Transcript Document

Practical Legal Research
PRACTICAL LEGAL
RESEARCH
• WHAT IS IT?
• WHY DO WE HAVE IT ON THE BVC?
What is PLR?
How is the research we do any different
from LLB / CPE?
Identifying the legal issues from a given
set of facts
i.e. the ability to translate facts into legal
issues
Types of PLR question used
in SPSs
Focussed
Unfocussed
Assessment: how and
when?
PLR:
Single assessment
Unfocussed
Mock: December
Assessment: March
Why do we have it?
PLR IS A VITAL SKILL IN LEGAL PRACTICE
Because it is a skill it requires repeated
effort: throughout the programme you will
have opportunities to research – take them!
The problem of legal research
…sources
ANNUALLY:
4000 NEW REPORTED CASES IN CURRENT LAW
3,500 NEW SIs
LEGAL JOURNALS INDEX ADDS 30,000 ITEMS
TOTAL = 150 + NEW ITEMS EACH DAY
Further problems
• Scope: you need to check the prefatory
editorial content of a source e.g. is it a
partial or comprehensive treatment of the
topic
• Currency: (vital!) you must know:
1. Which source is most current?
2. How is the source updated?
3. At what date are you operating in your
research?
Help! Is there a technique?
Yes!
First important thing: become familiar
with the sources and how to use them
Sources include:
•
•
•
Paper sources
Electronic sources
(People)
Paper sources - examples
Legal Encyclopaedia e.g. Halsbury’s Laws
of England
Halsbury’s Statutes and SIs
Case reports
Current Law
Practitioner Texts
Legal Dictionaries
Electronic sources examples
Current Law
Westlaw UK
Lexis
All England Direct and Case Search
Lawtel
People
Learn to make imaginative use of
what sources are available
BUT - Sources
Two problems:
No single source is comprehensive
The information available is almost
infinite
Sources
This means that you must often use
more than one source
and that you MUST follow a research
methodology
PLR ANSWER TEMPLATE
• Identification of problem/areas for
research
• Key words / phrases
• Research Report
• Additional information, if required
• Summary
• Sources
– Primary source(s)
– Secondary source(s)
• Updating
THE ORDER OF RESEARCH:
THE TEMPLATE
First: determine the nature of the
inquiry
What is the area or point of law?
THE ORDER OF RESEARCH
Second: identify key words
Find key research words BUT!
•
•
•
Be aware of e.g.:
synonyms: tax law / revenue law
related terms: ownership /
possession
changes: discovery / disclosure
Keywords example:
Question A1:
Boundaries, hedges, ditches,
presumption.
THE ORDER OF RESEARCH
third: identify sources
Primary sources: statute, common law
Secondary sources: practitioner texts
Halsbury’s, legal dictionaries, textbooks,
guides to case law and legislation,
academic articles
(Birks, P, Adjudication and Interpretation in the Common
Law (1994) 13 Legal Studies 178)
+ Consider other sources – e.g. agencies,
external sources.
THE ORDER OF RESEARCH
fourth: research the question
• Keep a personal note of what you
are doing so that you can retrace
your steps
• Use proper references
• Make sure you are applying the
research to answer the question
THE ORDER OF RESEARCH
fifth: update
How you do this depends on the source.
e.g. Case law – depends on the case law
series – can check other sources like
current law which is the most
comprehensive
Statute – e.g. Halsbury’s Statutes –current
service and noter up
NB: other things to
consider e.g. authority?
see e.g. Practice Direction (Supreme
Court) [1998] 1 WLR 825:
The Law Reports
Weekly Law Reports
All England Law Reports
Other authoritative series
THE ORDER OF RESEARCH
sixth: check and edit
You must check your work – marks
are easily lost through careless
errors and inaccuracies.
You MUST develop the habit of
PROOF READING!
NB What are we assessing?
The answer but also how you have
found it – the research report
i.e.
Primary sources
Secondary sources
References
Updating
Assessment criteria
• Language, fluency and punctuation
• The identification of a legal issue that is
appropriate in that it requires and justifies
research
• The identification of relevant and helpful key
words and phrases for the identified legal issue
• The completion of an accurate, concise and
focused legal research report that is correctly
updated and includes the identification of any
additional further information necessary
• Evidence of use of authoritative legal research
sources
Further requirements:
In regard to the assessment as a whole, you
must demonstrate knowledge and
comprehension of the law together with the
ability to manipulate and utilise that
knowledge in the analysis and preparation of
the case employed. Inadequate
demonstration of such knowledge and
comprehension, or inadequate case analysis
and preparation shall result in you being
failed in this assessment, irrespective of the
marks achieved in other components of the
assessment.
REMEMBER
MAKE CERTAIN THAT YOUR RESEARCH IS:
THOROUGH
RELEVANT
ACCURATE
UP-TO-DATE
PROPERLY REFERENCED
PROPERLY WRITTEN
Further reading
There are two texts particularly to be
recommended in the area of legal
research:
Legal Research by David Stott
published by Cavendish
Legal Research Guide by Guy
Holborn published by Butterworths
Finally
Practical Legal Research on the ELP
• Template
• Guide to using the template
• Guide to using Halsbury’s Laws (paper
version)
• Guide to Northumbria electronic research
resources