Glossary

The online point from which you begin research in an online environment, usually a specific URL. Access points include, but are not limited to, a service, a webpage, a standalone database, or a search engine.

Name given to a range of technologies that allow machines to simulate human cognitive abilities or perform tasks typically associated with intelligence.

The human tendency to favour decisions made by automated systems instead of making the effort to verify or seek out information themselves.

A weighted position in favour of or against a perspective, idea, or issue, or a particular and persistent perspective on an idea or issue.

Draft legislation that is proposed but still moving through the legislative process.

Time spent working on a specific file, for which a legal professional bills the client based on their hourly rate or a flat rate (sometimes referred to as "fee for service"). The time you spend searching for legal information, whether or not your searches have been fruitful, is usually calculated as part of your billable time.

A type of search using keywords in combination with search syntax like AND, OR, and NOT, which dictate the relationship one keyword must have to another for the computer to determine relevant results. This type of search contrasts with “natural language search”, where the user enters their query using language as they would naturally speak or write.

A search technique used with a resource or database that has a table of contents or index, whereby the researcher skims either of those parts, in a focused way, looking for information that is conceptually relevant to their research topic or issue.

A short summary of one single decided issue in a case. Since some cases decide several legal issues, one case may give rise to more than one digest.

An inventory of books, articles, and other resources in a specific library’s collection, which a user can then search across online.

Using one relevant resource to locate more by following the chain of citation — reading sources that both cite and are cited by your target resource. Also called cited reference searching.

A tool that shows where your target resource has been cited. When you use a citator, you are trying to find cases or secondary sources that have cited a target case or legislative provision. Citators will also indicate the quality of that citation — whether your target case or provision was cited and relied on, for example, or treated negatively.

A means of categorizing information by topic. Classification systems are hierarchical, moving from most general at the top to most specific at the bottom. For a given topic there can be any number of subtopics, sub-subtopics, etc. Each classification is given a code of descriptive phrases and/or letters and numbers that allows you to refer directly to that topic. Various classification systems are deployed throughout legal resource types including legal encyclopedias, digest databases, journal indexes, and law library catalogues. Different resources may use different classification systems. There is no one system used by all resource types. A classification system can also be called a taxonomy.

A method of recording a search so that you or another researcher can recreate the series of steps or “clicks” you performed at a later date. A click path should identify essential search elements such as: the date of your search, the access point from which you began, any sub-databases or tools that you then navigated to, and any specific search techniques like filtering or keywords with Boolean connectors.

Legislation that has been updated to incorporate amendments into its text (cf source law). The process of incorporating these amendments is referred to as consolidation.

An established list of terms that are assigned as subject headings to a resource, document, or other item in a database based on its content, subject matter, or other distinguishing features. Using a set list allows all resources under a particular subject to be viewable together, even when they each individually use different words, synonyms, or related concepts to describe that subject. (cf taxonomy)

The state of having up-to-date knowledge on a topic. A legal researcher should maintain current awareness by actively monitoring new developments in the law through a wide range of tools, depending on the type of resource a researcher is hoping to track (e.g. case law, legislation, or secondary sources).

A searchable collection of information stored electronically and organized in such a way that information can be searched on various dimensions. Westlaw, Lexis, and CanLII each contain dozens of legal information databases.

An expense incurred and paid on behalf of a client for a specific good or service, the benefit of which accrues to that client. (cf overhead)

In economic terms, the disruption of the commercial supply chain whereby the “middleman” is eliminated, resulting in a direct-to-consumer pathway for goods and services. In legal research, the recent phenomenon whereby large amounts of information are available direct-to-researcher, without any intermediation (guidance in locating or interpreting that information, or editorial vetting of the resource), as might be provided by a legal information expert (law librarian) or an editorial team including peer reviewers.

The act under which a regulation is made. The enabling statute delegates the authority for the creation of regulations.

The entirety of a resource, such as the whole article, book, or case. This is in contrast with databases that contain only summaries (like a case digest database), bibliographic information, or metadata about a resource.

Artificial intelligence that creates new content such as text, images, video, or other media. Often used synonymously with the type of large language model (LLM) chatbots made famous by ChatGPT.

As a noun, a list that records words, concepts, and/or phrases as they appear in a resource, or that summarizes the features or content of a resource, to facilitate a user’s ability to locate information. E.g. the index found at the back of a book or a journal index.

As a verb, the act of organizing and storing words, concepts, or phrases in an index. E.g. a search engine indexes words on webpages; a journal index indexes the bibliographic information that identifies journal articles.

The past participle, indexed, indicates the state of being included in an index. Understanding where certain types of resources — like legislation or case law — are indexed online impacts the choices you make for researching those resources.

The set of abilities a legal researcher must develop, including the ability to successfully find, assess, use, and apply information regardless of format, access point, or paradigm. Information literacy addresses the characteristics of information itself — its source, its precursor documents, how it is accessed and indexed — and focuses on where, how, when, and why to find that information, rather than how to use a specific database, search engine, or research tool.

Any behaviour or activity the goal of which is to locate or obtain information. In legal research, it is distinct from the acts of information synthesis and analysis. All three elements taken together — information seeking, synthesis and analysis — are the essential building blocks of legal-problem solving.

A finding tool that allows users to identify and/or retrieve journal articles based on metadata such as title, subject, or author whether the full text is in the database or not. Also called a periodical index when the scope encompasses other types of periodicals.

A specialized type of authoritative traditional secondary source. Legal encyclopedias provide short summaries of the law with citations to the applicable legislation and leading case law.

Information about a resource such as the author, abstract, headnote, title, table of contents, subject classification, or description of a resource, but no actual text of the resource itself.

A type of search where a user enters language in the search field as they would naturally speak or write. This is in contrast to Boolean search, where a user must follow a specific syntax that the computer is programmed to interpret in a certain way.

A category of secondary sources that are published in a less formal, more flexible way, using formats that are easily generated and easily accessible online. For example, legal newsletters, blogs, social media, and podcasts.

Ongoing operational expenses that are not directly tied to specific client file, but which are instead essential for the general operation of the firm, like salaries, rent, or office supplies. (contrast with disbursement)

Any serial publication that includes shorter works written by more than one contributor and that is published at regular intervals (usually more than once per year). Law journals and law reviews, magazines, and association newsletters are all examples of periodicals.

A link that is designed not to break or degrade over time. URLs are often susceptible to “link rot”, which means that a URL stops pointing to the correct file or webpage. A persistent URL or a permanent URL overcomes this issue and doesn’t break when the content in question is moved to a different website or the web URL of the original information changes.

Primary sources of law include legislation (such as statutes and regulations) and the decisions handed down by courts and administrative tribunals. Primary sources establish and carry the full weight of the law, and as such are the sources you will rely upon in most legal writing.

The combination of tools and techniques which together form a systematic approach for locating and retrieving legal information for problem solving.

In the context of legal research, something that has value or utility for fulfilling your information-seeking need, such as a case, statute, ebook, journal article, blog entry, newspaper article, etc.

An automated syndication technology that delivers updated online content such as a webpage, blog, podcast, or news source to an RSS reader app or to your email inbox (depending on your email client).

A software application powered by an algorithm, which enables users to search across large repositories of information. A search engine selects and returns results based not only on the search terms entered by the user, but also based on other selection criteria built into the algorithm, which are usually not known to the user.

The term is sometimes confused with a web browser, which enables access to online content including search engines (a browser is also a software application, but is stored locally on a user’s computer). For example, Alphabet Inc.’s proprietary browser product is called Chrome; its search engine is called Google.

The type of symbols that are used as Boolean operators to connect terms in a search, as well as the order in which they must be placed to retrieve the desired relation between keywords. Syntax differs from service to service or database to database, so a researcher should look up the syntax before searching.

Sources that provide commentary on the law such as treatises, encyclopedias, and articles. They have two basic functions: they explain the law and point the reader towards the relevant primary sources of law. They should always be consulted at the beginning of the research process.

A service is a collection of research tools and databases available from a single access point. In legal research, a service provides a wide range of information and may also offer additional value-added elements (like annotations, classification schemes, or commentary), as well as useful tools or integrated functionality to facilitate searching. CanLII is a free service. Lexis and Westlaw are commercial services, which means that an organization or individual must purchase access to them.

Legal information of a particular type, presented in a specific format, identifiable by a citation. Also used to differentiate between categories of sources that share similar features, as in primary sources and secondary sources.

Law as it appeared when first enacted. (cf consolidated law)

A powerful search technique available in a limited number of databases. Databases organized by subject or topic collect all information relevant to a single topic under a classification. Researchers can see a list of topical classifications, navigate to those most relevant to their research issue, and then browse or search within that classification.

The particular framework of terms (a controlled vocabulary) used in a service to classify information according to topic; a key feature of databases that allows subject-based searching.

Any observable information-seeking strategy. Techniques can be used alone or in combination and are tailored for the specific information-seeking goals of the researcher.

Secondary source formats that pre-date the online information environment. These formats have long been established in the field of law and legal information and include books, journal articles, treatises, and case comments. (cf non-traditional secondary sources and primary sources)

The process of validating information in search results by comparing multiple sources, looking for credible commonality. Supported by the technique of “lateral reading”, that is, reading across online sources “to assess and corroborate information before determining the credibility of any single source.” (Obar, 2021)

Traditionally, cases not editorially chosen for inclusion in a print case law reporter, which meant that they would be unpublished and could only be accessed by request from the court. These decisions were considered less important than those that were published in a reporter. Today, many unreported cases are nevertheless made available online via the research services, so the term is sometimes used to refer to decisions that are difficult to locate, or unwritten decisions (e.g. oral reasons).