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Principles of Legal Research Fall 2008 Week 2: September 15-19 Cecilia Tellis, Law Librarian Brian Dickson Law Library “Research is formalized curiosity. It is poking and prying with a purpose.” Zora Heale Hurston, Dust Tracks on a Road (1942) Outline Brian Dickson Law Library website – Catalogue Library tour Importance of legal research How legal research differs from research in other contexts Categories of legal research materials The legal research process Types of legal research Paper vs. electronic: advantages / disadvantages Deciphering legal abbreviations Exercises Brian Dickson Law Library website A quick tour of: www.biblio.uottawa.ca/ftx – Focus on the catalogue Library tour To point out specific services and collections Importance of legal research Rules of Professional Conduct • Rule 2: Relationship to Clients – “competent lawyer” Cases where (lack of) legal research discussed 1. Lougheed Enterprises Ltd. v. Armbruster (1992), 63 B.C.L.R. (2nd) 316 (C.A.). 2. World Wide Treasure Adventures Inc. v. Trivia Games Inc. (1987), 16 B.C.L.R. 135 (Sup.Ct.). 3. Gibb v. Jiwan [1996] O.J. No.1370 (Sup. Ct. of Justice – Gen. Div.). Attributes of good of legal research: Four Cs orrect omprehensive redible ost-effective How legal research differs from research in other contexts Awareness of legal material & relationships between these materials How does the source apply to the subject matter? Need multiple sources and different techniques for each source Often requires comprehensive primary authority research Is the law you found up-to-date? – Law is organic Categories of legal research materials Primary authority – presents information in its original form – judicial or administrative decision – enacted legislation (statutes, regulations, codes) Secondary authority – an interpretation of case law and/or legislation – encyclopedias, periodicals, case comments, textbooks Finding tools – Library catalogue, periodical indexes, search engines, legal gateways/portals, case digests The legal research process Basic steps: – Identify the legal issue(s) – Work with specialized legal and non-legal research tools and sources – Apply the law you find to solve legal problem “FILAC” Approach Identify relevant issues tofacts be – Facts Correctly identify the relevant researched. These arise from facts, Find the relevant law.the not sometimes obvious, sometimes usually stated insources the form legal Issues 1) Use secondary – of broad questions that theenough client needs Butoverview. what if I don’t know about the answered. Law at hand? 2) Narrow insubject on primary sources. Analysis/Application of law to facts Communication Apply the relevant law to the facts to analyze Communicate the wayresults a judge of would the research decide the problem matter – be given clear, theaccurate, same set concise. of facts. The legal research process Types of legal research Scholarly: – – – – Usually directed toward general conclusions Broad/exhaustive searches Attempt to find and discuss all relevant material End result: a critical piece of work Research done by a lawyer: – Attempt to find and apply legal authority relevant to the precise question of client – More narrowly focused – Deadline-driven – End result: e.g. memorandum of law Paper vs. electronic research Advantages & disadvantages – your thoughts? Why you’ll need both When to use each method Principles of Effective Legal Research 1. Develop a research plan before using either print or online sources. 2. Select the source that most comprehensively covers your subject matter. 3. Start with print materials if you just need an overview. Principles of Effective Legal Research (cont’d) 4. Start with a print item OR a highly structured online search when issue involves common / ambiguous terms. 5. Begin with print material when problem concerns broad concepts. 6. Use hard copy sources first when trying to locate legislation on a subject. Principles of Effective Legal Research (cont’d) 7. Use online searching for unusual or unique terms. 8. Use online searching if your research involves proper names of individuals, products or corporations. 9. If a search online for a quick answer becomes unproductive, try manual research techniques next. Principles of Effective Legal Research (cont’d) 10. Use hard copy sources to locate analogous information on a point of law. 11. Consult the “experts” about your research strategy. When can I stop researching? When you have completed the steps in the legal research model you’re using When you have used a variety of appropriate sources When you are finding the same authorities over and over again When cost exceeds benefit, i.e. you run out of time Deciphering legal abbreviations Legal texts are full of ABBRs What gets abbreviated? – Names of courts & tribunals, periodicals, yearbooks, case law reporters McGill Cite Guide includes appendices with abbreviations Dictionaries of legal abbreviations Online legal abbreviation sources Online legal abbreviation sources Brian Dickson Law Library in-house binder of Law Reports & Statutes *Cardiff Index to Legal Abbreviations – Lists jurisdiction Liste des abréviations juridiques (U de Montréal) – Includes some Quicklaw abbreviations – But ignore call numbers listed beside the titles! Summary Legal research… – Can be done in print and/or online – Is not linear, necessarily straightforward – Requires an awareness of what primary & secondary materials are and where they can be found – Can be frustrating, tedious – Requires patience and practice! Exercises Assignment #1: Work individually: – to hand in today OR at the beginning of next week’s class