Secondary Sources of Law and Electronic Resources Content by: Lee Su-Lin Updated: 6 th July 2012 © 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.author No copyright is claimed in the text of statutes, regulations and court decisions quoted within this work. © C J Koh Law Library

This tutorial was originally designed for the purpose of training first year law students in the use of databases to retrieve secondary sources of law (AY04-08). The focus was on the use of indexes rather than full text databases. © C J Koh Law Library However, for the sake of completeness, a brief demonstration on the use of HeinOnline has been added.

Contents What are secondary sources of law? p.5 Electronic resources p.13 How do I find books? p.17 How do I find journal articles? p.20 How do I find newspaper articles? p.41 p.5 p.13 p.17 p.20 p.41

5 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 relevant primary sources of law assist in the interpretation of relevant primary sources. What are Secondary Sources?

6 Secondary sources are important: In legal research, referring to a secondary source is often the first step in the 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 eminent authors of reputable standing may have significant persuasive value in selecting between conflicting authorities (see guidelines in Citation of Secondary Authorities in Court, Supreme Court Registrar’s Circular, No.3 of 2004, s.2(b), online: Registrar’s Circulars pdf) pdf

7 What are Secondary Sources? 1.Textbooks, Casebooks, etc. (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. Include guides to practice and procedure in the courts. E.g. Chitty on Contracts Lewin on Trusts Singapore Court Practice 2009

8 What are Secondary Sources? 1.Textbooks, Casebooks, etc. (contd.) (d) Precedent books – specimens of forms and other legal documents with layout and wording accepted as standard by lawyers. E.g. Encyclopaedia of Forms and Precedents (e) Loose-leaf services - books in loose-leaf format which are regularly updated to keep abreast of changes in the law. E.g. Woon’s Corporations Law 2.Legal Encyclopaedias These 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 Singapore

9 What are Secondary Sources? 3.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. Criminal Law Review Singapore Journal of Legal Studies 4.Research Literature Doctoral, Masters and other theses provide in-depth analysis of specific topics. Theses submitted to the NUS Faculty of Law are shelved in the C J Koh Law Library’s Theses Collection at call no. KE5009 *[year] [no.] E.g. KE5009 *

10 What are Secondary Sources? 5.Reference Works (a) Legal Dictionaries, Glossaries, Words and Phrases – provide definitions of legal words or phrases. E.g. Black’s Law Dictionary Parliamentary Glossary: a Guide to Terms Used in the Singapore Parliament Words and Phrases Legally Defined (b) Legal Directories, Law Lists, etc. – listings of and information on lawyers. E.g. The Law Society of Singapore Directory Martindale-Hubbell Law Directory

11 What are Secondary Sources? 5.Reference Works (contd.) (c) Bibliographies – listings of books that have been published on a subject. E.g. A Bibliographical Survey of Singaporean Legal Materials (d) Digests – contain summaries of cases. E.g. The Digest: Annotated British, Commonwealth and European Cases Mallal’s Digest of Malaysian and Singapore Case Law (e) Citators ● Case citators – list references to where cases were originally reported and to where they were subsequently cited. E.g. Current Law Case Citator ● Legislation citators – list references to cases which cited particular legislation. E.g. Mallal’s Digest: Legislation Citator 1932 to 2006

12 What are Secondary Sources? 5.Reference Works (contd.) (f) Indexes - include indexes of: ● legal citations and abbreviations – provide meanings of legal abbreviations. E.g. Index to Legal Citations and Abbreviations (by Donald Raistrick) Singapore Legal Abbreviations ● cases – alphabetical or subject listings of cases. E.g. Mallal’s Digest: Consolidated Tables of Cases 2009 Reissue ● legislation – alphabetical or subject listings of legislation. E.g. Chronological Table of the Statutes (published by HMSO) ● legal periodicals – listings of journal articles by author or subject. E.g. Index to Legal Periodicals and Books

13 Electronic Resources Many secondary sources are now available in electronic format. For example, Electronic books (Ebooks) E.g. Philosophy of Law Access: LINC+ / / Electronic journals (Ejournals) E.g. Oxford Journal of Legal Studies Access: LINC+ / / Indexes to periodical articles E.g. Index to Legal Periodicals and Books LegalTrac Access: Resources

14 Electronic Resources Several electronic databases are “hybrid” sources of law, containing both primary and secondary sources. These full text reference databases are very popular with legal researchers. Access: NUS Libraries Portal Access: NUS Faculty of Law Homepage

15 Electronic Resources The C J Koh Law Library has published 2 guides to aid students in the use of electronic resources: Guide to Electronic Resources Collection Comprehensive listing of the Law Library’s electronic legal resources. Available in print at the C J Koh Law Library Information Desk or onlineonline on the C J Koh Law Library website. How to Access Electronic Resources Instructions on how to access the Library’s electronic resources. Available in print at the C J Koh Law Library Information Desk or onlineonline on the C J Koh Law Library website.

16 Electronic Resources This tutorial focuses on the use of e-resources for retrieving secondary sources of law. Several of the databases subscribed to by the NUS Libraries can assist you in finding books, journal articles, newspaper articles, etc. Here’s how …

17 How Do I Find Books? To find a book in the NUS Libraries, search the catalogue LINC+: E.g. Principles and Practice of Securities Regulation in Singapore by Hans Tjio Search using keywords from title, author, topic, etc.

18 How Do I Find Books? Select relevant item and click on title for more details e.g. availability, location, call no.

19 How Do I Find Books? Book is available in a few locations

20 How Do I Find Journal Articles? It is suggested that the following steps be taken to locate journal articles: Step 1. Find the Citation If you have an incomplete citation or do not have a citation to a journal article, use an index to legal periodicals to find the complete citation. Several indexes are available in the NUS Libraries Portal: (Select Resources > Databases > By Subject > Law) Step 2. Obtain the Full Text Upon locating the citation, determine the availability and location of the journal in the Law Library by searching LINC+. Full texts of various journal articles may also be found online in the electronic databases (see slide 35).slide 35

21 How Do I Find Journal Articles? Find the Citation Using an Index Select the most relevant database. This table contains a selection of periodical indexes available online and a summary of their coverage: JurisdictionDatabase GeneralIndex to Foreign Legal Periodicals (1985- ) Mainly non-Anglo-American Index to Legal Periodicals and Books (1981- ) Mainly Anglo-American LegalTrac (1980- ) Mainly Anglo-American AustraliaAGIS: Attorney-General‘s Information Service (1975- ) EuropeIndex to Foreign Legal Periodicals (1985- ) Malaysia/ Singapore PERIND (1980- )

22 How Do I Find Journal Articles? Question 1: Where do I find articles on Euthanasia in Singapore? Access: NUS Libraries Portal: Determine scope of your research: The area of research relates to Singapore. Select appropriate database: The main index to articles relating to Singapore law prior to 2008 is For the purposes of this tutorial, a few databases have been selected for demonstration: Find the Citation Using an Index

23 How Do I Find Journal Articles? Question 1: Where do I find articles on Euthanasia in Singapore? Then select PERIND Find the Citation Using an Index Select Databases NUS Libraries Portal:

How Do I Find Journal Articles? Question 1: Where do I find articles on Euthanasia in Singapore? Enter NUSNET ID and password if off-campus On the next screen: Click here if on campus Select appropriate options on next few screens to access PERIND Find the Citation Using an Index

25 How Do I Find Journal Articles? Question 1: Where do I find articles on Euthanasia in Singapore? a. Click the arrow in the Paragraphs box to display a pull-down menu. “Anywhere” allows you to search all fields. b. Enter the search terms c. Submit your query To search PERIND: Find the Citation Using an Index

26 How Do I Find Journal Articles? Question 1: Where do I find articles on Euthanasia in Singapore? Results page: Click on selected article Find the Citation Using an Index

27 How Do I Find Journal Articles? Question 1: Where do I find articles on Euthanasia in Singapore? Note citation of article Don’t forget Step 2 - Search for journal title in LINC+ or full text database Find the Citation Using an Index

28 How Do I Find Journal Articles? Question 2: Where do I find articles about “Rylands v Fletcher”? Determine the scope of your research: “Rylands v Fletcher” is a common law concept. Select appropriate database/s: Select databases focusing on common law articles. These include LegalTrac, Index to Legal Periodicals & Books and Current Legal Information. Access: NUS Libraries Portal Find the Citation Using an Index

29 How Do I Find Journal Articles? Question 2: Where do I find articles on “Rylands v Fletcher”? E.g. using LegalTrac Access: NUS Libraries Portal Select Resources > Databases > By Subject > Find the Citation Using an Index

30 How Do I Find Journal Articles? Question 2: Where do I find articles on “Rylands v Fletcher”? Select LegalTrac from list of databases Find the Citation Using an Index

31 How Do I Find Journal Articles? Enter NUSNET ID and password if off-campus Click here if on campus Question 2: Where do I find articles on “Rylands v Fletcher”? Find the Citation Using an Index

32 How Do I Find Journal Articles? Question 2: Where do I find articles on “Rylands v Fletcher”? Click continue Find the Citation Using an Index Select LegalTrac

33 How Do I Find Journal Articles? Question 2: Where do I find articles on “Rylands v Fletcher”? Various search options are given. For straightforward searches, “BASIC SEARCH” will suffice. Select this from the menu bar and then enter the relevant keywords in the search box. Find the Citation Using an Index

34 How Do I Find Journal Articles? Question 2: Where do I find articles on “Rylands v Fletcher”? Click on title for more bibliographic information Full texts occasionally available in PDF format Take note of citation; search for journal title in LINC+ or database Search results: Find the Citation Using an Index

35 How Do I Find Journal Articles? Using a Full Text Database 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. However, journals in databases are limited to materials which the database vendors are licensed to publish, whereas indexes cover a wider and more comprehensive range of journals. Databases subscribed to by NUS Libraries and Faculty of Law include: HeinOnline – NUS Libraries PortalNUS Libraries Portal JSTOR – NUS Libraries PortalNUS Libraries Portal LawNet – Law Proxy ServiceLaw Proxy Service LexisNexis - NUS Libraries PortalNUS Libraries Portal Westlaw - Law Proxy Service.Law Proxy Service

36 How Do I Find Journal Articles? E.g. Using HeinOnline to find articles on “inchoate title” Using a Full Text Database From the NUS Libraries Portal page ( select: Resources > Databases > By Subject > Law > HeinOnline. After logging in with your NUSNET ID and password:

37 How Do I Find Journal Articles? E.g. Using HeinOnline to find articles on “inchoate title” Using a Full Text Database

38 How Do I Find Journal Articles? E.g. Using HeinOnline to find articles on “inchoate title” Using a Full Text Database On this page, you can browse publication titles. If not, then select your preferred search options:

39 How Do I Find Journal Articles? E.g. Using HeinOnline to find articles on “inchoate title” Using a Full Text Database 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:

40 How Do I Find Journal Articles? E.g. Using HeinOnline to find articles on “inchoate title” Using a Full Text Database On results page:

41 How Do I Find Newspaper Articles? Are newspaper articles relevant? Newspaper articles provide valuable sources of information: the latest legal news commentaries on the law information on current cases, many of which may never be published in the law reports All dressed up but facing claims in court Business Times, 5 Jul 2012 Claim to 2 houses in sham divorce rejected Straits Times, 4 Jul 2012 Injured worker will keep record $1 million Straits Times, 30 Jun 2012 Man's appeal against death sentence fails Today, 4 Jul 2012

42 How Do I Find Newspaper Articles? Full texts of newspaper articles may be obtained from the following databases: Access these databases via the NUS Libraries Portal: Access to local, national and international newspapers and business magazines, including The Straits Times (1 Jul 1989-), Business Times (29 Jan 1984-), The Times (UK) (5 Jan 1981-), The New York Times (1 Jun 1980-) Access to world leading and business sources including The Straits Times (1 May 1992-), Business Times (1 May 1992-), The Times (UK) (1 Jul 1985-)

43 How Do I Find Newspaper Articles? or select Databases and then Factiva Under Resources, click on E-Newspapers and select Factiva on the next screen Here is a brief demonstration on the use of Factiva:

How Do I Find Newspaper Articles? Enter NUSNET ID and password if off-campus On the next screen: Click here if on campus

45 How Do I Find Newspaper Articles? There are limited licences for this database. If you encounter an error message, try again later. Click on Continue

46 How Do I Find Newspaper Articles? Select Search E.g. Search for Straits Times articles on sentencing in the “Tang Wee Sung kidney transplant” case Select Search Builder

47 How Do I Find Newspaper Articles? E.g. Search for Straits Times for articles on the Tang Wee Sung illal organ transplant case E.g. Search for Straits Times articles on sentencing in the “Tang Wee Sung kidney transplant” case Search for your source e.g. Straits Times

48 How Do I Find Newspaper Articles? Enter search terms E.g. Search for Straits Times articles on sentencing in the “Tang Wee Sung kidney transplant” case Select relevant source Select date range

How Do I Find Newspaper Articles? Click on relevant title for full text E.g. Search for Straits Times for articles on the Tang Wee Sung illegal organ trasplant case 49 E.g. Search for Straits Times articles on sentencing in the “Tang Wee Sung kidney transplant” case

Content by: Lee Su-Lin Updated: 6 th July 2012 © C J Koh Law Library The End You have reached the end of this tutorial. If you have any queries, please or speak to a librarian at the C J Koh Law Library Information Desk: