Unlocking legal learning. Statutes Law reports (Primary sources)

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Presentation transcript:

Unlocking legal learning

Statutes Law reports (Primary sources)

Textbooks Journals (Secondary sources)

Online resources (Primary and Secondary sources)

1 st Key: Statutes Statutes = primary sources & the major source of English law Acts as passed by Parliament the original (or historical) text of an Act as it was on the date it received Royal Assent Acts currently in force statutes as amended by subsequent legislation

Citing statutes Short title: Companies Act 2006 Long title: “An Act to reform company law and restate the greater part of the enactments relating to companies; to make other provision relating to companies and other forms of business organisation; to make provision about directors' disqualification, business names, auditors and actuaries; to amend Part 9 of the Enterprise Act 2002; and for connected purposes.” Technical citation: 2006 c. 46

A statute is divided into: Sections Sub-sections Paragraphs Examples: s 3(2)a s 14(3)b

Finding statutes The Law Library holds all UK statutes in paper copy and online. To find statutes online, use: Westlaw UK Lexis® Library Note also: UK Statute Law Database

2 nd Key: Law reports Law reports = the second major source of English law Like statutes, they are primary sources of law

What are law reports? Law reports are reports of cases decided by the courts They too contain the actual text of the law – notably the judgements of various courts

Why are law reports important? (1) Doctrine of Precedent: In similar cases, courts must, within certain limits, follow earlier decisions made by the courts Judgements given by superior courts are binding on inferior courts

Hierarchy of the courts Supreme Court, prior to this, The House of Lords Court of Appeal High Court Crown Court County Court Magistrates’ Court ECtHR (Strasbourg)ECJ (Luxembourg)

Why are law reports important? (2) a system of precedent can only operate where there is a well established system of law reporting a good system of law reporting enables decisions to be accessed by future courts

Finding law reports The Law Library holds all the major series of law reports in paper copy and online.

The “official” law reports The Law Reports ( onwards) Published by ICLR for Eng & Wales Appeal Cases AC Chancery DivisionCh Queens BenchQB Family DivisionFam

Other major series of law reports include: Weekly Law Reports [WLR] All England Law Reports [All ER] Butterworths Human Rights Cases [BHRC] Family Law Reports [FLR] Times Law reports [TLR] Common Market Law Reports [CMLR] The English Reports: [ER]

Law reports online For online versions of law reports, use: Lexis® Library Westlaw UK

Law Reports: case citation (1) Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256

Law Reports: case citation (2) [1996] QB 924 [1976] 1 WLR 1390 [2003] 4 All ER 78 [2001] 2 FLR 976

Case citation: to find abbreviations Osborn’s concise law dictionary (£10.95) Raistrick, D. (2008) Index to legal citations and abbreviations. 3 rd ed. (£99.00!) Cardiff index to legal abbreviations

Cardiff Index to Legal Abbreviations

3 rd Key: Textbooks Law textbooks = secondary sources of legal info Consult reading lists Use current editions (unless doing historical research) Use the Library catalogue

Library catalogue: BRADfinder

University homepage: Follow link to Library catalogue > advanced search You need to know: How to find a book How to reserve a book How to check your own user record – go to My Library / Borrower Info

Textbooks in the Law Library The Law Library is in J.B. Priestley Library, Floor 0, until January Examples of Dewey numbers for Law: D 340 English legal system D Company law D Business / commercial law D Sale of goods

4 th Key: Legal journals Journal articles = secondary sources of legal information Examples: Business Law Review Industrial Law Journal Journal of Business Law

5 th Key: Online resources Subscription services Lexis® Library Westlaw UK HeinOnline

Online resources (cont.) Access to subscription services is controlled by your ATHENS account details Details of your ATHENS user-name and password are sent to your student address

Lexis ® Library and Westlaw UK Access directly via: and enter your Athens username and password.

Lexis® Library

Lexis® Library certificate This certificate proves you have reached a certain level of competence in using Lexis® Library. You can list this certificate on your CV to potential employers. Go to: n/

Westlaw UK

Westlaw UK – online tutorials Go to Westlaw UK homepage Click on Training Tutorial tab (near top-right of screen). Click on: Student Training Tutorial. This provides online tutorials and the option to take an interactive test.

Westlaw UK – student rep For extra help, contact the Westlaw UK Student Representative, who gives research guidance and training in the Library each Wednesday: Muhammad Ali Khan

HeinOnline Access HeinOnline directly from the Library catalogue From the pull-down list select University of Bradford Click on Authenticate. Now enter your Athens username and password. You should then access the database. Click on Law Journal Libr ary.

HeinOnline

The five keys to legal learning – re-cap Statutes Law Reports Textbooks Journals Online resources

What to do next (1) Become familiar with the Library catalogue! Know: how to find a book how to reserve a book how to check you own user record via: My Library / Borrower Information

What to do next (2) Complete the exercises in the tutorial booklet.