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Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License.

Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

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Page 1: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Effective Database Searching

Created by Elizabeth Farrell, Florida State University College of LawLicensed under a Creative Commons BY-NC-SA 3.0 License.

Page 2: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Effective Database Searching

• Search Methods:–Terms & Connectors (Boolean) searching–Natural Language searching

• How to decide which method to use.

• How to design an effective search.

Page 3: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Natural Language

• “Plain English” style search, similar to a google search

• Enter in keywords, phrases, sentences or questions

• Limited number of results (100-250)• Results ranked by relevancy

• Not an excuse for sloppy/lazy searches!

Page 4: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Terms & Connectors

• Also known as “Boolean” searching• Uses connectors like OR, AND, NOT

between search terms• Can specify:–mandatory terms– alternate terms– terms to exclude– terms in specific parts of the document– terms appearing X times– terms within a certain proximity of other terms

Page 5: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

2 Ways to Think About Terms & Connectors

• Algebra–Remember functions like this? (a + b) x (c –

d)

(dog OR cat OR animal) AND (bite OR attack)

• Venn Diagrams

intent AND slander OR libel OR defame

Page 6: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Which to Choose

• Natural Language– Unfamiliar with the issue’s key terms &

vocabulary– You don’t need an exhaustive list of sources– Need a starting point for research

• Terms & Connectors– Familiar with the issue’s key terms & vocabulary– You want to check all potentially relevant results– Essential for pre-emption checks!

Page 7: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Super Searchers Prefer Terms & Connectors

• High level of search precision

• High confidence in search results

• Lots of control over search input

Page 8: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

ResponseWare Login

ResponseWare

Web Address: http://www.rwpoll.com/Session ID: XXXX

Page 9: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

After this class, I will be a pro at terms & connectors searching.

1 2

0%0%

1. True2. False

Page 10: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Designing an Effective Search – Step by Step

• Step 1: Gather Enough Information• Step 2: Frame and Articulate the Issue• Step 3: Determine Key Search Terms• Step 4: Add Alternate Terms• Step 5: Determine Relationships between

Terms• Step 6: Use Fields/Segments to Add

Precision• Step 7: Use Advanced Boolean Features

Page 11: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Step 1: Gather Enough Information

• What are you trying to find?–Jurisdiction–Types of materials

• Is a database search the best option?

Page 12: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Step 1: Gather Enough Information

Scenario: Your client is opening a restaurant and asks for your firm’s assistance in making sure he complies with all the necessary laws. What possible areas of law might this include?

Page 13: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Step 2: Frame and Articulate the Issue

Consider…

• The information as if you were briefing a case

• Searching the opposite side of the issue

• Imagining how the ideal document might discuss the issue

Page 14: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Step 2: Frame and Articulate the Issue

Scenario: In the spring, while at a book signing event in Minneapolis, Newt Gingrich was unsuspectingly “glitter bombed” by an individual who attended the event. The NY Times and the ABA Journal have recently run stories stating that Mr. Gingrich believe this type of protest is illegal and the Prosecutor in Minneapolis is feeling the pressure to look into charging the protestor. You’ve been tasked with researching the whether charges can be brought.

Page 15: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Step 3: Determine Key Search Terms

A well-framed issue will usually make the key search terms easy to see.

Example:• Can glitter bombing be a “touch” for a

battery claim?• Was there a reliance on a

misrepresentation of the facts?

Page 16: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Step 3: Determine Key Search Terms

• Good search terms…–Carry meaning –Are essential to the issue

• Be cautious of…–Superfluous or incidental terms–Alternate phrasing

Page 17: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Is name-calling alone sufficient to create a hostile work environment under the

Americans with Disabilities Act?

1 2 3 4 5 6

0% 0% 0%0%0%0%

1. name-calling2. alone3. sufficient4. create5. Hostile work

environment6. Americans with

Disabilities Act

Page 18: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Can a Florida homeowner’s association restrict its members from installing satellite dishes or HAM radio

antennas on their home or on their property?

1 2 3 4 5 6 7 8 9

0% 0% 0% 0% 0%0%0%0%0%

1. Florida2. Homeowner’s association3. restrict4. member5. install6. Satellite dish7. HAM radio antenna8. home9. property

Page 19: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Step 4: Add Alternate Terms

• Synonyms are critical to good searches

damag! or destroy! or total! w/10 car or automobile or vehicle

• Antonyms can also be helpful

admit! or admiss! or inadmiss! or relevan! or irrelevan! w/5 evidence

Page 20: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Is it ethical for a Florida attorney to outsource some paralegal duties to an overseas

provider?

1 2 3 4 5 6 7 8

0% 0% 0% 0%0%0%0%0%

1. ethical2. Florida3. attorney4. outsource5. paralegal6. duties7. overseas8. provider

Page 21: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Designing an Effective Search – Step by Step

• Step 1: Gather Enough Information• Step 2: Frame and Articulate the Issue• Step 3: Determine Key Search Terms• Step 4: Add Alternate Terms• Step 5: Determine Relationships between

Terms• Step 6: Use Fields/Segments to Add

Precision• Step 7: Use Advanced Boolean Features

Page 22: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Step 5: Determine Relationships between Terms

The purpose of connectors is to show the desired relationships between terms.

Examples:•fraud AND insurance•tax! w/3 income•damages w/25 negligen!•res judicata

Page 23: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Issue: school prayerSelect the best search:

1 2 3 4

25% 25%25%25%1. “school prayer”2. school AND pray!3. school W/5 pray!4. school OR pray!

Page 24: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Issue: Good Samaritan DefenseSelect the best search:

1 2 3 4

25% 25%25%25%1. “good samaritan” W/S defense

2. good AND samaritan AND defense

3. “good samaritan defense”

4. good OR samaritan AND defense

Page 25: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Issue: Evidence obtained from a sniffer dogSelect the best search:

1 2 3 4

25% 25%25%25%1. evidence AND sniff! OR smell OR scent w/20 dog OR canine

2. evidence w/20 sniff! OR smell OR scent AND dog OR canine

3. evidence w/20 sniffer dog

4. evidence AND dog OR canine

Page 26: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Scenario:

You represent a family with a baby daughter, Jane, in a malpractice suit. During her birth, Jane contracted an infection. Jane exhibited symptoms of infection, but the attending physicians failed to diagnose and treat the infection. A routine course of antibiotics would have cured the infection, but instead the infection worsened and left Jane with severely diminished eyesight.

Page 27: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Step 6: Use Fields/Segments to Add Precision

Online documents are divided up into searchable segments (or fields). Users can specify where within a document a term should appear.

judges(o'connor) and court(eighth circuit) and drugs or narcotics

Page 28: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Find opinions authored by Chief Judge Linda Ann Wells of the Third DCA

1 2 3

33% 33%33%

1. judge wells AND third DCA

2. ju(wells) AND ci(third district)

3. ju(wells) & pr(third)

Page 29: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Step 7: Use Advanced Boolean Features

Specify… • Singular/plural word forms• Upper/lowercase characters• Number of times a word/phrase

appears• Terms to exclude

Page 30: Effective Database Searching Created by Elizabeth Farrell, Florida State University College of Law Licensed under a Creative Commons BY-NC-SA 3.0 License

Questions?