Hands On with Fastcase
DC BAR PRACTICE MANAGEMENT ADVISORY SERVICE
LUNCH & LEARN
What is Fastcase?
Founded in 1999
(A tech company that survived!)
The mission was simple – create an
alternative to Westlaw and Lexis for
conducting research on primary law.
This is not just a cheaper version of the
big two, but something entirely different.
We are now partners with 28 state bar
associations, over 800,000 subscribers.
Why should you try it?
The principle behind Fastcase is a lot like Google.
More automation, less leg work.
Researching on Fastcase is not like browsing through
indexes on 90’s Yahoo.
Fastcase eliminates the “luck” element of haphazardly
finding an important case early in your research.
Find cases on purpose instead.
Access All of Fastcase for Free
Logging In
Step 1: Preliminary Research
On what issue or issues am I seeking answers?
What legal principles are involved?
Are there add’l search terms that may be useful?
How do judges talk about these concepts?
Hypothetical—McFadden v. U.S.
Issue: Whether, to convict a defendant of distribution of a controlled substance
analogue – a substance with a chemical structure that is “substantially similar" to a
schedule I or II drug and has a “substantially similar” effect on the user (or is
believed or represented by the defendant to have such a similar effect) – the
government must prove that the defendant knew that the substance constituted a
controlled substance analogue, as held by the Second, Seventh, and Eighth Circuits,
but rejected by the Fourth and Fifth Circuits.
Step 2: Generate Key Concepts
Question:
• Must the state prove defendant knew a substance is a controlled substance
analogue to obtain a conviction for selling it?
Legal Principles:
• Scienter / Mens rea
• Controlled substance laws
• Analogue Enforcement Act of 1986
Additional search terms:
• Drug dealing; synthetic drugs
Step 3: Start to Develop a Search String
Step 4: “Deepen” Your Search
Use synonyms:
• Drugs or marijuana or (controlled w/5 substance*)
• Sell or sale
Use wildcards:
• Mari?uana — Marijuana; Marihuana
• Sell* — Selling; sell; sells.
Use proximity searches, not exact phrases:
• (sell* or sale) /10 ((synthetic or analog*) /5 (substance or drug*))
Step 5: Experiment as Necessary
Change proximity:
• Changing w/10 to w/20 may still yield
relevant results, use different combinations.
Add More or Different Synonyms and Terms:
• Use the language/statute sections of the
opinions you may have already found.
Broaden/Eliminate:
• A particular term may be throwing off your
whole search because it is not widely used.
Do Not’s
Put long phrases in quotes:
• Save “exact phrase” quotes for legal terms of art, usually only 2-3 words
Rely Heavily on Natural Language Search :
• Save natural language searching for much earlier in the research process
Only use Quick Caselaw Search:
• Advanced Caselaw Search gives you more options, like limiting date range and
jurisdiction.
Give up too soon:
• Some legal research problems take longer to get started, keep experimenting for at
least 30 minutes, even if you have not found anything yet.
Let’s Give it a Shot:
Fries on the Metro
• What’s is the basis of those no eating on the metro signs? How would we find a
good case that sums it up?
More Practice
Problem 2: Cell Data
• Can the police, after seizing a cell phone from a person as part of an arrest, look through the
phone's data without a warrant? Search only Federal Appellate decisions that are less than 10
years old.
More Practice
Problem 3: The Stipulation
• Your client is being prosecuted for illegal possession of a firearm under a Pennsylvania statute
(18 Pa.C.S. § 6105) because he has a prior felony conviction that disqualifies him from legally
possessing firearms. If you stipulate that your client is within the class of persons that is not
permitted to possess a firearm, is the prosecution still allowed to introduce a record of the
disqualifying conviction?
More Practice
Problem 4: Encapsulated
• You are representing a client that was recently arrested for possession of a controlled substance
in Virginia. After a brief encounter, your client gave the arresting officer permission to “pat
him down” for weapons, but not search his person, at which point the officer felt capsuleshaped objects and retrieved cocaine from the defendant’s pocket. What’s a good search to look
for criminal procedure cases that may help your client?
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