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CML 3319 : Advanced Legal Research Winter 2011 English law

CML 3319 : Advanced Legal Research Winter 2011 English law. Colleen Addison, Law Librarian Brian Dickson Law Library. Class plan. English law in general Secondary sources Legislation Jurisprudence. What is English law?. - from 1536 on, includes Wales

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CML 3319 : Advanced Legal Research Winter 2011 English law

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  1. CML 3319 : Advanced Legal ResearchWinter 2011English law Colleen Addison, Law Librarian Brian Dickson Law Library

  2. Class plan • English law in general • Secondary sources • Legislation • Jurisprudence

  3. What is English law? -from 1536 on, includes Wales -1542 Ireland isconquered, but rebellions continue -1914 Home Rule, the southgovernsitself, Northern Ireland isgoverned by Britain -1707 Scotland joins England -1998 all jurisdictionsgetsomelimitedpowers

  4. Secondary sources

  5. British Nationality

  6. Encyclopedia • Halsbury’s Laws of England (4th edition) • 5th edition not complete reprint • 3rd edition not available in our library, but VERY useful

  7. Halsbury’s • Before 1981, children could not inherit citizenship through the mother • s. 50 of the British Nationality Act 1981: illegitimate children cannot inherit citizenship if born overseas • If you become a British citizen (i.e. naturalised), you have to speak EITHER English, Welsh, or Scottish Gaelic • You also have to be “of good character” • And there’s a case!

  8. Halsbury’s cont’d • Halsbury’s supplement Words and Phrases Legally Defined • “good character” • “In one sense it refers to the mental and moral qualities which an individual has. In another sense it refers to the individual’s reputation or repute…”

  9. Encyclopedia • Current Law Yearbook • Divided by year • Includes: • Table of cases • Table of statutory instruments • Unreported cases • Dates of commencement (coming into force dates): Statutes • Summary information about cases, legislation, • Words and phrases (in with summary info) • Books and articles

  10. Current Law Yearbook • Examples: • ALIENS (actually an English legal definition) • 55. British Nationality Act 1981 (c.61) • This Act makes fresh provision about citizenship and nationality and amends the Immigration Act 1971. • Pt. I (ss. 1-14 concerns British citizenship; s. 1 concerns acquisition by birth or adoption; s. 2… • Etc.

  11. Current Law Yearbook • Examples: • 44. Undertaking by public authority—obligation to fulfill—failure—challenge • N entered Hong Kong illegally from Macao. Then the government announced a new policy of repatriating illegal immigrants… • ATT.-GEN OF HONG KONG V. NG YUEN SHIU [1983] 2 W.L.R. 735, P.C.

  12. Current Law Yearbook • Examples: • Books and Articles • ALIENS, • British nationality—the 1981 Act (R. Trost): 133 New L.J. 3.

  13. Dictionaries • Stroud’s Judicial Dictionary of Words and Phrases • *note this does not link up nicely with Halsbury’s • Includes: Table of abbreviations, dictionary definitions • Example: GOOD CHARACTER. Under the Beerhouse Act 1834 (c. 85) “character” meant the estimation in which a man was held by those who were acquainted with him and it was not open to the court to pry into the secrets of a man’s conduct (Leader v. Yell 33 L.J.M.C. 231).

  14. Dictionaries • Her Majesty’s Court Service • http://www.hmcourts-service.gov.uk/infoabout/glossary/index.htm • Google “her majesty’s court service legal language” • Fewer, more common terms

  15. Her Majesty’s Court Service

  16. E-Journals • Oxford Journal of Legal Studies (1998-) • Cambridge Law Journal (1997-) • Law Quarterly Review (old! 1885-1935) • Modern Law Review (2005-)

  17. Sample articles • What is My Nation? Who Talks of My Nation? British Nationality Act 1981 • Thick, Thin and Thinner Patriotisms: Is This All There Is? • Race and Nationalism • The Treatment of Foreign Terror Suspects

  18. Secondary sources • Legal Journals Index • FTX Ref / KD 59 .L44 • Also located online in Westlaw

  19. Legislation

  20. In general • Title of law: • Before 1962: usually year of reign and chapter number; sometimes title year • e.g. 6 Edw. VII., ch. 1. • After 1962: title, year • e.g. British Nationality Act 1981

  21. In general • There are no acts that read: Amendment Act • Acts do amend and present new laws • British Nationality Act 1981 replaces the British Nationality Act 1948 • Recent changes might be covered by a new act

  22. Legislation online • http://www.legislation.gov.uk/ • Google UK legislation • http://www.bailii.org • Google Bailii

  23. Caselaw

  24. Britain’s judicial system SUPREME COURT (present day) HOUSE OF LORDS (until June 2009) COURT OF APPEAL Criminal Division / Civil Division HIGH COURT Family (divorce, children, wills) / Chancery (wills, debt, intellectual property) / Queen’s Bench (tort, contracts) CROWN COURT (70) MAGISTRATES COURT (400) COUNTY COURT (250)

  25. Law reporters • Law Reports (1865-) • All England Law Reports (1936-) • English Reports (1220-1865)

  26. Law reporters, cont’d • All England Law Reports Reprints (1558-) • Law Times Reports • Weekly Law Reports

  27. Case summaries • The Digest • Case summaries from the Commonwealth

  28. Cases • Supreme Court website • http://www.supremecourt.gov.uk/decided-cases/index.html House of Lords website http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm

  29. Legislation and Caselaw resources • BAILII : British And Irish Legal Information Institute • Justis

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