Legal Research skills & MLA METHODOLOGY

1. Legal Research skills &MLA METHODOLOGY Dr.T.S.N.Sastry Prof & Head Dept of Law; UOP Lecture delivered on 23.11.2009

2. Introduction • There are a number of patterns are there in undertaking the research skills. But the research aptitude and the techniques to be used play a very important role. In the contemporary era, since legal research is becoming more systematized than yester years. This is because of the inter disciplinary approach that is playing an important role and the impact of science & technology.

3. Sources of Law • Legislation: Legislations passed by the government play a vital role in analysing the policy perspectives through socio, scientific, cultural perspectives which are vital in legal research. • Legislation is different types. Domestic Legislation; Community Legislation or regional Legislation and International Legislation

4. Domestic Legislation • Statue Law which is passed by the Parliament containing the policy formulations of the Government. • States of Legislation: • Public Bills: Introduced by the Government as part of its programme of legislation. Though it is often considered that they reflect the manifesto of the parties, they may arise from Government Depts; Advisory Committees; Political reaction to unforeseen events of public concern; or by judicial decisions.

5. Domestic Legislation • Private Bills: They are introduced for the benefit of a particular individuals, groups of people, institution, or a particular locality. They normally deal with a particular subject. They are rare. • Hybrid Bills: According to Hylton-Foster, the speaker of the House of commons A Bill which affects a particular private interest in a manner different from the private interest of other persons or bodies in the same category or class. Bills which propose works of national importance that only affect a local area are generally Hybrid Bills.

6. Domestic Legislation • Private Members’ Bill: • Private Bills are bills introduced by the Members of the house. This bills are not private bills. • Consolidating and Codifying Statues: Which re-enacts particular legal subject matter which was previously contained in several different statutes. Consolidation does not change the law.

7. Domestic Legislation • According to Lord Simon in Farrell V Alexander (1977) AC 59 (HL) All consolidation Acts are designed to bring together in a more convenient, lucid and economical form a number of enactments related in subject-matter (which were ) previously scattered over the statue book. • Apart from the above there are various stages in making the legal process such as white papers and green papers .

8. Domestic Legislation • White papers are issued by the government proposals on topic • Green papers are issued less frequently. They are introductory high-level government reports on a particular area put forward a tentative proposals for discussion without any guarantee of legislative action. • Delegated and Subordinate legislation

9. community Legislation • Community legislation is nothing but the Covenants and Documents and conventions adopted by the Community of States at the Regional Level. • European Legislation made by the Council of the European Union and the European Parliament and the jurisprudence of the Court of justice of the European communities.

10. Applicability of European Law • It is directly applicable if it automatically becomes part of the law of a Member State without the need for the Member State to enact any further legislation. • It directly effective creates rights upon which individuals may rely in their national courts and which are enforceable by those courts. • Vertical direct effect if it can be enforced against a Member State in its own courts.

11. Applicability of European Law • Horizontal Direct effect if it can be enforced against another individual in the courts of a Member State. • Supremacy of European Law: In Van Gend en Loos V Nederlandse Administrative De Belastigen (1963) ECR 1 (ECJ) According to European Court of Justice “ the Community constitutes new legal order.. For whose benefit the states have limited their sovereign right.” The Community Law prevails over the domestic law.

12. International Legislation • International Legislation is evolved from the Covenants, Conventions, Treaties, Process verbal, Declarations, and the Judgments of the ICJ, ICC and other International Commissions; International Institutions. Though it is a soft law, to a great extent especially in economic relations states are willing to amend their legislations in tune with their international obligations.

13. Finding European Legislation • The European Legislation is found from the Official Journal of the European which is published daily running into thousands of pages per year. • Parts of the Official Journal: L Series which contains the all enacted legislation. • C Series contains three parts. • Part I contains information from the commission, Court of Justice, EU Parliament

14. Finding European Legislation • Part II contains text of the Proposed EC Legislation • Part III contains notices of invitation to tender for contract s and staff vacancies • S Series is supplemental which publishes the contracts which are open to competitive tender • Annex contains full text transcripts of debates in the EU Parliament

15. Finding European Legislation • S Series and Annexes are electronically at http://ted.eur.op.eu.int • Debates of the Parliament are • http://www.europarl.europa.eu • The Official Journal can be cited as : • Series and Issue Number/Date of Issue/page number OJL73/26.3.93/p12 or • 1993/OJ L73/12

16. Finding European Legislation • The main Website http://www.europa.eu which contains 1.5 miillion pages and links to ruopean legal portal • EUR-Lex • http://eur-lex.europa.eu/en/index.htm • CELEX is the official multilingual legal database which is connected to europa • Lexis Nexis , Lawtel and Westlaw are the other sites

17. Citation of European Cases • C-295/95 Farrell V Long (19197) ECR1-1683 The case is 295th case reported of ECJ(serial number prefixed by C and the report appears in Part I of the ECR in 1995. • CT-119/89 Tellesonie re VComission (1990)ECR II-7 French Tribunal

18. Lecturing Skills • The Lecture methods is a very old pattern. However, many inputs makes it interesting. • Structure of teaching. Large group teaching is called Lectures • Small groups discussion is referred to as tutorials or seminars. • General Lecture methods, the teacher delivers the Lecture on a particular topic with a time frame and with limitations of the syllabi.

19. Lecturing Skills • In lecturing if the Lecture is not skillfully structured it makes boring. It is better to impart materials than that are usually available in the text books. This may avoid the stereo type teaching. This difficult but need to be practiced with examples. • Interactive teaching is involving the students with pre preparation of the lecture to be delivered and initiating discussion.

20. Teaching Methods • Clinical Legal Teaching: Clinical legal education is inherently a cross-cutting theme. If carried out with pedagogical integrity, it deepens the quality of education, and helps lay a foundation for law students to carry with them throughout their careers a greater sense of professional commitment to public service.

21. Teaching Skills • At the same time, legal clinics often provide needed services to the larger community beyond the classroom on a range of legal issues. Ultimately, clinics immerse the legal academy—both students and teachers—in the world as actors, not merely observers.

22. Teaching Skills • Clinical legal education is defined in many different ways throughout the world. Clinics can be based in law school facilities or they may function as externships, in which students work in a law office under the supervision of a practicing attorney, either with or without law school credit for that work. If undertaken within a law school, a clinical program may be based in real or hypothetical cases.

23. Teaching Skills • Simulations and other role-plays often form the basis for clinical courses, exposing students to legal practice in a controlled environment. In some clinics, the students do not engage in direct client representation, but may provide other services in the community. • One popular model of legal clinic, often referred to as “street law”, offers education on law and rights to students or particular vulnerable groups or in general of the issues relating to the rights of the citizens or various group rights.

24. Teaching Skills • Other clinics provide transactional legal services in the sale of land, the writing of wills, or the creation of a small business or non-profit NGO. • The goals of clinical legal education, as supported by the Justice Initiative, are the following: • First, clinics provide a unique and structured educational opportunity for students to observe or experience actual or simulated client representation, and to extract appropriate skills, values and ethics from that experience.

25. Teaching Skills • Second, in some contexts, clinics provide an important supplement (not a replacement) for the provision of needed legal services to persons who would otherwise not have access to the legal system. •  Third, some clinics offer students the opportunity to experience first-hand the rewards of working in the public interest, and build on that spirit as a base for the creation of a responsible legal profession.

26. Teaching Skills • Fourth, the use of experiential teaching methods animates students to perform and engage with the law in ways that theoretical lectures or readings often cannot. •  Fifth, clinical professors make important contributions to the development of scholarship on skills and theories of legal practice, improving links between the bar and the academy.

27. Teaching Skills • Last, clinics seek to strengthen civil society itself, through nurturing of the professional responsibility of lawyers and the provision of legal services to underserved and vulnerable populations. • Technology based Teaching: In the virtual era to make interest of Law teaching the class rooms be digitalized and web based techniques need to be imparted.

28. MLA METHODOLOOGY • The Modern Language Association (MLA) Style is widely used for identifying research sources. In MLA style you briefly credit sources with parenthetical citations in the text of your paper, and give the complete description of each source in your Works Cited list. • The Works Cited list, or Bibliography, is a list of all the sources used in your paper, arranged alphabetically by author's last name, or when there is no author, by the first word of the title (except A, An or The)

29. MLA METHODOLOOGY • Books: • Author. Title of Book. City of Publication: Publisher, Year • This is the basic format for a Works Cited entry. • Take the title from the title page, not the cover. • The author's name should be written Last Name, First Name

30. MLA METHODOLOOGY • One Author : SuryanarayanaSastry.Tamma. The Law of State Succession in Indian Context. New Delhi: Dominant, 2006 Editor or Compiler: • If the person named on the title page is the editor or compiler, rather than the author, add a comma then the abbreviation "ed." or "comp." • Carpenter, Allan, comp. Facts About the Cities. New York: Wilson, 1992. • Kreider, Jan F., ed. Handbook of Heating, Ventilation, and Air Conditioning. Boca Raton: CRC, 1993.

31. MLA METHODOLOOGY • Two or More Authors: • List the names in the order they appear on the title page. • Only the first author's name should be reversed: Last Name, First Name. • Use a comma between the authors' names. Place a period after the last author's name. • Rowe, Richard, and Larry Jeffus. The Essential Welder: Gas Metal Arc Welding Classroom Manual. Albany: Delmar, 2000.

32. MLA METHODOLOOGY • If there are more than three authors, name only the first and add et al., or give all the names. Randall, John E., Gerald R. Allen, and Roger C. Steene. Fishes of the Great Barrier Reef and Coral Sea. Honolulu: U of Hawaii P, 1997. • If the persons named on the title page are editors or compilers, add a comma after the final name, then the abbreviation "eds." or "comps." • Clute, John, and Peter Nicholls, eds. The Encyclopedia of Science Fiction. New York: St. Martin's, 1993

33. MLA METHODOLOOGY • Two or More Works by the Same Authors • When citing two or more sources by the same author, give the name in the first entry only. For the next entries, type three hyphens, add a period, and skip a space (---. ) then give the title. The three hyphens stand for the name(s) in the preceding entry. • Scott, Susan. Exploring Hanauma Bay. Honolulu: U of Hawaii P, 1993.---. Plants and Animals of Hawaii. Honolulu: Bess Press, 1991.

34. MLA METHODOLOOGY • Second or Other Edition :Author. Title of Book. Edition. City of Publication: Publisher, Year. • If an edition is given, specify it by number (2nd ed.), name (Rev. ed.), or year (2004 ed.). • Castro, Peter, and Michael E. Huber. Marine Biology. 4th ed. Boston: McGraw-Hill, 2003.

35. MLA METHODOLOOGY • Corporate Author : Cite a book by corporate author when a group — such as an organization or association — rather than individual persons, is the author • College of Tropical Agriculture and Human Resources, University of Hawaii at Manoa. Growing Plants forHawaiian Lei and the Legal Effects. Honolulu: Coll. of Tropical Agriculture and Human Resources, Univ. of Hawaii at Manoa, 2002

36. MLA METHODOLOOGY • Government Agency as Author: Give the name of the government first, then the name of the agency • Hawaii. Office of the Auditor. Follow-up Audit of the Child Protective Services System. Honolulu: State of Hawaii, 2003. • ESSAY, POEM, or SHORT STORY in an ANTHOLOGY • Author of Story. "Title of Story." Title of Book. Name of Editor. Edition (if given). City of Publication: Publisher, Year. Page numbers.

37. MLA METHODOLOOGY • ENCYCLOPEDIAS and REFERENCE BOOK: • Author of Article (if given). "Article Title." Title of Book. City of Publication: Publisher, Year. • When citing familiar reference books, especially those that often appear in new editions, full publication information is not necessary. • Give the edition (if available) and the year of publication. • If articles are arranged alphabetically, volume and page numbers are not necessary. • Lesko, Leonard H. "Pyramids." The World Book Encyclopedia. 2001

38. MLA METHODOLOOGY • When citing less familiar reference books, give full publication information. Give the number of volumes for multi-volume sets. • Fagan, Jeffrey. "Gangs and Drugs." Encyclopedia of Drugs, Alcohol and Addictive Behavior. Ed. Rosalyn Carson DeWitt. 2nd ed. 4 vols. New York: Macmillan, 2001.

39. MLA METHODOLOOGY • MAGAZINE ARTICLES: Author. "Title of Article." Title of Magazine, Date: Page(s) • Abbreviate the months (except May, June, July). Give complete dates for magazines issued every week or every two weeks, written in this order: Day Month Year, e.g., 15 Jan. 2000 If the article is on consecutive pages, specify the page numbers of the entire article, e.g. 16-20. • Give just the last two digits of the second number, when possible, e.g. 188-89, but 196-200 If the article is not on consecutive pages — if, for example, it begins on page 27, then skips to page 30, and continues on page 32 — • write only the first page number, followed by a plus sign: 27+. Do not give volume and issue numbers for magazine article

40. MLA METHODOLOOGY • No Author Given :If no author's name is given, begin with the title of the article • "Qantas Looks to Airbus for Long-Range Aircraft." Aviation Week and Space Technology 5 Apr. 2004: 22. • SCHOLARLY JOURNAL ARTICLES:Journal with Continuous Pagination Through the Volume • Author. "Title of Article." Title of Journal Volume number (Year): Page(s).

41. MLA METHODOLOOGY • Journal with Issues Paged Separately: • Author. "Title of Article." Title of Journal Volume number. Issue number (Year): Page(s). • Give both the volume and issue numbers, separated by a period. e.g. volume 12, no. 8 = 12.8 • Murphy, Karen L., Roseanne DePasquale, and Erin McNamara. "Meaningful Connections: Using Technology in Primary Classrooms." Young Children 58.6 (2003): 12-18.

42. MLA METHODOLOOGY • NEWSPAPER ARTICLES • Author. "Title of Article." Name of Newspaper Date, edition: Page(s) • Take the name of the newspaper from the masthead, but omit any introductory article: Honolulu Advertiser, not The Honolulu Advertiser. • If the city of publication is not part of the newspaper's name, add it in square brackets: News and Observer [Raleigh, NC] • .

43. MLA METHODOLOOGY • Give the complete date, but not the volume and issue numbers. • Specify the edition of the newspaper, if one is given on the masthead. • If the article is not on consecutive pages, write the first page number and a plus sign: B1+. • Daranciang, Nelson. "Sex Offender Web Site Debated." Honolulu Star-Bulletin 8 Apr. 2004, night final ed.: A3

44. MLA METHODOLOOGY • LIBRARY SUBSC RIPTION SERVICES • Pune University subscribes to a number of online journals which need to be noted • Works Cited entries for these articles should include information about the original print publication (see above), and information about the online subscription service.

45. MLA METHODOLOOGY • Literature Resource Center (from Gale Group) • Author. "Title of Article." Title of Source, edition (if given). Year. Literature Resource Center. Gale Group Databases. Honolulu Community Coll. Lib., HI. Date of Access <http://infotrac.galegroup.com/itweb/hawaii_honolulu>.Domina, L. M. "An Overview of A Raisin in the Sun." Drama for Students. 1997. Literature Resource Center. Gale Group Databases. Honolulu Community Coll. Lib., HI.8May2004 <http://infotrac.galegroup.com/itweb/hawaii_honolulu>.

46. MLA METHODOLOOGY • WEB SITES Complete publication information may not be available for a Web site; provide what is given. • Title of the Site. Editor. Date and/or Version Number. Name of Sponsoring Institution. Date of Access <URL>. • Encyclopedia Mythica. 2004. 13 May 2004 <http://www.pantheon.org/>.

47. MLA METHODOLOOGY • Document from a Web Site Author. "Title of Web Page." Title of the Site. Editor. Date and/or Version Number. Name of Sponsoring Institution. Date of Access <URL>. • Sherman, Chris. "Everything You Ever Wanted to Know About URL." Search Engine Watch. Ed. Danny Sullivan. 24 Aug. 2004. 4 Sept. 2004 <http://searchenginewatch.com/searchday/article.php/3398511>.

48. MLA METHODOLOOGY • ARTICLES IN ONLINE PERIODICALS • Author. "Title of Article." Title of Publication Date: Page(s) or Section(s), if numbered. Date of Access <URL>. • Gima, Craig. "Whale's Body Found Near Hanalei Bay." Honolulu Star-Bulletin.com 6 July 2004. 4 Sept. 2004 <http://starbulletin.com/2004/07/06/news/story1.html>.

49. MLA METHODOLOOGY • VIDEORECO Recordings :Title. Director, Producer, and/or Writer. Medium. Distributor, Year. • Monet: Legacy of Light. Writ., dir, and prod. Michael Gill. Videocassette. Home Vision, 1989. • TELEVISION PROGRAMS : Title of Episode or Segment." Title of Program or Series. Credit (Performer, writer, etc). Name of Network. Call Letters (if any), City of Local Station (if any). Broadcast Date.

50. MLA METHODOLOOGY • INTERVIEWS: • Interview Conducted by the Researcher • Person Interviewed. Type of Interview (personal, telephone, email, etc.). Date. • Nakamura, Michael. Personal interview. 23 July 2004. • Broadcast Interview: Add information for the television or radio broadcast: Clinton, Bill. Interview with Larry King. Larry King Live. CNN. 24 June 2004.