LAW116 Library session 25 August 2017 Annette Goodwin & Lauren Hookham

After this session, you should have… Understand the legal research process & IRAC An understanding of how to determine the relevant legislation and provisions from key legal issues using secondary resources An understanding of how to locate law reform and the history of relevant legislation An understanding of how to identify cases that have affected legislation

The resources we’ll cover today Dictionaries Encyclopaedias Journal Articles Commentary Legislation Provisions Amendments Bills 2nd reading speeches Case Citators

Library Resources Available to you Law Library Resource Guide http://libguides.csu.edu.au/law Legal Research Skills Guide http://libguides.csu.edu.au/legal_research Videos https://youtu.be/ZWQa17s5Vmo?list=PLx1cPoNOmFe3O8MDK-2cxpYcWFdwViqcJ

What is the Legal Research Process?

Legal Research Strategy Work from secondary resources to determine the primary resources you need to refer to IRAC We’ll be using these 2 today I- Issues R – Rules A – Application of the rules C - Conclusion

Things to remember when reading a scenario When reading a scenario, take note of: the jurisdiction (where the events occurred) dates people involved what happened what broad area of law should be applied to the problem e.g. criminal law, contract law Consider what legal principles or questions need to be addressed.  It is important to research legal principles rather than facts of the case.

My scenario You act on behalf of Katrina Styles, a 19 year old university student who has been charged with failing to stop in a police pursuit . Katrina was driving from her university in Bathurst home to Coonamble at the beginning of mid-session break. She had 3 passengers in the car. They had left Bathurst after their last lecture which finished at 5pm on Friday. It had been sleeting for most of the day. Katrina is on her green P’s. Between Bathurst and Orange, she drove through the town of Lucknow at a speed of 100km/h, well above the speed limit of 50km/h. The police detected her speed as she drove through, and commenced pursuit. They continued to follow her along the Orange Northern Distributor, where they reached speeds of up to 140km/h following her for around 6 kilometres before Katrina finally reached an intersection, and was cut off by a second police car at that intersection. Katrina instructs you that with her friends in the car and the music blaring at the end of mid-session break, she did not realise the Police were following her until the other police car pulled out in front of her. She says to you, “That police car that pulled out in front of me was such an idiot, he could have killed both of us!” The police statements indicate that the police had their lights and sirens activated from the beginning of the pursuit. The passenger of the police car also states: “I could see the passengers in the rear of the vehicle. They were continually turning around and looking right towards us. This continued from the beginning of the pursuit until the end. When Miss Styles was arrested, she said words to the effect of, “I’m really sorry – we just thought it would be a bit of fun to see how far we could get with you chasing us.” Advise Katrina as to the following: The legislation provisions in relation to police pursuits, including the history of such legislation; Whether or not she should plead guilty; The matters that will be taken into account by the Court on sentencing.

The facts Katrina was driving at the end of the day of lectures Katrina was driving at dusk and it had been sleeting Katrina was speeding when the police commenced a pursuit Katrina had passengers and they were playing loud music The police statement says that the passengers were turning around and looking in the direction of the police car

The Issues Did Katrina know she was in a police pursuit? Did Katrina’s actions meet all of the elements involved in a police pursuit? What are the elements of a police pursuit? Sentencing considerations?

Speeding Police pursuit Pursuit Traffic Road rules Licences sentencing My keywords Speeding Police pursuit Pursuit Traffic Road rules Licences sentencing

Dictionaries/Encyclopaedias Law Library Resource Guide – Secondary Resources – Dictionaries & encyclopaedias Commentaries/Loose leaf Law Library Resource Guide – Secondary Resource – Legal commentary Journal Articles Law Library Guide – Secondary Resources – Journal articles Law Reform Law Library Resource Guide – Secondary Resources – Law reform

Case Citators What is a citator? Law Library Resource Guide – Case Law Citators allow you to track the history of a case and its subsequent treatment by the courts, as well as determine if a case is still good law. Case Citators at CSU Firstpoint (Westlaw) CaseBase (Lexis)

Legislation Law Library Resource Guide – Legislation Legislation - laws made by Parliament and comprises: Acts (also called statutes) which may be amended later by Amending Acts or Amendments Subordinate or delegated legislation (including regulations, rules, by-laws, ordinances, orders and legislative instruments) drafted by authorised bodies such as government departments, local councils and universities Locate legislation using the legislation website for the relevant jurisdiction!

Extrinsic Material Bills – a proposal for a new law which has been presented to Parliament. Once a bill has been enacted into law, it is called an Act or a statute. 2nd Reading Speeches - part of the process of creating legislation – will give some background to the discussions surrounding the implementation of the legislation at the time Bills Digests provide an independent perspective on legislation. They are written to assist members of Parliament in their consideration of Bills. Explanatory Memoranda (sometimes called explanatory notes, depending on jurisdiction) are documents presented to parliament in the early stages of a bills passage through parliament Law Reform Commission/Parliamentary Committee Reports

Questions