Navigating Westlaw: Efficient Legal Research Techniques and Tools
Learn how to effectively use Westlaw for legal research, including browsing topics, searching cases, and accessing key legal documents and resources.
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Introduction to using Westlaw for your legal research
Added on 09/08/2024
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Speaker 1: So this is the Westlaw homepage and there's a number of different ways that you can access the content in Westlaw. I'm just going to show you a few. The first one is browsing the database and you can see on that homepage we've got browse by topic and this is really a useful way of accessing content on a topic that you're not perhaps quite sure how to search it because Westlaw brings together all the relevant information on cases, legislation, books and journal articles together. So I'm going to click into trusts and personal property. Now the topic pages have information related to that topic including latest developments so this is updated daily, so any changes are here. As you scroll down you've also got the relevant legislation and any e-books that are available in Westlaw. So those that show out of plan we do not have access to but you can see there's quite a few other books that you can access here on the topic of trusts and equity and in fact these are I think on your reading list. And then you've got access to some journals here as well. So from here you can search across the topic area or you can delve down further into another topic. So I'm going to go into trusts and on here we have access to an overview article. Now the overview articles are what they say, they give you an overview of that topic of trusts. It's been written by an expert, you can find out more information about the author as you go into this document clicking here. But the overview article will outline the main issues regarding that topic, they will list the key legislation, key cases and they most, they usually include some key reading which might be a couple of journal articles or books and you'll find the links directly to them. So the overview article is a key document as part of your legal research if you need some help identifying the key primary sources. But also on this topic page of trusts as we scroll down you'll see they're listing the key cases and then recent cases, key legislation and recent legislation and journal articles. So you can see here it's a quick way of being able to find relevant information, quality sources without actually doing searching. All we've done now is browsing and followed the few links that Westlaw have provided. Going back to the homepage here we'll click on the logo. Now you can do a search in the main search box which will search across the whole database. It's a huge database and so you're likely to come back with a lot of search results but you can filter those by different content type or you could restrict your search by content type and topic from here. So I'm just going to start typing in secret trusts as a search and before I start or before I finish typing my terms Westlaw has tried to guess what information it is I'm trying to find and so they've come up with some suggested questions and they've also come up with topics which would go to a topic page. So this is quite a good way as well of accessing relevant content. So I've just clicked on that what a secret trusts and when you usually have a what is question Westlaw will provide a definition from a legal dictionary. You can also access the legal dictionaries from this link here, index of legal terms and sometimes this can be really useful to find the official definition of a legal term and it might refer back to case or legislation where this key term has been defined. So this might be something useful that you would want to include in an assignment to be able to set out how that term became part of case law. So if I go back to the home page another way of searching is to go into the specific part of the database depending on what it is you want to find. So if you want to find cases go into the cases search and this is because each search page has the relevant boxes that you need to use to search for that content. Now I'm going to show you a cases search because this can be a useful way of finding the secondary sources that is the journal articles and books that relate to a particular case in a very very simple and quick way. So when you have a key case that you might have read about in a core textbook or has been outlined in a lecture you might have already accessed that case if you had to as part of your preparation of study. But if we have a look at it on look up this case in Westlaw this is O'Kelly v Davis I'm looking for so Westlaw is suggesting cases that are available in the database and from the case analysis document we can find additional sources that discuss this case. So before we just move on we can see that in Westlaw we have a different formats for looking at your search results and also in case for case results Westlaw has a coding system just to be able to indicate cases that are good examples of case law. So these are often marked off with in green called positive or you might find cases that are red that say negative and these are the red ones would be not good examples of case law. For example that case was overturned or repealed and lost so do bear in mind which cases you choose to include from your search results. So going into that specific case we'll find out more information about it. Westlaw provide a case analysis document they write a summary an abstract of it they provide all the key data for it where it's been reported a link to the judgment and listing previous cases and you can also access these from the tables of contents regarding this case. So for example you can go straight to the commentary references and you'll see here we've got books and journal articles and these will all be related to this particular case. So if I go so we've got here some books and chapters that are on the particular topic that this case was relevant to. So if we go to journal articles you'll see that there's journal articles on constructive trusts which this case was all about the O'Kelly Davis case. So you can see here quickly we've got a number of different journal articles that you can access and these will be discussing that case in context of the case law. So you'll notice some in fact all of them have only got an abstract and when this is the case what you can do for example going to this one here. So this journal article reports on that Court of Appeal decision so you might want to find out a little bit more about that it provides an academic opinion about the case and it's been published in Family Law. So to read the full text of this journal article you would go to the A to Z list of journals on the online library page find the link to the Family Law journal link to it and then navigate and find the year or do a search by the author's name to find this particular article. Finding journals in Westlaw if we go to the journal search this is where you might just use your own your search terms to find journal articles on a particular topic. So in my example I'm going to search for I'm going to do the secret trusts again but this time I'm going to use the subject keyword search box and again in this box when you search the subject keyword Westlaw will find your term within a list and hopefully you'll find it a list and you just choose from it. So the keywords a bit like a thesaurus that Westlaw use standard terms and they assign keywords about five keywords to each document in the database and this is a way of finding more specific results on your topic. So secret trust is a keyword will mean that that journal article discusses it in some detail rather than it just secret rather than the phrase or the search term being mentioned once or twice and not providing a lot of information about it. So if you use free text it will just do an exact match of whatever you you're searching for but using keyword is a more focused search. So we'll just see how many results we have with this one and you'll notice that the results are all from law journals so it's much more specific than the library search. You can see that we've got some is abstract and some abstract and full-text. So if you and we've only got 59 results here if you had a lot more you might want to use the filters to for example use by filter by date to make sure you just perhaps using more recent ones you might want to have a look at the document type. For example if you limit your search to case comment these will just be journal articles that discuss specific cases so if you wanted to be able to make reference to cases in your assignments then this would be a good way to identify them.

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