Searching Legal Databases 101

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Presentation transcript:

Searching Legal Databases 101 A Whirlwind Tour of the Key Elements. 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University

Fundamentals Legal Research Legal research in Canada, and elsewhere, is complex, costly, and critical to the success (or failure) of a wide range of ‘actions’ involving a host of ‘parties’ Searching available legal databases, and/or print resources, is the basis of most legal research Whatever research being conducted MUST deal with the Law in its most current state Researchers will be searching for relevant data in three (3) key areas: Legal Research Statutes Case Law Secondary Sources 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University

Fundamentals Statutes Legislation Regulation Administrative Law Court Rules Case Law Levels of Court Citators Digests Reporters Secondary Sources Legal encyclopedia Treatises Practice guides Law reviews/journals Each of these areas will include (virtually) ALL of the sources you will need to access in search of answers to your legal Question N.B.: I am taking some liberties here for the sake of clarity. Remember this is a highly complex area of professional practice! 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University

Planning Legal Research Craft search Navigate results Database selection In essence, you will be trying to accomplish the following three (3) things: Make proper database selections; Craft precise & accurate searches; and Effectively navigate results. 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University

Dissecting the Problem Legal concepts Brief phrases Catch words Begin with an off-line process of clarifying your Problem, using Catch words Legal concepts Brief phrases 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University

Actions, Transactions, Events, etc. Constructing a Search Search terms MAY consider: Parties: i.e., people or entities involved in the Problem Actions, Transactions, Events, Things or Items involved in the Problem Potential liability between parties & defenses to liability Potential relief to be obtained in actions between parties Parties Actions, Transactions, Events, etc. Potential Liability Potential Relief Search Terms 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University

Major Legal Databases Fee-based: Lexis/Nexis Westlaw Strong & Free CanLII Others based on CanLII template 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University

Major Legal Databases Fee-based: Lexis/Nexis http://www.lexisnexis.ca/en-ca/home.page Westlaw http://www.westlawnextcanada.com/ 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University

Two Sample Searches Mr. Big Sting Nova Scotia Serious Incident Response Team (SiRT) 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University

Two Sample Searches Mr. Big Sting What do we know? RCMP undercover operation Supreme Court of Canada case Person from Gander, NL SCC decision in July 2014 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University

Two Sample Searches Mr. Big Sting https://www.canlii.org/en/ R. v. Hart (July 31, 2014) 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University

Two Sample Searches Serious Incident Response Team (SiRT) Access request for records https://www.canlii.org/en/ Nova Scotia Freedom of Information & Protection of Privacy Office 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University

To learn more about conducting online (and/or print-based) legal research, consider taking INFO 6320 (Legal Literature & Librarianship) being offered through SIM in the Winter Term 2015. Legal Research In Slide Show mode, click the arrow to enter the PowerPoint Getting Started Center. Find out more at the SIM http://www.dal.ca/academics/programs/graduate/mlis.html 1/16/2019 Paul F. McKenna, Adjunct, Faculty of Graduate Studies, Dalhousie University