Transcript Slide 1

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