RESEARCH STRATEGY
When searching for multiple concepts such as punitive damages,
professional liability, and reinsurance,
search results presented in a linear list (such as with Google) might
not be helpful. Instead, the clustering of concepts (the grouping of related
ideas) can make your research more effective. Clustering search engines
arrange search results into groups around a common theme, in this case
punitive damages. These types of searches are very useful
when exploring a topic for the first time, when you may need to learn
about its various sub-topics. This type of search is also extremely helpful
in identifying the vocabulary associated with the topic, both generally
and specifically.
1) Find out what punitive damages
are.
Finding the definition of punitive damages
is quite straightforward with virtually any search engine. Using the WiseNut
search engine (www.wisenut.com), enter the following
search query:
punitive damages
In addition to a list of hits, the top of
the page contains a menu in grey with a number of topics relating to the
concept of punitive damages. Click on the Punitive
damages Definition (3) link in this cluster
menu. The resulting page provides links with definitions of punitive
damages.
Note also that the clustered concepts are
followed by (search this) . Clicking this link
allows you to make a clustered search for that specific search query.
Sneak-a-peek
Clicking on the (Sneak-a-Peek)
link opens a window in the results page. This window allows you
to preview the linked site without leaving the results page. Sneaking
a peek at the first two links reveals that they contain a definition
of punitive damages at the very top of the first page in
each site.
NB: Sneak-a-peek may
not work with all Internet browsers. |
Answer
1) Punitive damages are money
the defendant in a lawsuit is sometimes ordered to pay when the
behaviour at issue is held to be especially egregious.
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2) Can ‘lost’ punitive damages
be awarded as compensation in legal malpractice actions in US jurisdictions?
Using the iBoogie search engine (www.iboogie.com),
enter the following search query:
“punitive damages” “legal
malpractice”
Like WiseNet, the iBoogie search engine
returns a page which contains clustered concepts on the left-hand side
of the page. In the clustered results, there are several items which appear
promising, especially the link entitled lost punitive damages.
Clicking this link should provide an answer
to the question as to whether ‘lost’ punitive damages can
be awarded in US jurisdictions.
3) Is it possible to insure potential losses
for punitive damages in US jurisdictions?
Using the Vivisimo search engine (www.vivisimo.com),
enter the following search query:
“punitive damages”
Searching
for a phrase
Remember that you may
get different results depending on whether you search for a phrase
using quotation marks, e.g. “punitive damages”,
or for two separate keywords without quotation marks, e.g. punitive
damages. |
Like other clustering engines, Vivisimo
provides a list of clustered results. On that list is a heading for Insurance.
Clicking on that link provides a list of
hits regarding the insurability of punitive damages. A number of those
links provide a discussion regarding the insurability of punitive damages
throughout the different jurisdictions of the United States. Click on
the link to Insurability of Punitive Damages.
This will lead you to a thorough analysis of the insurability of different
kinds of punitive damages in US jurisdictions.
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