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CaseFinder CaseFinder CaseFinder CaseFinder User`s Manual

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1. 5 Installing CaseFinder on a Server from the Console 6 Workstation Sp a E 7 PS DD ON Al Updatme nd Maintenance lt a WA al k AA ladan Ek n 7 Unmstallins Caseking 5 sl 8 Chapter Three A Simple Search Request 9 Stat GaSe DE al iaa 9 US A A Sene na ye kerin be a0400 N N D W na akena d 9 SEMEL die AAA wuechaass a 10 A Launch the Carla DD rr aa sevieeanuuntehenees 10 5 Examine the Search CSUN ici 11 6 VIEW the Docu Mme DD rrr rm Kr 11 Seema hes Hits IN Context sde 13 Hyperlinkans Eundamentals ani ida 13 Returning to the Search Request Screen ccccsseeseeeeeeeeceeeeeeeeeeees 14 ELCANO N Dr oa a 14 Chapter Four Formulating Search Requests 15 A New Way OF Pints et 15 Think Li ku the tor och a esel ere enecel leye lili 16 Chapter Five Power Searching 4 2 1 j 17 VV OR Cg ae deyn Ke kalen e eb tases rek S N el Ne H e QO B R d SAQ eke E DON ab oatetan 17 P L ASO Si pirenen i E ural en sune ku ella kaban evane ew de i peye wesle n yaran yee era 18 The Word List iS Your Prendas 19 Conectada 19 R sular ONMCCLOLS coins a 20 Proximity Connector sorda 20 Parentheses RUIE netas dro ggmmmg2o0g 21 Savio Scar Requests aae 21 Chapter Six Additional Searching Tools 23 Possessives Plurals and Past Tenses MhAh j e keke 23 Sy LION
2. fff CaseFinder Document Viewer File Edit Tools Window Help Next Hits Library Srch History Cited Citedl y Brwse Brwse Doc Down List List list n CD n Web P Prior Next Search Results 1 53 272 Va 353 Janvier v Arminio E Janvier v Arminio 272 Va 353 634 S E 2d 754 2006 N IN THE SUPREME COURT OF VIRGINIA CONTROL BUTTONS GE INDICATOR BETHANIE JANVIER v GARY ARMINIO D P M ET AL SOURCE OF DOCUMENT NOTE INDICATOR Record No 052231 Decided September 15 2006 Present All the Justices In a medical malpractice action an order granting the plaintiff a second nonsuit without prejudice pursuant to Code 8 01 380 B was not INFORMA TION BAR void ab initio due to a failure to give notice to the named defendants who had not yet been served Since the order was not void upon a A HYPERLINK proper finding that the second nonsuit order did not result from fraud the trial court had no authority to vacate the second nonsuit order after it became final 21 days following entry The action re filed within six months of the entry of the second nonsuit order was timely Rulings of the trial court are reversed in part and the case is remanded for further proceedings Practice and Procedure Nonsuits Second or Subsequent Nonsuits Notice to Defendants Not Served ys rocess Void Orders Finality of Trial Court Orders 21 Days After Entry Appellate Practice Co
3. 19 Regular Connectors For most of your searches you will use the three common Boolean connectors AND OR and NOT In fact most of the time you will probably only use AND The AND connector is far and away the most useful connector because it narrows the results of your search AND requires that both the item before the connector and the item after the connector be present anywhere in a document Because CaseFinder searches the entire text of the document every document that contains words connected by AND in a search request will appear in the results list even if the words are so far apart within the document as to have no meaningful relationship Using this fine toothed comb approach you can be sure that you will not miss a possibly relevant document But it is tedious to wade through a long list of cases when many of them are not relevant which is likely if the words in the search request are quite common In this case one of the Proximity Connectors see below might be used instead to produce more focused search results Another way to focus the search results is to select search terms that are more specific The or connector bro adensa search Unless modified by the placement of parenthe ses the items immediately preceding and following the or connector are treated as synonyms Thus to satisfy the search request child or infant CaseFinder would select any document containing either or both of the words child or infant
4. 4 It is neither a disease to which an employee may have had substantial exposure outside of the employment nor any condition of the neck back or spinal column 12 13 Reversing the judgment of the Court of Appeals and entering final judgment for the employer we said that Code 65 1 46 now 65 2 fie E Ri 3 400 relating to occupational diseases requires that the condition for which compensation is sought as an occupational disease must first quali 5 It is incidental to the character of the business and not independent of the relation of employer and employee and 9 p q P 9 p qualify as a disease 246 Va at 432 436 S E 2d at 601 However we said neither the Commission nor the Court of Appeals determined whether the claimant s rotator cuff tear was a disease but rather found the tear compensable as an occupational disease because there was a causal 6 It had its origin in a risk connected with the employment and flowed from that source as a natural consequence though it need not have connection between the tear and the work place by applying the six factors listed in Code 65 1 46 now 65 2 400 This causality analysis Hits Relevance Date standing alone we stated does not comply with the requirements of the Act for determining compensability of an impairment and furthermore would permit the allowance of compensation for any ailment as an occupational disease as long as it is shown to be causall
5. Choose Start New Synonym Group and click the Add button as shown on the next page Now type vehicle in the New Word blank and choose automobile from the is a synonym of list and click Add You can enter several words phrases or acronyms delimited by commas at one time to quickly create a Synonym Group 23 Synonyms Ewan When a word in the list on the upper left of the Synonyms En window is highlighted its synonyms appear in the window on the upper right To delete a single word highlight it in the list on the Tal left and click Delete To delete a word along with all of its sibling synonyms in the Group highlight the word in the list on the left Fata and click Delete Group The status of the Synonyms feature is determined and displayed in the Synonyms check box in the Settings panel of the Search Request screen When the box is checked this feature will automatically apply to any word in the search request which is a member of a Synonym Group Time Frame CaseFinder normally returns all documents found in response to a search request regardless of age You may want to limit the results of your search to only those documents which were issued after a particular date or possibly between certain dates You can use the Time Frame feature in the Settings panel at the Search Request screen to do this When the Time Frame check box is unchecked the word Unrestricted appear
6. CASEFINDER PUBLISHED BY Geronimo Development Corporation 606 25th Avenue South Suite 201 St Cloud Minnesota 56301 Copyright 2000 2008 by Geronimo Development Corporation Designed written and edited by Russ Armstrong Elizabeth Oyster and Briana Wentland All rights reserved No part of the contents of this book may be reproduced or transmitted in any form or by any means without the written permission of the publisher Microsoft is a registered trademark and Windows is a trademark of Microsoft Corporation dtSearch is a registered trademark of DT Software Inc Shepardize is a trademark of LEXIS NEXIS CaseFinder is aregistered trademark of Geronimo Development Corporation Table of Contents Chapter One Overview sscc sssssseoosseeseeeeee 1 The Structure OF Cast RINSE iia 1 Assumptions About Your Windows Ability eeeE 1 Conventions Used in This Manual M kek 2 OnLine e Pri ct E 2 i Evel GSU OLE e dah DD DD DD e 2 Chapter Two Installation and Updating 3 Dy SECT RE QU INC TS yeke y k KON gile ae eke Sl sa b ra rin n dos 3 Installation Generally ayn aos 3 Licensins Considera ONS ales 3 Concurrent Use Perminits rat tias 3 Installing CaseFinder on a Standalone Computer E EEEUU U U U UULUIEUI 4 Network Installations Generally LL ee 5 Installing CaseFinder on a Server from a Workstation
7. ax National Fruit Product Co v Staton 28 Va App 650 File Edit Tools Window Help New Leaf Inc v Webb 26 Va App 460 pp Next Cite Library Srch Cited Keep History Cited Cited Brwse Brwse Southern Express amp Harleysville v Green 26 Va App 439 Doc Down list list n List List List nCp n web P Prior Next Lindenfeld v City of Richmond Sheriff 25 Va App 775 CD Documents citing 65 2 400 1 738 263 Va 365 Fairfax County Fire amp Rescue Dept v Mottram E Jones v E I DuPont de Nemours amp Co 24 Va App 36 T Allied Fibers v Rhodes 23 Va App 101 Fairfax County Fire amp Rescue Dept v Mottram 263 Va 365 559 S E 2d 698 2002 n E vpo Yazaki Co v Snyder 21 Va App 605 A E ju u nw nnn A Atte hee ra 738 Documents 5 p PRE B IN THE SUPREME COURT OF VIRGINIA FAIRFAX COUNTY FIRE AND RESCUE DEPARTMENT ET AL v RANDALL U MOTTRAM Record No 010791 The text of 263 Va 365 would be simon ane Present All the Justices di splayed in the D ocument Viewer Note that In a workers compensation proceeding involving a county emergency rescue worker the Court of Appeals correctly ruled that post traumatic stress disorder is a disease but erred in concluding in this case that it is an ordinary disease of life as opposed to an occupational disease as the Document Information Bar informs us that BAL KERE KAWA KOK LL KE a eT Workers Compensation Oc
8. If the or connector is used in conjunction with the AND connector parentheses should be inserted in the search request to define the effect of the or connector See the discussion on the next page The NOT connector excludes a document which would otherwise be included in the search results if the document contains the item following the NoT connector For instance to satisfy a search request for subpoena NOT duces tecum a document must contain the word subpoena but if a document also contains the phrase duces tecum the document will be excluded from the search results Be careful The Nor connector can have unintended results The word you exclude may be mentioned in a document which is otherwise relevant Proximity Connectors Two Within Words buttons provide proximity searching to make your search request more precise Proximity searching requires a word to occur within a certain number of words before or after another word Initially these buttons are labeled Within 3 Words and Within 100 Words On the right edge of each button is a pair of spin buttons which you use to set the maximum number of words separating the items The up spin button increases the number the down spin button decreases the number The Within 3 Words button is incremented by one the Within 100 Words button by ten To satisfy a proximity request the items can be found in either order as long as they occur within the selected number of words of each other All words
9. S E 268 268 1925 If the Commission s findings of fact are not based on credible evidence its findings are not binding and the question presented becomes one of law Great Atlantic amp Pacific Tea Co v Robertson 218 Va 1051 1053 243 S E 2d 234 235 1978 citing Conner v Bragg 203 Va 204 207 123 S E 2d 393 395 1962 accord Gabriel 272 Va at 664 636 S E 2d at 411 American Motorists Ins Co v Summers 183 Va 428 431 32 S E 2d 673 674 1945 Page 89 4 Pursuant to Code 65 2 502 A an employer is required to pay to an employee with partial incapacity for work resulting from an injury a weekly compensation equal to 66 2 3 percent of the difference between his average weekly wages before the injury and the average weekly 5 Hits 10 Relevance Date 1 11 2008 41 fff CaseFinder Document Viewer File Edit Tools Window Help CaseFinder will open that case at the rem Jaran are etme c sere en 1 In reviewing the cases the Court of Appeals treated as findings of fact the Commission s holdings that the impairments suffered by the three P employees were diseases within the contemplation of the Act The court then undertook a limited appellate review inquiring only whether the paee Cited in the p inpo int hype rlink findings were supported by Page 192 credible evidence Finding there was such support the Court of Appeals upheld the Commission s awards 2 We disagree with th
10. The name of the case and its citation will always be displayed in the Document Information Bar The position of the case on the Search Results List or other List from which the document was accessed is shown in the Source panel to the left of the Document Infor mation Bar The Note icon to the immediate right of the Document Information Bar will be yellow if you have previously created a note for the current document The Page indicator to the far right shows the page upon which the first word in the first line of text at the top of the screen falls To move up or down in the text of the case one line at a time use the up or down arrow keys or click the small buttons at the top or bottom of the scrollbar on the right side of the Document Viewer To move up or down a screen at a time use the lt Page Up gt or lt Page Down gt key or click in the grey area of the scrollbar above or below the blinking thumb If your mouse is equipped with a wheel moving the wheel scrolls the text you can set the sensitivity of the wheel see Ch 12 Customizing CaseFinder To move quickly to a page within a case select Go To Page from the Tools menu enter the desired page number and click OK To view the next or previous document ior Next Hits Library Srch History Citedt Cited y Brwse Brwse oc Down List List list n CD n Web X P Prior Next ZEN A that was on the Search Results List you don t Berr
11. titles chapters subparts etc will contain relevant documents In addition the names of the subdivisions are useful clues as to the applicability By first displaying the subdivisions CaseFinder lets you get to the good stuff more quickly more on that below Consider In our example if CaseFinder had simply displayed all 378 hit gt _ gt mm sections in the order in which they occur in the Va Code you would have to scroll down 152 sections to find the first section occurring in the title on Military and Emergency Laws z 5 Ea de Title 24 2 Elections de Title 28 2 Fisheries and Habitat of the de Title 29 1 Game Inland Fisheries and de Title 30 General Assembly ode Title 32 1 Health de Title 33 1 Highways Bridges and Ferr de Title 36 Housing 0000000000 D00000000 nm m Ew pr In In N i verur N sis i e si uu Bile c Sne Pnn se s Ba fff CaseFinder Search Request Screen In the illustration above if you double oe tee click on Title 44 the next screen will display the gt na amo five Chapters of Title 44 that contain hit a mci sections If you double click on Chapter 1 a i E Military Laws of Virginia the next screen will Cm sal A display the sixteen Articles of Chapter 1 of Title 44 that contain
12. 21 Name Cite Rank Chap 1 Military Laws of Virginia 55 44 1 44 122 159 Chap 2 Armories Buildings and Grounds 55 44 12 6 Y Chap 3 2 Emergency Services and Disaster Law 55 2 Chap 4 Air Raid Precautions 55 44 147 44 151 1 t Y Chap 7 Miscellane 2 ws 55 44 204 44 208 If you double click on Title 44 the next List will show five Chapters within Title 44 that have hit sections double clicking on a Chapter will bring up a List of Articles etc Back Fast Forward Print List Elapse d Time 0 20 30 If instead you click on Fast Foward when Title 44 is highlighted you will go directly toa PTA List of all 170 sections in Title 44 that were hit OE de Chap 1 Military Laws of Virginia 85 44 1 44 122 and almost immediately the first section in the sia KANE ae 44 1 Composition of militia The militia of the Commonwealth of Virginia shall consist of all able bodied citizens of this Commonwealth Li St will be di splayed 1n the Document Viewer and all other able bodied persons resident in this Commonwealth who have declared their intention to become citizens of the United States who are at least sixteen years of age and except as hereinafter provided not more than fifty five years of age The militia shall be divided into four e i classes the National Guard which includes the Army National Guard and the Air National G
13. History List All of these features are dis cussed in other Chapters of this User s Manual 13 In an action to collect upon a debt contract used to finance the purchase of a motor vehicle the trial court did not err in granting plaintiff s request for a nonsuit made prior to the defendant s lodging of a motion to dismiss for failure to satisfy the one year requirement set forth in Rule 3 3 c and Code 8 01 275 1 The judgment granting the nonsuit is affirmed service of process Practice and Procedure Nonsuits Service of Process One Year Rule Service After One Year Timing of Motions and Nonsuit Applications Statutory Construction Rule 3 3 Code 8 01 275 1 Defenses Bars to Suit Vested Rights Due Process The plaintiff financial company filed suit in general district court to recover the balance due under a contract to finance the purchase of a motor vehicle and arranged service of process through the Secretary of the Commonwealth When the defendant defaulted plaintiff commenced garnishment proceedings After receiving the garnishment summons which was the first time plaintiff became aware of the judgment against her defendant filed a motion to set aside the default judgment claiming that the service of process through the Secretary of the Commonwealth was invalid The general district court granted the motion and vacated the default judgment finding that it was void for lack of jurisdiction
14. a nonsuit made prior to the defendant s lodging of a motion to dismiss for failure to satisfy the one year requirement set forth in Rule 3 3 c and Code a ME The judgment granting the nonsuit is affirmed service of process Hyperlink 1 8 01 275 1 When service of process is timely Text in effect from and after July 1 1994 Practice and Procedure Nonsuits Service of Process One Year Rule Service After One Year Timing of Motions and Nonsuit ns Applications Statutory Construction Rule 3 3 Code 8 01 275 1 Defenses Bars to Suit Vested Rights Due Process Title 8 01 Civil Remedies and Procedure Chap 7 Civil Actions Commencement Pleadings and Motions 8 01 270 8 01 284 PT j Ka s U The plaintiff financial company filed suit in general district court to recover the balance due under a contract to finance the purchase of a motor Art 2 Pleadings Generally 8 01 271 8 01 281 k fa ee vehicle and arranged service of process through the Secretary of the Commonwealth When the defendant defaulted plaintiff commenced rar o A garnishment proceedings After receiving the garnishment summons which was the first time plaintiff became aware of the judgment against her 8 01 275 1 When service of process is timely Service of process in an action or suit within twelve months of commencement of the a ji a a defendant filed a motion to set aside the default judgment claimin
15. an employer is required to pay to an employee with partial incapacity for work resulting from an injury a weekly compensation equal to 66 2 3 percent of the difference between his average weekly wages before the injury and the average weekly bd Hits 10 Relevance Date 1 11 2008 40 If you call up one of the Lists and open a document from it the chain of hyperlinked documents will be lost fill CD Documents citing 65 2 400 Ley J Return Print List Print AII Name Cite a En a Inthe example above when we were Bass v City of Richmond Police Department 258 Va 103 E lew Leaf Inc v el a ra looking at Va Code 65 2 400 if we had clicked on fp The Stench oe v e 251 vue x a 2 Br mas nc le dava Ape d9 the CitedIn CD button the CitedIn List would Same eros r oe eal tee appear If we then double clicked on a recent case mes v James City County of Fire Owens v York County Fire and Rescue 38 Va App 354 E Lee County School Bd v Miller 38 Va App 253 s je ke e T E Lanning v Virginia Dept of Transp 37 Va App 701 li sted 1n the CitedIn li st 263 a 3 65 B Mottram v Fairfax County Fire and Rescue 35 Va App 85 gt cwana E The Genie Co v Hammer 32 Va App 257 E Ogden Aviation Services v Saghy 32 Va App 89 City of Portsmouth Sheriff s Dep t v Clark P Va App 545 m SS
16. and any custom colors you ve previously defined Click on the box with the color you want or click on the Define Custom Colors button to create a Custom Color Click on OK when you re done then click on Apply at the Options tab to see what you ve done to your Viewer Effects settings are changed by simply clicking on the check box in front of the effect that you would like to enable or disable These setting can help the amendment changes stand out in any way you prefer Rearrange Databases Rearrange Databases can be found under the Tools menu at the Search Request Screen When you select Rearrange Databases a toolbar will appear to the left of your database list Select the database to be moved by single clicking on it to highlight it Choose from the top up down and bottom buttons to move the database to the desired position Click on Done when finished to close the toolbar Dual Screen Viewing Option If your monitor is set to one of the higher resolutions 1024 x 768 1152 x 864 1280 x 1024 1600 x 1200 or higher you should try out the dual screen viewing option Click on Tile Windows Horizontally or Tile Windows Vertically under the Windows menu at either screen 51
17. character and the wild card character Thus if you are sure that the case you want is in volume 364 of the U S Supreme Court but you only know that the page was 270 something go to the Search Request screen choose the U S Supreme Court database enter 364 U S 27 and click the Search Cites button This is also handy to get to the full text when you re looking at a printed document that bears a citation such as Rosenberg supra at 277 47 48 CHAPTER TWELVE CASEFINDER CaseFinder is loaded with options to let you customize its look and feel Most of the options can be accessed by selecting Options from the Tools menu at either the Search Request screen or the Document Viewer A Dual Screen Viewing Option is available from the Window menu Accessing the Options Panel Click on Options from the Tools menu at the Search Request screen or at the Document Viewer The Options panel will appear with six tabs across the top Each tab is discussed below Search The top portion of the Search tab lets you customize the settings for the Word List see Ch 4 Formulating Search Requests The check box lets you disable the Word List completely The Expand after typing box and spin buttons let you choose how many letters to type before the Word List opens up the default is 3 We recommend against setting it any lower than that simply because listing all the words that begin with
18. count and adjacent words are within one of each other 20 A search request can contain more than one proximity connector for example findings w 2 fact and prosecution w 20 law Notice the format of the proximity connector in the search request a w followed by a forward slash followed by a number it s easy to type proximity connectors Parentheses Rule Parentheses control the order in which CaseFinder will process the items in a search request Items within parentheses are processed first When parentheses are nested the deepest items are processed first Consider this ambiguous search request fool OR attorney AND himself or client Parentheses add precision fool OR attorney AND himself or client In this situation CaseFinder will locate any document which contains the word fool along with any document which contains the word attorney as long as that document also contains either the word himself or the word client Saving Search Requests When a search request produces results it is automatically added to a list called Prior Search Requests This Session which is available in the Search Requests tab at the Search Request screen The list is retained only until you end the session by exiting the CaseFinder program or until you click on New Session at the File Menu of the Search Request screen The list contains all your search requests from the current session the most recent requests listed first If
19. double click on Title 44 generate the screen showing five Chapters then highlight Chapter 2 and click Fast Forward CaseFinder will generate a list of the six hit sections within that Chapter and open the first one in the Document Viewer 33 The Citedin List When a document is displayed in the Document Viewer the CitedIn CD and CitedIn Web buttons will identify any cases in CaseFinder that cite the current document The CitedIn CD button will indicate whether any case in any of the judicial databases on the CaseFinder CDs have cited that item If the CitedIn CD button is enabled black then the document has been cited by at least one case in the CaseFinder databas es if it s disabled grey it hasn t been The CitedIn Web button will always appear to be enabled black To check if any recent cases have cited your current document click on CitedIn Web and CaseFinder will check our website and return the results of the web search A message will be displayed if there are no web documents that cite the current document Note This does not mean that the document hasn t been cited by cases from jurisdictions not included on the CaseFinder CDs or on our website Also note that the databases on the CaseFinder discs include those courts with overruling authority When you click on the CitedIn CD or CitedIn Web button a list of cases citing the document you a
20. entering a search request Words It is of interest to note that while some dolphins are reported to have learned English up to fifty words used in correct context no human being has been reported to have learned dolphinese Carl Sagan CaseFinder is all about words Words have meaning Our basic premise is that certain words are likely to be used in any document discussing certain topics When we refer to words in this Manual we also mean numbers they are treated alike CaseFinder s databases include indexes of every word in every document in the database with the exception of a short list of noise words listed in CaseFinder s help system Words such as at and the were excluded from the indexes because 1 they are extremely common and would take up a lot of room and more importantly 2 they lack meaning and would not assist the researcher The asterisk known as a global replacement character serves a special purpose in a search request When entered as part of an item word or number it will cause CaseFinder to search for any item whose characters match those characters which precede and or follow the asterisk regardless of which characters or how many characters are substituted for the asterisk Thus if you do a search on art is CaseFinder will include in the results those documents which contain the word arteriosclerosis arteritis artherosclerosis arthritis or arthrodesis If fe
21. living color databases ae which are on a CD or hard drive that is not currently available are shown greyed out if CaseFinder needs to access a greyed out database you will be prompted to either insert that CD in your CD drive or provide the location of the database Elapsed Time 0 00 The entry for each database is preceded by a book icon Tan books represent case law black books represent statutes constitutions rules etc To include a database in a search request click on it or move the selector bar to it and press lt Enter gt When you do its book icon will open and the word Yes will appear in the column labeled Search Databases with opened book icons will be included the next time you run a search request To exclude a database from the search request click on it or highlight it and press lt Enter gt and the book icon will close Buttons at the bottom of the Database List let you Open All Close All or Refresh the databases The default order in which search results will be displayed in the Search Results List is Database by Date This means that the search results will be grouped by database and within each database they will be arranged in reverse chronological order The databases will appear in the same order as shown by the order of the open book icons in the Database list Note that when selected statutory databases black book icons always
22. network drive To do this you must install CaseFinder to a folder on the network s file server this process will place a workstation version of CaseFinder on the file server and that version can be installed to the workstations across the network Concurrent Use Permits Concurrent use permits allow more than one computer to access CaseFinder simulta neously For example assume CaseFinder is installed on the file server of a network with two workstations Workstation A starts CaseFinder If workstation B then tries to run CaseFinder it will get a message saying that CaseFinder is in use If a concurrent use permit is installed on the file server then both A and B can run CaseFinder at the same time A concur rent use permit also eliminates the requirement of having a CaseFinder Disc in the CD drive to run the program Thus if you transfer all of the databases to the hard drive of a computer and install a concurrent use permit you won t need a CD in the drive to start the program Concurrent use permits are licensed and cost much less than an annual subscription To obtain and install concurrent use permits start CaseFinder go to Help gt About and click on Permits Call us at 800 457 6045 You ll read us a code number tell us how many permits you need and for what period of time and arrange for payment We ll read you back a code number to enter into CaseFinder and it will generate the permits Installing CaseFinder on a Stand
23. suit of the slash through it which means that you can t one ta drop it just yet 8 Stan 8 131 14 GF N Paint shop Pio Image24 _ Fil CaseFinder Search Reque fil CaseFinder Documen E Document Micrasoft Word SOCOM 204AM 43 Keeping the mouse button depressed drag the slashed circle off the Document Viewer window and over your Word window It will change appearance when it gets over Word becoming a small square with a plus sign accompanied by an arrow If you move this cursor over existing text in Word you ll notice a shadowed I beam cursor to its upper left this is the point at which the selected text will be inserted when you drop it by releasing the left mouse button File Edit View Insert Format Tools Table Window Help JOSE amp amp amp BID 8 10 Uncertainty breeds litigation Govi ontr cle ey hav e been violated is iealiy es i r it was not Umbehr s new First Amendme at ontr a an abe pac que envi ee politic a afiliat or disfave el el slide litigable In shore eae Sema eni bide late he s litle FE edici BD OF COMM RS WABAUNSEE CTY v UMBEHR 518 U S 668 697 699 1996 i is ING FERRIS INDUSTRIES v KELCO DISPOSAL r age 299 place some limits on awards of punitive damages that 2 ered by a governmental entity See e g Fla Stat 768 73 2 b ern 60 of any la bos damages is payable to the Sta ate The additional damage
24. the Programs menu at the Start menu When finished click Next 7 You will be asked if you want to have a CaseFinder shortcut placed on your Win dows desktop Click either Yes or No The installation will begin and a progress bar will appear If you had chosen to transfer databases to the hard drive you may be prompted to insert the other Discs as needed 8 When the installer is done an Installation Complete screen appears You can check option boxes to view the Readme file and run the CaseFinder program Then click Finish Network Installations Generally There are two types of networks 1 client server networks which incorporate at least one central computer server from which connected workstations clients can load programs access files and utilize shared hardware devices and 2 peer to peer networks in which no central computer acts as a dedicated server but all connected computers can share programs files and hardware devices CaseFinder has been tested on both types The installation instructions which follow are for the client server network model Geronimo provides free tech support for problems related to the CaseFinder program and databases we can recognize the symptoms of network problems which will prevent CaseFinder from operating correctly and advise you accordingly but we will not perform network analysis or troubleshooting The administration of a computer network is significantly mor
25. week He also contends that it would be unreasonable to expect him to work part time for another employer because the hourly rate of pay would be significantly lower than the rate he earned working overtime at Ford And if he accepted such a position he would not be available to work overtime when Ford offered it to him In short Favinger contends that he marketed himself by simply being available upon a moment s notice to work overtime at Ford 1 3 An award by the Commission is conclusive and binding as to all questions of fact Code 65 2 706 A Bass v City of Richmond Police Dep t 258 Va 103 114 515 S E 2d 557 563 1999 Stenrich Group v Jemmott 251 Va 186 192 467 S E 2d 795 798 1996 The determination as to whether an employee seeking temporary partial disability benefits has made a reasohdble effort to market his residual work capacity falls within the Commission s fact finding and if the Commission s factual conclusion on that question is supported by credible evidence it will not be disturbed on appeal Wall Street Deli Inc v O Brien 32 Va App 217 220 21 527 S E 2d 451 453 2000 The Commission s factual findings however are conclusive and binding only to the extent that they are predicated upon evidence introduced or appearing in the proceedings Uninsured Employer s Fund v Gabriel 272 Va 659 664 636 S E 2d 408 411 2006 quoting Vanzant v Southern Bending Co 143 Va 244 246 129
26. D va Supreme Court Unpublished 4 30 2008 Within 109 Words 17 Ava Court of Appeals Published 4 30 2008 Search subset e e ja Attorney Gel s Els onflict o t i START SEARCH ENTRY BAR 4 30 2008 BUTTON pe _ TABS CONNECTOR here BUTTONS wre List oF DATABASES M A workers Comp Published 12 31 2000 Workers Comp Unpublished 4 30 2008 SEARCH OPTION SETTINGS PANEL Open Al Close All Refresh 2 Select a Database To perform a search in CaseFinder you must first open one or more databases The names of all of the databases in your CaseFinder system are listed in the first column of the Databas es tab at the Search Request Screen The date through which a database 1s current appears in the second column and if the database is already open the word Yes appears in the third column Depending upon how you installed CaseFinder some of the databases may not be immediately available usually because you are running CaseFinder from a single CD drive and they are on one of the other CDs These databases will be greyed out If CaseFinder needs them you will be prompted to swap CDs or provide a location for the database Clicking 2 en ro A once on a database will open it its book icon HE Pi s will open even if it is greyed out Single click En I as an op
27. Note icon lights up indicating that you attached a Note to this document To see what you said click on the Note icon While the Note Viewer is open all of the functions of the Document Viewer can still be used and the Note Viewer can be dragged around the screen However if you switch to another document the Note Viewer will close Notes can be edited using standard Windows editing procedures Simply enter your changes and click on Save from the Note Viewer s File menu In addition the Windows clipboard works with the Note Viewer so you can move text into or out of the Note You can also print or erase the note from the Note Viewer File menu 14 q CHAPTER FOUR ZA FORMULATING SEARCH REQUEST j The results you get from CaseFinder depend upon the information you give it The old computer maxim Garbage in Garbage out still holds This User s Manual concentrates on showing you how to enter your search requests what to enter is left up to you In this Chapter we will try to give you some guidelines on crafting useful search requests A New Way of Thinking The approach we recommend might require revising some of your old research habits particularly if those habits were established prior to the introduction of on line legal research methods You likely were taught to identify the substantive areas of the law in which a given factual situation might fall If it walks like a duck swims like a
28. T ea 47 Search Names rra eros 47 SECA CES ti 47 Chapter Twelve Customizing CaseFinder 49 Accessing the Options Panel keke keke 49 SAIC Is Su sese gare xi Va adi e e souiedeost ashe Gad eons DD 49 NAS WV CR tack N DS A Ve shea a nanan 49 O O r 50 rel N bl ge 50 1V A HH HH HHHH lt MM MN 51 ANNOM ci DN r r OS 51 Rearrange DataDase seprene iio 51 Dual screen Viewing O DIOL asia a 51 Vi CHAPTER ONE OVERVIEW Each CaseFinder system contains the full text of hundreds of thousands of legal documents All of the documents are completely indexed The CaseFinder program uses those indexes to find and retrieve documents for you which contain the words you specify in a search request CaseFinder does not make any judgments about which documents to retrieve it only does what you tell it as fast as it can You need to have a basic understand ing of Windows to run CaseFinder The Structure of CaseFinder CaseFinder is composed of three elements 1 a text search and retrieval program 2 archive files containing the full text of documents and 3 indexes which contain every word and the location of every word in all the documents except for 148 noise words Item 1 can be likened to a research librarian on steroids item 2 to shelves and shelves of books and item 3 to an extremely detailed card catalogue Under this analogy you would tell the resear
29. YS ys arka ke ak en cn en ke beke dace donee ki a ONA Re en Ke AR 23 Time FIRNE as 24 Name Tie aa Eos 24 Search UDS alados 25 Searching in the Text in the Document Viewer AEE EE 25 search Results Display Order ui ea 26 Whe Seamless MaS 26 Chapter Seven Using Lists 29 Case Pinder Documents ia 29 Common Features of Document Lists se 29 How the Document Viewer Works with Lists 3 31 The ADatabase Last d ee nak dede 31 The Search Results MSU RY en 32 Will Ge al LIN N iS 34 TRER eP its rd 35 A A A DD 36 The Library Lituania delia 37 Chapter Eight Hyperlinking 39 Howto Hyperlink td da 39 Pinpoint EH yperlkiOS id dar 41 Footnote a ii 42 Hyperlinking Without Links kk E KEK 42 Chapter Nine Copying amp Pasting Text 43 Copying and Pasting Selected Text keke keke 43 lana a ee 2 0 M S RD DD rrr r 44 Chapter Ten Printing 45 SEIS Printing Options 4 54 545 455555425454 x n kv W R k Pa He Wen ea b ba wak n en nne R 45 Printing Documents ta d k n de od On Ka nde Cun m n duced 45 Prantas Tita iaa Dr DD 46 A tan teraemott E 46 Print ii gt Notes caida 46 Chapter Eleven Direct Document Access 47 A dadedh ween doatnetaah induce tee tnctuansentabey 47 Direct to DOCUMEN
30. a definition of either injury or disease that is so broad that it would encompass any bodily ailment of whatever origin is too broad because it would make unnecessary and meaningless the two categories specifically set forth in the Act Id And we reasserted our position that i f this distinction is to be done away with the legislature must do so d seFinder Document Viewer 14 Finally we noted that t he General Assembly still has not altered the categories of injuries and diseases nor has it substituted a single test he Hits Relevance Date 3 1 1996 File Edit Tools Window Help Citedl n Web Brwse Prior Brwse Next Srch List Citedl n List Keep List History List Citedl n CD Library List ZI En era 4 3 After reading Va Code 65 2 400 we Text in effect from and after July 1 1997 Title 65 2 Workers Compensation click on the B ack button Chap 4 Occupational Diseases 65 2 400 65 2 407 Back Keep 65 2 400 Occupational disease defined inder Document Viewer A As used in this title unless the context clearly indicates otherwise the term occupational disease means a disease arising out of and in the File Edit Tools Window Help course of employment but not an ordinary disease of life to which the general public is exposed outside of the employment Li
31. alone Computer 1 Start Windows Close any open programs 2 Place Disc One in your CD drive and close it If Autorun is enabled a message will state that an installation wizard is being prepared If nothing happens navigate to the root directory of the CD and double click setup exe Alternatively click Start gt Run enter disetup substituting the letter of your CD drive for d as necessary and click OK 3 When the Welcome screen appears read it then click Next The CaseFinder license agreement will appear scroll down to read the entire agreement click Print to make a hard copy if desired You must accept the terms of the license agreement in order to continue with the installation click Yes to do so If you click No the installation will terminate and nothing will have been copied to your computer 4 A Choose Destination Folder screen appears suggesting C Program Files Casefinder Click Next to accept this location this is where tech support will expect to find it If you really really want to install the program in a different location click Browse navigate to the desired location select it click OK then click Next 5 You will be asked if you would like to transfer any databases to the hard drive You don t have to but you should If you leave all the databases on the CDs and access them from a single CD drive 1 searches will be slower and 2 you will have to manually swap CDs whenever CaseFinde
32. an s or es to form the plural and adding a d or an ed to form the past tense form of a word For example a search for judge can automatically also include the words judge s judges and judged This option is turned on by default and can be turned off or on by clicking in the Possessives plurals and tenses check box in the Settings panel at the Search Request screen When the Possessives plurals tenses box is checked it automati cally applies to all of the terms in your search request Synonyms The Synonyms feature augments your search by automatically including synonyms which you define for items in your search request Let s say that you want CaseFinder to treat the words automobile vehicle car and truck as synonyms That is whenever one of these four words is entered in a search request and the Synonyms check box is checked CaseFinder will automatically also search for the other three words In order to use Synonyms you ll need to create a Synonym Group We ll illustrate by creating a Synonym Group for the vehicular items above First select Synonyms from the Tools menu at the Search Request screen or click the Edit button beside the Synonyms entry in the Settings panel The Synonyms window is blank the first time you use it Start by entering any one of the words in the group of synonyms above let s do automobile in the New Word blank This enables the list box labeled is a synonym of
33. arch request Thus a phrase can be combined with a word or number in a search request e g res ipsa loquitur AND liability By entering the citation of a case not 1ts name as a phrase you can perform a form of Shepardization M on a case For example searching on the phrase 206 Va 924 will find all cases which have cited that case and you can look at the text of each case to determine whether 206 Va 924 was followed distinguished etc This is such a handy function that we automated it and incorporated it as the CitedIn feature in the Document Viewer Shortcut Type in the citation of a case click on the Direct to Document button click on the CitedIn button If a phrase includes a noise word e g af in men at work CaseFinder will not try to find a match for the noise word but will instead treat the phrase as a proximity search in which the words before and after the noise word are within one word of each other In this situation any other word could appear in place of the noise word Thus a case containing the words men began work could be listed in the results of a search for the phrase men at work Do not use the words and or or not in a phrase CaseFinder always treats these words as connectors between items in your search request discussed below If you need to look for a phrase that normally contains such words use the Within 3 Words proximity connector instead For example a search on t
34. ate and time it was printed If the printout is more than a page the header will be repeated on subsequent pages along with the page number of the printout In addition the printout of the Search Results List specifies the number of documents found database searched and search request and the printout of the CitedIn List identifies the document being cited by the documents in the List Print All Three of the Lists the Keep List the CitedIn List and the Library List when it is displaying a list of documents include a Print All button Click this button to print all of the documents on the List Printing Notes If you are viewing a Note for a document see Ch 3 A Simple Search Request in the Note Viewer you can print it by selecting Print from the Note Viewer s File menu 46 CHAPTER ELEVEN f DIRECT DOCUMENT ACCESS j ae Sometimes you already know the citation or some other identifying information about a document you wish to view Running a search on the citation would get all the documents that contained that cite but you only want the one document Four CaseFinder features help you out Library Search Names Search Cites and Direct to Document The Library List All of the documents in all of the databases that came with your CaseFinder are available through the Library as discussed in Ch 7 Using Lists Direct to Document If you know the exact citation of the case or code section
35. because Hits 1 Relevance Date 3 3 2006 Returning to the Search Request Screen When you are finished viewing documents in the Document Viewer you can return to the Search Request Screen by clicking Return to Search in the File menu by clicking the X box in the upper right hand corner of the Viewer window by selecting Search Request from the Window menu or by clicking on the CaseFinder Search Request button in the System Tray at the bottom of the screen Creating a Note As you re viewing a document you may realize that something relating to that document would be important to recall whenever you access the document in the future Select Note from the Edit menu or click on the Note icon to open the Note Viewer Now type in whatever you want A Note can contain as much text as your hardware will allow but it will not contain any formatting information other than hard carriage returns between paragraphs The Note Viewer uses the regular Windows typing and editing func tions When you re finished typing select Save from the Note Viewer s File menu to save the note and close the Note Viewer Alternatively you can select Close from the Note Viewer s file menu or click on the X box in the upper right hand corner of the Note Viewer From now on every time you open this document the Note icon will light up in bright yellow Let s say that a week later you open the document in the foregoing example The
36. brary Srch Citedl Keep History Cited Citeat Brwse Brwse Back list list n List List tist n cp n web X P prior Next Hyperlink 1 251 Va 186_ The Stenrich Group v Jemmott E Page 195 B A disease shall be deemed to arise out of the employment only if there is apparent to the rational mind upon consideration of all the a decision impacting as it must a broad spectrum of economic and Page 196 social values is a matter of public policy reserved to the circumstances original and exclusive jurisdiction of the General Assembly and we will not trespass upon its domain 1 A direct causal connection between the conditions under which work is performed and the occupational disease 4 ld at 247 48 329 S E 2d at 14 15 emphasis added footnote omitted 2 It can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment We next considered a gradually incurred impairment in Merillat Industries Inc v Parks 246 Va 429 436 S E 2d 600 1993 There the 3 It can be fairly traced to the employment as the proximate cause Commission awarded the claimant compensation based upon a finding of occupational disease for a torn rotator cuff muscle caused by repetitive overhead lifting and manipulation of the left arm The Court of Appeals upheld the award Merillat Indus Inc v Parks 15 Va App 44 53 421 Z s y B R S E 2d 867 872 1992
37. ch librarian that you wanted to find decisions containing a particular word The librarian would find the card in the catalogue for that word and the card would identify all of the decisions in all the books on the shelves that contained that word Then the librarian would retrieve all of those books open them to the right case or statute highlight the word in the text that you had specified and put them on the table in front of you in a few seconds In the simplest form of operation you provide CaseFinder a word it looks in its indexes to find which documents contain that word and then lists those documents for you When you select a document from the list CaseFinder retrieves it from the archive file and displays the full text on your computer monitor A database consists of archive files and an index Each database covers the decisions of a particular court a statutory compilation or the work product of a government agency Each database is contained in a separate folder on the CD Assumptions About Your Windows Ability This User s Manual assumes that you are familiar with the general operation of Win dows that you know how to use a mouse and keyboard that you can activate applications from the Start Menu that you can select menu items that you can open either My Computer or the Windows Explorer and navigate within it and that you can operate the standard Windows buttons and scrollbars The screen shots in this Manual were al
38. ct Code 65 2 706 A Bass v City of Richmond Police Dep t 258 Va 103 114 515 S E 2d 557 563 1999 Stenrich Group v Jemmott 251 Va 186 192 467 S E 2d 795 798 1996 The determination as to whether an employee seeking temporary partial disability benefits has made a reasonable effort to market his residual work capacity falls within the Commission s fact finding and if the Commission s factual conclusion on that question is supported by credible evidence it will not be disturbed on appeal Wall Street Deli Inc v O Brien 32 Va App 217 220 21 527 S E 2d 451 453 2000 The Commission s factual findings however are conclusive and binding only to the extent that they are predicated upon evidence introduced or appearing in the proceedings Uninsured Employer s Fund v Gabriel 272 Va 659 664 636 S E 2d 408 411 2006 quoting Vanzant v Southern Bending Co 143 Va 244 246 129 S E 268 268 1925 If the Commission s findings of fact are not based on credible evidence its findings are not binding and the question presented becomes one of law Great Atlantic amp Pacific Tea Co v Robertson 218 Va 1051 1053 243 S E 2d 234 235 1978 citing Conner v Bragg 203 Va 204 207 123 S E 2d 393 395 1962 accord Gabriel 272 Va at 664 636 S E 2d at 411 American Motorists Ins Co v Summers 183 Va 428 431 32 S E 2d 673 674 1945 Page 89 m 4 Pursuant to Code 65 2 502 A
39. cupational Diseases Ordinary Diseases of Life Post Traumatic Stress Disorder Repetitive Exposure we re working from the CitedIn List and that or Trauma statutory Construction Code 5 652 400 49 The claimant had been employed by a county rescue department for 19 years when he was diagnosed with post traumatic stress disorder this is number 1 of 738 documents on the List gelem meye ene ewane e ne rom Note also that the Back button is now PR hi vas eaaeo pe hawr sit oia eo A E A lena EEA R o disabled From here we can no longer get back to Va Code 65 2 400 with a single click because we broke the hyperlink chain When you open a document from a list while viewing a hyperlink the hyperlinked document and those in the chain leading to it will no longer be accessible with the Back button However those documents are available from the History List or in the alternative you may have placed them on the Keep List Pinpoint Hyperlinking In addition to standard hyperlinking as described above CaseFinder also supports pinpoint hyperlinking Another CaseFinder exclusive Many case citations point to a discussion that appears on a particular page within a case Instead of hyperlinking back to the beginning of the case CaseFinder will take you directly to the page in the document specified by the pinpoint cite fff CaseFinder Docume
40. currence When Find Y gt there are no more occurrences a message box pops up so R stating The user sighs chooses another document and ee e keeps looking for love in all the wrong places by pressing the F3 function key 29 Find in Text finds exact matches Thus if you type in place the Find feature will find among others replacement because the letters p l a c e are contained within it Hint put a space before or after the word you re searching for spaces count just like letters but if a word is the first word in the document the last word in a sentence or is followed by a punctu ation mark a space in the search request may cause it to miss that hit Search Results Display Order A drop down list box near the bottom of the Settings panel lets you choose the order in which the results of a search will be displayed Note that regardless of which type of display order you select documents found in statutory type databases those which bear a black book icon will always appear at the top of the Search Results List Database by Date is the default order If you are searching a single database cases appear in reverse chronological order 1 e the most recent decision appears at the top of the List When you ve searched on multiple databases cases will be grouped by the database in which they were found with the database groups appearing in the order shown by the open books in the Database List Within each
41. d inder Document Viewer File Edit Tools Window Help 1 3 An award by the Commission is conclusive and binding as to all questions of fact Code 65 2 706 A Bass v City of Richmond Police Back Library Srch Cited Keep Histor Cited Cited poep Brwse Brwse Dep t 258 Va 103 114 515 S E 2d 557 563 1999 Stenrich Group v Jemmott 251 Va 186 192 467 S E 2d 795 798 1996 The determination as to list List n List List List n CD n Web Prior Next whether an employee seeking temporary partial disability benefits has made a reasokdble effort to market his residual work capacity falls within Hypertink 1 251 Va 186 The Stenrich Group v Jemmott Page 195 the Commission s fact finding and if the Commission s factual conclusion on that question is supported by credible evidence it will not be decision impacting as it must a broad spectrum of economic and Page 196 social values is a matter of public policy reserved to the original and exclusive jurisdiction of the General Assembly and we will not trespass upon its domain m disturbed on appeal Wall Street Deli Inc v O Brien 32 Va App 217 220 21 527 S E 2d 451 453 2000 The Commission s factual findings however are conclusive and binding only to the extent that they are predicated upon evidence introduced or appearing in the proceedings Uninsured Employer s Fu
42. d all of a sudden it dawns on you that you need to see something that you didn t save on the Keep List the name of which you can t remember the History List rides to the rescue Open the History List the first item in the list is the first document viewed in this research session Double click on the first item and you can then work your way forward with the Next Doc button through every document it s like d j vu all over again The History List is cleared when you exit CaseFinder or you can clear it by choosing New Session from the File menu at the Search Request screen 20 Documents 36 The Library List ane The Library is always open in CaseFinder Its home is under the Library tab at the Search Request screen if you re in the Document Viewer click on the Library List button When the Library List opens all CaseFinder databas een searenco y eu Code Y Virginia Code Archive es on the CaseFinder CDs will be listed Those TA which are immediately available either on a CD in an available CD drive or on an available hard drive if you have transferred databases to hard drives see Ch 2 Installation and Updating Se will be displayed in full living color accessing databases which are greyed out will require that you put the appropriate CD in a CD drive or provide a location for the database if it s on a ha
43. database group the cases will appear in reverse chronological order Mixed by Date This choice will have no apparent effect on a single database search see above However if you ve searched on multiple databases this choice will arrange all of the documents by date regardless of which database they came from Real Ranking This choice arranges search results in the order of their relevance to your search request In CaseFinder the determination of relevance considers more than just statistics Three factors Hit Density Age and Precedential Value are calculated and the document with the highest score out of the group appears at the top of the List Hit Density is based on the number of hits in the case and the number of total words in the case a higher hit density increases the relevance rank Age is based on the decision date a newer case gets a higher relevance rank Precedential Value is based on the number of times the case has been cited by other cases the higher the number of citing cases the higher the relevance rank Initially these three factors are given equal weight in determining rank You can set the weight given each factor using the Relevance tab in the Options selection of the Tools menu Real Ranking Plus This choice adds a fourth factor Enhanced Precedence to the three factors considered in Real Ranking above The weight given Enhanced Precedence is also adjustable at the Tools gt Options gt Relevance tab W
44. disable justified printing widow orphan control which automatically prevents a single line of text from appearing by itself at the bottom or top of a page and two column printing In two column printing the columns are always centered between the left and right margins The Page Setup window mentioned above is also available from the File menu it lets you set the paper size paper source paper orientation and document margins Printing Documents When you are viewing text in the Document Viewer to print the entire document select Print from the File menu A standard Windows dialog box will open allowing you to choose a printer set its properties set the number of copies to print etc If you have selected text in 45 the document the Selection option button will be enabled in the Print window and you can check that to print just the selection CaseFinder prints presentation quality documents fully formatted and ready to hand to the judge to send to other attorneys or to give to clients Each page of the printout identifies the case or statute at the top and the printout pages are numbered A footer on each page informs the reader that the document was printed from CaseFinder Printing Lists All of the Document Lists in CaseFinder except the Database List have a Print List button Click on this button to print the current contents of the List itself The printout will include a header with the name of the List and the d
45. discussed elsewhere in this User s Manual it is not necessary to learn complicated or elaborate searching techniques to get useful results from CaseFinder This Chapter shows you how to perform a simple search so you can start being productive with CaseFinder right away When you re comfortable with the basic searching strategies read the ensuing Chapters to learn about the more sophisticated searching options available Now follow the numbered steps 1 Start CaseFinder One of the CaseFinder CDs must be in the CD ROM drive you are accessing local or network to run the program or a concurrent use permit must be available to the program Click on the CaseFinder shortcut on your desktop or choose CaseFinder from the Programs Menu to start the program A display screen will appear for a few seconds while the program loads after which the Search Request Screen shown below will appear The Search Request Screen is the main screen in CaseFinder This is where you will choose which database or combination of databases to search enter search requests view lists of documents found access individual documents from the Library or by using the Direct to Document or Search Names features store and retrieve search requests and set searching options fff CaseFinder Search Request Screen ee Tools Window Help CES MENU me AND Databases Library Search Resul gt Database l BE NOT lt Va Supreme Court 30 Yes D
46. duck and quacks like a duck it s probably a duck Thereafter you would consult the general discussions in the legal encyclopedias and treatises following the thread into the more narrowly focused subdivi sions and if you were fortunate one of them would be right on point and if you were even more fortunate would contain citations to cases or statutes in your jurisdiction This traditional topic based approach had weaknesses The editors who prepared the digests and encyclopedias had to start with an outline which subdivided broad areas of the law into a multitude of topics with layers of narrower and narrower subtopics They read and analyzed a new decision to identify the legal issues covered and tried to fit each issue into one of the existing topics in their outline If an issue didn t exactly match any existing topic they either had to create a new topic or wedge it into the next closest topic Classifying decisions by substantive areas of the law does not always identify the factors in the case that are important to the outcome Further editors cannot know at the time they classify a case what a later court might consider to be its most important holdings The case gets frozen into a particular category even if the evolving body of the law would later place it in some more appropriate category The structure of the outline must be reasonably fixed to be useful but it runs the risk of becoming so rigid that it no lo
47. e CitedIn List if you need to re read that case open one of the citing documents click on Cite Down and you can hyperlink to the case even though it is highlighted as a hit instead of a hyperlink The Keep List The Keep List is an exclusive feature of CaseFinder Legal research usually involves looking at a lot of documents only a portion of which will be relevant The Keep List provides an easy way to collect those documents which seem to be important You create the Keep List by placing documents on it When any document is being viewed in the Document Viewer it can be added to the Keep List by clicking onthe Keep ma TE button or by pressing lt Alt K gt The only thing you will notice when you do this is that the caption of the Keep button will turn from black to grey and if this is the first document placed on the Keep List the caption of the Keep List button will turn from grey to black indicating that it now has a document in it Note If you view a document that has already been placed on the Keep List the Keep button will be greyed out Any time the Keep List button is active clicking on it or pressing lt Alt E gt will bring up the Keep List Documents will be listed by name citation and source If you open a document from the Keep List three things happen 1 The text of the kept document appears in the Document Viewer 2 The Keep list becomes the L
48. e the citation and number of hit words in the document are listed When a case is a slip opinion or 1s unpublished no volume and page number oo available the cite will generally use an cin en tee zi underscore __ and or a docket number Cite Rank E ninio 27 53 Berry v F amp S Financial Marketing Inc 271 Va 329 ital Insurance Co v US Airways 271 Va 352 State Bar 266 Va 66 rson 261 Va 203 Commonwealth v Delta Air Lines 257 Va 419 ie v Blue Cross and Blue Shield 256 Va 161 ey Aviation Inc 255 Va 186 ss n 253 Va 349 ing Partnership 251 Va 74 sh Airports Auth 251 Va 201 Dept of Taxation 251 Va 353 TIT Ii TA Id Dominion Steer Corp 225 Va 599 iller Y gt ta lt w S 5 WRENN BPE REWER ER RYDEN BEEN AO A eg ep le es fe ee ep ie ey E 214 Va 161 212 Va 296 Print List Notice that the first document in the list is castas highlighted in a selector bar To view it press lt Enter gt or double click on 1t with the mouse To view a different document on the list double click on it or move the selector up or down with the arrow keys and press lt Enter gt When you are viewing a document in the Document Viewer you will not need to return to the Search Results List to view the document preceding or following it the Document Viewer has Next Doc and Prior Doc buttons see below
49. e Court of Appeals Admittedly an award of the Commission is conclusive and binding as to all questions of fact Code 65 2 706 A see City of Richmond v Braxton 230 Va 161 163 335 S E 2d 259 261 1985 However we think the issue whether a worker has suffered an impairment that constitutes a compensable disease is a mixed question of law and fact and hence a Commission finding on the question is not conclusive and binding upon this Court but is properly subject to judicial review See Braxton 230 Va at 163 64 335 S E 2d at 261 mixed question of law and fact properly reviewable whether injury arose out of and in the course of employment see also Nichols v VVKR Inc 241 Va 516 519 403 S E 2d 698 700 1991 mixed question of law and fact whether worker s actions constituted part of owner s trade business or occupation VEPCO v Kremposky 227 Va 265 270 315 S E 2d 231 234 1984 mixed question of law and fact whether safety rule strictly enforced Derby v Swift amp Co 188 Va 336 344 49 S E 2d 417 421 1948 mixed question of law and fact whether worker suffered an accident 3 4 Here the factual part of the mixed question is whether the three claimants involved have suffered impairments and there can be no doubt that they have the evidence conclusively establishes that Jemmott and Martin suffer from carpal tunnel syndrome and that Biller suffers from trigger thumbs The legal part of
50. e Windows registry puts CaseFinder in your Programs Menu and places a shortcut on the Desktop if you choose The databases can remain on the CDs or you can transfer them to a hard drive at the time of instal lation or at a later date by using the maintenance functions in the setup program Instructions follow for installation on a standalone computer and two types of network installations Licensing Considerations Our license agreement allows the user to run CaseFinder on only one computer at a time even though it may be installed on many computers within a single entity The software en forces this limitation CaseFinder will not start unless 1 a CaseFinder Disc is in an accessible CD drive or 2 a concurrent use permit is available in the folder where the CaseFinder program is installed Thus you may install the CaseFinder program on multiple computers then simply put one of the Discs in the drive of whichever computer needs to run CaseFinder However if you install the CaseFinder program from the CD to each of the workstations on a network and then put the CD in a shared CD drive it won t work When CaseFinder starts it knows whether the program file was loaded from a local drive or from a network drive If CaseFinder 1s loaded from a local drive it will only access databases from local CD or hard drives In order to share the databases from networked CD drive s or networked hard drives the CaseFinder program must be loaded from a
51. e complex than is generally realized Often organizations employ third parties to install their network but fail to realize the importance of hiring or training a qualified administrator to perform the necessary maintenance Thus a great deal of our tech support time in the past was taken up not in troubleshooting CaseFinder but in troubleshooting the customer s network While we can certainly sympathize we will not be able to continue to provide free tech support for our program if all of our time is taken up in correcting problems that are properly the responsibili ty of the customer Installing CaseFinder on a File Server from a Workstation These instructions assume that all of the database files will be transferred from the CDs to a hard drive on the file server If some or all of the databases will not be transferred to the server s hard drive see the next set of instructions beginning on page 6 1 From one of the workstations access a directory on the file server that 1s read write accessible by all the workstations that are to run CaseFinder Create a Casefinder folder in that directory you can use a different name but our tech support people will expect to see Casefinder We will call this the application folder in these instructions 2 Put Disc One in the CD drive of the workstation It should autorun to an In stallShield wizard and from there to a welcome screen If not go to Start gt Run type in the local CD dri
52. e could tell you how it works but then we d have to kill you Take Note Enhanced Precedence takes a very long time especially when the databases are on a CD Not for the faint of heart The Seamless Web Every month new CaseFinder CDs are mastered containing new decisions and slip opinions issued through the end of the prior month If you are an annual subscriber you ll receive your new CDs on or about the 20th of each month In the meantime however those judges are busy cranking out opinions All new decisions in all the CaseFinder databases are 26 posted to a website that is accessible only to CaseFinder users and only through the CaseFinder program usually within 48 hours of being issued The databases on the website have the same names and cover the same jurisdictions as the databases on the CaseFinder CDs except that they contain more recent materials Note You must already have access to the web in order for this feature of CaseFinder to work You do not use your browser to use this feature but CaseFinder accesses the web through your existing internet connection If your computer does not connect to the internet automatically when a program requests you must connect prior to using the web feature of CaseFinder The drop down list box at the bottom of the Settings panel in the Search Request screen provides three choices as to whether and when CaseFinder will access the website during a search The first choice Search CD m
53. e information into view or use the horizontal scroll bar to slide over to it Generally one of the items in a List is highlighted in a selector bar You can move the selector bar to a different item with the up or down arrows the lt Page Up gt or lt Page Down gt keys the lt Home gt or lt End gt key the scroll bar the mouse wheel or by clicking on a differ 29 ent item Shortcut Pressing a letter key on the keyboard will take you to the next item down the List that starts with that letter starting over at the top of the List when the end is reached If the selected item has a document icon pressing lt Enter gt or double clicking on it causes the full text to be displayed in the Document Viewer If the selected item has a book icon pressing lt Enter gt or double clicking on it will display its contents In addition to selecting and opening documents some or all of the Lists share other common functions All Lists have a Return to Document button clicking it when it is enabled returns you to the Document Viewer displaying whatever had been there when you left it All Lists also have a Print List button clicking it sends the List itself not the text of the docu ments in the List to the printer When a List is printed additional information about the items on the List will be printed along with the current date and time see Ch 10 Printing Several Lists Library Keep and CitedIn have a Print All button Clickin
54. e program from Disc One and choose Modify Place a check mark in the boxes of all the databases that you want to put in the suggested Destination Folder even if some of them were previously transferred If you don t check a box that database will not be transferred or if it is already in the Destination Folder it will be re moved Then click Next If you want to put other databases in a different folder repeat the process this time selecting the other databases and specifying a different Destination Folder by clicking on Browse and navigating to the desired folder Uninstalling CaseFinder To uninstall the CaseFinder program including all transferred databases go to Start gt Settings gt Control Panel and double click Add Remove Programs Click on CaseFinder in the list of installed programs and click on the Change Remove button Installshield wizard will be start and you will be asked to confirm the uninstall You will be asked if you wish to retain user settings and concurrent use permits If you had created any notes relating to particular cases or if concurrent use permits were installed click Yes Finally click Finish to complete the uninstallation The workstation version of CaseFinder can be removed by following the same process selecting CaseFinder Workstation in the list of installed programs in Add Remove Programs CHAPTER THREE A SIMPLE SEARCH REQUEST Though it has lots of bells and whistles
55. eans that the only databases that you will be working with are those that are either on your computer on the CDs or installed on your hard drive or on a network to which your computer is connected The second choice Search CD amp Web seamlessly integrates the databases on the CaseFinder website with the databases on your computer or network This choice works best if you have a broadband connection to the web rather than a dial up connection Under this setting when you run a search CaseFinder will first send the search to the databases on the website and then run the search against the databases on your computer or network Before displaying the results it will get the results of the search on the website When the results are displayed in the Search Results List those cases that were found on the website will be displayed at the top of the list and they will bear a little world icon When you double click on a web document it will appear in the CaseFinder Document Viewer not your web browser In fact other than the web icon you won t be able to tell that the document came from the web rather than the CD Relevance Ranking is disabled when you are operating in this mode Using this mode with a dial up connection may be unsatisfactory because of the delay in receiving results from the CaseFinder website The third choice Search Web lets you run Search Requests or use the Library only against the databases on the website This will probabl
56. en database to close it SEN we To keep this example simple we ll search T on only one database and that will be a data Ss am base of judicial opinions Here we ve selected the database for the Va Supreme Court Elapsed Time 0 08 3 Enter a Search Request After you have selected a database type in a search request A search request consists of a word a number or a pattern or combination of words and or numbers For now we won t discuss what to enter see Ch 4 Formulating Search Requests for help on that Rather we re only going to talk about the mechanics of entering the request A small blinking vertical line a cursor usually appears at the left edge of the Entry Bar in the Search Request Screen If it isn t there press the Tab key until it appears or click in the Entry Bar Each letter you type on the keyboard will appear in the Entry Bar at the location of the cursor Text entry follows Windows conventions typing is in insert mode meaning that any letters to the right of the cursor will be pushed over EE Here we ve started to enter a search ra request on the word aviation Upon typing ES g in the third letter 1 the Word List opened rn aya a The Word List shows those words in the So r selected database that begin with the letters ar
57. en you re done then click on Apply at the 49 Options tab to see what you ve done to your Viewer You can t set the foreground background color for highlighting text here for that go to Start gt Settings gt Control Panel gt Display gt Appearance and pick the foreground background colors for the Selected Items note that this color choice will apply to selected text in all Windows programs In the bottom portion of the Viewer tab you can choose the wheel speed number of lines per rotary increment of your mouse s wheel If your mouse has a wheel you can use it to scroll up and down If your mouse doesn t have a wheel don t tell him about this because he ll want one too and then you ll have all that insurance and registration red tape Under neath the mouse wheel speed selector a drop down list box gives you three choices for the position of the citation that accompanies clipped material Following Attached and Preced ing If you re going to block indent some quoted material use Following If you re going to insert some material within a paragraph use Attached If you prefer to provide the citation first use Preceding Four check boxes appear on the bottom panel Underline Hyperlinks turns underlining on or off note that hyperlinks will not be underlined or highlighted in your printouts regardless of these settings Because footnotes are treated essentially as hyperlinks and because they appear superscripted on the screen
58. ew search term and return the new results Search Subset can be ran multiple times to continue to limit search results with new search terms Some users like the fact that only the new search term is highlighted in the resulting documents If you searched on multiple databases in your original search request you may also choose to exclude some of these databases before you run Search Subset To exclude some databases from your search click on the Databases tab and single click on any database that you do not want CaseFinder to search on You can then enter your new search request and click Search Subset Searching in the Text in the Document Viewer The Find in Text feature lets you search the text of a document in the Document Viewer for a specific word or words or number Select Find in Text from the Edit Menu to open up the Find screen then simply type the word or phrase you want to find in the entry bar and click Find Next The Find in Text function normally ignores capitalization check the Match Case option 1f you wish to match upper and lower case letters Note To generate a hit with this function letters numbers and punctuation must match exactly In this example the user 1s looking for love in all the wrong places When he clicks Find Next CaseFinder will take him to the first occurrence of that phrase in the document currently in the Viewer and highlight 1t He clicks Find Next again Shortcut press F3 to go to the next oc
59. g CaseFinder on a File Server from the Console 1 Using the keyboard mouse and CD drive of the file server itself open Explorer and create a Casefinder folder on a drive that will be accessible to all of the workstations from which you want to run CaseFinder see instruction 3 2 Put Disc One in the CD drive of the server It should autorun prepare an In stallShield wizard and then display a Welcome screen If not go to Start gt Run type in the CD drive letter followed by setup and click OK 3 Click Yes or Next until you get to the Choose Destination Location screen The installer will suggest c program files Casefinder as the application folder You probably don t want to put shared applications such as CaseFinder on the c drive of your file server Click Browse and navigate to the folder that you created in step one when it shows up in the path box click OK and you will return to the Choose Destination Location screen Click Next 4 You will be asked if you wish to transfer some or all of the CaseFinder databases from the CD to the hard drive Click Yes and a list of databases will appear Click in the check box of each database to be transferred By default a folder will be created under the application folder for each database and the database files will be transferred into those folders at a later point in the program You can use the Browse button to choose a different parent folder for the database folders if you wis
60. g on this button when it is enabled will cause the text of all of the items on the List to be printed be sure you have enough paper loaded in the printer before you click The Search Results List and the Library List both have a Fast Forward button When a highlighted item in the List has a book icon clicking the Fast Forward button takes you directly to the first of the documents contained as in that book bypassing any intervening sub Start Search ffl CaseFinder Search Request Screen AND Databases Library Search Results search Requests aee aa parts or book icons and lists all of the docu eee ments contained within that book For exam ple if you search on military in the Va Code the Search Results List shows 41 titles that contain hit sections including Title 44 with 170 hits t nia gt itle 28 2 Fisheries and Habitat of the isheries and OIIIIIIIIIIIIIIIIIIIIIA FEE SAS SATS AeA D2 e e l Ni is kk ks u B ku u Biu e B ku ku u u u u e Be FH 6090000 verunt Print List f CaseFinder Search Request Screen File Tools Window Help Elapsed Time 0 16 Start Search Databases Library Search Results search Requests Found 387 documents in Virginia Code searching on military Virginia Code Title 44 Military and Emergency Laws ras
61. g that the service of process through the Secretary of the Commonwealth was action or suit against a defendant shall be timely as to that defendant Service of process on a defendant more than twelve months after the suit 7 k i a gt j AA lt A Qe invalid The general district court granted the motion and vacated the default judgment finding that it was void for lack of jurisdiction because or action was commenced shall be timely upon a finding by the court that the plaintiff exercised due diligence to have timely service made on the defendant 1994 c 519 A ez Date 3 3 2006 History 2 the text of Va Code 8 01 275 1 The Back button is now enabled Clicking onit xt Hits Library Srch History Cited Cited Brwse Brwse List List list n CD n Web P Prior Next 271 Va 329 Berry v F amp 5 Financial Marketing Inc E 3 brings you back to Berry v F amp S Financial Marketing at the same place as in illustration 1 above Berry v F amp S Financiql Marketing 271 Va 329 626 S E 2d 821 2006 IN THE SUPREME COURT OF VIRGINIA DENISE S BERRY v F amp S FINANCIAL MARKETING INC Record No 050702 Decided March 3 2006 Many additional features are available in Present All the Justices the Document Viewer including printing copying text annotating the document searching within the document using the Keep List using CitedIn and using the
62. h but see Note below Click Next when you re done Note If you will be accessing some of the databases from the CD drive in the file server you will need to open the paths txt file in the application directory and add the drive letter or the UNC path by which the workstations can access that drive In addition if you transferred databases to the server s hard drive anyplace other than under the application directory you will need to add that path also Follow instructions 5 through 8 on page 6 then go to Workstation Setup below Workstation Setup 1 From the workstation go into Explorer go to the CaseFinder application folder on the server locate the Wksetup folder and double click on setup exe in that folder 2 The program will proceed to install a version of CaseFinder on the workstation choose Yes Next or Finish at all screens and don t select or change anything 3 When the workstation setup finishes double click on the CaseFinder shortcut The program should open up to the Search Request Screen and the databases that are available should appear in full color databases that aren t available are greyed out If none of the book icons are open click on one of the case type databases and wait for the book to open Type a simple word into the search request entry blank near the top of the screen and click Start Search A list of cases should appear double click on one and you should get the text of the case Close CaseFi
63. he Excessive Fines Clause will place some limits on awards of punitive damages that Al are recovered by a governmental entity See e g Fla Stat 768 73 2 b 1987 60 of any award of punitive damages is payable to the State As far as I know the applicability of a provision of the Constitution has never depended on the vagaries of state or federal law and in Missouri Pacific R Co v Humes 115 U S 512 1885 the Court stressed the constitutional insignificance of how a monetary sanction is administered or by whom it is recovered Humes involved a state statute providing for double damages to any individual who suffered harm due to a railroad s failure to maintain fences and cattle guards In Page 1 Sec 1 ii at 1 ini Colt holding that the double damages provision did not violate the Fourteenth Amendment id at 522 523 the Court said P Document Microsoft Word Ele Edit View Insert Format Tools Table Window Help mra amp l 2 amp 4 Bi 10 Uncertainty breeds litigation Government contracting laws are clear and detailed and whether they have been violated is typically easy to ascertain Page 699 the contract was put out for bid or it was not Umbehr s new First Amendment by contrast requires a sensitive balancing in each case and the factual question whether political affiliation or disfavored speech was the reason for the award or loss of the contract will usually be litigable In short expe
64. he phrase rough and ready would find all documents in which the word rough and the word ready are located anywhere in the docu 18 ment Although you can t narrow the results to just those cases which contain the exact phrase rough and ready you can narrow the results to those cases where ready is the second word after rough or vice versa by searching on rough w 3 ready In addition the word contains has a special meaning to the search engine and cannot be used in search requests Individual words within a phrase can contain global replacement character or wild card character discussed above For example a search for tax authority would find documents containing the phrase taxing authority taxation authority etc The Word List is Your Friend When you enter the third letter of an item in the Entry Bar the Word List drops down showing the words in the selected database that begin with the letters you ve thus far entered You can set the number of characters to type before the Word List appears and the number of words the Word List displays see Ch 12 Customizing CaseFinder As you enter EN za O additional characters the Word List adjusts gt showing in alphabetical order those words which begin with whatever you ve typed in If you ve typed in three or more letters and nothing matches what you ve typed in the Word List goes blank discreetly suggesting Se me that you ve entered a
65. hit sections If you double click o on Article 1 Classification of a Militia you will get a list of eight hit sections They have document icons so double clicking on any of them will display the full text in the Document ma sa Viewer LA e Notice in the illustrations above that as we walked down through the subdivisions of the Va Code the steps on our pathway were set out in the top part of the panel On your computer these topic outline descriptions will appear highlighted in the same color you choose for your hyperlinks See Ch 12 Customizing CaseFinder When you point to any of them the pointer changes into a little hand and by clicking on them you will jump back up the topic outline to that topic Notice also at the bottom of the panel the Back button is enabled which will take you back up the topic outline one level at a time Perhaps you re not a patient person The Fast Forward button is your solution and you re probably irritated that we took this long to tell you Let s go back to the first result screen in our example above the one that showed the 41 titles of the Va Code Highlight Title 44 Military and Emergency Laws and click on the Fast Forward button CaseFinder will generate a list of all 170 hit sections contained within that Title and open the first one in the Document Viewer Fast Forward can be launched from any level In the first screen of our example you could
66. in fences and cattle guards citation the page number within the case where EEE FEE the text appeared the parallel citation the page BROWNING FERRIS INDUSTRIES v KELCO DISPOSAL 492 U S 257 299 1989 ce some limits on awards of punitive damages that A Ss r Vian Ll k number in the parallel citation if available the pte year and the jurisdiction of the case Page 1 Sec 1 Ti At 2 5 Tn 9 cold REC RK ExT OR 523 the Court said The addition ee eee ae Sei f punishment it is not a valid objection that the sufferer instead of tht eceives them The spate of the State to impose fines and penalties for eile er va statutory requirements is coeval with government and the mode an ich e enfor ved whether aia suit 0 fa a priv vale e party o prat the suit o i Hits Decide 612569 AStart ex AB Sp Paint Shop Pro Image26 fiii CaseFinder Search Reque fill CaseFinder Document Vie B Document1 Microso Drag and drop works with almost all word processors Drag and drop also works with browser based e mail e g Gmail and with mail clients like Outlook Express and Thunderbird Fully formatted text followed by the citation can be pasted into word processors that don t support drag and drop by using the Windows clipboard Instead of dragging and dropping the selected text copy it to the Windows clipboard by selecting Copy from the Edit menu or by pressing lt Ctrl C g
67. ing two some what general terms will be more productive than using an OR connector in a search request containing two specific terms The AND connector lets you use general terms but narrows the results of the search by requiring that they all be present in a document You haven t found the kernel until you ve found chaff all around it If all the cases in the results list from a search seem to be right on point the search request is probably too narrow and you might be missing some relevant cases that broader search terms would disclose It isn t until you ve found at least some marginally relevant or non relevant cases that you can be somewhat comfortable that you ve found all the good stuff In light of everything above and generally speaking a search request should probably not contain more than four terms A thorough understanding of the use of the regular connectors AND OR and NOT the proximity connectors the global replacement character and the wild card character greatly enhances your ability to create effective search requests It is highly recommended that you study the portions of this User s Manual dealing with those subjects 16 CHAPTER FIVE POWER SEARCHING Chapter 3 of this User s Manual told you how to enter a simple search request Chapter 4 discussed some of the things you should consider when trying to decide what to enter This Chapter goes into detail about the process of
68. ions in CaseFinder and there are three places where you can do it Let s start at the main one by selecting Options from the Tools menu in either the Search Request screen or the Document Viewer and clicking on the Printer tab The Printer tab displays the current printer font margin settings and whether other options are enabled Click on the Change button near the sample font to choose a different font and or font size You can t change the font style 1 e it will remain as regular because doing so would hide italicized or bolded text If your printed pages are hard to read try a bolder font or a larger font size If you re going to use dual column printing and or justified text you might consider a slightly smaller font for a better finished appearance The middle panel of the Printer tab shows the current settings for the top left right and bottom margins Click the Change button and a Page Setup window will appear in which you can enter a new value out to hundredths of an inch for each margin Notice that the dotted line in the illustration on the Page Setup window will move when you change the margins From this window you will also be able to choose the size of paper on which you are printing the source of the paper to the printer and the orientation of the paper This Page Setup window is also available in the File menu Click OK when you re finished Three check boxes in the bottom panel of the Printer tab allow you to enable or
69. ist referred to in the Source panel and 3 Had you been viewing a hyperlinked document the return links in the chain of hyperlinks will be lost although the documents in the chain of hyperlinks will be available from the History List discussed below The Keep List unlike any other List has a Delete button Place the selector bar on an item in the Keep List and click on the Delete Item button to remove it The Keep List also has a Clear List button which deletes all of the entries Selecting New Session from the File menu at the Search Request screen will also clear the Keep list as will exiting CaseFinder The Keep List retains its contents until you clear it or until you exit CaseFinder as noted above That way you can perform a search on one database add some documents to the Keep List switch databases perform another search and add documents to the same Keep List 35 The Keep List has enhanced printing capabilities As with other Lists the Keep List has a Print This List button to print the List itself However the Keep List also has a Print All button click on it to print all the documents on the Keep List Be sure you have enough paper in the printer when you do this If you realize after clicking Print All that you ve made a terrible mistake like you re sending 1 126 documents to the printer save some trees Double click on the little printer icon down in your Windows System Tray to open the Printer windows then selec
70. iving the garnishment summons which was the first time plaintiff became aware of the judgment against her e r defendant filed a motion to set aside the default judgment claiming that the service of process through the Secretary of the Commonwealth was t th t t d X 7 d pp th m invalid The general district court granted the motion and vacated the default judgment finding that it was void for lack of jurisdiction because ES no 1ce a 1 a 1C1Ze or S a Car 1n e Sa e Hits 1 Relevance Date 3 3 2006 places as in the printed version The text and background appear in whatever colors you chose as a default for Window Text in the Win dows Control Panel gt Display Word s from your search request will be highlighted in yellow or choose a color see Ch 12 Customizing CaseFinder Citations to documents con tained in the CaseFinder databases appear in bright blue text and underlined these are hyperlinks which we will discuss a little later on again you can choose the color and or whether or not they should be underlined see Ch 12 Customizing CaseFinder 12 Seeing the Hits in Context If the document was found in response to a search the words from the search request the hits are highlighted The Viewer can be set to open at the top or at the first hit word see Ch 12 Customizing CaseFinder When the documents are set to open at the top you don t need to scroll through the text loo
71. king for hits simply click on the Hits Down button to jump directly to the next hit in the text The Hits Down and Hits Up buttons are enabled when there are any hits below or above respectively your current position in the text Hyperlinking Fundamentals Citations to documents contained in the CaseFinder databases appear in bright blue and are underlined these are hyperlinks Clicking on a hyperlink brings the text of the cited document directly to the screen When viewing a hyperlinked document you can click on the Back button to go directly back to the document from which you launched the hyperlink at the point in that document where you clicked on the hyperlink The following screens show this process History Citedl Cited Brwse Brwse list n CD n Web P Prior Next 271 Va 329 Berry v F amp 5 Financial Marketing Inc Berry v F amp S Financiql Marketing 271 Va 329 626 S E 2d 821 2006 IN THE SUPREME COURT OF VIRGINIA 1 Clicking on Va Code 8 01 275 1 in the text of Berry v F amp S Financial Marketing N XWES brings up Record No 050702 Decided March 3 2006 Present All the Justices In an action to collect upon a debt contract used to finance the purchase of a motor vehicle the trial court did not err in granting plaintiff s Back Library Srch History Cited Cited Brwse Brwse Bac List List List nco n Web P prior Next request for
72. l taken from CaseFinder running under Windows Vista Conventions Used in This Manual In this Manual Alt refers to the Alternate key and Ctrl refers to the Control key on your keyboard These keys are always used simultaneously with some other key while depressing the Alt or Ctrl key you press another key then release both Holding down the Alt key and pressing the S key is represented in this Manual as follows lt Alt S gt The words and or and not are often used to refer to connectors entered into search requests When used in that sense they will appear in small capitals in a bold font AND OR and NOT CaseFinder s Help System CaseFinder has a built in Help system The items on the Help Menu include What s This changes the appearance of the pointer then you move to an item on the screen and click on it to get information about it Contents opens the Help System at the Contents tab where major topics are listed double click for more specific topics Search opens the Help System at the Index tab where an alphabetical list of topics appears type in a letter to jump ahead in the list Read Me accesses the latest readme txt file from the CaseFinder CD which lists information about revisions and bug fixes in the current version of the CaseFinder program Tip of the Day appears at the bottom of the screen every time you start CaseFinder this Help item lets you browse through the entire Tips database About
73. level Also note as you work down into the subparts that the Back button at the bottom of the List when enabled will take you back up one level at a time Note that the Fast Forward button see page 33 above is available in the Library List whenever the List contains document as opposed to book icons 3l 38 CHAPTER EIGHT HYPERLINKING CaseFinder has extensive hyperlinking capability Whenever a citation to a document contained in the CaseFinder databases appears in the text on the screen it is highlighted Place the cursor on the highlighted text it changes into a little hand and click After a brief pause the text of the cited document appears in the Document Viewer CaseFinder has taken hyperlinking one step further when the citation is to a particular page within a case a pin point citation clicking on it will take you directly to the cited page How to Hyperlink HERAS z CLICK ON THE HIGHLIGHTED File Edit Tools Window Help Prior Ne xt Library Srch Citedl Keep History Cited CitedI Brwse Brwse Doc Doc List List n List List List nCp n web X P prior Next CI TAT 1 ON eee ry 49 78 etmeyer v City of Hampton Because the defendants in this proceeding failed to overcome the presumption of validity attaching to an interim city ordinance imposing a stormwater management fee on real property owners the circuit court judgments in favor of the city a
74. lists copyright and version number information and provides access to the Permit generator Help via the Internet Go to the CaseFinder public website at www casefinder com and choose the Support menu for in depth technical explanations of specified topics or e mail tech casefinder com Toll Free Tech Support Technical support is available from 10 00 am to 5 00 pm EST EDT Monday through Friday at 800 457 6045 Please consult the built in Help system this User s Manual and our website before you call most questions are answered in those sources In addition it has been our experience that even though CDs are very durable and scratch resistant CD ROM drives have trouble reading through smudges and or fingerprints on the shiny side of the CD Thus before you call Tech Support try spraying a little glass cleaner on the CD and wiping it witha soft cloth or paper towel and re running CaseFinder CHAPTER TWO A fN INSTALLATION AND UPDATING AMA System Requirements CaseFinder runs under Windows Vista XP 2000 98 95 and NT 4 0 CaseFinder requires a 133 Mhz or better processor 96 MB of free RAM a CD ROM drive and at least 15 MB of free space on the hard drive Though not required we recommend a display resolution of 800 x 600 or higher Installation Generally CaseFinder must be installed by using the setup program on Disc One which copies programs from the CD to your computer records information in th
75. ments brought about by the Windows operating system is the ease with which text can be selected and copied from a document in one application and placed into a document in another application CaseFinder uses this functionality to transfer portions of text from CaseFinder documents into your other applications This Chapter walks you through the process of selecting some text copying it and pasting it into a word process ing application Copying and Pasting Selected Text Let s assume that you are working on a legal memorandum in your Microsoft Word word processor You minimized Word and opened CaseFinder performed a search and you re reading the text of one of the documents you found You find some language that you want to quote in your memo e Open Word and arrange things so that both ee the CaseFinder Document Viewer and Word are they have been violated is typically easy to ascertain Page 699 the contract was put out for bid or it was not Umbelr s new First Amendment by contrast requires a sensitive balancing in each case and the factual question whether political affiliation or disfavored speech was the 2 reason for the award or loss of the contract will usually be litigable In short experience under the V 1 S 1 e government contracting laws has little predictive value BD OF COMMRS WABAUNSEE CTY v UMBEHR 518 U S 668 697 699 1996 Hypertink 1 S 257 BROWNING FERRIS INDUSTRIES v KELCO DISPOSAL 5 t
76. nc is entered as a search term cases containing fence fenced fencerow fences or fencing will be included in the search results Note The Word List discussed below shows the words which would be included in the search if an asterisk were typed into the Entry Bar at the present position of the cursor The question mark known as a wild card character serves a similar though more limited purpose in a search request While the asterisk allows the substitution of one or many characters at that position the question mark allows the substitution of a single character Thus if wom n is entered CaseFinder will include in the results those documents in which woman and women occur By examining the Word List you will be able to discern which words will be included in the search by use of the question mark Apostrophes are significant in CaseFinder Words which contain an apostrophe or which end with an apostrophe are indexed in that form and should be entered exactly as they appear With Possessives Plurals and Tenses on possessives formed with apostrophes will be automatically included in your search results see Ch 6 Additional Searching Tools 17 Hyphenated Words can be entered with the hyphen or as two separate words CaseFinder ignores the hyphen treating the hyphenated word as though it were a phrase and locating all instances where the item preceding the hyphen is immediately followed by the item following the hyphen whether
77. nd v Gabriel 272 Va 659 664 636 S E 2d 408 411 2006 quoting Vanzant v Southern Bending Co 143 Va 244 246 129 Id at 247 48 329 S E 2d at 14 15 emphasis added footnote omitted S E 268 268 1925 If the Commission s findings of fact are not based on credible evidence its findings are not binding and the question presented becomes one of law Great Atlantic amp Pacific Tea Co v Robertson 218 Va 1051 1053 243 S E 2d 234 235 1978 citing Conner v Bragg We next considered a gradually incurred impairment in Merillat Industries Inc v Parks 246 Va 429 436 S E 2d 600 1993 There the 203 Va 204 207 123 S E 2d 393 395 1962 accord Gabriel 272 Va at 664 636 S E 2d at 411 American Motorists Ins Co v Summers 183 Va 428 Commission awarded the claimant compensation based upon a finding of occupational disease for a torn rotator cuff muscle caused by repetitive 431 32 S E 2d 673 674 1945 Page 89 overhead lifting and manipulation of the left arm The Court of Appeals upheld the award Merillat Indus Inc v Parks 15 Va App 44 53 421 S E 2d 867 872 1992 4 Pursuant to Code 65 2 502 A an employer is required to pay to an employee with partial incapacity for work resulting from an injury a weekly compensation equal to 66 2 3 percent of the difference between his average weekly wages before the injury and the average weekly he Hits 10 Relevance Date 1 11 2008 400 relating to occu
78. nder Repeat this process at all the workstations Paths txt For CD tower or other setups with multiple database locations modification of the paths txt file will be necessary The file must include the fully qualified path to each CD in the tower or other database location Don t provide paths to individual databases provide paths to the parent of the folders which contain the databases Updating and Maintenance A new set of CaseFinder CDs is issued to subscribers every month adding recent decisions and other information issued by the courts agencies and legislatures Place the new Disc One in the drive from which the installation was performed Run CaseFinder from the computer workstation or network console from which the installation was performed it will see that the new disc has a later date and ask if you wish to update right now Click Yes and the setup program will run and will automatically update any databases transferred the previous month Each set of CDs completely replaces all prior CD sets if you failed to perform last month s update you can skip it and do this month s update If a new database is added the cover letter accompanying the CDs will notify you a message to that effect will appear the next time you start CaseFinder and the new database will automatically appear in the Database list If you did not transfer databases from the CD to the hard drive at installation you can do so later Run the setup ex
79. nger covers the actual state of the law By contrast when you examine a database of documents with a search request you are looking only for matching words without regard to any substantive classifications established for the documents You are defining the category into which they will belong rather than trying to decide which category some long deceased editor may have decided to place the case based on the law extant in his time Unlike the editors of the past with electronic research if your selection criteria do not produce useful results you can modify them and do the search over in a matter of seconds 15 Think Like the Author Probably the best way to approach a research project in CaseFinder is to put yourself in the position of a judge writing an opinion regarding the matter in question Try to think of a few unique words which a judge would necessarily use in writing that opinion words which would differentiate it from other opinions word innate to the subject matter These words and their relationship to each other could form the basis of a search request that would find relevant opinions Don t use words that are too specific or too related to the facts A number of cases which discuss the relevant issues even though they may arise from different facts will be more helpful to you than a few cases which involve the same facts but different issues The AND connector is your friend Using AND in a search request contain
80. nsolidated Appeal Pri Actions Re Filed After Nonsuit Statutory Construction Code 8 01 380 Rules 1 1 3 5 e 5 17 d ings Statutes of Limitations Plaintiff filed suit for medical malpractice against a doctor and his practice group She did not seek to obtain service of process within one year and to avoid dismissal of the case under Rule 3 5 e she sought and obtained a voluntary nonsuit without notice to the defendants Within six Hits 1 Relevance Date 9 15 2006 6 View the Document The Document Viewer which you can resize or reposition with the mouse displays the full text of CaseFinder documents however they might be accessed search Library Direct to Doc Hyperlink etc The text of documents is fully formatted centering and paragraph indentation generally follow the print version along with italicization for emphasis Illustra tions from the cases appear in the Document Viewer Options let you display text in any font color and size you choose see Ch 12 Customizing CaseFinder The Document Viewer 11 also provides for printing hyperlinking copying and pasting fully formatted text through the Windows clipboard or by dragging and dropping into a word processor finding text within a document and attaching notes to documents However in this chapter we ll stick to the basics By default the text of a case is displayed from the beginning showing the full style of the case
81. nt Viewer EA gt r File Edit Tools Window Help I tl 11 S uh strat o I Wwe a e ret Irt red to Next Hits Hits Library Srch Cited Keep History Citeat Cited y Brwse Brwse 9 Doc Down Up List List n List List List n CD n web P prior Next Search Results 1 13 275 Va 83 Ford Motor Company v Favinger El Page 88 27 5 la 8 3 used in the first exam le above Note amount of overtime that he worked after his injury he must show that he sought work in addition to his normal 40 hour work week and could not gt 9 p find such employment because of his work related injury Ford challenges the Commission s conclusion Page 88 that it was unreasonable to require Favinger to find work in excess of 40 hours and contends that there is no evidence to support the Commission s finding that part time work the citation to Sten rich Gro up vV Jemmo tt 25 1 might conflict with Favinger s duties at Ford Ford acknowledges that if Favinger had demonstrated that he tried to find additional work and that such work conflicted with his job at Ford he would have satisfied his burden to market his residual work capacity V a 1 8 6 gt 1 02 n V V hen you click that hyperlink es In response Favinger argues that his acceptance of a light duty job procured by Ford and his willingness to work overtime when offered by Ford demonstrates that he marketed his residual capacity to work more than 40 hours per
82. onwealth If the description of a filter is lengthy for example Include Maladjusted Programmers Society it will be cut off but if you let your mouse pointer hover over the description for a second the full description will pop up in a little tool tip window 24 inet In this example the user wants to find cases about euey i eae BE ta we fa SB uninsured motorist coverage in which one of the major Include Cancel insurance companies was a party The user has entered C Exclude i DO State Farm as the filter and has checked the include option The Name Filter is not case sensitive 1 e it ignores capitalization It supports the use of all the elements of a regular search request including connectors parentheses synonyms the global replacement character and the wild card character see Ch 5 This feature remains active until you turn 1t off in the Name Filter check box Search Subset The Search Subset feature allows you to perform a search within your original search results Let s say you ran a simple search and after reviewing your search results realized that adding another search term would have helped limit your results With Search Subset you don t have to start your search from scratch Enter another search request into the Entry Bar at the top of the Search Request Screen and click Search Subset CaseFinder will search only the documents from your original search results for the n
83. or not a hyphen appears between the two parts This has the advantage of finding all the documents containing the hyphenated word regardless of the preference of the author as to the necessity of hyphenation However CaseFinder cannot automatically search for both variations of words which appear both hyphenated and as a single word such as pre empt and preempt In those situations enter both forms connected by or or treat both forms as Synonyms see Ch 6 Additional Searching Tools Word combinations using a slash such as attorney client cannot be entered in the Entry Bar the slash instructs the search engine to use word proximity However when the indexes were created such words were treated in the same manner as those containing a hyphen Thus if you enter the combined word as a phrase the search results will include instances where the two words were separated by a slash a hyphen or a space Phrases In addition to words or numbers you can enter phrases in your search request such as res judicata or harmless error or 206 Va 924 To enter a phrase simply type in the elements of the phrase without a connector between them don t put the phrase inside quotation marks but 1t will still work 1f you do In order to score a hit a document must contain the phrase exactly as entered except when the phrase incorporates a noise word discussed below A phrase is treated by CaseFinder as an individual item in the se
84. ow that he sought work in addition to his normal 40 hour work week and could not find such employment because of his work related injury Ford challenges the Commission s conclusion Page 88 that it was unreasonable to 1n the Va S upreme Court finds 1 3 C ase S 9 require Favinger to find work in excess of 40 hours and contends that there is no evidence to support the Commission s finding that part time work might conflict with Favinger s duties at Ford Ford acknowledges that if Favinger had demonstrated that he tried to find additional work and that bs 2 such work conflicted with his job at Ford he would have satisfied his burden to market his residual work capacity 1 I C u 1 g a ear t e e O t e C ase 9 In response Favinger argues that his acceptance of a light duty job procured by Ford and his willingness to work overtime when offered by Ford e demonstrates that he marketed his residual capacity to work more than 40 hours per week He also contends that it would be unreasonable to we C 1C O I t e citatio I to a e e expect him to work part time for another employer because the hourly rate of pay would be significantly lower than the rate he earned working overtime at Ford And if he accepted such a position he would not be available to work overtime when Ford offered it to him In short Favinger contends that he marketed himself by simply being available upon a moment s notice to work overtime at For
85. p 26 Appeals to the Supreme Court 8 01 669 8 01 675 2 Art 2 When Granted 8 01 670 8 01 672 the cost of the programs 2 Since each of the 30 judgments involves a matter not merely pecuniary Code 8 01 672 appellate review is not precluded by the amount of each judgment 8 01 672 Jurisdictional amount No petition shall be presented for an appeal from any judgment of a circuit court except in cases in which the controversy is for a matter of 500 or more in value or amount and except in cases in which it is otherwise expressly provided nor to a 3 Municipal corporations are prima facie the sole judges of the necessity and reasonableness of their ordinances and the presumption of their judgment of any circuit court when the controversy is for a matter less in value or amount than 500 exclusive of costs unless there be drawn in validity governs unless it is overcome by unreasonab lt css appa on the face of the ordinance or by extrinsic evidence which clearly question a freehold or franchise or the title or bounds of land or some other matter not merely pecuniary Code 1950 8 464 1977 c 617 establishes unreasonableness History 4 The trial court s finding is accorded a presumption of correctness Date 2 27 1998 When you are viewing the text of a hyperlinked document all of the functions in the Document Viewer are available printing copying CitedIn Notes Find in Tex
86. pational diseases requires that the condition for which compensation is sought as an occupational disease must first qualify as a disease 246 Va at 432 436 S E 2d at 601 However we said neither the Commission nor the Court of Appeals determined whether the 12 13 Reversing the judgment of the Court of Appeals and entering final judgment for the employer we said that Code 65 1 46 now 65 2 claimant s rotator cuff tear was a disease but rather found the tear compensable as an occupational disease because there was a causal connection between the tear and the work place by applying the six factors listed in Code 65 1 46 now 6 r 400 This causality analysis standing alone we stated does not comply with the requirements of the Act for determining compensability oMin impairment and furthermore n251V we click on the cite to V 2 I 2 1 1 8 t would permit the allowance of compensation for any ailment as an occupational disease as long as it is shown to be causally connected to the a 2 e C 1C O e Cl e O a h work place by meeting the six factors set out in 65 1 46 now 65 2 400 ld Code 65 2 400 As we had done in previous cases we pointed out that the categories of compensable impairments created by the legislature accidental injury and occupational disease are separate Page 197 meaningful categories Id at 433 421 S E 2d at 602 We repeated the Holly Farms m admonition that
87. precede any judicial databases tan books at the top of the Search Results List The Search Results List When it completes a search CaseFinder displays information about the documents that satisfied the search in the Search Results List The manner in which information about a document is displayed depends upon the type of database in which it was found If the document is a judicial decision a document icon will appear or possibly a web docu ment icon followed by the name of the case or other information identifying the docu ment the official citation and the number of hits in the document or if the results are being displayed by relevance ranking a percentage figure see Ch 12 Customizing CaseFinder Double clicking on that item will open it in the Document Viewer If the document came from a database of statutory or constitutional provisions rules regulations etc the initial Search Results List will display the first level of subdivisions within that database which contains hit documents An example will help At the time this manual was written a search on the Virginia Code for military found 387 hit sections in 41 different titles of these Title 44 Military and Emergency Laws contained 170 hit sections 32 fil CaseFinder Search Request Screen When you re searching statutory databases eal Spe PE you generally have a preconceived idea of i which subdivisions
88. r needs to access a database from another CD If you have enough room the installer program will tell you you can transfer a the databases from the CDs to the hard drive However even if all the databases are on the hard drive one of the Discs must still be in the drive for CaseFinder to run unless you install a Concurrent Use Permit see above We recommend that you at least transfer all the databases from the Disc that you will use the most and leave another Disc in the CD drive Note If you subscribe to CaseFinder when you update the system with each month s set of Discs CaseFinder recognizes which databases were transferred to the hard drive and automatically updates them if necessary If you click Yes a list of databases appears showing which Disc they are on Below that the name of a Data Folder is suggested folders will be created under the Data Folder to hold database s that you select for transfer To choose a different Data Folder click Browse and navigate to the desired location then click OK to return Click to place a checkmark in the box for each database you wish to transfer As you do so the total amount of data to be transferred will be stated at the bottom of the screen just above a statement of the available free space When you re done click Next 6 A Program Folder for the CaseFinder program icon is suggested you can specify a different location if you wish This is where the Program icon will appear in
89. rd drive Print ist Notice that in the initial Library List the icon for each database 1s a book As discussed earlier see Search Results List above book icons represent containers The contents may be documents represented by document icons or more book icons representing volumes or other containers such as titles chapters subparts etc Databases of judicial opinions represented by tan book icons are usually subdivided into volumes or in the case of unpublished decisions years or jurisdictions or some other logical division When you double click on this type of database the next screen will list the volumes or subdivisions in the database Double click on the volume that contains the desired document and the next screen will list the cases represented by document icons Double click on the case you want to open in the Document Viewer Databases of statutes constitutional provisions etc anything represented by a black book icon usually contain several levels of containers or subdivisions each of which will be represented by another black book icon Keep clicking those icons until you work your way down to the statutes themselves represented by document icons As you work your way down through the subparts note that a hierarchy of subdivisions appears above the List as a series Of hyperlinks click on one of them to go back up to that
90. re affirmed Libra Cities Counties and Towns Stormwater Control Programs Validity of Ordinances Stormwater Control Fees Appealable Judgments TO VIEW THE DOCUMENT A city adopted an interim stormwater management fee ordinance At that time defendants owned seven parcels of residential property in the city Defendants did not pay the fee and the city filed seven motions for judgment in general district court to collect the stormwater mana ent fees for their parcels of land In response the defendants asserted that the ordinance does not comply with Code 15 1 292 4 The ge district court consolidated the actions and entered judgment for 210 against the defendants who then appealed to the circuit court No rty presented any testimony before the circuit court The defendants did however introduce into evidence a feasibility study prepared by sulting engineers Defendants argued that the ordinance fails to assess fees on the basis of a property s contribution to stormwater runoff required by Code 15 1 292 4 The circuit court entered seven judgments against the defendants in the amount of 30 each for a total of Defendants appeal Text in effect from and after the effective date of Acts 1977 c 617 1 Code 15 1 292 4 authorized local governments to adopt stormwater control programs and to impos arges on property owners to finance Title 8 01 Civil Remedies and Procedure Cha
91. re viewing will appear Unlike Shepard s we don t tell you what the citing court said or did we also don t charge as much Instead we make it quick and easy for you to check every citing case to see exactly what was said and whether it affirmed distinguished or overruled the document in question Move the selector bar to a case in the CitedIn List and press lt Enter gt or double click on a case If the database containing that case is not immediate ly available you will be prompted to insert the other CD in the CD drive or to provide the location of the database If the database is immediately available four things happen 1 The text of the citing case appears in the Document Viewer 2 The CitedIn List becomes the list referred to in the Source panel 3 The CitedIn List button in the Document Viewer becomes enabled and 4 Had you been viewing a hyperlinked document the return links in the chain of hyperlinks will be lost although the documents in the chain of hyperlinks will be available from the History List discussed below at page 36 By default CaseFinder opens documents at the beginning When the document contains hit words from a search request a button on the Document Viewer labeled Hits Down will be enabled when you click on it CaseFinder takes you down to the first instance of the hit word in the document and highlights it in a color you have chosen There is also a button labeled Hits Up that does the same thing in the o
92. ree thus far entered See Ch 12 Customizing mora Sisco yen CaseFinder for Word List options The Word Bi ca List checks spelling it discreetly goes blank os G when a typo is entered Continue typing or click on a word in the Word List to copy it into a the Entry Bar Note The Word List is not sparen functional when you are performing a multiple database search 4 Launch the Search Start your search by pressing the lt Enter gt key or by clicking on the Start Search button A small window appears with a little magnifying glass circling around in it to amuse you while CaseFinder examines the chosen database to find those documents which contain your search request If the search request finds any documents it will be saved for the rest of the session 10 and can be permanently saved See Ch 5 Power Searching 5 Examine the Search Results When CaseFinder has finished searching the Search Results panel will open listing the documents that were found In the space above the list the number of documents found the databases that were searched and the search request are set out By default the documents that satisfied your search request are listed in sm File Tools Window Help Start Search reverse chronological order i e the most recent 55 selwe smi aman case 1s listed first but see Ch 6 Additional o Searching Tools for other listing options For each document the nam
93. rience under the government contracting laws has little predictive value The additional damages being by way of punishment it is not a valid objection that the sufferer instead of the State receives them The power of the State to impose fines and penalties for a violation of its statutory requirements is coeval with government and the mode in which they shall be enforced whether at the suit of a private party or at the suit of the iat a a a a BD OF COMM RS WABAUNSEE CTY v UMBEHR 518 U S 668 697 699 1996 Hits Relevance Decided 6 26 89 ZA stan 51 A E Paint Shop Pro FH CzseFinder Search Recue Ffi CaseFinder Documen 3 Documenti Microsoft Wor MARS 202AM t ch Ciizd i Keep History B Br j List List ua List List cam Keep Prior 492 U S 257 BROWWNING FERRIS INDUSTRIES v KELCO DISPOSAL E Page 299 the Excessive Fines Clause will place some limits on awards of punitive damages that Al Click and drag to select the desired text e ert c Sa A py y d ey Let up on the mouse button Then click and hold with the left mouse button in the selected are tt i n text The cursor will turn into a circle with a si imc ree sufferer instead of the State receives them penalties for a violation of its statutory requirements is coeval with government and the mode in which they shall be enforced whether at the suit of a private party or at the
94. ry List Search List CitedIn List Keep List and History List When the caption of any of these buttons is enabled black text that List has documents on it if the caption is greyed out disabled there are no documents on the List Clicking an enabled button displays that List Each List contains a Return to Document button which will take you back to the current document If you open a document from a List 1 That List is now referred to in the Source panel 2 The chosen document appears in the Document Viewer and 3 if you had been viewing a hyperlinked document it and any hyperlinks that led up to it are lost Well not lost lost they re still on the disc and they can be accessed from the History List see below at page 36 The Database List A major enhancement in this version of CaseFinder is the ability to search multiple databases at one time Selecting databases for inclusion in a search is done at the Database List illustrated on the next page 31 The Database List is always displayed when you start CaseFinder All of the databas es that are on your CaseFinder CDs are shown in this list Depending upon how you installed CaseFinder see Ch 2 Installation and Updating not all of the databases are immediately available Those databases which are immediately available because they are on the CD currently in the CD ROM drive or they were transferred to an accessible hard drive oe pm are shown in full
95. s being by way of punishment it is not a valid objection that the sufferer instead of the State receives them The power of the State to impose fines and penalties for a violation of its statutory requirements is coeval with government and the mode in whic h e ey sl shall be enforc ether at the suit of a private party or at the suit of the MPAA 204AM ts ar eci AsStar ESA Mg Paint Shop Pro Image25 TT der Search Reque fji CaseFinder Documen F Document Microsoft Word File Edit View Insert Format Tools Table Window Help OSE S6RY Alo doce Ea Uncertainty breeds litigation Govi e cl ailed an they hav e bee wilate i s typic cally ez aya conan tes Ger fe con seco a aie tid r it was not Umbehr s new First Ameni ehe b y Ci s a sensitive balancing in ach case and he bel gue sn eter pit fia or disfav ored speech was the n for the aw shire ETAN tities able In chai experience under the San ernie falah iba GL pee edictive When the selected text is dropped in your word processor the text is fully formatted and followed by the full citation of the source including the name in italics the official BD OF COMM RS WABAUNSEE CTY v UMBEHR 518 U S 668 697 699 1996 o A ye adar sone pig of a provision o er depi fio R ey iames isus saa or how wolved a state statute pri viding Er de se demas sto peer indiv i tal who 5 affer req hern d n to a railroad s failure to mainta
96. s beneath it meaning that CaseFinder imposes no constraints on the age of the documents it retrieves Click on the check box and a pair of dates will appear beneath indicating the range within which a document must fall in order to appear in the Search Results List To change the range of dates within which documents must fall click the Time Frame Edit button a window will pop up Use the spin buttons to set the month day and year for the before and after dates To retrieve all documents before a given date set the after year to 1700 by typing in the box or using the spin button Click OK when you ve set the dates Name Filter This feature filters the results of a search request so that the Search Results List includes only those documents whose names or for statutes whose catchlines either include or exclude a word or phrase that you specify Note this feature works in conjunction with a search request to limit the results if you simply want to find a case or code section based upon a word in its name or catchline use the Search Names feature discussed later in this Chapter Activate the Name Filter by clicking its check box in the Settings Panel of the Search Request screen If no filter was previously entered a pop up box will appear which you use to enter a filter illustrated below The description of a previously entered filter appears under the check box when it is checked for example Exclude Comm
97. st to the total number of words in a document a higher hit density moves the document up on the list Age means the date of the decision the older the date of the case the further down the list it goes Precedence means the number of times the document has been cited by other 50 cases in the CaseFinder databases the more times it has been cited the higher up the list it is placed The bottom slider under Real Ranking Plus is labeled Enhanced Precedence it incorporates an additional method of determining relevance by reference to precedential weight Internet The fifth Options tab is labeled Internet You need to fill in information on this tab only if you access the Internet by way of a proxy server through your organization s network You will need to obtain the information requested in this tab from your network administrator Amendments The last Options tab is labeled Amendments The options on this tab allow you to change how the inserted or deleted text appears in the amendments in the Virginia Code Archive database You can choose the color of the inserted or deleted text along with effects such as bold italicize underline or strike through To choose the color click on the box for the color you want to set and a little menu pops up from which you can choose to go back to the default colors or to pick a custom color When you click on Custom a standard Windows color picker appears showing basic colors
98. t Then go the application into which you want to paste the text and select Paste from its Edit menu or usually press lt Ctrl V gt The text will be fully formatted and followed by the complete citation as set out above if the application supports certain Microsoft Windows standards which WordPerfect for Windows does BSAS 204A By default CaseFinder places the citation on a separate line after the quoted material as that is the conventional location in briefs and or legal memoranda However you can choose to append the citation to the end of the quoted material or to place the citation before the quoted material see Ch 12 Customizing CaseFinder Printing Selected Text To print selected text click on Print from the File menu In the Print Range panel of the printer dialog box click on the Selection option then click the OK button 44 CHAPTER TEN PRINTING Documents printed from CaseFinder look professional You can choose the font and size of the type set the margins select justified or normal text choose normal or two column printing and enable or disable widow orphan control You can select text from a document and print just the selection Most Lists in CaseFinder can be printed When you have a list of documents on the Library List Keep List or CitedIn List you can print all of the documents with a single click Setting Printing Options You can set lots of printing opt
99. t etc Hyperlinks appear in hyperlinked documents so you can link from one document to the next creating a chain of hyperlinks any number of times In addition like any other document a hyperlinked document can be added to the Keep List However there will be no highlighted search words in the text of a hyperlinked document because the document was not found in response to a search request The Source panel will tell you that you are hyperlinking and identify the current hyperlink in the chain by number e g Hyperlink 3 As you hyperlink from one document to another the hyperlink number increases by one The Back button see below takes you back to the previous document in the chain decrementing the hyperlink number 39 Unlike other CaseFinder documents hyperlinked documents do not reside on a list Consequently the Next Doc and Prior Doc buttons are disabled when you are viewing a hyperlinked document However hyperlinks have a button all their own the Back button Clicking on Back or pressing lt Alt B gt returns you to the document from which you initiated the hyperlink at the place in that document from which you initiated it inder Document Viewer EE TFI JL TL TL Jer glede 1 A search on employees w 2 disabilities Search Results 1 13 275 Va 83 Ford Motor Company v Favinger IE Page 88 amount of overtime that he worked after his injury he must sh
100. t Purge Print Documents from the Document menu CaseFinder allows you to save Keep Lists After adding documents to a Keep List click on the Keep List button to open the current Keep List To save this list click on Save as Windows will prompt you to give your Keep List a file name Enter a clever name to help you remember what is on the Keep List and click Save CaseFinder saves the Keep List in your CaseFinder Users folder so you can access it later To start a new Keep List click on the Clear List button from the Keep List You are now ready to start saving documents to a new Keep List To access a saved Keep List click the Open button on the Keep List CaseFinder will display the Keep Lists saved in your User folder Select the Keep List you would like to open by clicking on the Keep List name and then Open The saved Keep List will appear and you can now view delete or add documents to this list Don t forget to save your Keep List again if you make changes The History List Our latest if and when you need it you ll say greatest feature is the History List The History List records the name citation and source of every document you ve opened in the Document Viewer in the current session of CaseFinder in the order in which you opened them If you open a document more than once it will be listed more than once The History List was designed to be a life saver Say you ve been doing some research for a long long time an
101. the first one or two letters of a word might be entertaining but hardly useful The Limit word list to box and spin buttons let you specify the number of words that will appear in the Word List the default is 50 the maximum is 1000 Viewer The second tab at the Options window is labeled Viewer In the top part of the tab the current Viewer font is displayed To change it click on the Change button A standard Windows font selection dialog box will open from which you can select any font and font size available to your computer You will not be able to change the style of the font CaseFinder has to use the regular style so that italicized and or bolded text will stand out After selecting your new font you can click OK to return to the Options tab and from there you can click Apply while the Document Viewer is open to see the effect of the font change In the middle portion of the Viewer tab you can choose the colors of the background text hit words hyperlinks and page numbers in your Document Viewer Click on the box for the color you want to set and a little menu pops up from which you can choose to go back to the default colors or to pick a custom color When you click on Custom a standard Windows color picker appears showing basic colors and any custom colors you ve previously defined Click on the box with the color you want or click on the Define Custom Colors button if nothing quite suits your fancy Click on OK wh
102. the mixed question is whether these impairments which all parties agree were gradually incurred constitute diseases within the contemplation of the Act In resolving this part of the question the crucial inquiry is whether the Commission correctly applied the law to the established facts See Cinnamon v International Business Machs Corp 238 Va 471 474 384 S E 2d 618 619 1989 As first enacted in 1918 what is now the Workers Compensation Act provided compensation only for injury by accident arising out of and in the course of employment Compensation for disease in any form was excluded except where it results naturally and unavoidably from the accident Acts 1918 c 400 2 d 5 We first dealt with the question of a gradually incurred injury in Aistrop v Blue Diamond Coal Co 181 Va 287 24 S E 2d 546 1943 In Aistrop we said that injury of gradual Page 193 growth caused by the cumulative effect of many acts done or many exposures to conditions O O n O es prevalent in the work no one of which can be identified as the cause of the harm is definitely excluded from compensation d at 293 24 S E 2d Hits Relevance Date 3 1 1996 CaseFinder accesses footnotes in a manner similar to the hyperlink function When you click on the highlighted superscripted footnote number in the text CaseFinder will jump forward to the text of that footnote When you ve read the footnote click on the foo
103. ther direction When you are viewing cases from the CitedIn List the Hits Down and Hits Up buttons get renamed Cite Down and Cite Up When you click on them CaseFinder takes you directly to the citation of the case being cited and highlights it Instead of opening the case at the beginning you can set an option to open cases at the first occurrence of a hit word or when you re working with the CitedIn List to open cases at the first occurrence of the cite See Ch 12 Customizing CaseFinder When you open a case from a CitedIn List the list is saved for later use and you can return to it by clicking the CitedIn List button Only one CitedIn List can be stored in memory at any one time This is for your own good trust us You can view the CitedIn List for other documents but if you decide to open one of the cases you will be notified that you will 34 overwrite the CitedIn List from which you last accessed a document and you will be given the option of proceeding or canceling When the CitedIn List is on the screen you must either click one of its buttons or open a case from it before you can do anything else in CaseFinder One of the buttons on the CitedIn List screen is labeled Return to Document so you can always get back to where you came from As with the other Lists one of the buttons on the CitedIn List is labeled Print This List The citation of the case being cited by the cases on the list appears in the caption of th
104. tnote number to return to the point in the case from which you accessed the footnote If you hyperlink to another document from a hyperlinked footnote the footnote will become your new position in the case Footnotes are physically located at the end of the opinion When there are dissenting or affirming opinions the footnotes appear at the end of their respective opinions Hyperlinking Without Links Sometimes while reading the text of a document you will want to quickly look at the text of some other document whose citation you know but that citation doesn t appear high lighted in the text before you No problem With CaseFinder you can access any document even though a hyperlink to it is not present in the current Document Viewer window Select Hyperlink from the Tools menu at the top of the Document Viewer A dialog box drops down Enter the exact citation of the document to which you want to hyperlink and press the OK button If you aren t sure of the format of the citation minimize the Document Viewer so you can see the Search Request screen click on the Databases tab and right click on the database whose citation format you re interested in An on screen menu will appear with the citation format shown toward the bottom Alternatively minimize the Document Viewer click on the Library tab and open the document from there 42 CHAPTER NINE COPYING amp PASTING TEXT One of the major improve
105. typo Note The Word B List is not functional when you are performing a multiple database search the time that would be required to determine whether the word you its are entering exists in any of the multiple databases would be annoying Currenc y Search 4 30 2008 15 ed 4 30 2008 6 ji 4 30 2008 gt hed 4 30 2008 8 z 4 30 2008 lict of Interest Opinions Unpublished 4 30 2008 va Circuit Court Decisions 4 30 2008 K Legal Ethics and Unauthorized Practice Opinions 4 30 2008 Virginia Constitution 4 30 2008 4 30 2008 5 1 2008 4 30 2008 4 30 2008 eral District Court 3 7 2008 4 30 2008 4 30 2008 A number appears to the right of each word in the Word List showing how many times the word is contained in the selected database Note This is not the number of documents that contain the word 20 could mean that only one document contains the word but it appears 20 times in that document Connectors Five Connector Buttons appear in a vertical row on the left side of the Search Request screen Clicking one of these buttons adds the indicated connector to the search request at the current cursor location in the Entry Bar Connectors can also be entered in the search request by holding down the lt Alt gt key and pressing the underlined letter on the face of the button Experienced CaseFinder users usually type in the connectors
106. uard the Virginia State Defense Force the naval militia The S earch Re sults List and the Library Li St and the unorganized militia 1930 p 948 1942 p 642 Michie Code 1942 2673 1 1944 p 24 1958 c 393 1970 c 662 1973 c 401 1976 c 399 1979 c 647 1984 c 765 1989 c 414 also have a Back button When the items in a be List were derived from an item which bore a book icon the Back button will take you back to that level Date How the Document Viewer Works with Lists You will usually be working from a List when you are viewing documents in the Document Viewer The Source panel to the left of the Document Information Bar always displays the source of the text being viewed If the source is a List the name of the List is shown along with the total number of documents on the List and the position of the current document on that List e g Search Results 1 170 Whenever you re viewing a document from a list clicking on the Next Doc button or pressing lt Alt X gt brings up the next document on the list clicking on the Prior Doc button or pressing lt Alt P gt brings up the prior document on the list If you re looking at the first document on a list the Prior Doc button is disabled likewise when you re looking at the last document on the list the Next Doc button is disabled You can switch to a different List at any time Five buttons on the Document Viewer bear the captions Libra
107. ument lists from ordinary lists we will capitalize the word list The first part of this Chapter will discuss features common to one or more of these Lists after which each of the Lists will be discussed in greater detail Common Features of Document Lists These six Lists share certain features and abilities Each item in the Lists is identified by one of four icons a book icon a document icon a web book icon or a web document icon If the item bears a document or web document icon it will be followed by its name and citation and sometimes additional information double clicking on it will open the Document Viewer and display the text of the document If the item bears a book or a web book icon it will be followed by the name of a collection e g titles chapters subdivisions etc double clicking on the item will display its contents which may be documents but could also be additional volumes chapters subparts articles or other subdivisions All Lists contain two or more columns The nature of the information in a column is described in its header The width of a column can be adjusted by placing the mouse pointer on the line between column headers then clicking and dragging to adjust their width This is handy when the text in a column is too wide to display in its entirety If a horizontal scroll bar appears at the bottom of the List all or part of one or more columns is not visible narrow the visible columns to pull th
108. ur work week and could not find such employment because of his work related injury Ford challenges the Commission s conclusion Page 88 that it was unreasonable to require Favinger to find work in exces of 40 hours and contends that there E no evidence to support the Commission s finding that part time work V a 8 3 fro I l W 11C Wwe y perli I k ed tl e first t I l e might conflict with Favinger s duties at Ford Ford acknowledges that if Favinger had demonstrated that he tried to find additional work and that such work conflicted with his job at Ford he would have satisfied his burden to market his residual work capacity In response Favinger argues that his acceptance of a light duty job procured by Ford and his willingness to work overtime when offered by Ford demonstrates that he marketed his residual capacity to work more than 40 hours per week He also contends that it would be unreasonable to expect him to work part time for another employer because the hourly rate of pay would be significantly lower than the rate he earned working overtime at Ford And if he accepted such a position he would not be available to work overtime when Ford offered it to him In short Favinger contends that he marketed himself by simply being available upon a moment s notice to work overtime at Ford 1 3 An award by the Commission is conclusive and binding as to all questions of fa
109. ve letter followed by setup and click OK 3 Click Yes or Next until you get to the Choose Destination Location screen The installer will suggest c program files Casefinder as the application folder but that refers to the local c drive which you don t want Click Browse and navigate to the application folder on the file server that you created in step one when it shows up in the path box click OK and you will return to the Choose Destination Location screen Click Next 4 You will be asked if you wish to transfer some or all of the CaseFinder databases from the CD to the hard drive Click Yes and then click in the check box of each database that you wish to transfer A folder will be created under the application folder for each database and the database files will be transferred into those folders at a later point in the program You can use the Browse button to choose a different location for the database folders if you wish Click Next when you re done 5 A screen will suggest a Program Folder to hold the CaseFinder icons click Next 6 You will be asked if you want to create a shortcut on the desktop click Yes 7 The installer will proceed to copy files displaying a progress bar It will prompt you when it needs Disc Two and Three 8 A screen will ask if you want to run CaseFinder or view the Readme file decline and click Finish You may be asked to re boot the computer Go to Workstation Setup on page 7 Installin
110. we recommend leaving underlining on The Bold Hits check box applies a bold font to the hit words even though you might pick a bright color above bold makes them even easier to see especially if you re using a high resolution monitor with lots of text on the screen Another hits option is Margin Hit Markers this places a colored triangle in the left margin of any line that contains a hit word CaseFinder normally opens documents at the beginning The two check boxes under Open To First Hit on the right control instruct CaseFinder to open documents at the location of the first hit when you re looking at a document found as a result of a search or the first citation when you re looking at a document from the CitedIn list Printer Printer options are explained in Ch 10 Printing Relevance When it lists the results of a search CaseFinder supports two types of relevance ranking Real Ranking and Real Ranking Plus The Relevance tab at the Options window lets you adjust the weight given to the factors that CaseFinder considers in determining each type of relevance The upper portion of the tab has three sliders which let you adjust the weight given to Hit Density Age and Precedence in determining the relevance ranking assigned to a document and thus the position of the document on the Search Results list Hit Density is determined by comparing the number of occurrences of the word s in the search reque
111. y be a better way to use the web site if you have a dial up connection Typically you d first select Search CD run your search request examine cases place documents on the Keep List etc When you re through with that part switch to Search Web and run the search again this time on the databases on the website as a way of checking to see if there are any later cases of importance 2 1 28 CHAPTER SEVEN USING LISTS Your research will produce groups or collections of documents For instance running a search produces a group of documents that satisfied the search request Clicking on the CitedIn CD or CitedIn Web buttons produce a group of cases that cite the current document As you work through a research project you may want to collect documents of particular relevance in one place CaseFinder displays some of these groups in one of several Docu ment Lists You create other Document Lists by placing documents on them This Chapter discusses the features common to all of these document lists and explains the role each plays in the research process CaseFinder Document Lists Lists are acommon feature of Windows programs CaseFinder uses them in a number of places Six lists are integral to the selection and retrieval of documents from the CaseFinder databases the Databases List the Search Results List the Library List the Keep List the CitedIn List and the History List To differentiate these doc
112. y connected to the work place by meeting the six factors set out in 65 1 46 now 65 2 400 ld 4 V V e returned to 2 5 1 Va 1 8 6 at the exact As we had done in previous cases we pointed out that the categories of compensable impairments created by the legislature accidental injury and occupational disease are separate Page 197 meaningful categories d at 433 421 S E 2d at 602 We repeated the Holly Furms TI admonition that a definition of either injury or disease that is so broad that it would encompass any bodily ailment of whatever origin is too point from which we hyperlinked the second trom because ia acy wc coa tne icles STAN sef forin ia dhe AE ld Ad We enn Gul Gomi that i f this distinction is to be done away with the legislature must do so d ime We click k in gt 14 Finally ted that t he Gi lA bly still hi t altered thi ti f inji dd has it substituted ingle test X tl e 7 e clic B ac ag al nally we note a e General ssembiy sti jas not altere je categories of injuries an seases nor has t substituted a single tesi Hits Relevance Date 3 1 1996 Jer Document Viewer File Edit Tools Window Help Next Hits E Srch citeal Keep History Citeat Cited peep Brwse Brwse A z 5 And we re ri ght back to the place in 275 amount of overtime that he worked after his injury he must show that he sought work in addition to his normal 40 ho
113. y v F amp S Financial Marketing 271 Va 329 626 S E 2d 821 2006 A is need to return to the Search Results List DENISE BERRY Instead click on the Next Doc or Prior Doc v F amp S FINANCIAL MARKETING INC button in the Document Viewer This function ality works when you are viewing documents from any List as indicated by the Source Record No 050702 Decided March 3 2006 Present All the Justices In an action to collect upon a debt contract used to finance the purchase of a motor vehicle the trial court did not err in granting plaintiff s request for a nonsuit made prior to the defendant s lodging of a motion to dismiss for failure to satisfy the one year service of process requirement set forth in Rule 3 3 c and Code 8 01 275 1 The judgment granting the nonsuit is affirmed panel Practice and Procedure Nonsuits Service of Process One Year Rule Service After One Year Timing of Motions and Nonsuit Applications Statutory Construction Rule 3 3 Code 8 01 275 1 Defenses Bars to Suit Vested Rights Due Process The plaintiff financial company filed suit in general district court to recover the balance due under a contract to finance the purchase of a motor A r ll thr h th t xt f vehicle and arranged service of process through the Secretary of the Commonwealth When the defendant defaulted plaintiff commenced S you SC O oug e e O a C as e 9 garnishment proceedings After rece
114. you ve found a particularly productive search request and want to save it for use in future sessions of CaseFinder select it in the Prior Search Requests This Session list then click the Add to Archive button at the bottom of the panel and it will appear in the Archived Search Requests list You can copy a search request from either of these lists into the Entry Bar by clicking on it double click on a request in its list to launch the search To remove a search request from a list select the offending castas Item then click the Delete from Archive button Add to Archive 21 22 CHAPTER SIX AK 1 Chapter 3 showed you how to do simple searches Chapter 5 showed you how to enter special characters and powerful connectors in the search request This Chapter discusses searching features that are not implemented within the search request itself including the items in the Settings panel on the Search Request Screen Search Subset and how to find a word within the text of a document in the Document Viewer ADDITIONAL SEARCHING TOOLS Ah Possessives Plurals and Past Tenses An option in CaseFinder lets you automatically include regularly formed possessive plural and past tense forms of the words in the search request By regularly formed we mean adding an aposwophe s or an apostrophe 1f the word ends in s to form the posses sive adding
115. you want then type in the citation as a phrase no quotation marks and click on the Direct to Document button or press lt Alt M gt If you re not sure about the format of the citation go to the Databases List at the Search Request screen and right click on the name of the database a pop up menu appears one item of which displays the format s for the documents in that database You can even provide Direct to Document with a pinpoint cite for example type 5 5 U S 646 650 and click Direct to Document and you will go to page 650 of that opinion Search Names Often you can remember one of the names in the style of a case along with the jurisdic tion but you won t have the foggiest idea of what the citation was Or you might be pretty sure that the catchline of a code section contains a particular word but you can t remember the cite In such situations go to the Search Request screen select the database type the word you can remember into the Entry Bar and click on the Search Names button CaseFinder will only look at the names of cases or the catchlines of code sections in performing the search but all of the searching options such as global replacement characters proximity searching etc see Ch 5 Power Searching can be used in crafting the search request Search Cites If you know a part of a citation but not the rest Search Cites can help you out Unlike Direct to Document Search Cites can use the global replacement

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