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Internet Tutorial for Legal Research

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:

  1. Communication - with clients and colleagues via e-mail

  2. Research - access to legal databases and web sites for finding case law, statutes, regulations, etc.

  3. 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.

  • 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?

  • Time becomes more important as you near your deadline. Generally speaking, Internet sources are not the fastest way to conduct legal research. 

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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