Cecilia Tellis, Law Librarian Brian Dickson Law Library Principles of Legal Research Fall 2008 Week 2: September Cecilia Tellis, Law Librarian Brian Dickson Law Library

“Research is formalized curiosity. It is poking and prying with a purpose.” Zora Heale Hurston, Dust Tracks on a Road (1942)

Outline  Brian Dickson Law Library website –Catalogue  Library tour  Importance of legal research  How legal research differs from research in other contexts  Categories of legal research materials  The legal research process  Types of legal research  Paper vs. electronic: advantages / disadvantages  Deciphering legal abbreviations  Exercises

Brian Dickson Law Library website  A quick tour of: –Focus on the cataloguecatalogue

Library tour  To point out specific services and collections

Importance of legal research  Rules of Professional Conduct Rule 2: Relationship to Clients –“competent lawyer”

Cases where (lack of) legal research discussed 1. Lougheed Enterprises Ltd. v. Armbruster (1992), 63 B.C.L.R. (2nd) 316 (C.A.). 2. World Wide Treasure Adventures Inc. v. Trivia Games Inc. (1987), 16 B.C.L.R. 135 (Sup.Ct.). 3. Gibb v. Jiwan [1996] O.J. No.1370 (Sup. Ct. of Justice – Gen. Div.) ‏.

Attributes of good of legal research: Four Cs orrect omprehensive redible ost-effective

How legal research differs from research in other contexts  Awareness of legal material & relationships between these materials  How does the source apply to the subject matter?  Need multiple sources and different techniques for each source  Often requires comprehensive primary authority research  Is the law you found up-to-date? –Law is organic

Categories of legal research materials  Primary authority –presents information in its original form –judicial or administrative decision –enacted legislation (statutes, regulations, codes)  Secondary authority –an interpretation of case law and/or legislation –encyclopedias, periodicals, case comments, textbooks  Finding tools –Library catalogue, periodical indexes, search engines, legal gateways/portals, case digests

The legal research process  Basic steps: –Identify the legal issue(s) –Work with specialized legal and non-legal research tools and sources –Apply the law you find to solve legal problem

“FILAC” Approach  Facts  Issues  Law  Analysis/Application of law to facts  Communication Correctly identify the relevant facts – sometimes obvious, sometimes not But what if I don’t know enough about the subject at hand? Identify relevant issues to be researched. These arise from the facts, usually stated in the form of legal questions that the client needs answered. Find the relevant law. 1)Use secondary sources – broad overview. 2)Narrow in on primary sources. Apply the relevant law to the facts to analyze the way a judge would decide the matter given the same set of facts. Communicate results of the research problem – be clear, accurate, concise.

The legal research process

Types of legal research  Scholarly: –Usually directed toward general conclusions –Broad/exhaustive searches –Attempt to find and discuss all relevant material –End result: a critical piece of work  Research done by a lawyer: –Attempt to find and apply legal authority relevant to the precise question of client –More narrowly focused –Deadline-driven –End result: e.g. memorandum of law

Paper vs. electronic research  Advantages & disadvantages – your thoughts?  Why you’ll need both  When to use each method

Principles of Effective Legal Research 1.Develop a research plan before using either print or online sources. 2.Select the source that most comprehensively covers your subject matter. 3.Start with print materials if you just need an overview.

Principles of Effective Legal Research (cont’d) 4.Start with a print item OR a highly structured online search when issue involves common / ambiguous terms. 5.Begin with print material when problem concerns broad concepts. 6.Use hard copy sources first when trying to locate legislation on a subject.

Principles of Effective Legal Research (cont’d) 7.Use online searching for unusual or unique terms. 8.Use online searching if your research involves proper names of individuals, products or corporations. 9.If a search online for a quick answer becomes unproductive, try manual research techniques next.

Principles of Effective Legal Research (cont’d) 10.Use hard copy sources to locate analogous information on a point of law. 11.Consult the “experts” about your research strategy.

When can I stop researching?  When you have completed the steps in the legal research model you’re using  When you have used a variety of appropriate sources  When you are finding the same authorities over and over again  When cost exceeds benefit, i.e. you run out of time

Deciphering legal abbreviations  Legal texts are full of ABBRs  What gets abbreviated? –Names of courts & tribunals, periodicals, yearbooks, case law reporters  McGill Cite Guide includes appendices with abbreviations  Dictionaries of legal abbreviations  Online legal abbreviation sources Online legal abbreviation sources

 Brian Dickson Law Library in-house binder of Law Reports & Statutesin-house binder  *Cardiff Index to Legal AbbreviationsCardiff Index to Legal Abbreviations –Lists jurisdiction  Liste des abréviations juridiques (U de Montréal) Liste des abréviations juridiques –Includes some Quicklaw abbreviations –But ignore call numbers listed beside the titles!

Summary  Legal research… –Can be done in print and/or online –Is not linear, necessarily straightforward –Requires an awareness of what primary & secondary materials are and where they can be found –Can be frustrating, tedious –Requires patience and practice!

Exercises  Assignment #1: Work individually: –to hand in today OR at the beginning of next week’s class