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Research Refresher

Learn how to approach legal research strategically by leveraging editorial enhancements and secondary sources effectively. Explore practical tips and steps to enhance your research process.

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Research Refresher

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  1. Research Refresher March 19, 2013 Catherine Cotter

  2. Approach your topic / issue / question / task strategically – not as how to use a particular product.

  3. Leverage the effectiveness of editorial enhancements!

  4. Can we register a builders’ lien against a building partially owned by the federal government? • Draft the builders’ lien.

  5. Can we register a builders’ lien against a building partially owned by the federal government? • Draft the builders’ lien – Use a form or precedent (handout available)

  6. Can we register a builders’ lien against a building partially owned by the federal government? What do you do? • Draft the builders’ lien.

  7. Strategy: Think about the question Plan your research Choose your sources

  8. The legal research process starts very early – before you actually sit down to do the research • Five steps (FILAC): • analyze the facts • determine the legal issues • find the relevant law • analyze the law and apply it to the facts • communicate the results of your research & analysis From: Maureen Fitzgerald, Legal Problem Solving: Reasoning, Research and Writing, 4th ed (Markham: LexisNexis, 2010), chapter 1.

  9. Once you’ve spent a bit of time thinking about the issue and developing a plan, how should you start your research? Where do you begin? By using secondary sources!

  10. Two types of secondary sources: • Those that explain the law • Those that help you find the law

  11. Example types of secondary sources to help you understand the law: • Encyclopedias • Loose-leafs • Books (beware of casebooks) – look at the bibliography in The Practical Guide to Canadian Legal Research • Annotated statutes (if any) • CLE materials (often overlooked) – for example: http://www.lawsociety.mb.ca/ • Bar ad materials (often overlooked) • Dictionaries/Words & Phrases

  12. Journals • Law Reform Commission materials (often overlooked) • Newspapers, magazines, & newsletters • Conference papers • Law blogs • Law firm websites • Etc.

  13. Example sources to help you find the law • Canadian Abridgment • Canada Digest (within QL) • Maritime Law Book key number system • Law Reporter Indexes • Other specialty digests/indexes

  14. Remember – you have to read the legislation /cases the authors have referenced! So find them and read them. Then start searching for legislation/cases yourself. Author will never reference everything. Note up all legislation/cases to find other legislation/cases and find out their history!! VERY IMPORTANT!!

  15. When using QL or WC: • Always remember – the costs you rack up searching in these systems OFTEN get passed on to your client!! This will be on top of the time you are billed out at. • These systems are EXPENSIVE - $$$$$$!!

  16. LexisNexis Quicklaw cost saving tips: • The homepage is the least expensive way to get a document or information. • Browsing – much more cost effective than searching. • Whenever you click on a blue hyperlink, a cost will be incurred.

  17. LexisNexis Quicklaw cost saving tips con’t: • Start with a broad search then use ‘Narrow Search’ to refine it. • If you conduct a search and get no results, that results in a cost. So watch your spelling! • Use the History component of QL

  18. LexisNexis Quicklaw useful tips: • Study the Source Directory • Use document segments • Use ‘My Bookshelf’ for sources you use frequently • Don’t print out each document separately • View your results by keywords or terms in context

  19. Westlaw Canada cost saving tips: • The homepage ‘Find/Keycite’ search is the least expensive way to a document. • Limit using the “All __Source Content’ search – these searches are extremely expensive. • Browsing is much less costly than searching.

  20. Westlaw Canada cost saving tips con’t: • Start with a broad search then use ‘Locate in Result’ to refine it. • You can run a search from your Research Trail up to 2am for no extra cost. • If you conduct a search and get no results, that results in a cost. So watch your spelling!

  21. Westlaw Canada useful tips: • Get used to using the directory to find sources. • Beware – they do not house regulations for all statutes. • Boolean searching is more dynamic than the search template WC provides. Use natural language searching as a last resort. • Use their concordances and thesaurus

  22. Research Refresher Input my chart.

  23. A space in Quicklaw means a different thing in Westlaw. Compare the ‘Phrase’ example in QL with the ‘Or’ example in WC Input my chart.

  24. Statutory Research • To find older versions of statutes, you will likely have to use print products. • CanLII, QL (only the bigger jurisdictions), Department of Justice, Ontario’s e-Laws, etc. allow you to look at an act as it appeared on a certain date in the past, but only for the last few years.

  25. Statutory Research: Two things you may need to do: • Find an act as it was first passed and printed in the annual volumes. • Find what an act looked like at a certain point in time.

  26. First thing you should do when you start working (in terms of legal research): • Check out your firm’s library and resources. • Know where the local law library is – academic or law society or courthouse library. • Learn about the free resources to which you have access online.

  27. Ask what portion of your research costs will be passed on to the client. • Pool your resources with your fellow articling students. • Join the local public library. • Read newspapers and blogs!

  28. TIPS • Always ask to see the file • Take a notepad and pen (or iPad) everywhere • Have your checklist/research plan close at hand and have several copies available • Know how to conduct legislative research • Check out academic law library & law society library websites (for example: http://www.courthouselibrary.ca/training/links.aspx). • Check out various law-related apps that may be helpful; eg: WiseLII - http://www.wiselaw.net/wiselii.html

  29. Finally: • DON’T BE AFRAID TO ASK QUESTIONS!!!

  30. Websites • Blogs and tweets: • www.slaw.ca • www.thecourt.ca • www.lawtweet.ca • www.lawblogs.ca • http://micheladrien.blogspot.ca/ • Law Reform: • www.worldlii.org/int/special/lawreform • www.bcli.org/search/law-reform • Searching law firm websites (and more): • www.feefiefoefirm.com/ca • http://tinyurl.com/canadianlawfirms (appears that you now have to sign in)

  31. Websites • Other helpful sites: • http://rc.lsuc.on.ca/library/research_periodicals_practice.htm • www.legaltree.ca • http://legalresearch.org • www.courthouselibrary.ca/training/AskedAndAnswered.aspx • http://www.courthouselibrary.ca/training/videos.aspx • http://fli.canadalawbook.ca • http://www.legalresearchandwriting.ca/index.htm(includes the custom Google search engine mentioned in last slide – the tinyurl reference) • http://scholar.google.ca/(click radio button to search legal documents – is mostly American, though)

  32. Websites • Other helpful sites continued: • http://eco.canadiana.ca/?usrlang=enEarly Canadiana Online (has historical legislation and cases from some jurisdictions; may have other documents such as Hansards) • http://archive.org/index.php- Internet Archive (has some legislation & cases; may have other law-related documents. Also has the WaybackMachine so one can look at an older version of a website) • http://www.aplic-abpac.ca/aplic_home.htmlGALLOP (provides access to over 320,000 provincial, territorial, & federal government publications and legislative materials dating back to 1995) • http://www.ssrn.com/lsn/index.html(access to free journal articles/working papers; some will have a cost but many are free) • www.parl.gc.ca(can search & trace federal bills & access Hansards) • www.mlb.nb.ca(a cost efficient way to access cases; even if your firm does not subscribe, they offer a free version – Raw Law)

  33. Websites • US and Foreign law: • www.law.justia.com - US • www.findlaw.com/casecode - US • www.lexisnexis.com/community/portal/content/lexisonelandingpage.aspx - US • www.law.cornell.edu - US • www.commonlii.org - laws from commonwealth countries, including the English Reports • www.worldlii.org – most countries listed here • www.nyulawglobal.org/Globalex • http://www.un.org/depts/dhl/index.html - UN library • http://www.legislation.gov.uk/browse - UK legislation • http://scholar.google.ca/ (click radio button to search legal documents – is mostly American)

  34. Links to Handouts Available on Law Library Website: • Determining Authoritativeness of Websites • Legal Writing Resources at the UNB Law Library • Forms and Precedents • Westlaw Canada Search Tips • LexisNexis Quicklaw Search Tips • Tracing a Statute Historically Using Print Products • Boolean, Proximity, and Frequency Operators

  35. Where you can find this PowerPoint: • http://www2.unb.ca/lawlibrary/documents/ResearchRefresher2013PPdartforwebsite.ppt

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