CML 1101: Principles of Legal Research (2010-11) Introduction to legal research

1. CML 1101: Principles of Legal Research (2010-11)Introduction to legal research C. Addison, A. Fleichman, M.-A. Sheppard, J. Lavigne Brian Dickson Law Library : CML 1101, 2010-11

2. Outline • review of syllabus and introduction to the course structure • the basics of legal research • categories of law (substantive / procedural / evidentiary) • primary vs. secondary sources of law • paper vs. computerized sources of law • overview of sources in law • general strategies for researching legal questions • registration for online research services

3. Review of syllabus • Contact information • Course materials • Evaluation • Rules for the completion of assignments • Weekly outline • division of students into Tutorial A and Tutorial B

4. Virtual Campus

5. Virtual Campus

6. Why this course is important • Research is fundamental to a lawyer’s work • But, more immediately… • More opportunities for work/credit as a student: • Ottawa Law Review • Law & Technology Journal • Canadian Internet Policy and Public Interest Clinic • Internships • Pro bono • Legal aid clinic • Dean’s Legal Research and Writing Fellowship

7. Other reasons this course is important? • efficient research = efficient use of client $$$ • credibility (professional and personal) • professional liability

8. Meet the Rules! • Rules of Professional Conduct • Rule 2: Relationship to Clients • “competent lawyer”

9. The legal research process

10. The basics of legal research • Identify issues based on a fact pattern or problem; • Identify the appropriate research tools, both in print and online, and know how to use them; • Read and understand the sources to which your research has led; and, • Apply the law to the fact pattern or problem. For more information, consult: Thurgood Marshall Law Library Guide to Legal Research – 2009 – 2010, online: http://www.law.umaryland.edu/marshall/researchguides/TMLLguide/chapter1.pdf.

11. Some examples • Typical law school problems tend to be fairly academic in nature: • When do security liens under the Personal Property Security Act apply to chattels? • What remedies are available following a tort in negligence? • Is a contract drafted on a paper napkin enforceable? • What is the “thin skull” rule and when does it apply?

12. Some more examples • In legal practice, legal problems are often more “hands-on”: • What is the official name of a person or company your law firm is trying to sue, and in what jurisdiction are they located? • Is there an execution against the vendor of real property that your client is purchasing? • How can you arrange for an expert witness to testify at trial about quantification of damages?

13. Categories of law Private law Substantive law Public law Procedural law Evidentiary law

14. Substantive law • Legal rights and obligations; legal rights may be enforced by way of legal proceedings, to which substantive law sets out the defences • ex.: What are the elements of the tort of assault? What are the applicable defences? • Subdivided into public and private law • Public law governs the relationship between persons and the state • Private law governs the relationship between persons Definitions: Margaret Kerr, JoAnn Kurtz & Arlene Blatt, Legal research: step by step, 3d ed. (Toronto: Emond Montgomery, 2010) at 5.

15. Procedural law • Sets out the procedure that a party must follow to enforce his or her rights in a court proceeding or to defend a proceeding • ex.: What steps must be taken to pursue an action in tort? What documents must be filed to start the action? How long can you wait before filing with the court? When must the defence be filed? Definition: Margaret Kerr, JoAnn Kurtz & Arlene Blatt, Legal research: step by step, 3d ed. (Toronto: Emond Montgomery, 2010) at 5.

16. Evidentiary law • Sets out the manner in which facts are proved in a trial or a proceeding • ex.: What kinds of questions may you ask a witness at trial? Who may appear as a witness at trial? What may or may not be taken into consideration by a judge? Definition: Margaret Kerr, JoAnn Kurtz & Arlene Blatt, Legal research: step by step, 3d ed. (Toronto: Emond Montgomery, 2010) at 5.

17. Sources of law • 3 main sources of Canadian law: • statutes (laws) passed by federal Parliament or provincial legislature • regulations made at either the federal or provincial government level • decisions made by judges (case law) Primary sources

18. But wait! There’s more… • Secondary sources provide interpretations of case law and/or legislation • textbooks, reports, government documents, articles, etc. • A vast array of finding tools will help you locate these primary and secondary sources • Library catalogue, periodical indexes, search engines, legal gateways/portals, case digests

19. Paper vs. electronic research

20. Paper vs. electronic research • Use paper sources to find general statements of the law. (Or an electronic version of a book.) • Use electronic sources to find and update statutes and regulations, as well as to update cases. • Use both paper and electronic sources to find additional cases or to locate the text of the case once you have a citation.

21. The Four C’s of good legal research orrect omprehensive redible ost-effective Source: Christina Kunz et al.,The Process of Legal Research, 6th ed., (New York: Aspen Publishers, 2004) at 6.

22. When can I stop researching? • When you have used a variety of appropriate sources • When you are finding the same authorities over and over again • When cost exceeds benefit, i.e. you run out of time

23. Homework for tutorial • Exercise: • Read the case that is assigned to you and be prepared to give a 1-minute synopsis on what the judge says about the importance of legal research and a counsel’s duty to his or her client and the administration of justice (i.e. ignore any substantive law issues) • Lougheed Enterprises Ltd v Armbruster (1992), 63 BCLR (2d) 316 (CA). • World Wide Treasure Adventures Inc v Trivia Games Inc (1987), 16 BCLR 135 (Sup Ct).

24. Homework for tutorial • Read Modules 1 and 2 in Virtual Campus and complete any associated quizzes in the modules • 1: The Research Process • 2: Using Keywords & Boolean Operators • Read McGill Guide, Part 1: General Rules • Be prepared to discuss and ask any questions of your TA

25. Homework for tutorial • Connect your laptop to the wireless network and set up printing • http://www.ccs.uottawa.ca/connect/wireless/support.html and http://www.biblio.uottawa.ca/content-page.php?g=en&s=ftx&c=faq-sansfil-print • Register for LexisNexis/Quicklaw • Choose “Login” at http://www.lexisnexis.ca/lawschools/lawschools.php, then “Register Now”, then follow instructions • You MUST register from one of the library computers! • Register for Westlaw Canada • Use the address on the card given to you in class, and follow the instructions (can do this from any computer) • Problems? Want more information? Mary Régimbald and Julie Lavigne willhold drop-in sessions in the small computer lab (FTX 419A) duringregularly-scheduled tutorial times in September. Go the weekyou are not in your tutorial if youneed help!