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Finding Legal materials online

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Presentation on theme: "Finding Legal materials online"— Presentation transcript:

1 Finding Legal materials online
Presented by Bissy Ithack 14 & 15 August 2019

2 Outline Primary sources of law Singapore Case law The Case citation
UK Case law Singapore Legislation UK Legislation Secondary sources of law Law subject guides

3 Primary sources of law Distinguish: Primary & Secondary sources of law

4 Primary sources of law Primary sources of law: authoritative publications of law produced by law-making bodies. Primary sources: a. Legislation Statutes Subsidiary Legislation/ Statutory Instruments b. Case law Decisions of the courts Secondary sources: publications of scholarly analysis of law books Journals etc. This presentation focuses on finding primary sources of law

5 Singapore Case Law

6 Singapore Case Law The principle law report series in Singapore is the Singapore Law Reports Coverage of cases from 1965. Print : K7599 SLR Online: *LawNet The Academy of Law has re-issued the Singapore Law Reports from 1965 through 2009 with re-written headnotes for the reports from 1965–2002, and re-edited judgment texts that conform to the SAL house-style. This set of reports is called the Singapore Law Reports (Reissue). Both sets are equally authoritative as each judgment reported in both remains in substance, though not in form, the same. However, note that there is a citation preference order as between these law reports. *LawNet access via NUS Faculty of Law

7 Order of Preference (From Highest to Lowest)
Singapore Case Law Citation preference order According to the Supreme Court Practice Directions part VIII ss 74(6), the official series of the law report(s) should be cited in priority to other citations. We have distilled the following order of preference below: Date of Case Order of Preference (From Highest to Lowest) 2010-Present Singapore Law Reports (2010-) (SLR Current Series) Neutral Citation Singapore Law Reports (Reissue) (SLR(R)) Singapore Law Reports ( ) (SLR ) Malayan Law Journal (MLJ) Pre-1965 The applicable heritage law report

8 Singapore Case Law SLR SLR (Reissue)
Alrich Development Pte Ltd v Rafiq Jumabhoy [1995] 2 SLR 401 Alrich Development Pte Ltd v Rafiq Jumabhoy [1995] 2 SLR(R) 340 SLR SLR (Reissue)

9 Singapore Case Law The other law report series which is the major source of reported Singapore court decisions from 1932 to 1991 is the Malayan Law Journal. Call no : K7599 MLJ Online: *LawNet & Lexis Advance Singapore *LawNet access via NUS Faculty of Law

10 II. Singapore Case Law Unreported Judgments
These are full text transcripts of written judgments as handed down in the Subordinate Courts, the High Court and Court of Appeal. They are available on LawNet database . Earlier judgments are also available in print in the law library: Ref: K7599 CA (Court of Appeal, Civil Appeals) K7599 CRA (Court of Appeal, Criminal Appeals) K7599 DC (District Court) K7599 J (High Court) K7599 MC (Magistrates’ Court) “Case Law & Decisions” of the Subordinate Courts and Supreme Court are also available for free for the last 3 months in LawNet under its links to Free Resources.

11 Case citations

12 Case Citation A case citation is a reference to a legal case in the law reports It generally includes the Names of the parties to the case year the decision of the court was delivered or published volume number of the law report abbreviation of the law report series first page at which the case is reported. Airtrust (Hong Kong) Ltd v PH Hydraulics & Engineering Pte Ltd [2016] 1 SLR 1060 A case citation is a reference to a case.

13 Case Citation Carriernet Global Ltd v Abkey Pte Ltd
Case citations: developed to enable users to cite to and find cases within a series of written books (“reporters”) What happened when cases began to be placed online, for public use? What would you need, not need, to find a case online? Don’t need: book, page number Do need: case name, year, court, case number (paragraph numbers – remember, no page numbers online) = “Neutral Citation”: citation to cases published online; does not refer to version printed in a book Carriernet Global Ltd v Abkey Pte Ltd Reporter Citation: [2010] 3 SLR 454 Neutral Citation : [2010] SGHC 104 In Singapore, the Neutral Citation system was introduced in 2002

14 Case citation The Neutral citation system was implemented by Supreme Court Practice Direction no. 3 of 2002 The neutral citation includes names of the parties to the case Year of the court decision jurisdiction/level of court sequential number paragraph number(s) Court designators include SGCA – Singapore Court of Appeal SGHC – Singapore High Court SGDC – Singapore District Court SGMC – Singapore Magistrates’ Court Public Prosecutor v Nguyen Tuong Van [2004] SGHC 54, [1]

15 Case citation Deciphering citations
Search an index to legal abbreviations to find out which law report the abbreviation stands for. 1. Print Index: Donald Raistrick, Index to Legal Citations and Abbreviations, 4th ed. (London: Sweet & Maxwell, 2013). Location: KB280 Rai 2013 (LW RBR; LW Reference Office; LW Reference1) 2. Online: Law Reference Desk – Abbreviations/Citations Librarian’s pick - Cardiff Index to Legal Abbreviations

16 Case citation Deciphering citations
Search Cardiff Index to find out which law report the abbreviation stands for e.g. SLR

17 Case citation Law Reference Desk

18 How to Find a case? Step 1. Find out what law report the abbreviation stands for by checking an index to legal abbreviations Step 2. Search LINC for the specific law report to determine its location in the library Or Search relevant database to find the case

19 LawNet - Singapore Cases
Singapore Law Reports and unreported judgments are available through LawNet LawNet (via NUS Law Resources)

20 LawNet database: Find cases and other materials
Singapore Law Reports Unreported judgments Malayan law journal (Singapore cases reported in the MLJ from ) Journal articles Singapore Academy of Law journal Singapore journal of legal studies Legislation Statutes Parliamentary Debates

21 LawNet - Singapore Cases
Unreported Judgments are only available through LawNet. Find case: Choo Tiong Hin v. Choo Hock Swee [1959] M.L.J. 67

22 LawNet - Singapore Cases

23 Singapore Case Law Discontinued series
Title Abbreviation Publication Date Ref Colony of Singapore Law Reports (previously called Singapore Law Reports) SLR (covers ) (covers ) K7599 SLR Straits Settlements Law Reports SSLR (new series) (covers ) (old series) (covers ) K7596 SSLR Federated Malay States Law Reports FMSLR (covers ) K7600 FMSLR Straits Law Journal SLJ K7596 SLJ Kyshe’s Reports Ky (covers ) K7596 Ky Straits Law Reports SLR Leic 1877 (covers ) K7596 SLR There are several discontinued series of law reports that contain older cases from the courts of Singapore, Malaya and Borneo. A complete listing of these reports can be found on p.vii-viii of Mallal’s Digest: Consolidated Table of Cases 2015 under the section entitled “Reports and Publications and Their Abbreviations”. (Print: K Md) Here is a reverse chronological list of a selection of old law reports: See LibGuide - Historical Sources of Singapore Law: Cases

24 UK Case Law

25 UK case Law Modern Law Reports The Law Reports (1865-) Print K2022 4C
The official set of law reports published by the Incorporated Council of Law Reporting for England and Wales. The 4 current series of the law reports are: Title Reports Decisions of Print Appeal Cases (AC) House of Lords, Privy Council & Court of Justice of the European Communities K2022 4C Queen’s Bench (QB) Queen’s Bench & Court of Appeal & ECJ on appeal from QB K2022 2E Family (Fam) Family Division & Court of Appeal on appeal from Fam D K2022 1C Chancery (Ch) Chancery Division & Court of Appeal on appeal from Ch D K2022 3B Online : ICLR, Lexis Advance Singapore , Westlaw & LawNet

26 UK Case Law Modern Law Reports 2. The Weekly Law Reports (WLR) (1953-)
Timely, full text reports. Print - Call no : K2020 WNR Online: ICLR 3. All England Law Reports (All ER) (1936-) Timely, full text reports; contains editorial notes. Print - Call no : K2020 AELR Online: Lexis Advance Singapore 4. Specialist series Contain a selection of cases in a discrete practice area. e.g. Lloyds Law Reports (maritime and commercial law) Print - Call no : K2020 LLLR Online: i-law 5. Newspapers Brief, edited reports. e.g. The Times Law Reports Print Call no: K2020 TR/ K2020 TLR 6. Unreported judgments These are not available in print in the Law Library, but a selection are available online. Online access via LexisNexis Academic & BAILLI (free access)

27 UK Case law UK cases are accessible through the following databases:-
Lexis Advance Singapore LawNet ICLR Westlaw LexisNexis Academic

28 LawNet – UK cases LawNet (via NUS Law Resources)
Find case: Balfour v. Balfour [1919] 2 K.B. 571

29 LawNet – UK cases

30 LawNet – UK cases

31 Lexis Advance Singapore

32 Lexis Advance Singapore

33 Lexis Advance Singapore

34 ICLR Online The official Law Reports published by Incorporated Council of Law Reporting for England and Wales (ICLR) and the Weekly Law Reports are available through this Database.

35 Westlaw Browse or search for US materials (legislation, Cases, treatises, journals and law reviews) in the home page Select ‘International Materials’ to search for resources from other jurisdictions)

36 Westlaw Search by name of parties or by citation

37 How can you get all the citations for a case?
How can you check to see if the citation you have is actually the correct case? How can you find which database contains your case?

38 JustisOne JustCite is incorporated into JustisOne database

39 JustisOne

40 JustisOne

41 Singapore Legislation

42 Singapore legislation
The 2 main sources of legislation in Singapore today are: I. Statutes of the Republic of Singapore (primary legislation) Print: K Online :Singapore Statutes Online *LawNet & Singapore Egazette II. Subsidiary Legislation of the Republic of Singapore (secondary legislation) Print: K Online: Singapore Statutes Online *LawNet & Singapore Egazette *LawNet access via NUS Faculty of Law

43 Singapore legislation
The Legislature, the law-making body in Singapore, is made up of the President the Parliament of Singapore. A Bill becomes law when it is passed by Parliament and assented to by the President. But an Act only comes into force on a date determined by the Minister and notified by a commencement Notification in the Gazette. How Laws are made? -

44 Singapore Legislation
From Bill to Act: Attorney-General’s Chambers Drafting and Vetting Government bill Parliament Introduction/ First Reading Bill Parliamentary debate Second Reading Bill Parliamentary debate Committee Stage Committee of the whole House Bill Parliamentary debate Select Committee Bill Select Committee report Third Reading Bill Parliamentary debate Presidential Council for Minority Rights Bill Presidential Assent Bill to Act Government Printer Gazetting Act (comes into force on date determined by Minister in charge of Act and notified by a commencement Notification in the Gazette)

45 Singapore Legislation
The Legislative Process From Bill to Act: Bills Supplement Print: K7499 SB Online: Singapore Statutes Online, Singapore Egazette & *LawNet Acts Supplement Print: K7399 SA Online: Singapore Statutes Online, Singapore Egazette & *LawNet *LawNet access via NUS Faculty of Law

46 Singapore Legislation
The Legislative Process From Bill to Act: Parliamentary Debate Print: J618 SLAD Online: Parliament website & *LawNet Select Committee Reports Print: K7524 … Online: Parliament website & *LawNet

47 Singapore Legislation
The Legislative Process The Act and its amendments: Consolidation of amendments Consolidated Version of Act: Online: The Act Amendments to Act Rules made pursuant to Act: Singapore Subsidiary Legislation Print: K Substantial amendments to Act: Revised Edition of Act (authoritative version) Print: K Acts Supplement E.g. 20 of 1998 Print: K7399 SA Subsidiary Legislation Supplement E.g. S 404/2000 Print: K7449 SLS Bill Parliamentary debate/ Select committee report

48 IV. Singapore Legislation
The Act and its amendments: Revised Editions of the Singapore Statutes 1955 Rev. Ed. 1970 Rev. Ed. 1985 Rev. Ed.

49 Singapore Legislation
E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.) Title of Act and Chapter No. Previous Rev. Eds. Original Act 1994 Rev. Ed. amended by: Act Supplements & Subsidiary Legislation Supplements Current Rev. Ed. Date current Rev. Ed. came into effect

50 Singapore Legislation
Legislative History E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.) The Legislative History of the Companies Act is located towards the back of the Act. This is a useful research tool as it contains the list of Acts that amended the earlier editions of the Companies Act, together with information on related Parliamentary Debates.

51 Singapore Legislation
Legislative History E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.) Things to note: Changes to “Principal Act” (1994 Rev. Ed.) made by: Amendment Act Other amending Acts Dates of Parliamentary Debates Dates of commencement of Amendment & amending Acts

52 Singapore Legislation
History of the Acts Period Title 1823 Raffles Regulations (validity disputed) 1830 Penang Governor’s Regulations (validity of some disputed) Bengal Regulations Indian Acts Straits Settlements Acts and Ordinances Japanese Military Administration Proclamations, Legislative Enactments, etc. (all repealed by the British Military Administration after the war) British Military Administration Proclamations Colony of Singapore Acts and Ordinances Colony of the State of Singapore Acts and Ordinances Federation of Malaysia Acts of Parliament/ State of Singapore Acts of the Legislature 1965- Statutes of the Republic of Singapore

53 Singapore Legislation
Singapore Statutes Online Find a statute: Contracts (Rights of Third Parties) Act

54 Singapore Legislation

55 Singapore Legislation

56 UK Legislation

57 V. UK Legislation Introduction The United Kingdom of Great Britain and
Northern Ireland consists of 4 countries forming 3 distinct jurisdictions, being England and Wales; Scotland and Northern Ireland. Since 1999, Scotland and Northern Ireland have had legislative bodies capable of producing primary legislation for those regions. In Wales, the powers of the National Assembly are limited to producing only secondary legislation.

58 UK Legislation Introduction The 2 main sources of UK legislation are:
Acts of Parliament (primary legislation) a. Public General Acts b. Local and Personal Acts II. Statutory Instruments (secondary legislation).

59 UK Legislation Where to find it Version
I. Acts of Parliament Version Notes Location Public General Acts. Queen’s Printer copy Individual Acts (selected statutes fr ) legislation.gov.uk: Public General Acts … Annual bound volumes. 1952- *K2011 PG *K2011 P The Law Reports. Statutes Reprint of the Public General Acts *K2011 P CL Closed Stacks Current Law Statutes Annotated Contains annotations. 1966/67, 1973, 1979- *KB3 CLSA Halsbury’s Statutes of England and Wales (4th ed.) Includes annotations *K2016 Hal UK Legislation Includes the full, amended text of Acts currently in force, as well as legislation recently enacted but not yet in force Lexis Singapore: Access via NUS Libraries Portal *Refer to LINC for exact location in library

60 II. Early English Statutes
UK Legislation Where to find it II. Early English Statutes Version Notes Location Statutes at Large (generic title) Includes Magna Carta *K2011 LP Statutes of the Realm Includes charters from *K2016 Sta CL Closed Stacks Online via HeinOnline Acts and Ordinances of the Interregnum *K2015 Fir *Refer to LINC for exact location in library

61 III. Statutory Instruments
UK Legislation Where to find it III. Statutory Instruments Category Notes Location Statutory Instruments Print Online *K2012 SI legislation.gov.uk: Lexis Singapore: Access via NUS Libraries Portal Statutory Rules & Orders and Statutory Instruments Revised to December 31, 1948 *K *Refer to LINC for exact location in library

62 IV. Bills (including Explanatory Notes)
UK Legislation Where to find it IV. Bills (including Explanatory Notes) Version Location Public Bills Before Parliament. 2002- (online) United Kingdom Parliament: House of Commons Parliamentary Papers: Bills (print) *K2009 GHCB CL Closed Stacks Bills (online) U.K. Parliamentary Papers Access via NUS Libraries Portal

63 V. Parliamentary Debates: Official Report or Hansard
UK Legislation Where to find it V. Parliamentary Debates: Official Report or Hansard Category Location House of Commons Print: Online: 1988- *J301 H2C (CL Closed Stacks) United Kingdom Parliament: House of Lords Print: Online: 1995- *J301 H2L (CL Closed Stacks) *Refer to LINC for exact location in library

64 UK Legislation Online access -

65 Secondary Sources

66 Secondary Sources Textbooks, casebooks etc. Legal encyclopaedias
Legal periodicals Research literature. E.g. Theses Reference works. E.g. Dictionaries, directories, bibliographies, digests, citators, indexes etc.

67 III. Secondary Sources Secondary sources of law: e.g. journal articles
Goh, Yihan. “The case for departing from the exclusionary rule against prior negotiations in the interpretation of contracts in Singapore” (2013) 25:1 SAcLJ 182. Campbell, David. “Good Faith and the Ubiquity of the ‘Relational’ Contract” (2014) 77:3 Mod Law Rev 475.

68 Legal Periodicals Search by journal name in the library catalogue.
For E.g. Singapore Academy of Law journal

69 Textbooks Search by title, author or by keywords to find books through
library Catalogue For E.g. Contract law in Singapore / Andrew B.L. Phang, Goh Yihan.

70 Law subject guides

71 If you have any queries please contact us
Thank you If you have any queries please contact us


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