How to get started with legal research : Legal Method Lecture 3 Emily Allbon – Law Librarian
Aims and objectives Aims & Objectives
To familiarise you with common legal materials To enable you to find legislation, cases and commentary To stop law seeming so scary!
Where do you live? 1. 2. 3. 4. 5. 6.
Halls Parents Other relatives Rented accommodation On a friend’s floor Somewhere else
Why City Law School? 1.
2. 3. 4.
5.
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Heard it had a great Law School… My relative/ friend went there… My parents told me to go there! I came on an Open Day and liked it… Heard the Librarian was a legend… It was the only one that would have me! Something else…
Do you use libraries a lot? 1. 2.
Yes No
At this point, can you imagine that you need 5+ hours training in how to find legal materials? 1.
2.
Yes – ‘law is going to be tough so probably law libraries are too!’ No – ‘how hard can it be?’
Lesson outline Legislation Cases Commentary Finding cases online Lawbore Assignment
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Acts
Primary legislation = statutes (acts)
Acts come in two types: Public General Acts Local Personal Acts
Secondary/ delegated legislation = Statutory Instruments (SI’s)
Which of these are types of secondary legislation? 1. 2. 3. 4.
By-laws Statutory instruments Codes of Practice All of the above
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By-laws Codes of Practice
Statutory instrum... All of the above
How are Acts cited? “ An Act to revise the law of England and Wales as to theft and similar or associated offences, and in connection therewith to make provision as to criminal proceedings by one party to a marriage against the other, and to make certain amendments extending beyond England and Wales in the Post Office Act 1953 and other enactments; and for other purposes connected therewith” (T heft Act 1968)
Not in full
Usually by short title: Theft Act 1968
Could be cited as 1968 c.60
c = chapter no: sequence of acts in year.
Citing older Acts Before 1963 statutes referred to by regnal year Motor Car Act of 1903 cited as: 3 Edw.7 c.36 (the 36th act passed in the 3rd year of Edward VII’s reign)
Where can I find legislation on the shelves? Sta tutes a t La r ge 1215-1866 La w Repor t Sta tutes 1896 - (up to 1988 in Lib)
Or i gi nal nl y st at ut es o s! e t a d p u o N
Publ i c Gener a l Acts 1831 – (1866 – 2004 in Lib)
Current Law Statutes Cur r ent La w Sta tutes Covers 1948 Original Acts Very detailed annotations (bills, Hansard..) Recent Acts in binders Citator: notes
al Or i gi n l y s on e t u t a t s d n u o r g Back od ! o g o i nf
Halsbury’s Statutes
ed! d n e m A s! e t a d p Gr eat u
H a l sbur y’s Sta tutes Only hardcopy set with amended legislation. Subject order (not chronological) Purpose: “ to provide correct and amended text of all legislation in force” Extensive notes on SI’s, case law etc.
Halsbury’s Statutes
50 Main Volumes Current Statutes Service (loose-leaf) Cumulative Supplement (issued annually) Noter -Up (loose-leaf, most recent changes) Table of Statutes and Consolidated Index
Other parts of Halsbury’s
Is it in Force? (contains commencement dates for last 25 years) Destination Tables (guide to consolidation of legislation since 1957) Statutes Citator (guide to current status of statutes - lists amendments)
Using Halsbury’s
STEP 1: Index STEP 2: Main volume STEP 3: Cumulative supplement STEP 4: Noter-up Example: Equality Act 2006
Finding legislation online?
Lexis/ Westlaw For free sources, see Lawbore Topic Guides – Research – UK Legal Info Biggest free source (launched July 2010) www.legislation.gov.uk containing all legislation (statutes & SI’s) from 1988. Statutes in amended form but not always revised.
Where is the only place to get uptodate, amended legislation? 1. 2. 3. 4.
Statutes at Large Current Law Statutes Halsbury’s Statutes Public General Acts
What is the final volume of Halsbury’s that you use to confirm you’re totally up to date? 1. 2. 3. 4.
Cumulative Index Main volume Noter Up Is it in Force?
About case law…
Common law = case law Law reports = primary sources of English law Precedent is binding on future similar cases in that court or below Precedent can only be overruled by higher court
What is the highest court?
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High Court Crown Court Supreme Court Court of Appeal
Hi gh
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Law reporting
Cases written up in law reports No official series of law reports as with statutes Many different series of law reports Only 1.25 %of cases heard are reported
English Reports
Encompass the Nominate Reports. Written and published by individual court reporters. Cases 1571 to 1865. Available in the library and online via HeinOnline/ Westlaw.
The Law Reports
Began in 1865 Most authoritative series of law reports –judgment checked by judge. Single series containing mini-series:
AC (Appeal Cases) QB (Queens Bench) Fam. (Family Division) Ch.D (Chancery Division)
WLR & All ER
Which report is best to use? 1. 2. 3.
4.
The Law Reports always Either WLR or ALL ER Other law reports in specialist area e.g. Cr. App Reps, CMLR Newspaper, journal reports last.
Citation of L aw Repor ts Pepper v Hart [1992] 3 W.L.R. 1032 Parties Partiesinvolved involved inincase case
Year Yearcase case reported reported
Vol. Vol. No. No.
Page PageNo. No.
Report Reportabbreviation abbreviatione.g. e.g.Weekly WeeklyLaw LawReports Reports
Abbreviations: Raistrick Index to Legal Citations & Abbreviations or Cardiff Index to Legal Abbreviations.
RAISTRICK = THE MOST IMPORTANT BOOK IN THE LAW LIBRARY!
N eutr al citation Smith v Jones [2001] EWCA Civ. 10 Parties Partiesinvolved involved inincase case
Year Yearcase case heard heard
Abbreviation Abbreviationof ofthe the court eg. England court eg. England and andWales WalesCourt Courtof of Appeal Civil Appeal Civil Division Division
Case Caseno. no.
Abbreviations: Raistrick Index to Legal Citations & Abbreviations or Cardiff Index to Legal Abbreviations.
Finding cases 1. Decipher the abbreviation of the law report 2. Find out where the law report is available: – In the library – OR electronically
3. Use the case citation to find the full text.
Finding cases in the English Reports • Trickier! • Use index to translate old citation into new • Daniel v North – 11 East 372 (original report citation) – 103 1047 (new English Report citation)
• Don’t know name? Use Raistrick’s to look up nominate citation.
Current Law Case Citator
Useful tool for finding citations to cases and judicial history. To search by name use Current Law Case Citator. Searching by subject is best done electronically e.g. Lexis or Westlaw
Current Law Case Citator
Cur r ent L aw Case Citator s
For case citations & history of case 1977 – 97 1998 – 2001 2002 – 2004 2005, 2006, 2007, 2008, 2009, 2010 (paperback) Monthly Digest [Oct 2011]
Cur r ent L aw Year Book s
For case summaries
In a legal citation does the page number come first or last? 1. 2. 3.
First Last Don’t know…I was asleep!
Out of the English Reports (ER) and the All England Law Reports (All ER), which are the very old series (pre1865)?
1. 2.
ER All ER
Commentary on the law Can be found in: Books Journals Encyclopaedia
Books • Textbooks • Highlight important legislation and cases • Use online catalogue
• Practitioner works • Written for practitioners • Available electronically
Journals
Useful, up to date articles Leading academic journals: MLR, CLJ, LQR Citations and abbreviations: Fam. L.J. 2005, 48(Jul/ Aug), 2-4
Why use journals?
Reflects academic commentary & debate Up-to-date – may not be in books yet Research usually goes in journals first Helps you get to grips with the issues Good way of finding your ‘voice’
Halsbury’s Laws of England
Encyclopaedia of
law arranged by subject area refs to statutes and case law brown 50 volume set use Noter-up volumes
Other bits in the library
Law Commission
Proposes reform of the law Reports in library (and Law Commission’s site)
Command papers
Parliamentary discussion papers: Cmd. 6283
Available in the library (or on government websites.)
Summary so far…
Law libraries aren’t scary!
L egislation
Cases
Importance of amended legislation Halsbury’s Statutes Law reports and citations Current Law Case Citator
Commentar y
Journals, books, Halsbury’s Laws of England
Legal portal created just for YOU! Created to help you find web resources to help you research Award-winning! 4 key areas:
Directory Learnmore City Hub Blog
Topic guides: key features
Links to websites to help you study law You can find journal articles, speeches, cases too Resear ch tab useful to help you get to grips with things: dictionaries, directories, current awareness
Learnmore: key features
‘How to’ guides Video tutorials Talking slide shows
t the u o k Chec sources! ! P I T re HOT ooting tm grea
Hub: key features
Events calendar Useful links News E-Library (online journals, reports) Database access Help
Blog
Careers news Video interviews with alumni Read about events Find out about routes within legal sector
CASES ONLINE?
Databases at City
Relevant now?
Westlaw Lexis HeinOnline Oxford Scholarship Online
Searching by case name
Look for Pepper v Hart [1993] AC593
No need for the ‘v’
Find cases where a word has been defined (e.g. guardian)
‘Traffic light’ coding system: • Red no entry = •Yellow exclamation mark = mixed or mildly negative judicial treatment •Green C = Positive or neutral judicial treatment received
Case analysis – journal articles
Search by citation
What materials can you get on OSO? 1. 2. 3. 4.
Cases Journals Legislation Books
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Cases
Journals
Legislation
Books
Assessment Blogpost
Pr esentation
Team contribution to Legal Method Blog Using:
Prezi or PowerPoint and posted to slideshare.net or A written post of 900 words Also individual comment on tw o other posts
In pairs, do a 2 minute presentation to camera on Lawbore:
One positive thing One idea for improvement
legalmethod.lawbore.n et
Assessment – Topics for blogpost
Post on an aspect of Lawbore from the following: Learnmore City Hub Topic Guides Future Lawyer blog Keeping up to date on Lawbore Improving my prospects with Lawbore
D ue 21st October Comments by 31st October
How will we be assessed? Cr iter ia/M ar k scheme
Good knowledge of what Lawbore can do Clear and interesting presentation & post Engagement with audience Some skill in use of presentation tool Don’t forget eye contact!
Need help?
I’ve booked out a room for you to ask me for help, or use the space to work on your own posts/ presentation.
Library, teaching room at back of level 3.
Mon 17th 9-12 and 3-4 Tues 18th 9-10 and 11-12.30
Remaining sessions Session 2 (w/ c 24th Oct & 7th Nov) Beyond Google and Using Lexis
Session 3 (w/ c 14th & 25th Nov) Using Westlaw &
HeinOnline
Things you need to bring to Library sessions
Your computing login/passw or d
And YOU RSEL F – ON TIME!
Find me in Library – room at back of level 3
Good academic practice
Plagiarism
Make sure you give credit/ reference anyone else’s work you use (whether direct quote or paraphrase)
Collusion
Only work with others if you are explicitly told to. Obviously you can discuss your work with friends, but any submission must be entirely your own work.
Have you enjoyed this session?
No
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Yes – big thumbs up Yes – it was OK ‘Enjoyment’ is a bit strong No - it was rubbish
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To what extent would you say this session has made you more confident at using legal materials?
1. 2. 3. 4.
Strongly Agree Agree Disagree Strongly Disagree
Would you agree the session aims/objectives were met?
1. 2. 3. 4.
Strongly Agree Agree Disagree Strongly Disagree
Everything clear?…Questions?