LPAB – Understanding Legal Language and Legislation – Legal Research Class – 22 November 2013 and 24 January 2014 Session Coverage General legal research revision Finding cases and journal articles Legal citation Researching legislation

What do law firms think of the legal research skills of graduates???

“Research skills of grads are very poor. I find I have to take them right back to basics including how case law works and how legislation comes into existence.”

“ They tend to rely on Google and AustLII - no sense of the availability of journal articles, loose-leaf commentary, seminal textbooks etc.”

“...a lack of hands on experience with legislation.... they don't understand how to read notes tables” “They can find cases but still get confused by medium neutral citations.”

“While Google is popular so is Wikipedia. I even saw a Federal Court case, where the lawyers had done their research on Wikipedia.”

“They can be very gung-ho and announce they know everything about legal research - everything's on LexisNexis right?”

Interpreting a case citation Swain v Waverley Municipal Council (2005) 220 CLR 517; [2005] HCA 4

Interpreting a case citation Two main types of case citation -Law report citation -Medium neutral citation (court) Swain v Waverley Municipal Council (2005) 220 CLR 517 – law report [2005] HCA 4 – medium neutral

Steps for Finding cases: What is the abbreviation?? (see Law Library – Free Web Law – Legal Abbreviations) Australian or UK or other?? Law report or medium neutral citation

Steps for Finding cases (cont): Law Report: Law Databases – Law Reports A to Z Medium Neutral Citation Law Databases – Cases - AustLII UK case - Law Databases – Cases – ICLR Online

CaseBase and FirstPoint To obtain extra information about a case To find cases by subject

Finding Journal Articles When you already have a citation - ‘Journal’ search on library catalogue. Search title of journal NOT title of article Searching for journal articles by subject -Law Databases – Journal databases and news Services – eg. AGIS Plus Text (Australia) and LegalTrac (international)

Legal Citation There is no single standard in Australia for legal referencing. However, it is important that all citations made within one document are consistent in style Australian Guide to Legal Citation (3 rd edition) (AGLC3) is the most commonly used citation style for Australian law schools and legal publications.

Case law AGLC3 Citation Style: Reported Judgments: Swain v Waverley Municipal Council (2005) 220 CLR 517 Unreported Judgments: Swain v Waverley Municipal Council [2005] HCA 4

Books AGLC3 Citation Style: Dennis Pearce and Robert Geddes, Statutory Interpretation in Australia (Lexis Nexis Butterworths, 7 th ed, 2011).

Journal articles AGLC3 Citation Style: Miranda Kaye, Julie Stubbs and Julia Tolmie, ‘Domestic Violence and Child Contact Arrangements’ (2003) 17(2) Australian Journal of Family Law 93, 95.

Legislation Bills Statutes Delegated Legislation Related Parliamentary materials

Bills Bills are a draft of a proposed statute. Civil Liability Bill 2002 (NSW)

Acts / Statutes Terms are interchangeable – refer to enactments of Parliament Civil Liability Act 2002 (NSW)

Types of Acts Two main types: Principal Act: An Act that deals comprehensively with a given area of law. Civil Liability Act 2002 (NSW)

Amending Act An Act that alters the operation of an earlier Act by: -substituting or inserting words -omitting or repealing provisions Civil Liability Amendment Act 2006 (NSW)

Delegated Legislation Examples include: regulations, rules, ordinances, by-laws Laws made by a person or body to whom Parliament has delegated law-making authority. Civil Liability Regulation 2009 (NSW)

Finding Acts and Delegated Legislation Commonwealth Legislation ComLaw AustLII NSW Legislation NSW Parliamentary Counsel’s Office AustLII

Basic Boolean connectors:  AND – combining concepts Eg. murder and defences  OR – for similar concepts and synonyms Eg. murder OR manslaughter  NOT (sometimes AND NOT) – leaving out concepts Eg. Murder NOT provocation