Volume II, Chapter §2.3 The Foundations of Legal Research |
Cartwheeling: Word Association
Introduction
"Cartwheeling" is a word association technique. It is simply a way to increase the odds that you will locate relevant material within an index.
Generally, two things will determine the success of your research within an index (or using a search query).
The quality of the index
Some indexes are well developed, but many are not. But whatever the case, you are stuck with it.Your ability to cartwheel
Since the editors of indexes may refer to terms in different ways, the researcher must be flexible enough to find alternative terms and phrases that cover the same material. This is cartwheeling.
Let's say the term being researched is privilege. Before going to the index, we cartwheel the term. Ask whether there are any other terms that mean the same thing. Are there any terms that are related? Are there any related agencies that could be researched? Are there any opposites?
Here is what we come up with:
privilege
communication
testimony
witness
Now, we certainly don't want to overlook the obvious, so we start with privilege. If there is nothing there, we look under communication.
If we find communication, we should look for privilege as a subtopic. If we don't find communication, we should look up testimony.
If we are able to find testimony, we should look for privilege as a subtopic under testimony. Or we should look for communication as a subtopic. Or witness. And so forth.
Take each term, and cartwheel it until you have exhausted all terms.
CARTWHEELING
To cartwheel is to come up with optional terms to research, as mentioned. Cartwheeling is primarily a tool for using an index. Being a good index researcher is the key to being a great legal researcher. But this skill is also very helpful in developing search queries for online legal research.