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Using Online Databases to Locate Judicial Decisions by Annette Demers BA LLB MLIS Judicial Decisions.

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Presentation on theme: "Using Online Databases to Locate Judicial Decisions by Annette Demers BA LLB MLIS Judicial Decisions."— Presentation transcript:

1 Using Online Databases to Locate Judicial Decisions by Annette Demers BA LLB MLIS Judicial Decisions

2 Content Judicial Decisions Use CanLii to find this source: Immigration and Refugee Board of Canada, Refugee Appeal Division

3 Content Judicial Decisions Now use Quicklaw to find it: Immigration and Refugee Board of Canada, Refugee Appeal Division

4 Content Judicial Decisions Quicklaw COVERAGE: From December 15, 2012 through current Canada Immigration and Refugee Board, Refugee Appeal Division Decisions

5 Content Judicial Decisions CanLII Continuous coverage from 2004 forward. Immigration and Refugee Board of Canada

6 Searching Judicial Decisions As a student in a firm, you’ll get two main questions: 1.Bring me a copy of this case. 2.Find cases on this topic.

7 Field Searching Judicial Decisions Use CanLii to find: [1993] 1 SCR 462

8 Field Searching Judicial Decisions Use Quicklaw to find: [1993] 1 SCR 462

9 Field Searching Judicial Decisions Use Quicklaw to find a copy of the Ruffolo case. It was heard before the Ontario Human Rights Tribunal in 2009.

10 Are there any cases where the Chinese cultural custom of filial piety was considered in an award for damages for personal injury? Unique Terms Judicial Decisions

11 Key Legal Issues The client has complained that she was denied a job due to racism. Judicial Decisions

12 Key Legal Issues The client has complained of discrimination on the basis of race in an application for employment. Judicial Decisions

13 Synonyms accomplice accessory co-conspirator abettor Judicial Decisions

14 Truncation conspir! conspire conspired conspiring conspiracy Judicial Decisions

15 Algorithm QL Judicial Decisions

16 Is the exception to the hearsay rule, known as the co-conspirators' exception, also known as the “Carter rule”, still good law? Locate the Supreme Court case which answers this question. Try it! Judicial Decisions

17 “co-conspirators' exception” or “Carter rule” Try it! Judicial Decisions

18 Precedent “Literally “to stand by things decided,” stare decisis is a rule that requires judges to follow or obey the rulings of other judges higher in the judicial hierarchy and is similar to the concept of a binding judicial precedent. When the facts in Case A are similar to Case B, the judge in Case B must follow the ruling in Case A if the judge in Case A is from a higher court in the same jurisdiction.” Tjaden, Legal Research and Writing, (3 rd ed) (Irwin Law, 2010). Judicial Decisions

19 Note Up In order to understand whether the outcome of a particular case is still good law, we must understand: 1.History of the case. Was the decision upheld on appeal? 2.Cases that have cited the case. Was the decision upheld in later decisions by higher levels of court, or was the decision overturned or modified in some way? Judicial Decisions

20 Note Up Our Online databases provide electronic tools which help users to see: 1. History of case 2. Cases that have cited other cases (judicial consideration). Judicial Decisions

21 Algorithm I need you to find any cases that deal with the constitutionality of detaining foreign nationals under a security certificate. I would like to see in particular the case that came down in 2006. Judicial Decisions

22 Algorithm constitutional! /s detain! and “security certificate” 2006 Judicial Decisions

23 THANK YOU! Annette Demers ademers@uwindsor.ca http://www.uwindsor.ca/law/library Judicial Decisions


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