Chapter 2 - The Foundations of Legal Research

2.4

Accessing Law Books: The Index

  • Segment ProgressBar
  • Image of page from an index.

    INTRODUCTION

    Most of us were never taught how to properly use an index. In order to be a great researcher, you must understand the "hierarchical" structure of an index. Spend a while on this section until you understand it. Once you get it, it will seem easy.

    Be aware of the fact that almost all research utilizes an index, or when online, a search query. The skill of index research is critical. Cartwheeling is a technique used to research within indexes, but it also can be used for online research in creating your queries. Think of it as a word association game!

    The quality of the index
    Start paying especially close attention to signals, as described in this section of the Manual. There is a natural instinct to become frustrated and think "this is just running me around." But the truth is that a signal is good news. It means that the book has the material, but just not where you are looking.


    Thumbnail of encyclopedia index
    Encyclopedia Index
    ViewPoint
    Click here to get a closer look at an index from a legal research book




    Paralegal Persepctive . . .

    INDEX SIGNALS
    For some reason, signals confuse some researchers. First of all, accept the fact that signals are provided to help, not hinder, the researcher.

    SIGNALS ARE OUR FRIENDS!
    A signal is simply saying 'We cover this material, but in a different location.' As a paralegal, use these tools to be more productive when researching.

    When utilizing indexes for research, you must be familiar with and use the signals provided by the index. The natural inclination when a beginning researcher sees things such as "see Witness this index" is to assume she or he is being given the runaround. But an experienced researcher knows that a signal is good news. It is saying, "you're getting warmer, but go here instead."

    The major signals are:

    supra
    This means what you are looking for is to be found earlier within the topic being researched.

    Example: While researching the subtopic of spouses under the topic of privileges, the index tells you to go to husband and wife, supra. This means that instead of the subtopic of spouses, the researcher should check the subtopic of husband and wife within the topic of privileges. infra.

    This tells the researcher to look below within the same topic.

    Example: While researching the subtopic of adultery under the topic of marriage, the index tells you to go to divorce, infra. This means that the researcher should find divorce within that same topic. The researcher could then look for adultery as a sub-subtopic within divorce, which in turn is the subtopic of marriage.

    see (or this index)

    Just what it says. It tells the researcher to see this instead of that!

    Example: While researching the topic of spousal communications privilege, the researcher is told by the index to see Witnesses, this index. This indicates that the researcher should look within witnesses, and will most likely find the spousal communications privilege as a subtopic there. Incidentally, the term this index refers to the entire multi-volume index, not just the volume the researcher is currently in.


    Lecture Notes . . .

    Index Research: The Hierarchical System

    The pages in the manual discussing the hierarchical system of indexing should be used as a reference in case you get frustrated in an index. Remember that each level of indentation represents a sub-level. Always work back one indentation at a time. The mistake many make in indexes is the tendency to see a topic, then go to the line immediately above. That is a mistake. The researcher should go to the next indentation level above, and the next, and the next, until the main topic has been reached.


    Commonly Asked Questions

    If the tool below does not function properly, CLICK HERE to open in a new window.