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Figure out what youre looking for 1 W hat is legal research? The - PDF document

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Research Review for Health Care Finance and Organizations Boston College Law School January 29, 2010 Joan Shear, Legal I nform ation Librarian and Lecturer in Law W here to Start Figure out what youre looking for 1 W hat is legal

  1. Research Review for Health Care Finance and Organizations Boston College Law School January 29, 2010 Joan Shear, Legal I nform ation Librarian and Lecturer in Law W here to Start Figure out what you’re looking for 1

  2. W hat is legal research? The search for authority: to predict a likely outcom e to advise a client or to advocate for a client Finding a Topic Current awareness services, especially from relevant topical reporters, can stimulate creative thoughts. 2

  3. Topical Services Bureau of National Affairs (BNA) services such as United States Law Week Also available elect ronically. 3

  4. 4

  5. Topical Sevices CCH (Commerce Clearing House) publishes a number of relevant titles such as the Medicare and Medicaid Guide, now available through CCH IntelliConnect 5

  6. You must be on campus to register. Once registered, you can access from anywhere 6

  7. Log in to sign up for current awareness services 7

  8. 8

  9. Click on the Add/Modify Tracker link in this pane to customize your current awareness results Click on the target icon to customize your trackers even more 9

  10. Click OK in this box and Add Tracker in the next to process your selections Building a Foundation Understand facts Understand legal term s - legal dictionaries, words and phrases Understand general legal principles and what general areas of law are involved - general secondary sources 10

  11. The Main Event Types of Authority Sources Constitutions Primary (Can be binding) Cases Statutes Regulations Secondary Commentaries (Can only be e.g. Law Reviews persuasive) Background Materials e.g., Legislative Histories Most lawyers start secondary Secondary sources: Are easier to read and understand Are well organized Contain cites to primary materials Lead you to leading cases 11

  12. Treatises (Books) Used for: general overview citations to primary sources persuasive authority Find Books in QUEST 12

  13. QUEST – Tip Search the Full Library Catalog to find everything available at B.C. Law Library Catalog restricts you to items in the Law Library and internet resources. If Quest doesn’t have what you need, try changing to the WorldCat database in the “Other Library Resources” section and request books thorough interlibrary loan. 13

  14. Search types Keyword Author Title Subject Heading Many more options 14

  15. QUEST – Tip Start with keyword searches Use index browses when you only know the beginning of a title or when you want to browse a list of authors, titles, or a known Library of Congress Subject Heading Subject Headings Can lead you to relevant information regardless of the exact words in the title. For example: Health services adm inistration Used for: health administration, health care administration, health care management, health services management 15

  16. Subject Headings Like author and title searches, subject headings read left to right and automatically truncate, so you need to know the correct term Subject Headings But they are very hard to predict For example: For Health insurance, Use I nsurance, Health But Health insurance claim s 16

  17. QUEST – Tip Incorporate words from the known subject headings into a well-crafted keyword search to improve both accuracy and precision of your search Some suggested subject headings are found in the LibGuide QUEST – Tip Chose Advanced search for field-restrictors, and more sophisticated keyword searching. Remember that truncation is not automatic in keyword searches. 17

  18. Shelf Browsing Recommended call numbers allow you to browse the books on the shelves. KF – American Law RA – Public aspects of medicine 18

  19. Shelf Browsing Remember that books can only be in one place at a time, but can have multiple subject headings, so supplement browsing with catalog searches. Law Review s Uses recent developments citations to primary sources persuasive authority 19

  20. Start with Indexes Indexes lead you to articles about a particular topic. Full text searching leads you to any use of a term. Law Review I ndexes - I LP Index to Legal Periodicals & Books (back to 1980) through Westlaw - I LP Lexis - I ndex to Legal Periodicals ILP and ILP Retrospective can be accessed through Alphabetical Databases Link 20

  21. Law Review I ndexes - CLI Current Law Index Westlaw – LRI Lexis – Legal Resource I ndex Alphabetical List of Databases – LegalTrak Law Review I ndexes - CI LP Current Index to Legal Periodicals Westlaw – CI LP Alphabetical List of Databases – Current I ndex to Legal Preiodicals 21

  22. Law Review s - Full Text LEXI S WESTLAW LAWREV; LGLPUB TP-ALL Legal Publications Group File contains: law reviews, texts, Am erican Law Reports (ALR), legal contains: law reviews, bar encyclopedias (Am erican journals, ABA journals, legal Jurisprudence 2d and newspapers, legal Corpus Juris Secundum ), newsletters, specialty legal CLE course m aterials, bar publications, and CLE journals, and legal practice- m aterials oriented periodicals. In order to get access to browse or search materials, you must first select the appropriate practice areas 22

  23. You may select broad or narrower subjects, but you will only be able to browse or search what you select, so be over inclusive if necessary. Until you have some idea of the content of the service, try browsing to acquaint yourself with content. 23

  24. Statutes and Regulations Annotated codes to find interpretive cases. 24

  25. 25

  26. Am erican Law Reports ( ALR) Case Finding Tool Provides: historical background; citations to primary sources; structure/ organization Available on Westlaw 26

  27. Case Finding - Digests Digest Searches Useful for finding cases under legal concepts and principles. Brings together cases with a variety of fact situations. Digest Searching on Westlaw Digest topic: Health Key Number: 470 (which stands for) Government assistance —Medical assistance in general, Medicaid —eligibility for benefits —Aliens Write as 198Hk470 in Westlaw searches 27

  28. Full Text Searching Term s and Relevancy Ranking Connectors Search words Search words Weighted according to Combined with algorithms Boolean connectors To find all exact To find “most” relevant matches based on ranking criteria Term s and Connectors When you need Connectors everything using Alternatives “or” particular terms Conjunctions When terms are unique Joining: “and” “&” Proximity: w/ # / # When you want to Ordered Proximity: include a field search pre/ # + # Grammatical: / s / p When you need to know how many cases use Exclusions “but not” these terms 28

  29. Relevancy Ranking Westlaw and When you don’t know much about a subject Lexis When you don’t want just a casual mention call it -- Natural When you are willing Language to take a close match When you need an extensive discussion Updating Do you have the latest information? Check dates whether print or online. Citator Services – KeyCite and Shepard's 29

  30. W hen to Stop Don't stop too soon Don't waste your time Any Questions? Reference Librarians are on duty: Monday - Thursday 9: 00 - 8: 00 Friday 9: 00 - 5: 00 Saturday and Sunday 1: 00 - 5: 00 Joan.shear@bc.edu 617-552-2895 http: / / www2.bc.edu/ ~ shearj 30

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