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Criminology 330: Legal Research at SFU Library

Criminology 330: Legal Research at SFU Library. Yolanda Koscielski (Burnaby) and Andrea Cameron (Surrey), Liaison Librarians for Criminology January 23 rd and 24 th , 2014 ysk6@sfu.ca amcamero@sfu.ca. Objectives:. PART 1 Key terminology & concepts Understanding a case citation

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Criminology 330: Legal Research at SFU Library

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  1. Criminology 330: Legal Research at SFU Library Yolanda Koscielski (Burnaby) and Andrea Cameron (Surrey), Liaison Librarians for Criminology January 23rd and 24th, 2014 ysk6@sfu.caamcamero@sfu.ca
  2. Objectives: PART 1 Key terminology & concepts Understanding a case citation Noting up a case Secondary legal literature PART 2 Experience searching 5 legal databases/legal treasure hunt
  3. Court Systems Note: superior and inferior court structures and names will vary between provinces. Check websites, e.g., Provincial Court of British Columbia Table adapted from: Legal Research on the Web, Winter 2012 course material, iSchool Institute, Faculty of Information, University of Toronto
  4. Levels of Court: Superior Court System Table adapted from: Legal Research on the Web, Winter 2012 course material, iSchool Institute, Faculty of Information, University of Toronto
  5. Terminology: Case Law The terms Case Law, Reasons for Decisions, Judgment (*no ‘e’!) are often used interchangeably Main content of published case law/judgments should be identical, regardless of reporter Case law/judgments available through both free and subscription sources
  6. Terminology: Case Law Significant overlapping coverage in case law cases covered in various databases Free sources (e.g. CanLii) are easily accessible Subscription sources often include: value-addedtools such as summarizing headnotes, subject classification, and research tools such as the Canadian Abridgement Digest
  7. Understanding Case Citations Style of cause = plaintiff and defendant This report can be found in the 69th volume of the Dominion Law Reports on page 433 The "2nd" tells you that the DLR has been published in multiple series; the second series was 1956-68 SCBC indicates this was a Supreme Court of British Columbia decision
  8. Understanding Case Citations Examples: LeBrun v High-Low Foods Ltd. (1968), 69 D.L.R. (2nd) 433 (S.C.B.C.) McLean v. Thompson (2009), 2009 CarswellBC 3712 (B.C. Prov. Ct.) R. v. Oakes, [1986] 1 S.C.R. 103, 26 D.L.R. (4th) 200, 65 N.R. 87(S.C.C.) Hopp v Lepp, [1980] 2 SCR 192, 112 DLR (3d) 67
  9. Understanding Case Citations Wells v. Newfoundland (1997), 156 Nfld. & P.E.I.R. 271, 483 A.P.R. 271, 5 Admin. L.R. (3d) 113, (N.L.C.A.) The same citation as seen online in LawSource: 1997 CarswellNfld 199
  10. Wells v. Newfoundland (1997), 156Nfld. & P.E.I.R.271, 483 A.P.R. 271, 5 Admin. L.R. (3d) 113, (N.L.C.A.) Case name (Appellant + Respondent) Year of decision Volume number of law report Law reporter name (Newfoundland and Prince Edward Island Reporter) Page number in law report volume Other law reporters (aka parallel citations) Series number of law report, as applicable Court the case was heard in
  11. Understanding Case Citations Canadian Guide to Uniform Legal Citation, 7th edition (2010) Also known as the McGill Guide The official source for legal citation in Canada, used by the legal community See Queen’s Legal Citation web page for more guidance on McGill style
  12. Note Up a Case Means you are researching a case to see if… it has been cited, including “followed”, in subsequent cases the decision has been overturned in a higher court The note up tools have different names, depending on the database you use Process ensures you have found the most recent (i.e., legally relevant) version of a case using the note up tools
  13. Noting up a Case in Quicklaw Terminology for noting up a case differs between databases Quicklaw terms for judicial considerations: Distinguished — cited case is held to be inapplicable due to a difference in fact or law. Explained — citing case adds to, expands upon, or interprets cited case. Followed —The judge expressly relies on the cited case as a precedent on which to base a decision. Also:Followed in Minority Opinion, Cited, Cited in Dissenting Opinion, Mentioned, Not Followed, Questioned
  14. Key Concept: Secondary Legal Literature Searching primary sources directly for case law by keyword is usually not recommended Keyword = 1000s of unrelated hits Exception: very unique terminology Start with secondary legal sources and/or specialized legal research tools, such as: Canadian Encyclopedia Digest Canadian Abridgment Digest
  15. Key Concept: Secondary Legal Literature Examples: articles from academic legal journals, case commentary, newsletters and digests by legal experts Uses of secondary lit: Current awareness of legal issues (e.g., weekly digests) Efficient way to locate case law by topic Provide understanding of legal issues and case law in context
  16. Part 2: Four Legal Databases in 15 minutes
  17. 1. LawSource
  18. 1. LawSource Tips Multiple products on one platform that can be browsed/searched separately Browse functions on the left, search on the right Click on LawSource (or CriminalSource) tab to revert to main search screen Quirk: default searching is for ANY of the search terms entered, not ALL of them Solution: use quotation marks to search as a phrase or add the word “AND” between each search term
  19. 1. LawSource Tips Less is more; re-search the most unique words of your search string if you are not getting results E.g., Instead of Toward a Proper and Complete Instruction for Photo Lineups: Preserving the Probative Value of Identification Evidence, try, Photo Lineups Relevancy ranking of results is less intuitive
  20. 2. CriminalSource
  21. 2. CriminalSource Tips Busy interface! Note Search Templates for different products/info types on left, including All CriminalSource Content CNTR + F to search full text in cases Browse a particular source with left-side option of “other commentary”; an empty search is possible if you’d like to browse commentary sources by date
  22. 3. CriminalSpectrum
  23. 3. CriminalSpectrum Tips Search on the right, browse on the left. Browsing is particularly effective in legal databases Browse individual books/journals (e.g., Drug Offences in Canada) in the Commentary section, left-hand side Martin’s Criminal Code is found under Commentary>Criminal Legislation>Martin’s Criminal Code and Related Legislation Less can be more (in terms of search terms entered). This is the case with most legal databases.
  24. 4. QuickLaw
  25. 4. QuickLaw Tips Tab Searching option E.g., Legislation, Journals, etc. brings up search templates Need to find a particular book, journal, or other title? Enter keywords of source title in Find a Source. Be exact! Beware Terms and Connectors Search Many ways to get to the same content in QuickLaw
  26. SFU Library Legal Research Guides Legal Information guide Browse databases by subject area – Law
  27. Questions? Yolanda Koscielski, Liaison librarian for Criminology at Burnaby ysk6@sfu.ca Andrea Cameron, Liaison Librarian for Criminology at Surrey amcamero@sfu.ca General queries: AskUsDesk AskAway TextUs
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