Transcript Slide 1

Legal Research
Conducted by: Carol Wee
Content by: Lee Su-Lin
© 2008-15 C J Koh Law Library
No part of this publication may be reproduced or
transmitted in any form or by any means, including
photocopying and recording, without the written
permission of the copyright holder, application for
which should be addressed to the author. Such written
permission must also be obtained before any part of
this publication is stored in a retrieval system of any
nature.
No copyright is claimed in the text of statutes,
regulations and court decisions quoted within this
work.
© 2008-15 C J Koh Law Library
This tutorial is specifically
designed for the Legal
Analysis, Research and
Communication course for
first year law students
(AY2014/2015).
The purpose of this tutorial is
to teach students how to do
research using secondary
sources of law, particularly
print resources.
© 2008-15 C J Koh Law Library
Contents
1. Secondary sources of law p.5
2. The research process p.7
3. Textbooks, casebooks, etc. p.10
4. Legal encyclopaedias p.14
5. Legal periodicals & indexes p.21
6. How to find journal articles p.22
7. Indexes to statutes p.38
8. Indexes to cases p.43
9. Case citators p.55
© 2008-15 C J Koh Law Library
I. Secondary Sources of Law
Secondary sources are publications which refer and
relate to the law, but are not themselves sources of law.
These include:
1.Textbooks, casebooks, etc.
2. Legal encyclopaedias
3. Legal periodicals
4. Research literature, e.g. Theses
5. Reference works, e.g. Dictionaries, directories,
bibliographies, digests, citators, indexes, etc.
Secondary sources:
assist in locating primary sources of law
assist in the interpretation of primary sources.
5
I. Secondary Sources of Law
Secondary sources are important:
In legal research, referring to a secondary source is
often the first step in learning the basics of a
particular area of law;
Thorough legal research requires the use of the
various categories of secondary sources;
Secondary sources may be cited in court in support
of a particular proposition in law - a court may not be
bound by secondary authorities, but books or articles
written by reputable authors may have significant
persuasive value in selecting between conflicting
authorities. (see Citation of Secondary Authorities in
Court, Supreme Court Registrar’s Circular, No.3 of
2004,
s.2(b),
online:
Registrar’s
Circulars
http://app.supremecourt.gov.sg/data/doc/ManagePag
e/99/2004-3.pdf)
6
II. The Research Process
The flow chart on the next page illustrates a
suggested method of carrying out legal
research
using
secondary
sources,
particularly if you are unfamiliar with a topic.
However, there is no fixed approach to
researching a topic and you can, depending
on the situation, begin from any of the levels
indicated.
Legend
A
Secondary Sources of Law
Primary Sources of Law
7
II. The Research Process
Where do I start?
Textbooks on topic, Legal encyclopaedias
may refer
to
for meanings
of words
Dictionaries,
Glossaries
for more details,
current opinions or
commentaries
to find more
Indexes,
Databases
Journal articles, Theses
may refer to
Legislation or Cases
to
understand
Textbooks, Journal articles,
Encyclopaedias, Digests
to find more
Indexes, Digests,
Databases
to note up
Citators
© 2008-15 C J Koh Law Library
II. The Research Process
This tutorial will cover the use of a selection
of secondary sources of law that are
commonly used in legal research:
Textbooks, casebooks, etc.
Legal encyclopaedias
Legal periodicals & Indexes to periodicals
Indexes to statutes
Indexes to cases
Citators.
9
III. Textbooks, Casebooks, Etc.
Books under this category include:
(a) Textbooks
Provide commentaries and critical evaluation of
the law.
E.g. Constitutional Law in Malaysia and Singapore
(b) Casebooks
Contain summaries of key judgments on a
particular subject, sometimes with editorial
commentary.
E.g. Contract Cases and Materials (by Beale,
Bishop and Furmston)
(c) Practice books
Primarily for use by legal practitioners.
E.g. Chitty on Contracts
10
III. Textbooks, Casebooks, Etc.
To find a book in the NUS Libraries, search the
catalogue LINC via the NUS Libraries Portal.
E.g. Principles and Practice of Securities Regulation in
Singapore by Hans Tjio
Search using
keywords from
title, author,
topic, etc.
11
III. Textbooks, Casebooks, Etc.
E.g. Principles and Practice of Securities Regulation in
Singapore by Hans Tjio
Select relevant edition for more details
12
III. Textbooks, Casebooks, Etc.
E.g. Principles and Practice of Securities Regulation in
Singapore by Hans Tjio
Book is available in several locations
13
IV. Legal Encyclopaedias
Legal Encyclopaedias
Provide detailed statements of the law in
alphabetical subject arrangement.
Good starting points for research, and are
sometimes preferred to textbooks for an
overview of the topic.
E.g. Corpus Juris Secundum
Halsbury’s Laws of England
Halsbury’s Laws of Singapore
Laws of Australia
14
IV. Legal Encyclopaedias
Legal encyclopaedias are arranged by
subject. Research on a particular topic
involves perusing the relevant volume and
supplementary updates, if any.
For instance, when using Halsbury’s Laws of
England:
Check Consolidated Index
Refer to relevant volume/s
Check Cumulative Supplement
and Current Service for updates
15
IV. Legal Encyclopaedias
Example: Researching “conversion of property”
using Halsbury’s Laws of England (Ref: KB11 Hal)
Step 1: Check the latest Consolidated Index (A-E)
for references to “conversion of property”. This is a
subject index. The Index will indicate the relevant
volume, edition and corresponding paragraph/s
that contain information on the topic.
Note: Publication of the 5th Edition (black) of
Halsbury’s is in progess. Not all volumes have
been revised yet. You will still need to refer to the
4th Edition (brown) for some topics.
16
IV. Legal Encyclopaedias
Step 1 (contd.):
References to
relevant
volume,
edition and
paragraphs on
“conversion of
property”
Consolidated Index 2014 (A-E)
17
IV. Legal Encyclopaedias
Step 2: Refer to the relevant volumes, editions and
paragraphs e.g. Volume 45(2), 4th ed, para 542
18
IV. Legal Encyclopaedias
Step 3: Check the current Cumulative
Supplement for updated information on the
topic. This is published annually and is
available in 2 parts. For 2014, Part 1 updates
the 4th ed. volumes and volumes 1-12 of the
5th ed. Part 2 updates volumes 13-104 of the
5th ed.
Refer to the Part that contains updates to the
relevant volume and paragraphs.
Then, refer to the latest monthly Current
Service: Noter-up for updates, if any.
19
IV. Legal Encyclopaedias
Step 3 (contd.):
Check this for more current info
Updates for
Vol 45(2),
4th ed,
para 542
2014 Cumulative Supplement
Part 1 Fourth Edition Volumes
Current Service: Noter-up
Aug 2014
20
V. Legal Periodicals & Indexes
Legal Periodicals
Law journals and reviews provide information on
the latest developments in the law as well as
comments and criticisms of the law.
E.g. Oxford Journal of Legal Studies
Singapore Academy of Law Journal
Search tool for articles
Indexes to Legal Periodicals
Provide listings of journal articles.
E.g. Index to Foreign Legal Periodicals
Index to Legal Periodicals and Books
LegalTrac
21
HowLook
to Find
Journal Citations
Articles
A VI.
Quick
at Journal
If you have a citation
If you already have a citation to a journal article, e.g.
Dora Neo, “The Sale of Goods (Amendment) Act
1996: Satisfactory Quality, an Undivided Share in a
Bulk and other Amendments” (1997) 9 SAcLJ 362.
or
David Feldman, “The Nature of Legal Scholarship”
(1989) 52 Mod.L.Rev. 498.
1.Find out what journal the abbreviation stands for
using an index to legal abbreviations e.g. Cardiff Index
2.Search for journal title in LINC.
22
HowLook
to Find
Journal Citations
Articles
A VI.
Quick
at Journal
If you have a citation
E.g. Using Cardiff Index http://www.legalabbrevs.cardiff.ac.uk/
Search for “Modern Law Review” in LINC
23
VI. How to Find Journal Articles
If you DON’T have a citation
If you have an incomplete citation or do not
have the citation to a journal article:
1. Use an index to legal periodicals to find the
complete citation. These indexes are listed on
the next slide and are available via the NUS
Libraries Portal.
2. Search for the journal title in LINC.
24
VI. How to Find Journal Articles
If you DON’T have a citation
Select the most relevant database based on jurisdiction:
Jurisdiction
Database
General
•Index to Foreign Legal Periodicals (1985- )
Mainly civil law (access via HeinOnline)
•Index to Legal Periodicals and Books (1981- )
Mainly Anglo-American
•LegalTrac (1980- )
Mainly Anglo-American
Australia
AGIS: Attorney-General’s Information Service (1975- )
Europe
Index to Foreign Legal Periodicals (1985- )
Malaysia/S’pore PERIND (1980-2009 )
UK/US
•Index to Legal Periodicals and Books (1981- )
•LegalTrac (1980- )
25
VI. How to Find Journal Articles
Searching Indexes
Q: Where do I find articles on “Rylands v Fletcher”?
Determine the scope of your research:
“Rylands v Fletcher” is a common law concept.
Select appropriate database/s:
Choose an index which covers common law
materials, e.g. LegalTrac, Index to Legal
Periodicals & Books
Access: via NUS Libraries Portal
26
VI. How to Find Journal Articles
Searching Indexes – LegalTrac
Q: Where do I find articles on “Rylands v Fletcher”?
E.g. LegalTrac via NUS Libraries Portal
Select Databases from the menu bar and enter the name of
the database in the search box. Click on the “submit” button
27
VI. How to Find Journal Articles
Searching Indexes – LegalTrac
Q: Where do I find articles on “Rylands v Fletcher”?
Select
LegalTrac
28
VI. How to Find Journal Articles
Searching Indexes – LegalTrac
Q: Where do I find articles on “Rylands v Fletcher”?
Click here if
on campus
Enter NUSNET
ID and password
if off campus
29
VI. How to Find Journal Articles
Searching Indexes – LegalTrac
Q: Where do I find articles on “Rylands v Fletcher”?
Enter
search terms
30
VI. How to Find Journal Articles
Searching Indexes – LegalTrac
Q: Where do I find articles on “Rylands v Fletcher”?
Search results:
Click on title
for more
bibliographic
information
Take note
of citation;
search for
journal title
in LINC
Full texts
occasionally
available in
PDF format
31
VI. How to Find Journal Articles
Databases
The advantage of using a full text database is that a
journal article can be retrieved directly without the
tedious process of having to search an index first.
This PowerPoint will only touch very briefly
However, journals in databases are limited to materials
on the use of full text databases to retrieve
which the database vendors are licensed to publish,
articles
as the
focus
of the
is on the
whereas
indexes
cover
a wider
andlecture
more comprehensive
use
print resources.
range
of of
journals.
Databases subscribed to by NUS Libraries and Faculty
of Law include:
HeinOnline – NUS Libraries Portal
JSTOR – NUS Libraries Portal
LawNet – Law Proxy Service
Lexis Singapore - NUS Libraries Portal
Westlaw - Law Proxy Service.
32
VI. How to Find Journal Articles
Databases – HeinOnline
Q: Where do I find articles on “inchoate title”?
E.g. HeinOnline via NUS Libraries Portal
Click here
for access
33
VI. How to Find Journal Articles
Databases – HeinOnline
Q: Where do I find articles on “inchoate title”?
Select Law
Journal
Library
34
VI. How to Find Journal Articles
Databases – HeinOnline
On this page, you can browse publication titles. If not, then
select your preferred search options:
Select Search
and then
Advanced
Search
35
VI. How to Find Journal Articles
Databases – HeinOnline
Q: Where do I find articles on “inchoate title”?
Select the field you want to search using the drop down menu
(e.g. “Text” or “Article Title”), and then enter the relevant
search terms before clicking on the Search button below:
36
VI. How to Find Journal Articles
Databases – HeinOnline
Q: Where do I find articles on “inchoate title”?
On results page:
37
VII. Indexes to Statutes
Both alphabetical and subject indexes are
useful in locating statutes.
Print indexes are more useful for researching
older statutes.
Online indexes are preferred for searching for
current statutes as they are more up-to-date
and are often linked to the full texts of statutes.
38
VII. Indexes to Statutes
Singapore
Print
Statutes of the Republic of Singapore
•Alphabetical List of Public Acts
Ref: K7399 1985 (available at Loans Desk)
Sesquicentennial Chronological Tables of the Written
Laws of the Republic of Singapore 1834-1984
Ref: K7574 1984
Online
Singapore Statutes Online:
Consolidated legislation
http://statutes.agc.gov.sg/
39
VII. Indexes to Statutes
UK
Print
Halsbury’s Statutes: Consolidated Index …
Including Alphabetical and Chronological
Lists of Statutes Printed in the Volumes
Ref: K2016 Hal
Chronological Table of the Statutes
(1235-1964; 1965-1988; 1989-2012)
Ref: K2017 Gre
Index to the Statutes
(1235-1990)
Ref: K2017 Gre
40
VII. Indexes to Statutes
UK
Online
Legislation.co.uk
Official website for UK legislation. Contains
original and revised Acts
http://www.legislation.gov.uk/
41
VII. Indexes to Statutes
Australia
Print
Federal Statutes Annotations
See “Table of Principal Acts” in Volume 1
Ref: K9006.5 Fsa
Online
AustLii
Consolidated legislation for Commonwealth, state & territories
http://www.austlii.edu.au/
ComLaw
“As made” and consolidated Commonwealth legislation
http://www.comlaw.gov.au/
42
VIII. Indexes to Cases
You can search for a case by name using an alphabetical
list of cases or by topic using a subject index.
There are 2 main categories of indexes:
1. Indexes to Law Reports
These are indexes published by the individual law report
series.
2. Indexes with Abstracts of Cases
The main indexes in this category are the Digests. These
contain summaries of cases arranged by subject.
Note: This tutorial will focus on the use of print indexes.
43
VIII. Indexes to Cases
Singapore
1. Indexes to Law Reports
Singapore Law Reports (Reissue): Comparative Table of Citations
& Table of Cases Reported 1965 to 2009
Ref: K7599 SLR
Singapore Law Reports (Reissue): Subject Index
Ref: K7599 SLR
The Malayan Law Journal: Consolidated Tables & Indexes …
Ref: K7599 MLJ
2. Indexes with Abstracts of Cases
Mallal’s Digest of Malaysian and Singapore case law.
Ref: K7599.3 Md
This set is accompanied by:
Mallal's Digest: Consolidated Table of Cases 2013 Reissue
Ref: K7599.3 Md
Mallal’s Digest: Consolidated Subject Index 1808 to 2012
Ref: K7599.3 Md 2009
44
VIII. Indexes to Cases
Singapore
Example: Finding Cases on a Particular Subject Using Mallal’s
Digest of Malaysian and Singapore Case Law (4th Ed.)
Ref: K7599.3 Md
Q. What is the quantum of damages for head injury?
Step 1: Select the relevant volume of the Digest.
The volumes in this set are arranged in alphabetical order
according to broad subject areas. Determine the broad
subject area of your research. In this case, it is “damages”.
Next, check the range of subjects covered in each volume
of the Digest by referring to the front cover. In this case,
digests of cases on “Damages (Personal Injury or Death)”
are contained in Volume 6.
45
VIII. Indexes to Cases
Singapore
Example: Finding Cases on a Particular Subject Using Mallal’s
Digest of Malaysian and Singapore Case Law (4th Ed.)
Q. What is the quantum of damages for head injury?
(Step 1 contd):
Digests of cases on
“Damages (Personal
Injury or Death)” are
contained in Volume 6
46
VIII. Indexes to Cases
Singapore
Q. What is the quantum of damages for head injury?
Step 2: Check the “Subject Index” in Volume 6 for references
to the specific subject area. You will find cases on quantum of
damages for “head injury” listed under “DAMAGES
(PERSONAL INJURY OR DEATH) – Quantum – Head injury”.
Refer to the paragraphs listed in the “Subject index” for the
required case abstracts. Each case abstract is accompanied
by a case citation.
Note: Remember to determine the currency of the cases in the
volume of the Digest you are referring to by checking the title
page. For instance, Volume 6 (2012 Reissue) currently
contains cases decided up to the 2011 volume of Mallal’s
Digest Yearbook.
47
VIII. Indexes to Cases
Singapore
Q. What is the quantum of damages for head injury?
Step 2 (contd.):
Cases on
quantum of
damages
Refer to relevant
paragraphs (1287;
1288-1336) for
cases on damages
for head
injuries/injury
Subject Index in Mallal’s Digest Volume 6
48
VIII. Indexes to Cases
Singapore
Q. What is the quantum of damages for head injury?
Step 2 (contd.):
Damages
for head
injury
Paragraph no.
Case citation
49
VIII. Indexes to Cases
Singapore
For more recent decisions, you may refer to:
Mallal’s Digest [Yearbooks]
Search the “Subject Index” within each volume.
Ref: K7599.3 MDY
Mallal’s Current Law
Search the “Table of Cases Digested’ and/or
“Subject Index” at the back of each issue. Use
this for the current or previous year’s cases.
Ref: K7599.3 MCL
50
VIII. Indexes to Cases
UK
1. Indexes to Law Reports
The Law Reports Index (1951- )
Covers cases reported in the Law Reports as well as the Weekly
Law Reports, All England Law Reports, Lloyd’s Law Reports and
various other law reports.
Ref: K2022 I
All England Law Reports: Consolidated Tables and Index (1936-)
Ref: K2020 AELR
The English Reports
• Index of Cases (Vol. 177 & 178)
Alphabetical listing of cases. Use this if you know the name of the
case.
Ref: K2020 ER
• English Reports Wall Chart
Use this when you only have the citation to the case, but not the
names of the parties (e.g. I Keb. 434)
51
Location: On wall opposite C J Koh Law Library Information Desk
VIII. Indexes to Cases
UK
2. Indexes with Abstracts of Cases
The Digest
This summarises cases drawn
from different series of law
reports covering the whole
case law of England and
Wales
together
with
a
selection of cases from the
courts of the Commonwealth
countries and Europe.
The set contains both a Consolidated Table of Cases and
an Index to subjects. These contain references to volumes
of the Digest in which the relevant cases and topics can be
found.
Ref: K2028 EED
52
VIII. Indexes to Cases
UK
2. Indexes with Abstracts of Cases (contd)
Current Law Yearbook and Current Law Monthly Digest
• Yearbook - Volume 1 for each year contains a “Table of
Cases” covering the law from 1 Jan to 31 Dec for that year.
Ref: KB3 CLY
• Monthly Digest – the latest issue for the current year
contains a “Cumulative Table of Cases” which gives
references (month/paragraph of Monthly Digest) to cases
digested in Current Law thus far during that calendar year.
Ref: KB3 CL
53
VIII. Indexes to Cases
Australia
Indexes with Abstracts of Cases
The Australian Digest
Consult the “Consolidated Index and Tables”.
Ref: K9011 AD3
Australian Current Law: Reporter
For previous years, consult the “Cumulative Table
of Cases” and/or “Cumulative Index” (of subjects) in
the “Consolidated Tables and Indexes” volumes.
For the current year, refer to Volume 1 of the
looseleaf index (located at the back of the set).
Ref: KB3 ACLR
54
IX. Case Citators
Having located a case relevant to your research, it is
then essential to confirm if the case is still “good
law”. This process is referred to as “noting up”.
You will need to :
1. check that the case has not been reversed on
appeal or subsequently overruled by a superior
court;
2. determine whether, and in what manner, the case
was considered in subsequent decisions i.e. whether
the case was followed, applied, distinguished, etc.
The case citator is the main publication which
provides the judicial history and judicial treatment of
case law.
55
IX. Case Citators
Examples of terminology associated with noting-up:
Term
Abbrev
Definition
Applied
Appl
Used where the principles of law in the
annotated case have been applied to a new
set of facts and circumstances
Followed
Foll/Folld
Used to denote that the principle of law
established in the annotated case has been
applied in the annotating case
Not followed
Not foll/
Not folld
Used where the court in the annotating case
has refused to follow the annotated case
although potentially relevant. Implies that
annotated case is wrong
Distinguished Dist/Distd
Used where the annotated case is not
applied in the annotating case due to some
distinction in the facts or in the law
Overruled
Used where a higher court has held the
annotated case to be wrong
Overd/
Overld
56
IX. Case Citators
These are the major case citators for 3 jurisdictions:
Singapore
Print
• Mallal’s Digest: Case Citator 1932 to 2010
Ref: K7599.3 Md 2010
• The Singapore Law Reports (Reissue): Table
of Cases Referred to: 1965 to 2009
Ref: K7599 SLR
Online
LawNet
Access: Law Proxy Service
UK
Print
Current Law Case Citator
Ref: KB3 CLC
Online
JustCite
Access: NUS Libraries Portal
Australia
Print
Australian Case Citator
Ref: K9012 ACC
Online
CaseBase (in LexisNexis AU)
Access: NUS Libraries Portal
57
IX. Case Citators
Singapore
E.g. Mallal’s Digest: Case Citator 1932 to 2010 (2 Vol.)
K7599.3 Md 2010
58
IX. Case Citators
Singapore
E.g. Mallal’s Digest: Case Citator 1932 to 2010 (Vol. A-L)
Annotated case
Annotating cases
59
IX. Case Citators
Singapore
E.g. Singapore Law Reports (Reissue):
Table of Cases Referred to: 1965 to 2009 (Vol. A-L)
Annotated case
Annotating cases
Ref: K7599 SLR
60
IX. Case Citators
UK
E.g. Current Law Case Citator
 For noting up UK and selected EU cases
 Published in several volumes, i.e. 1947-1976,
1977-1997, 1998-2001, 2002-2004, followed by
annual volumes.
Ref: KB3 CLC
61
IX. Case Citators
UK
E.g.
up Law
Hedley
Byrne
v Heller
E.g.Noting
Current
Case
Citator
(contd)
The
2013
Case Citator
contains
the judicial
history
When
searching
for a case,
consult
the most
ofrecent
the case.
volume first. If the case is not available
References to
there, work backwards through the previous
the years of the
volumes until the case is found. That volume
Current Law
will contain the complete judicial history ofYearbook
the
(Ref:
case.
KB3 CLY) and
the
corresponding
paragraph
numbers where
the annotating
cases can be
found
62
IX. Case Citators
UK
E.g. JustCite via NUS Libraries Portal
63
IX. Case Citators
UK
E.g. JustCite
64
IX. Case Citators
UK
E.g. JustCite
65
IX. Case Citators
Australia
E.g. CaseBase in LexisNexis AU
via NUS Libraries Portal
Select CaseBase
Enter case name
e.g. Hedley Byrne
Click on Find button
66
IX. Case Citators
Australia
E.g. CaseBase in LexisNexis AU
Select relevant
decision, e.g.
House of Lords
67
IX. Case Citators
Australia
E.g. CaseBase in LexisNexis AU
Annotations
List of annotating cases
for Hedley Byrne
Click on citation
for full text of
annotating cases
68
IX. Case Citators
International
E.g. LawCite: http://www.austlii.edu.au/lawcite/
This is a free, automatically generated international legal
case citator developed by AustLII.
Enter name
of annotated
case
69
IX. Case Citators
International
E.g. LawCite: http://www.austlii.edu.au/lawcite/
Select relevant decision e.g. House of Lords
70
IX. Case Citators
International
E.g. LawCite: http://www.austlii.edu.au/lawcite/
List of annotating cases
Click on citation for full text of annotating case
71
IX. Case Citators
For more details on the noting-up process, you
may refer to the Powerpoint tutorial on Noting-up
72
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Updated for lecture on 13 Oct 2014
© C J Koh Law Library 2008-15