Cecily Zamora
Westlaw is a powerful tool for legal professionals, students, and researchers, offering efficient access to case law. While it may be challenging to navigate at first, understanding some fundamental search techniques can help users effectively find relevant case law. Westlaw's search functions are tailored for specific searches, and users can employ a variety of strategies, such as using quotation marks to search for specific phrases or utilising the Advanced search option to find cases by party names. Additionally, Westlaw provides access to secondary sources, treatises, and law compilations, which can serve as a starting point for identifying relevant case references. Westlaw's search capabilities streamline the process of locating pertinent case law, making it an invaluable resource for anyone seeking legal information.
| Characteristics | Values |
|---|---|
| Search by party name | Use the global search bar at the top of the page or click on the "Advanced" search option under the search field and scroll down to the "Name / Title" section |
| Search by phrase | Use quotations "_____"" to search for a phrase, ensuring the words appear together |
| Search by proximity | Use /# to search for a word within a certain number (#) of words from another word |
| Search within a paragraph | Use /p to combine two search terms and look for them in the same paragraph |
| Search curated lists of cases | Click on "Citing Decisions" on the left side of the screen |
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Using the global search bar
The global search bar on Westlaw can be used to find case law in a number of ways.
Firstly, you can simply type in a query on the home page and run your search. This will allow you to use one of the many available filters to find a specific judge or party by name. For example, if you wanted to find cases in which the "United States" is a party, you can enter "United States" into the global search bar.
You can also use the global search bar to find cases by a specific judge. To do this, click into either Cases or Trial Court Orders from the Westlaw homepage, then select the Advanced link to the right of the search bar to access the template. Under Document Fields, type the full name of the judge you are searching for.
Another way to use the global search bar is to find cases by a particular party name. To do this, click on Federal Materials and Federal Cases from the homepage, then click on the Advanced link to the right of the search bar. This will give you a Party Name field and other fields that can help refine your search. Enter the name of the party into the Party Name field.
Additionally, you can use the global search bar to find cases by using specific terms. Westlaw has Advanced templates that are linked at the top of the page and to the right of the search bar. These allow you to look for specific terms in particular parts of a document, such as the title or author fields.
It is important to note that the global search bar may not always provide the most relevant results, as it will retrieve cases where the search terms are mentioned in the text, even if they are not relevant to the case. To address this, you can use the Party Name field, which will only retrieve cases where the party name is used for a party.
Overall, the global search bar on Westlaw is a powerful tool that can be used to find case law through a variety of search methods and filters.
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Advanced search
Westlaw is a powerful tool for conducting legal research, offering various methods to find case law. One of the most versatile approaches is using the Advanced Search feature, which provides enhanced capabilities to tailor your queries. Here's a comprehensive guide to utilising Advanced Search on Westlaw to locate case law effectively:
Accessing Advanced Search
To begin an Advanced Search on Westlaw, start by navigating to the Cases page. From there, you can select the specific jurisdiction of interest, such as Federal Cases for federal law or a particular state's cases for state law. Next, click on the Advanced link conveniently located next to the search bar. This action will reveal the Advanced Search form, which offers a range of options to refine your case law search.
Understanding the Advanced Search Form
The Advanced Search form on Westlaw is divided into two primary sections: Terms and Document Segment/Fields. The Terms section allows you to input specific terms you want to include or exclude from your search. You can also use connectors and expanders to combine search terms effectively. Meanwhile, the Document Segment/Fields section enables you to search using various criteria, such as Party Name, Court, Date, Number, Citation, History, Disposition, Core Terms, Summary, and more. This section is particularly useful when you're looking for cases with specific attributes or involving particular entities.
Utilizing Document Fields
Westlaw offers an extensive array of Document Fields to refine your case law search. These fields include Date, Party Name, Citation, Synopsis, Digest, Synopsis/Digest, Judge, Attorney, Court Name/Prelim, Docket Number, Background, Concurring, Court Abbreviation, Dissenting, Full Text, Headnote, Holding, Lead, Notes, Opinions, Panel, Topic, Words & Phrases, and Written By. By leveraging these fields, you can conduct highly targeted searches for case law that matches specific criteria. For example, using the Party Name field ensures that Westlaw only retrieves cases where the specified names were involved as parties, providing more relevant results.
Customised Search Forms
Westlaw also provides customised search forms for specific types of sources, such as Dockets, Trial Court Documents, and Briefs. These forms allow you to retrieve federal and state dockets by topic, browse various types of trial court documents, and explore briefs filed in cases. Customised search forms offer a streamlined approach to finding case law related to particular areas of interest or specific parties, judges, or attorneys.
Combining Search Techniques
When using Advanced Search on Westlaw, you can combine different search techniques to refine your results further. For instance, you can use the Party Name field to focus on cases involving specific individuals or entities. Simultaneously, you can employ connectors and expanders in the Terms section to include or exclude particular terms in your search. Additionally, take advantage of filters to narrow down your results by jurisdiction, date, or the presence of specific terms. Combining these techniques enhances the precision and relevance of your case law search results.
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Search tools
Westlaw offers a variety of search tools to help you find case law. Here are some tips to help you navigate the platform effectively:
Global Search Box
If you are looking for cases involving a particular entity or a specific judge, you can start with the global search box on Westlaw's homepage. Type in your query and then use the available filters to narrow down your results. For instance, you can filter by a specific judge or party name. This approach ensures you cast a wide net initially and then refine your results.
Advanced Search
Advanced search options are available to further refine your queries. To access this, click on "Cases" on the homepage and then select the “Advanced” link next to the search bar. Here, you can search using specific terms, excluding documents with specific terms, and document fields. The document fields section allows for detailed searches, including Party Name, Court, Date, Number, Citation, History, Disposition, Core Terms, Summary, and more.
Federal Cases
When searching for federal cases, click on "Federal Materials" and then "Federal Cases." This will give you access to the Party Name field, which helps refine your search. You can also use the "Find documents that have" search boxes, and Westlaw will insert the connectors for you.
Jurisdiction
Westlaw assumes the jurisdiction for your search. To change this, click on the "Change" link and adjust the jurisdiction as needed. You can also use the filters on the left to filter by jurisdiction and date and limit results to specific terms.
Dockets and Court Documents
If you have a citation for a case, access it on Westlaw and check the "Filings" tab to view dockets and court documents. For cases without a citation, you must search dockets, trial court documents, and briefs separately using the Advanced Search feature.
Field Search
Field searching allows you to look for specific terms in particular parts of a document, such as the title or author fields. This feature is available through the Advanced templates linked at the top of the page and to the right of the search bar. The available fields depend on the document type. For instance, the judge field is only available when searching case law or trial court orders.
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Search functions
Westlaw's search functions are tailored to specific searches, so it's important to understand how to use them effectively to find case law.
One way to search for case law on Westlaw is to use the global search bar at the top of the page. Simply type in the name of the case you are looking for, and oftentimes, the case will show up as a suggestion. For example, if you're looking for cases involving the "United States" as a party, you can type that into the search bar.
Another way to search for case law on Westlaw is to use the "Advanced" search option. This can be found under the search field. Once the Advanced search screen pops up, you can scroll down to the "Name/Title" section and enter the party's name.
Additionally, you can use specific search tools to refine your results. For example, using quotation marks (" ") around a phrase will ensure that those words are searched for together, rather than separately. You can also use "/3" to search for a phrase, allowing for up to three words between the terms. For instance, "(child support)/3" will look for the word "child" within three words of the word "support." To combine two search terms and find them in the same paragraph, you can use "/p." For example, "(child support)/p (arrearages)" will search for the phrase "child support" and look for the word "arrearages" in the same paragraph.
Finally, it can be helpful to use secondary sources on Westlaw to find treatises or other law compilations on your topic. You can then use the case references in those sources to find relevant case law.
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LexisNexis
You can also call LexisNexis and ask them to help you formulate searches. This will show you how proper searches are done. They will not help with your own memo, but it can be useful for future reference. It is also recommended to start with secondary sources, as this will help identify key concepts and relevant authority.
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Frequently asked questions
Use "_____"/3 to look for a phrase, ensuring the words appear together. For example, "child support" (with quotation marks) will search for the exact phrase, whereas without quotation marks, it will search for the words "child" and "support" separately.
Use "/#" to find words that appear within a certain number (#) of words from each other. For example, "/3" will look for the second word appearing within three words of the first word.
Use "/p" to combine two search terms and find them in the same paragraph. For example, "(child support) /p (arrearages)" will search for the phrase "child support" and the word "arrearages" in the same paragraph.
Use the global search bar at the top of the page and type in the name. Alternatively, click on the "Advanced" search option and enter the party's name in the "Name / Title" section.
Type in the citation in the main search box, then click the search icon.
