testify, testimony, testament…) supercede or supersede bank, banks, banker, banking (but not bankrupt…) super*ede discrim! test, tests, testing, tester, tested (and testify) (but not testified, testamentary…) test! bank*** test***

must a drug manufacturer warn consumers of risks or side effects? drugmanufacturerwarnconsumerrisk “side effect” pharmaceutical disclose manufact! warn! disclos! (Root expander)

Connectors (for Context) Expands / Broadens Limits / Restricts Common variants of AND: w/p = same paragraph w/s = same sentence w/# = within specified number e.g., jury w/5 tamper! OR AND & other restrictors

How OR expands How AND restricts Does a lawyer who fails to do research commit malpractice? — Lexis search in California Cases — Lawyer or Attorney or Legal ,131 94,524! and Malpractice and Research 70 w/p

Phrases versus Connectors Put phrases in quotes — Proximate Cause “Proximate Cause” “child custody” won’t find “...custody of the child…” Don’t overuse phrase searching —

must a drug manufacturer warn consumers of risks or side effects? drugmanufacturerwarnconsumerrisk “side effect” pharmaceutical disclose manufact! warn! disclos! drug or pharmaceutical w/p manufact! w/p warn! or disclos! w/p consumer w/p risk or “side effect” (Connectors)

How can I tell when I’m finished? Seeing the same documents over & over? Using different search techniques? Using different publishers’ tools? Checking both primary & secondary sources? Using both Shepards & KeyCite? Are you…

Fields / Segments Each part of a document can be separately searched Fields/Segments vary depending on type of document Field searching narrows search results!

Order of Processing: or w/# w/s w/p and frisk! or search! w/3 seiz! versus frisk! or (search! w/3 seiz!)

Order of Processing: Use ( ) to get the results you want (frisk! or search! ) w/3 seiz! versus frisk! or (search! w/3 seiz!)

Google Scholar

Casemaker

Time is Of the Essence In the context of the purchase agreement regarding the 4 acre property that Steve Morger gave us, try and find out what the law is about the “time is of the essence” clause.” Could the seller back out of the deal when our client did not close on the date specified for close of escrow? Don’t forget all the other contract terms.