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Introduction to Boolean Searching 2016
Before we Begin: Index vs. Full‐Text Indexed databases • Search based on subject matter or concept • Like digest searches • Go to “Landlords” section, then look up case • Information already pre-sorted into categories • If information isn’t in the category, you would miss it
Full-text databases • • • • •
Search based on individual words Like a Google search Type in landlord User specifies search terms Search not limited to someone else’s categorization
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Yahoo search page circa 1998 Example of an indexed search database.
Google search circa 2016 Example of a full‐text database
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Before we Begin: Boolean vs. Natural Language
Before we Begin: Know the Scope Know the scope of what you’re searching (the “corpus”) so you aren’t guessing what’s in the database.
Case Law
Federal and state case law back to 1950**
Statutes
U.S. Code & official state statutes for D.C. plus 46 states
Other Regulations
Links to state and federal administrative regulations and codes (some are searchable)
Court Rules
Links to state and federal courts rules (some are searchable)
Constitutions
Links to state and federal constitutions (a few are searchable)
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Two things to keep in mind Synonymy
Ambiguity
• Words that can mean the same thing • Use synonyms for better results • Ex. Car, vehicle, truck, van, automobile
• Words that can mean more than one thing • Avoid ambiguity by adding terms or the “not” operator • Ex: Negligence not criminal
Identify concepts / terms
Identify issue
Search process A good search is like a dance — general steps you follow with added flourish to impress people
Craft a search
Refine search
Review results
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Laying the Groundwork
Issues • Government is trying to force wife to testify against her husband. They were married just prior to the trial. Legal principles • Testimonial privilege / Communications privilege • Compelled testimony • Common law
Additional facts • Criminal • Spouse
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Fastcase Boolean operators Operator
Example
Description
AND, &
libel AND damages
Results must contain both “libel” and “damages”
OR
premarital OR prenuptial
Results must contain either “premarital” or “prenuptial”
NOT
negligence NOT criminal
Results must contain “negligence” but not the word “criminal”
w/3, /3
custody /15 interrogation
Results must contain “custody” w/in 15 words of “interrogation.”
*, !
testif*
Results must contain some variation of the stem “testif ” such as testified, testify, testifying, etc.
?
mari?uana
Results must contain m-a-r-i-_-u-a-n-a with any letter substituted for the question mark
“”
“estate tax”
Results must contain the exact phrase “estate tax”
( )
(confront OR cross-examine)
Parentheses tells Fastcase to do the operations contained within it before doing things outside
AND — dog AND bite
Dog
Dog AND bite
Bite
Only returns cases at the intersection — ones containing both the words “right” and “wrong.”
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OR — car OR automobile car OR vehicle
Car
Car AND Vehicle
.Vehicle
Returns all cases around the perimeter of the two words — either those using the word “car” or the word “automobile.”
NOT — speech NOT school speech NOT school
Only returns cases mentioning “speech” without referencing the word “school.”
Speech School
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speech NOT (school OR political) speech NOT (school OR political) school OR political
Political Speech
Only returns cases mentioning “speech,” but not mentioning “school” or “political.”
School
speech AND public NOT (school OR political) (speech AND public) NOT (school OR political)
Speech Political
The cases returned will use both the words “speech” and “public” but won’t use either the words “political” or “school.”
Public
School
school OR political
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Proximity or within — w/# or /# custody /5 interrogation — return cases where custody appears within 5 words of interrogation Sample matches: in-custody interrogation of a suspect . . . .
(w/1 matches.)
unless in-custody police interrogation is . . . .
(w/2 matches.)
interrogation while in custody may give . . . .
(w/3 matches.)
when in custody for purposes of interrogation . . . .
(w/4 matches.)
“Quotation marks” “communications privilege” — returns only cases with that exact phrase Sample matches: . . . that the communications privilege encompassed within the same statute precludes . . . . . . marital communications privilege is not applicable here because Mr. and Mrs. Irons were estranged at the time of the conversations. Not in search results: . . . spouse may enjoy marital privileges from . . . . . . the marital communications privilege may be waived . . .
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General Note on The Plural Form Remember to include your Plurals • Fastcase does not automatically look for plurals in Boolean searches • If you want to include plurals, you have to tell the engine to look for them by using a wildcard or root expander
Root expander (*, !) — mar* Return cases with at least one word that begins with “mar.” • Pros: • Useful for plurals, different tenses, gerunds, etc. • Cons: • Can slow down search times – if you just want to search plurals, OR is faster • Can be over-inclusive — see, e.g., maritime in this search.
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Single letter wildcard — ?
myr??d myriad
myr??d— return all cases with either spelling (correct or wrong) of myriad
myraid
Order of Operations W/5
•The “Within” operator runs first
AND
•The “And” operator is run second
NOT
•The “Exclude” operator runs third
OR
•The “Or” operator runs last
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Parentheses — ()
Consider the following search: car OR vehicle AND getaway
car OR vehicle AND getaway
What Fastcase actually sees: (vehicle AND getaway) OR car
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Subtle but important distinction Correct:
Incorrect:
(car OR vehicle) AND getaway
car OR (vehicle AND getaway)
Advanced Order of Operations Consider the following searches: 1
A:
2
3
4
Rule* /5 “803(5)” AND knowledge OR recall NOT memory 3
4
2
1
B: knowledge OR recall NOT memory AND Rule* /5 “803(5)” 2
3
1
4
C: Rule* /5 “803(5)” AND (knowledge OR recall) NOT memory A (wrong): 157,342 results; B (wrong): 1,038,488 results; C (right): 99 results
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Back to our Example Issues • Government is trying to force wife to testify against her husband. They were married just prior to the trial. Legal principles • Testimonial privilege / Communications privilege • Compelled testimony • Common law Additional facts • Criminal • Spouse
Concept
Keyword and operator
Testimonial privilege Communications privilege
(testimon* or marital) /3 privileg* AND
Compelled testimony
Spouse
(compel* or requir*) /5 testif* AND (spous* or husband or wife)
Criminal trial
NOT civil
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(testimon* or marital) /3 privileg* AND (compel* or requir*) /5 testif* AND (spous* or husband or wife) NOT civil
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First Search
Second Search
(testimon* or marital) /3 privileg* AND
(testimon* or marital) /3 privileg* /15
(spous* or husband or wife) (compel* or requir*) /5 testif* AND
(spous* or husband or wife) AND (compel* or requir* or forc*) /5 testif*
NOT civil
NOT (civil or “attorney /2 privileg*)
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Use Forecite to enhance your results
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Forecite: Fastcase has identified 3 additional decisions that may be relevant to your research topic, but do not contain one or more of your search terms.
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