Using Online Databases to Locate Judicial Decisions by Annette Demers BA LLB MLIS Judicial Decisions.

Slides:



Advertisements
Similar presentations
EOC Judicial – Systems / Structures
Advertisements

Cecilia Tellis, Law Librarian Brian Dickson Law Library Principles of Legal Research Week 4: Sept. 29-Oct.3.
By Vikash kumar, Yashvardhan Singh & group 1 ST YEAR (B.B.A LLb.)
Our Precedential Court System
Case Law: The Courts Trial courts are the entry to the court system. Trial courts are where attorneys present evidence and make arguments, and a judge.
Unit 1 – The South African Legal System Advocate Samuels BUSINESS LAW.
THE JUDICIAL SYSTEM Chapter 18. The Judicial System  Articles of Confederation did not set up a national judicial system  Major weakness of the Articles.
Unit Notes Judicial Branch. Types of Jurisdiction Judicial Review allows the Supreme Court to decide if a law is constitutional. Judicial Review allows.
Working with Judicial Decisions Part One by Annette Demers BA LLB MLIS Judicial Decisions.
Judicial Decision Making Artemus Ward Department of Political Science Northern Illinois University.
Overview, Binding and Persuasive predent
UNIT 3 LEGAL STUDIES AO3- THE ROLE OF THE COURTS
The Court System By: Professor Mika Cleveland Marshall Law.
Judicial Precedent by Lisa Incledon.
Doctrine of Precedent.
M 陳昕毅 Law reports are? . Law reports are publications. . They are series of books that contain judicial opinions from a selection.
Working with Judicial Decisions Part Two by Annette Demers BA LLB MLIS Judicial Decisions.
Principles of Legal Research Fall 2008 Week 3: September Cecilia Tellis, Law Librarian Brian Dickson Law Library.
The Five Main Sources of U.S. Law
4 CHAPTER 4: APPLICATION OF LAW. Using Case Law Court Hierarchy.
COMMON LAW, CASE LAW AND PRECEDENT
The Judicial System Duties of the Courts. The Responsibilities of the Canadian courts are: 1. Interpret the Laws made by the Legislative and Executive.
Cite-Checking 101 by Annette Demers BA LLB MLIS. Cite Checking is a Three Part Process.
Statutes Online Part Two by Annette Demers BA LLB MLIS Consolidated Statutes.
THE JUDICIAL SYSTEM Chapter 18. The Judicial System  Two types of cases:  Criminal Law: Government charges an individual with violating one or more.
The Judicial Branch. The court system functions independently of the executive and legislative branches – a check on possible abuses All judges have the.
Introduction to Case Law Research Presented by Annette Demers BA LLB MLIS Associate Dean, Law Library and Legal Research Services.
Case Law and Courts Ruth Bird Librarian Bodleian Law Library.
Yolanda Koscielski, Liaison Librarian for Criminology (Burnaby), Psychology and Legal Research
 Knowledge of ‘black-letter’ not enough - business now assumes an ethical dimension.  Many Different Laws May Affect a Single Business Transaction.
A history of the constitutionality of segregation in the United States Christine Glacken.
Legal Research Resources Seneca College January John Bolan, Reference Librarian Bora Laskin Law Library.
YR 12 LEGAL STUDIES How courts make law. Chapter overview This chapter looks at the concepts of Common law Doctrine of precedent Judgments and precedents.
Working with Judicial Decisions Part Two by Annette Demers BA LLB MLIS Judicial Decisions.
Warm-up: We no longer use the laws of the road(s) relating to the speeds at which horses and buggies travelled. We have changed those laws in relation.
Ch 8 The Judicial Branch 8.4 Deciding Cases at the Supreme Court.
Law and Society CJUS/POLS 102 Chapter 5: Limitations.
Law 12 MUNDY  Purpose of appeal is to have a trial or a portion of a trial reviewed by a higher court  First established in 1923  BC Court of.
Overview of the Legal Framework Overview. There are two main sources of employment law in Canada  Statute law  Common Law Statutes usually address issues.
Federal and State Courts. Jurisdiction The types of cases a court can hear. Two types of jurisdiction: Original/Appellate. Original: The first step in.
USING SHEPARD’S & KEYCITE EFFECTIVELY Melissa Sievers Librarian RFK Main Library
Reasons for a court hierarchy
Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright.
judicial review  the court’s authority to review a law to determine whether the law is in conflict with the Constitution.
Statutes Online by Annette Demers BA LLB MLIS. Annual Statutes Citation (federal): An Act to amend the Canada National Parks Act, SC 2013, c 2.
Chapter 16 The Federal Courts. Article III: The Judicial Branch Job under Separation of Powers: Job under Separation of Powers: Interpret the Law Marbury.
Ch.10 Sec.1.  Judicial System  Made up of the Supreme Court and over 100 other federal courts  Most important members are the judges  Civil Case 
Common Law. * Before the time of Henry II (1154 – 1189) local customs AND local laws varied from place to place * There was no record of what decisions.
Intro to the Appellate Process When a party loses at trial they have the right to appeal the decision. An appeal is always about whether the law was correctly.
LRW Research 2. Review  Sources of Authority Enacted law Enacted law ConstitutionsConstitutions StatutesStatutes Court rulesCourt rules Administrative.
THE ABILITY OF JUDGES TO MAKE LAW. INTRODUCTION: COMMON LAW  Common law – founded in England, adopted by Australia  It is law developed through the.
The Courts AP US Government. Some Basic Legal Terms Litigant – Someone involved in a lawsuit. This includes both plaintiff (one bringing the charge) and.
The Role of the Courts. What is Common Law? Common Law is law developed through the courts. Also known as Judge-made law and case law. It is created when.
Section 1.2.
History and Treatment of a Case
Understanding Law making
Introduction to Case Law Research
Noting Up a Case.
The Supreme Court and Inferior Courts
The Federal Court System and Supreme Court Decision Making:
Precedent Key points.
Shaping Public Policy Chapter 12.2.
The Role of the Federal Courts
The Courts AP US Government.
Section 1.2.
Powers of the Supreme Court
Judicial Branch Vocabulary
Precedent….
Chapter 6— Case Law Analysis
Chapter 7 Review Vocabulary: A. stare decisis B. litigants C. docket
Presentation transcript:

Using Online Databases to Locate Judicial Decisions by Annette Demers BA LLB MLIS Judicial Decisions

Content Judicial Decisions Use CanLii to find this source: Immigration and Refugee Board of Canada, Refugee Appeal Division

Content Judicial Decisions Now use Quicklaw to find it: Immigration and Refugee Board of Canada, Refugee Appeal Division

Content Judicial Decisions Quicklaw COVERAGE: From December 15, 2012 through current Canada Immigration and Refugee Board, Refugee Appeal Division Decisions

Content Judicial Decisions CanLII Continuous coverage from 2004 forward. Immigration and Refugee Board of Canada

Searching Judicial Decisions As a student in a firm, you’ll get two main questions: 1.Bring me a copy of this case. 2.Find cases on this topic.

Field Searching Judicial Decisions Use CanLii to find: [1993] 1 SCR 462

Field Searching Judicial Decisions Use Quicklaw to find: [1993] 1 SCR 462

Field Searching Judicial Decisions Use Quicklaw to find a copy of the Ruffolo case. It was heard before the Ontario Human Rights Tribunal in 2009.

Are there any cases where the Chinese cultural custom of filial piety was considered in an award for damages for personal injury? Unique Terms Judicial Decisions

Key Legal Issues The client has complained that she was denied a job due to racism. Judicial Decisions

Key Legal Issues The client has complained of discrimination on the basis of race in an application for employment. Judicial Decisions

Synonyms accomplice accessory co-conspirator abettor Judicial Decisions

Truncation conspir! conspire conspired conspiring conspiracy Judicial Decisions

Algorithm QL Judicial Decisions

Is the exception to the hearsay rule, known as the co-conspirators' exception, also known as the “Carter rule”, still good law? Locate the Supreme Court case which answers this question. Try it! Judicial Decisions

“co-conspirators' exception” or “Carter rule” Try it! Judicial Decisions

Precedent “Literally “to stand by things decided,” stare decisis is a rule that requires judges to follow or obey the rulings of other judges higher in the judicial hierarchy and is similar to the concept of a binding judicial precedent. When the facts in Case A are similar to Case B, the judge in Case B must follow the ruling in Case A if the judge in Case A is from a higher court in the same jurisdiction.” Tjaden, Legal Research and Writing, (3 rd ed) (Irwin Law, 2010). Judicial Decisions

Note Up In order to understand whether the outcome of a particular case is still good law, we must understand: 1.History of the case. Was the decision upheld on appeal? 2.Cases that have cited the case. Was the decision upheld in later decisions by higher levels of court, or was the decision overturned or modified in some way? Judicial Decisions

Note Up Our Online databases provide electronic tools which help users to see: 1. History of case 2. Cases that have cited other cases (judicial consideration). Judicial Decisions

Algorithm I need you to find any cases that deal with the constitutionality of detaining foreign nationals under a security certificate. I would like to see in particular the case that came down in Judicial Decisions

Algorithm constitutional! /s detain! and “security certificate” 2006 Judicial Decisions

THANK YOU! Annette Demers Judicial Decisions