Principles of Legal Research Fall 2008 Week 2: September 15-19

1. Principles of Legal ResearchFall 2008Week 2: September 15-19 Julie Lavigne, Law Librarian Brian Dickson Law Library

2. Outline • Brian Dickson Law Library website • catalogue • The legal research process • How legal research differs from research in other contexts • Paper vs. electronic: advantages / disadvantages • Categories of legal research materials • Deciphering abbreviations

3. “Research is formalized curiosity. It is poking and prying with a purpose.” Zora Heale Hurston, Dust Tracks on a Road (1942)

4. Brian Dickson Law Library • A quick tour • Focus on the catalogue

5. The legal research process • Usually not fast or easy • Takes careful planning, persistence and patience • Requires big picture and detailed approaches • Your approach will differ depending on the TYPE of legal research question

6. Importance of legal research • Rules of Professional Conduct • Rule 2: Relationship to Clients • “competent lawyer”

7. Attributes of good of legal research • Four Cs: • Correct • Comprehensive • Credible • Cost-effective

8. Cases where (lack of) legal research discussed 1. Lougheed Enterprises Ltd. v. Armbruster (1992), 63 B.C.L.R. (2nd) 316 (C.A.). 2. World Wide Treasure Adventures Inc. v. Trivia Games Inc. (1987), 16 B.C.L.R. 135 (C.S.). 3. Gibb v. Jiwan [1996] O.J. No.1370 (Sup. Ct. of Justice – Gen. Div.)‏

9. Categories of legal research materials • Primary authority • presents information in its original form • judicial or administrative decision • enacted legislation (statutes, regulations, codes) • Secondary authority • an interpretation of case law and/or legislation • encyclopedias, periodicals, case comments, textbooks • Finding tools • Library catalogue, periodical indexes, search engines, case digests

10. Legal research differs from other types of research… • Awareness of legal material & relationships between these materials • How does the source apply to the subject matter? • Need multiple sources and different techniques for each source • Comprehensive primary authority research • Is the law you found up-to-date?

11. Paper vs. electronic research • Advantages & disadvantages – your thoughts? • Why you’ll need both • When to use each method

12. Principles of Effective Legal Research • Develop a research plan before using either print or online sources. • Select the source that most comprehensively covers your subject matter. • Start with print materials if you just need an overview.

13. Principles of Effective Legal Research (cont’d) • Start with a print item OR a highly structured online search when issue involves common / ambiguous terms. • Begin with print material when problem concerns broad concepts. • Use hard copy sources first when trying to locate legislation on a subject.

14. Principles of Effective Legal Research (cont’d) • Use online searching for unusual or unique terms. • Use online searching if your research involves proper names of individuals, products or corporations. • If a search online for a quick answer becomes unproductive, try manual research techniques next.

15. Principles of Effective Legal Research (cont’d) • Use hard copy sources to locate analogous information on a point of law. • Consult the “experts” about your research strategy.

16. Legal research process • Steps to follow • But is it necessarily a linear process?

17. “FILAC” Approach • Facts • Issues • Law • Analysis/Application of law to facts • Communication Identify relevant issues to be researched. These arise from the facts, usually stated in the form of legal questions that the client needs answered. Correctly identify the relevant facts – sometimes obvious, sometimes not But what if I don’t know enough about the subject at hand? • Find the relevant law. • Use secondary sources – broad overview. • Narrow in on primary sources. Apply the relevant law to the facts to analyze the way a judge would decide the matter given the same set of facts. Communicate results of the research problem – be clear, accurate, concise.

18. When can I stop researching? • When you have completed the steps in the legal research model you’re using • 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

19. Summary • Legal research… • Can be done in print and/or online • Is not linear, necessarily straightforward • Requires an awareness of what primary & secondary materials are and where they can be found • Can be frustrating, tedious • Requires practice!

20. Deciphering abbreviations • Legal texts are full of ABBRs • What gets abbreviated? • Names of courts & tribunals, periodicals, yearbooks, case law reporters • McGill Cite Guide includes appendices with abbreviations • Dictionaries of legal abbreviations • Online legal abbreviation sources

21. Online legal abbreviation sources • Brian Dickson Law Library in-house binder of Law Reports & Statutes • Cardiff Index to Legal Abbreviations • Lists jurisdiction • Liste des abréviations juridiques (U de Montréal) • Includes some Quicklaw abbreviations • But ignore call numbers listed beside the titles!

22. In-class exercises • Work in groups of 2: Exercise 1 • Work individually: Exercise 2 (to hand in)