Legal Research

Cool New Westlaw Updates

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by Katie Tribe

As mentioned in past posts, at the library we spend a considerable amount of time helping people locate cases. Through time and repetitive use, we really get to know some of the nooks and crannies of our electronic database (think Quicklaw, Westlaw, Criminal Spectrum, O’Brien’s), and notice and appreciate when subtle changes are made that make searching swifter and more effective. One of our products, Westlaw Canada, has created a few new features over the past month or so that are really making us happy. Here’s a list so that you can start noticing and taking advantage of them as well!

1. Displaying the citation frequency of cases

Everyone knows the pain of having to browse through a large number of search results to find one powerful case. Westlaw recently made it easier to identify significant cases by displaying the amount of times the case has been judicially considered in the search results. When browsing the results, you’ll now see a note in brackets at the bottom of the case summary that states how many times the case has been considered, making it easy to determine its precidential value. The citation frequency is also listed after cases that show up in the citation list when you note up a case.

Westlaw also now allows you to limit your searches to cases that have been judicially considered. In the same way that you can limit cases by jurisdiction, timeline, and decision type, you’ll now find a drop down menu for citation frequency on the search screen. Pretty awesome!

2. Rules Concordance

I’m not sure how long this feature has been around, but it’s one that we’ve noticed and taken advantage of recently because a client was trying to locate an equivalent family law rule in a different jurisdiction. You’ll find the Rules Concordance in the “Browse Table of Contents” section of the main Westlaw page. It’s organized by subject areas that you can browse by expanding folders, much like other Westlaw Products such as the Canadian Encyclopedic Digest (CED). Browse through the subject areas to find a complete list of rules related to your subject, separated by jurisdiction. Of course, the list includes hyperlinks that will take you to the full text of the rule you’re interested in.

3. ResultsPlus

Another new feature, ResultsPlus, suggests related analytical material (think links to secondary sources like the CED) next to your search results. If you view your search results in full screen mode, you’ll see ResultsPlus to the right of your search results. If you’re not in full screen mode, you can access it by clicking the tiny arrow in the upper right hand corner of your screen. When you are viewing an individual case, the ResultsPlus information will be listed under the “Related Info” tab on the left side of your screen. To refresh your memory, the Related Info tab is also where you’ll find links to the history of the case and any citing references. I haven’t used the ResultsPlus feature yet, but will definitely be checking it out, as I often find the best cases when using tools like the CED.

4. “Related Terms” and “Did you mean…?”

In a step towards the style of the powerful search engines we use on a daily basis (I’m obviously referring to Google here) Westlaw has added features that suggest related terms and notice spelling errors when you type in a search. If you are using search terms to find cases, you’ll now find a related terms box at the top of your full screen results page, listing related terminology that Westlaw will easily add to your search with a simple click. The related terms box will also show up on the main search page when you edit your search. Like Google, Westlaw will also now notice your spelling errors and suggest a different word at the top of your results list.

In life and in researching, it really is the little things that make the biggest difference. Thanks to Westlaw for making things a little bit easier for us with these new features; we hope that you’ll check them out! As always, if you need help locating or using these new tools and features, please don’t hesitate to ask us for help.

2010 Family Law Conference Papers

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by Katie Tribe

Just a note to inform you that Amanda recently uploaded all the papers from the CCLA’s 19th Annual Institute of Family Law Conference to our Conference Paper Database. Have you checked out the database yet? It contains digital copies of conference papers and materials from the CCLA’s four cornerstone conferences: Civil Litigation, Criminal Law, Family Law, and Solicitors. The papers go as far back as 2001. An awesome thing about the database (other than offering free, downloadable papers, of course!) is that it contains complete and detailed records, and is user-friendly and searchable. This means that you can locate a paper by conference, year, title, author, or subject. No more leafing through multiple giant binders to find the paper you need! Conference materials are also amazing resources when researching a unique, emerging, or very specific topic.

On a related note, in case you haven’t heard, the CCLA recently announced that law students and paralegals can now become members of the CCLA! Check out the announcement here. This news is very relevant to the Conference Paper Database since it is accessible to CCLA members only; to search the database and download the papers, you must log in using your membership log-in name and ID. If you are a member and aren’t sure about your log-in name or ID, please get in touch with us! We can help you out. If you’d like to become a lawyer, student, or paralegal member of the CCLA, you can join right on our website.

We hope you’ll take some time to check out the Conference Paper Database! You can find it here, under the Library tab on the website.

Finding Case Law

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by Katie Tribe

One of the most common requests I receive as a legal reference librarian is for assistance in finding case law. Most individuals approach me after a number of keyword searches in the usual databases retrieve no results, or way too many. While electronic databases are amazing tools for finding case law and other related materials, in many cases a basic keyword search is the last method you should try. Here are a few recommendations for resources you might want to check out before you drive yourself crazy with search terms and their synonyms. As always, your CCLA Library staff is available to help you find and use the following resources. Just get in touch with us!

Case Digests and Quantums

Case digests and quantums organize noteworthy case law by topic, or area of law. They might address a number of topics and arrange them in alphabetical order, or deal with only one specific subject. For example, if you were looking to locate the leading cases on defamation, you might look up the term “defamation” in a set of digests under the letter D, or consult a defamation quantum. Once you’ve located your topic, you’ll find discussion and summaries of the leading cases in that area of law.

The CCLA Library has a number of these products in both print and electronic format. I’ve highlighted a few below:

The Canadian Encyclopedic Digest (CED)

The CCLA Library currently has a full set of the Canadian Encyclopedic Digests available in print, and plans to make an electronic version available on our computers very shortly. This large set of green binders is extremely easy to use, with topics listed in alphabetical order on the spines of each volume. Don’t let the appearance of the binders fool you; they look old because they are well loved, not because they are out of date. The CED is a loose leaf resource and is updated regularly. Find the large set of green binders in the Reference section, which is in the main part of the library, right next to the reading tables.

Quicklaw’s Canada Digest and Topical Quantums

If you click on Quicklaw’s “Court Cases” tab, you’ll notice a number of links on the left hand side of the page. These include the Canada Digest, along with a number of topical quantums, covering topics such as child and spousal support, personal injury, and sentencing, among many others. Clicking any of these links will take you directly to the resource, where you can browse through lists of topics (simply click the + signs to expand the list), or perform a search producing case summaries. One of the great benefits of electronic digests and quantums is that nearly all the case summaries include hyperlinks to the full text of the case.

Print Digests and Quantums

The library has a large number of print quantums and digests covering specific subjects. These materials, which look just like textbooks, are spread throughout the library in their respective subject areas. You’ll find family law quantums with the rest of the family law books, and so forth. The next time you are looking for case law, try browsing the shelf in your subject area. You’ll likely find a print quantum or digest addressing your topic. A reminder that the best place to start in any print resource is your Table of Contents and Index.

Using Legislation

It is extremely helpful to determine what legislation is applicable to the case law you are searching for. Once you know what sections are relevant to you, you can use them to find case law and commentary.

A great way to do this is by locating an annotated version of the legislation. An annotated act, for example, includes helpful commentary after each section, usually offering discussions of leading case law. The CCLA Library has a large amount of annotated legislation available in print. Most of our recent and popular volumes are located in the library’s Reference section, next to the reading tables. A few other volumes are located in our Texts section. Using this method may offer a simple starting point, or provide you with what you need without hours of research.

Electronic databases, such as Quicklaw and Westlaw eCarswell, also have excellent note-up features for legislation. Locate the relevant section and note it up to find cases that considered, referred to, or cited the section. Browse through the cases, or search for keywords within them to see if any are relevant to your issue. Noting up your legislation first is a great way to narrow your electronic search results before you start brainstorming search terms.

Good Old Textbooks

Many people overlook print textbooks and loose leaf materials when searching for case law. Often, the easiest way to find useful cases on a topic is by browsing a chapter in an established reference book. Most texts offer useful case citations and commentary; just follow up on those footnotes and check the fine print.

Use Electronic Databases Effectively

Set aside some time for training on electronic databases; if your current searching abilities are limited to keyword searches, there is plenty of room for growth. Products like Quicklaw and Westlaw eCarswell are extremely powerful and efficient tools when used to their full potential. Attend one of the training sessions in the CCLA Library (I can vouch for the sessions; I still learn something new each time I attend, despite using the product every day), stop by and ask us some questions, or book an appointment with Jen or I to walk you through a database. We’re always happy to help. If your searches are always resulting in 50 cases or more, or you’re not sure how to use any of the tools in the databases, we’re pretty sure we can share something useful with you.

These are just a few resources off the top of my head – I’ll post more as I think of them! As you can see, there are many places to start your search for case law before you resort to the search box. Be sure to contact myself or another library staff member if you’d like further details and information on any of the above resources.

Training Opportunities at the CCLA Library

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By Katie Tribe

The CCLA Library is proud and happy to provide a number of extremely useful electronic resources for free to the legal community. We provide free online access to Quicklaw, Criminal Spectrum, DivorceMate, and O’Brien’s Forms and Precedents, to name a few, and are currently working to provide you with a few new electronic goodies in the near future. When we say free, we mean free in every sense of the word; there are no passwords, time clocks, billable hours, or download limits when using these products in the library. We only offer free, unlimited access.

As librarians, we don’t just want to make the products available to you; we also want to teach you how to use them, and to use them effectively. We also know that many firms have these products available in-house, and sometimes just need a refresher that covers searching techniques and new features. To help you out, we are available to instruct you and troubleshoot for you, whether by scheduled appointment or whenever you happen to call or stop by the CCLA Library. We also regularly offer training sessions in the library.

Training sessions are advertised via the CCLA website and listserv, and generally happen in the library over the lunch hour. We try to schedule the sessions in a way that is convenient to the legal community. For example, we offer a fresh set of sessions every fall to coincide with all the fresh articling students entering the scene. The sessions are informal, and you are welcome to bring a coffee or your lunch (yes, that means eating in the library!) and stay for as much or as little as you wish. We are also available afterward to answer questions.

So far, these sessions have provided insight into programs such as Quicklaw and Criminal Spectrum, and we have plans in the works for a number of other specialized sessions in the future. We are currently offering a series on Quicklaw, and there is still room in the remaining sessions if you’d like to register! Registration simply involves sending a quick email to me, Katie Tribe, at ktribe@ccla-abcc.ca. Of course, if you happen to be in the courthouse that day and haven’t registered, we still encourage you to stop by. We always seem to find room for everyone! The remaining sessions (one of which is this Thursday) are as follows:

Thursday, March 4th, 2010 – Legislation
Learn how to use Quicklaw to effectively find statutes, regulations, and related case law.

Thursday, March 25th, 2010 – Secondary Sources
Learn about the commentary, journal articles, forms, and news pieces available on Quicklaw, and how to effectively locate them.

Thursday, May 27th, 2010 – Introduction to Quicklaw
An opportunity for incoming students and experienced lawyers alike to be introduced to or revisit the basics of Quicklaw.


Hope to see you there!