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This
tutorial was designed to teach competent Internet users how
to become more
proficient in searching the Internet and, at the same time,
introduce the novice searcher to an overview of the Internet.
Tips on how to search instead of "surf" the Internet
will be covered. This tutorial will also introduce strategies
on how to identify current and authoritative legal information
on the Internet and when an Internet source can substitute
for a print or fee-based online source.
After
you have completed this tutorial, please take the
QUIZ at the end. Your results will be sent via e-mail
to Kevin Fredette.
What
is the Internet? | The World Wide Web
| What do Lawyers Use the Internet
For? | Search Instead of Surf
| When are Internet Sources the Best
Choice for Legal Research? | QUIZ
What
is the Internet?
"Take a book,
remove the cover, remove the title page, remove the table of
contents, remove the index, cut the binding from the spine, fling
the loose pages that remain so they scatter about the room. Now,
find the information you needed from that book. This is the Internet." - Michael
Gorman, The One Person Library, v.15, no.6 (6/98) pg.5
According to the NetDictionary,
the Internet is defined
as:
A
worldwide network of networks that all use the TCP/IP communications
protocol
and share a common address space. First incarnated as the ARPANET
in 1969, the Internet has metamorphosed from a military internetwork
to an academic research internetwork to the current commercial
internetwork. It commonly supports services such as email,
the World Wide Web, file transfer, and Internet Relay Chat.
The Internet is experiencing tremendous growth in the number
of users, hosts, and domain names. It is gradually subsuming
other media, such as proprietary computer networks, newspapers,
books, television, and the telephone. Also known as "the
net", "the information superhighway", and "cyberspace".
The
World Wide Web
Among other things,
the Internet provides access to the World Wide Web. The World
Wide Web is a system of Internet servers that provide access
to web pages that are written in HyperText Markup Language (HTML).
Web pages are created by various organizations, government entities,
or individuals. Web pages have a specific URL (Uniform Resource
Locator), also referred to as a web page address.
The first part of the
web page address identifies the protocol. Most web pages use
the HyperText Transfer Protocol (HTTP) to transmit documents
over the Internet. Other common transfer protocols include ftp
(File Transfer Protocol), e-mail, and IRC (Internet Relay Chat).
The second part of
the address identifies the domain name. For example, the URL
for the WVU College of Law is http://www.wvu.edu/~law with
the domain name wvu.edu. The
first three letters (www) identify the name of the server the
web pages are saved on. The suffix of a domain name distinguishes
the top level domain (TLD) it belongs to.
Common
Top Level Domain names are:
-
.edu - Educational
institutions
-
.gov - Government
agencies
-
.org
- organizations (not-for-profit)
-
.com - Commercial
business
-
.net - Network
organizations
-
.mil - Military
-
.us -
United States
What
do Lawyers Use the Internet For?
In a recent study conducted
by the Legal
Technology Institute, 90% of the legal profession use the
Internet at work. There
are primarily three things lawyers use the Internet for:
-
Communication -
with clients and colleagues via e-mail
-
Research -
access to legal databases and web sites for finding case
law, statutes, regulations, etc.
-
Marketing -
promoting the law firm by creating a web site
In
law school, you will use the internet to communicate with classmates,
faculty,
and future employers. You will also learn to conduct legal
research on the Internet and how to distinguish when an Internet
source can substitute for a traditional print or fee-based online
(LexisNexis or Westlaw) source.
The two most important
factors you need to consider when searching the Internet for
legal information are: authority and content.
Legal Authority
Legal authority is
created through legislation (statutes) or court decisions
(case law). Statutes and case law are known as primary sources
of law. Primary sources include authorized statements of
the law by government institutions and include statutes,
case law (also known as opinions of the court), regulations,
and rules.
When you are
searching the Internet for legal information, look for
at the top level domain to check the
authority of the site. As a general rule, look for .gov
and .edu. Many educational institutions partner with
government entities to produce web sites (Cornell's Legal
Information Institute is one example). State home
pages commonly have a TLD of .us and have a similar URL: http://www.state.wv.us.
You can find the home page to most states by inserting
the state postal abbreviation where wv appears.
Secondary legal
authority is found on the Internet in the form of law
review articles and legal periodicals. Secondary sources
help explain and interpret primary sources of law and
may be a good starting point for research. Law review
articles contain citations to statutes and case law and
discuss the importance of each as they relate to the
topic.
Content
Once
you have determined that the web site you are visiting
is from an
authoritative source, you must also evaluate the content
on the web page. It is important to know if you are using
the most current information.
Legislators
meet annually to revise and propose new laws (statutes).
In West Virginia, statutes are generally updated in July
of each year. Follow this link to the West
Virginia Legislature and expand the WV Code folder
to view the State Code. When was the last update? Click
here to learn the difference between
a statute and a code?
While statutes
are generally updated annually, case law can be issued
on a daily basis (depending on when the court is in session).
The West Virginia Supreme Court of Appeals posts their
written decisions on the Internet. Follow the link to the West
Virginia Supreme Court of Appeals and select Opinions.
The court posts the days and the times that decisions will
be available on the Internet.
Search
Instead of "Surf" Search engines (like
AltaVista) and Directories (like Yahoo!) are not the
same.
-
Search
engines are
made up of three parts: a spider that crawls through the
web finding web pages; an index that contains all of the
web pages found by the spider; and finally, a search engine
that compares the search terms to the index. The results
of a search are ranked in order of what each search engine
believes to be the most relevant. For more information, go
to the Search
Engine Features Chart, and browse through the contents
of SearchEngineWatch.com.
-
Directories are
created by people (real humans!) who search the Internet
looking for specific types of information. This information
is then categorized to assist Internet searchers. Directories
usually contain fewer web pages than a Search Engine, but
may contain a higher quality of content.
1.
Start narrow and then broaden your search.
A
recent study found that only 16% of the Internet is indexed.
Why is this is important? If only 16% of the Internet is indexed,
it is likely that the information you are looking for may
not be found using a search engine or a directory.
Instead of begining
your research with a search engine or directory, begin your research
by using databases that are geared for legal research.
For example, if you
are looking for an explanation of a statute or regulation, begin
by looking in legal databases that index legal materials.
The WVU College of
Law Library provides access to three databases that are good
starting points for research:
-
Index
of Legal Periodicals is a bibliographic database that
cites articles from legal periodicals (1976-current) and
indexes law books (1993-current). Periodical coverage includes
law reviews, bar association journals, university publications,
yearbooks, institutes, and government publications. Access
limited to faculty, staff, and students of WVU College
of Law.
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Hein
On-Line "A modern link to legal history." The
ultimate goal of this database is to provide access to
all back issues of indexed legal journals pre-1980 in an
electronic format. All images in Hein-On-Line represent
the exact page image of the original materials, and multiple
searching capabilities greatly enhance research.
-
LegalTrac comprehensively
indexes legal publications, legal newspapers, and specialty
law and bar association journals. LegalTrac also includes
law-related articles published in over 1,000 business and
general interest titles. Access limited to College of Law
computers in the Law Center.
Other
databases for searching the contents of law review articles include:
-
Legal
Journals Contents The Tarlton Law Library at the University
of Texas provides a keyword searchable database of the
table of contents to over 750 law reviews.
-
Legal
Journals on the Web An alphabetical list of titles
of legal journals, provided
by the University of Southern California Law Library.
-
University
Law Review Project organizes law journals by topic
and by school. Other useful links are also included.
2. Use the appropriate search rules.
As
each search engine and directory is different, each will
have different searching rules. Look for the "search
tips" or "help" links for specific information
on the best way to get the results you want.
- READ the suggestions
for each database - do not assume that one set of search
rules will apply to all databases on the Internet.
-
Use the correct
search syntax.
If the search engine suggests using Boolean Logical Operators
(AND, OR, NOT), do not use other
symbols such as +, *, or !. Click here to read the Law
Library's guide to searching with Boolean
Logic.
3. Use
a Search Engine when you are looking for non-legal information.
Try one of the following:
Read more suggestions on how
to Pick
a Search Engine depending on the type of information
you are looking for (Created by Gynie Tyburski, Law Librarian
for Ballard, Spahr, Andrews & Ingersoll, LLP and creator
of The Virtual Chase).
4. Use
a Legal Directory when you are looking for statutes, case
law, regulations, or other sources of legal information
and you do not know a specific URL.
Legal Directories
are also useful starting points when you have a legal topic
to research. We recommend one of the following Legal Directories:
The WVU College
of Law Library has collected and organized web sites that
address the needs of law students and faculty searching for Legal
Research on the Internet. The
selective list of annotated web sites are organized alphabetically
within jurisdiction or topic. This list is intended to guide
students toward authoritative legal research sites and assist
faculty with research projects.
-
Most links
include an explanation (or annotation) of the content
available at the web site to assist students and faculty
in determining if the web site will provide the information
they are looking for, without having to visit each web
site individually.
-
The collection
of links is organized in the same order we recommend
approaching legal research:
Catalogs/Databases The
WVU Libraries' online catalog, MountainLynx,
is available through the Internet. The first step in
legal research is to identify sources available in the
Law Library. Nothing is faster, cheaper, or easier! The
Law Library also provides access to various Databases
that provide authoritative and current information.
Legal
Directories are
good starting points for Internet Legal Research. Legal
Directories provide access to statutes, case law, regulations,
and other sources of legal information. Legal Directories
are also useful starting points when you have a legal
topic to research.
West Virginia
Links A collection of West Virginia web sites commonly
used by law students and faculty (WV Supreme Court,
WV Agencies, WV Organizations, etc.).
Federal
Links A collection of Federal web sites commonly
used by law students and faculty (U.S. Supreme Court,
federal district and appellate courts, federal agencies,
etc.).
International
Links A collection of International web sites commonly
used by law students and faculty (treaties, foreign
country web sites, international organizations, guides
on conducting international research, etc.).
General
Reference Materials that are traditionally found
in the Reference section of a Library (Dictionaries,
statistical sources, etc.) and sources that offer computer
help (such as the Wired
Guide).
People Finders are
tools that help you find people using Internet resources
(names, addresses, e-mail addresses, lawyers, WVU
students and faculty, etc.).
Business/Company A
collection of web sites geared toward locating information
on a specific company or sector of the economy (annual
reports, background information, employment opportunities,
etc.).
News/Journals Electronic
versions of legal journals and news sources available
on the Internet (law reviews, the Dominion
Post, etc.).
E-mail Services A
handy way to stay current without lifting a finger. Subscribe
to an e-mail service and receive scheduled e-mail notices
on current information (U.S. Supreme Court decisions,
stock information, top
legal news, etc.).
Search Engines Last,
but not least, if we haven't provided a link for what
you are looking for, search for it using one of the recommended
search engines on our list.
When
are Internet Sources the Best Choice for Legal Research?
With so many choices
for conducting legal research (books, Internet, databases
like LexisNexis and Westlaw, CD-ROMs, etc.) when are Internet
sources recommended? Unfortunately, there is not one simple
solution that applies to all research questions. Answer these
three questions before you begin your research:
1. How much TIME do
you have?
2. What do you
have ACCESS to?
-
If
you are in the Law Library, you have access to everything
you
need - a good place to start! The Law Library provides
access to the Internet, legal databases that we subscribe
to (Index to Legal Periodicals, LegalTrac, IndexMaster,
LexisNexis and Westlaw), and access to the largest collection
of legal materials in the state of West Virginia.
-
If you are
at home, your only choice may be the Internet. (First
year law students receive access to LexisNexis and Westlaw
during the spring semester.)
3. How much MONEY are
you planning to spend?
-
While money
is not an issue for conducting research in law school,
the practice of law is very costly and law school is
an excellent opportunity to try before you buy. Throughout
law school you will learn how to conduct legal research
using books, CD-ROMs, and legal databases. Use all of
these formats and then decide which sources you prefer
when you practice law.
-
All of these
resources (books, CD-ROMs, and legal databases) are available
to you for free while you are in law school. In the real
world, legal materials are expensive and you may not
have access to all of the sources you have had access
to in law school. If you have only used one format, it
will be difficult to learn how to conduct research using
a new format while practicing law.
-
It is easier
(and cheaper!) to learn how to use these resources in
law school than during your first trial. Take advantage
of all training opportunities.
Before you begin
searching the Internet...
Think through these
tips:
1. What do
you want to find? The first step is to identify if the information
you are looking for will most likely be on the Internet. Despite
popular belief, everything IS NOT on the Internet. Address
the following BEFORE you begin surfing the web:
-
How much do
you actually know about the needed information? Do you
understand what you are looking for?
-
Identify the
likely source of the information - court, legislature,
government agency, phone book, journal article, newspaper,
etc.
-
Establish a
date or date range.
-
What is the
cost of the information from traditional sources? If
you would normally expect to pay a lot of money for the
information, don't expect to find an authoritative source
for free on the Internet.
2. How much time are you
are willing to spend to find this information? Remember:
time is money, especially when your billable rate is over $100/hour.
-
Identify other
sources that have the information you need - case reporters
(books), CD-ROMs, LexisNexis, Westlaw, etc.
-
Is
your time best spent trying to find out if your information
is
on the Internet? LexisNexis and Westlaw are fee-based
services, but both services can produce authoritative
results quickly.
-
Do not neglect
print sources. If you have access to the information
in print, it may be cheaper than using an online source
and faster to photocopy than search the Internet.
3. What
is the information going to be used for?
- If
the information will ultimately be submitted to a court
or other official
body, an Internet source may not produce the professional-looking
results you need.
- Also
keep in mind that you may need to cite back to the information
that you have
found. Is the source authoritative? Current? Will
you be able to find it again?
- Keep
track of where you have been by keeping a research log.
Legal
Research on the Internet QUIZ
To test
your knowledge of Legal Research on the Internet, click on
the above link to take the quiz. Your answers will be sent
via e-mail to Kevin Fredette.
If you
have any questions, please contact a Librarian. Good
luck!
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