1. LAW116
Library session
25 August 2017
Annette Goodwin &
Lauren Hookham

2. After this session, you should have…
Understand the legal research process & IRAC
An understanding of how to determine the relevant legislation and provisions from key legal issues using secondary resources
An understanding of how to locate law reform and the history of relevant legislation
An understanding of how to identify cases that have affected legislation

3. The resources we’ll cover today
Dictionaries
Encyclopaedias
Journal Articles
Commentary
Legislation
Provisions
Amendments
Bills
2nd reading speeches
Case Citators

4. Library Resources Available to you
Law Library Resource Guide
Legal Research Skills Guide
Videos

5. What is the Legal Research Process?

6. Legal Research Strategy
Work from secondary resources to determine the primary resources you need to refer to
IRAC
We’ll be using these 2 today
I- Issues
R – Rules
A – Application of the rules
C - Conclusion

7. Things to remember when reading a scenario
When reading a scenario, take note of:
the jurisdiction (where the events occurred)
dates
people involved
what happened
what broad area of law should be applied to the problem e.g. criminal law, contract law
Consider what legal principles or questions need to be addressed.
 It is important to research legal principles rather than facts of the case.

8. My scenario
You act on behalf of Katrina Styles, a 19 year old university student who has been charged with failing to stop in a police pursuit . Katrina was driving from her university in Bathurst home to Coonamble at the beginning of mid-session break. She had 3 passengers in the car. They had left Bathurst after their last lecture which finished at 5pm on Friday. It had been sleeting for most of the day. Katrina is on her green P’s.
Between Bathurst and Orange, she drove through the town of Lucknow at a speed of 100km/h, well above the speed limit of 50km/h. The police detected her speed as she drove through, and commenced pursuit. They continued to follow her along the Orange Northern Distributor, where they reached speeds of up to 140km/h following her for around 6 kilometres before Katrina finally reached an intersection, and was cut off by a second police car at that intersection. Katrina instructs you that with her friends in the car and the music blaring at the end of mid-session break, she did not realise the Police were following her until the other police car pulled out in front of her. She says to you, “That police car that pulled out in front of me was such an idiot, he could have killed both of us!”
The police statements indicate that the police had their lights and sirens activated from the beginning of the pursuit. The passenger of the police car also states: “I could see the passengers in the rear of the vehicle. They were continually turning around and looking right towards us. This continued from the beginning of the pursuit until the end. When Miss Styles was arrested, she said words to the effect of, “I’m really sorry – we just thought it would be a bit of fun to see how far we could get with you chasing us.”
Advise Katrina as to the following:
The legislation provisions in relation to police pursuits, including the history of such legislation;
Whether or not she should plead guilty;
The matters that will be taken into account by the Court on sentencing.

9. The facts Katrina was driving at the end of the day of lectures
Katrina was driving at dusk and it had been sleeting
Katrina was speeding when the police commenced a pursuit
Katrina had passengers and they were playing loud music
The police statement says that the passengers were turning around and looking in the direction of the police car

10. The Issues Did Katrina know she was in a police pursuit?
Did Katrina’s actions meet all of the elements involved in a police pursuit?
What are the elements of a police pursuit?
Sentencing considerations?

11. Speeding Police pursuit Pursuit Traffic Road rules Licences sentencing
My keywords
Speeding
Police pursuit
Pursuit
Traffic
Road rules Licences
sentencing

12. Dictionaries/Encyclopaedias
Law Library Resource Guide – Secondary Resources – Dictionaries & encyclopaedias
Commentaries/Loose leaf
Law Library Resource Guide – Secondary Resource – Legal commentary
Journal Articles
Law Library Guide – Secondary Resources – Journal articles
Law Reform
Law Library Resource Guide – Secondary Resources – Law reform

13. Case Citators What is a citator? Law Library Resource Guide – Case Law
Citators allow you to track the history of a case and its subsequent treatment by the courts, as well as determine if a case is still good law.
Case Citators at CSU
Firstpoint (Westlaw)
CaseBase (Lexis)

14. Legislation Law Library Resource Guide – Legislation
Legislation - laws made by Parliament and comprises:
Acts (also called statutes) which may be amended later by Amending Acts or Amendments
Subordinate or delegated legislation (including regulations, rules, by-laws, ordinances, orders and legislative instruments) drafted by authorised bodies such as government departments, local councils and universities
Locate legislation using the legislation website for the relevant jurisdiction!

15. Extrinsic Material
Bills – a proposal for a new law which has been presented to Parliament. Once a bill has been enacted into law, it is called an Act or a statute.
2nd Reading Speeches - part of the process of creating legislation – will give some background to the discussions surrounding the implementation of the legislation at the time
Bills Digests provide an independent perspective on legislation. They are written to assist members of Parliament in their consideration of Bills.
Explanatory Memoranda (sometimes called explanatory notes, depending on jurisdiction) are documents presented to parliament in the early stages of a bills passage through parliament
Law Reform Commission/Parliamentary Committee Reports

16. Questions