Sally's Rules of Research

  1. The "case on point" for your case probably doesn't exist. A killer case, similar to yours in all respects and with the exact outcome you want, is a very rare animal indeed; when you start your research, remember this, and don't waste too much valuable time in search of something that isn't there.

  2. Even the most obtuse and convoluted source has something explaining how to use it! Many law books, and law indices, appear to make no sense -- but there's almost always an introductory section, paragraph, or chapter telling you how to use it. Remember, if it were too complicated to use, no one would buy the book -- so there must be something in it to make it usable.

  3. The Information Superhighway won't take you everywhere. The Internet is terrific for networking, for researching questions that only need a short answer, and for quickly finding current information and the latest cases and laws. However, for in-depth research, you MUST use other sources, such as other computer databases (LEXIS/Westlaw) and print sources.

  4. Sometimes the most basic sources are the best to use. Need the address for a government office? The almanac might have it. Need to find out about industry in Brazil? Check the encyclopedia! All of those reference sources you used as a kid are still valid research tools.

  5. Computer databases are much simpler to use when you actually read the screens! Westlaw and LEXIS will usually tell you what you need to know to use them if you actually scan over the text on the screen instead of just blindly pushing a key to go somewhere. If you're lost or befuddled, rule one is: read the screen. Usually some very helpful info is right there.

  6. Computer databases are NOT always the best or most efficient tools for your research. The prime example of this is research on procedural issues. Use a practice manual, an encyclopedia, a treatise, or annotated statutes -- but not the computer. Remember, almost every reported case contains something about the procedure in the case below (e.g., a summary judgment denied, evidence being admitted, etc.), and those will be mentioned in the opinion -- but the opinion may have little to say about those actual issues, and looking at such opinions through a computer search could be a waste of time (and money, in the real world).

  7. No matter how obscure your topic is, someone else has probably researched it before. If you can find their research, you'll save yourself a lot of time! Some of the most helpful sources: law review articles (even if you only find one, it may be a goldmine of all sorts of information, with key cases and concepts explained); and the Encyclopedia of Associations (one of my favorite sources, which will tell you about special interest groups which might be involved with your topic -- and which may have already put together some research on it).

  8. If you can narrow your topic to at least a specific area of law, you can browse for sources -- and usually find something. A lot of specialized reporters and periodicals are out there; if your topic is in a clearly defined specialty area (e.g., bankruptcy, labor, tax, family law), you might try heading for that area of the library and simply browsing the shelves for current and helpful material. This is hardly a scientific method -- but it often works.

  9. Prepare your computer search before getting online. LEXIS and WESTLAW, will be costing you $ to use after you graduate. Think about what databases will be the best; decide whether you need the whole case or can just get a list of cites; and pull the books you need when you're in the library. (This all falls under my "SCUBA" rule:  Scope out the issue first; Choose the most specific database; Unique terms will really narrow your search results; Browse your results before downloading or printing; and Analyze what you've found!).  Remember that both LEXIS and WESTLAW have extremely helpful customer service lines. By planning before going online, or asking customer service for help in forming a difficult query prior to signing on, you'll save time and money.

  10. Downloading and/or photocopying are NOT the same as doing research! Even when you download tons of cases, you still need to read them to find out what they say, and then apply those cases to your issue -- unless you've actually browsed through or checked those cases beforehand, you might find yourself left with a ton of useless paper. It's all well and good to have the cases, articles, etc. in hard copy, or even on disk -- but those won't do you a bit of good until you read them and understand what they say. Remember, too, that in "the real world", you'll be paying for all of those lines you download or print -- so get in the habit of copying only those parts you really need to have.

  11. Don't unnecessarily spin your wheels -- if you're lost, ask for help! Instead of spending hours searching for something that refuses to turn up, ask for help or suggestions -- from a librarian (hey, that keeps us employed!), from a colleague, from a computer or publisher customer service line. Don't be embarrassed -- it would be more embarrassing to later find that the answer WAS out there and you missed one particular source that had it!

 

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