1. LAW113
Library session – Assessment 2
12 April 2018
Annette Goodwin

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 extrinsic materials and law reform surrounding legislation

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

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

5. 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

6. Your question if you choose to accept it…
Students are to prepare legal advice based on R v Turnbull (No. 26) [2016] NSWSC
You are to imagine that Mr Turnbull has come into your office prior to his trial. He tells you that he has been charged with murder. He asks you to advise him of the law in relation to his charge. You should prepare a letter of advice to Mr Turnbull.
Your letter should address the following issues: 1. The Court draws a distinction between murder and manslaughter. Explain this distinction in your own words to your (fictional) client. Also explain the elements required to satisfy murder and manslaughter under the Crimes Act 1900 (NSW).
2. Mr Turnbull insists to you that he was provoked by the behaviour of the deceased, Mr Turner and says to you, "You can't tell a man what he can do on his own farm. I can do what I like." Explain to Mr Turnbull whether the defence of provocation is available to him.
3. Mr Turnbull says to you, "Well, I want to make sure we've covered all bases. Tell me what other defences I might have.” Explain what other defences exist, and whether any of those defences might be available to him.
4. Look at the NSW ODPP prosecution policy available at  Explain in your own words how you think that policy would impact on the decision to prosecute the case.

7. Your question if you choose to accept it…
Students are to prepare legal advice based on R v Turnbull (No. 26) [2016] NSWSC
You are to imagine that Mr Turnbull has come into your office prior to his trial. He tells you that he has been charged with murder. He asks you to advise him of the law in relation to his charge. You should prepare a letter of advice to Mr Turnbull.
Your letter should address the following issues: 1. The Court draws a distinction between murder and manslaughter. Explain this distinction in your own words to your (fictional) client. Also explain the elements required to satisfy murder and manslaughter under the Crimes Act 1900 (NSW).
2. Mr Turnbull insists to you that he was provoked by the behaviour of the deceased, Mr Turner and says to you, "You can't tell a man what he can do on his own farm. I can do what I like." Explain to Mr Turnbull whether the defence of provocation is available to him.
3. Mr Turnbull says to you, "Well, I want to make sure we've covered all bases. Tell me what other defences I might have.” Explain what other defences exist, and whether any of those defences might be available to him.
4. Look at the NSW ODPP prosecution policy available at  Explain in your own words how you think that policy would impact on the decision to prosecute the case.

8. The Facts of your case
R v Turnbull (No. 26) [2016] NSWSC 847 (30 June 2016) [46-75]
The Issues from the facts

9. Dictionaries Encyclopedias Journal Articles Commentaries
Law Library Guide > Secondary Resources > Dictionaries & Encyclopedias
Encyclopedias
Law Library Guide > Secondary Resources > Dictionaries & Encyclopedias
Journal Articles
Law Library Guide > Secondary Resources > Journal Articles
Commentaries
Law Library Guide > Area of Law > Criminal law & Criminal Procedure > Commentaries

10. Legislation Extrinsic Material Law Library Guide > Legislation

11. How do I know when to stop?
Generally, you have reached the end when you keep coming across the same material, and nothing both new and relevant is turning up.
What if you have not found anything relevant? Before you give up!
Discuss the problem with someone
Have you characterized the issues properly?
Have you used the right keywords?
Is the approach you have taken is too narrow?
look for cases dealing with broad general principles - formulate an argument from them
think of comparable situations that might apply
look for novel approaches by studying treatises, periodical literature, and the law of other jurisdictions
Check our Law Library Resource Guide and Legal Research Guide for information about additional sources