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Principles of Legal Research Week 4: Sept. 29-Oct.3

Principles of Legal Research Week 4: Sept. 29-Oct.3. Outline. Finding cases – review Noting up case law – print & electronic methods Canadian Abridgment continued & review from last week Exercise Assignment #2 (5%). Finding Cases. Questions to ask yourself:

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Principles of Legal Research Week 4: Sept. 29-Oct.3

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  1. Principles of Legal ResearchWeek 4: Sept. 29-Oct.3

  2. Outline • Finding cases – review • Noting up case law – print & electronic methods • Canadian Abridgment continued & review from last week • Exercise • Assignment #2 (5%)

  3. Finding Cases Questions to ask yourself: • Do you want the full text of a case? • Do you just want the citation of the case? • Do you want a summary or digest of the case? • Do you want a reported or a not-yet-reported case? • Do you want a list of all the cases related to your case? • Do you want the history of your case (e.g. appeals)?

  4. Two main ways of finding cases • By case name (or citation) • “known-item searching” • By subject • “unknown-item searching”

  5. Update and Note-up cases • Updating: Finding the history of the case. Has it been appealed or overturned? • Noting-up: Checking the judicial treatment of the cases. Have they been considered in other cases, and have these cases overruled them or followed them, etc.? • These terms are sometimes used interchangeably….

  6. Stare decisis • [Latin, "let the decision stand"] refers to the doctrine of precedent, according to which the rules formulated by judges in earlier decisions are to be similarly applied in later cases. • to ensure consistency and certainty in the law. • Prior decisions of higher courts are binding on lower courts of the same jurisdiction Source: The Canadian Encyclopedia (J. Brierley)

  7. Stare decisis (cont’d) • Neither the SCC nor many of the provincial courts of appeal consider themselves bound by their own previous decisions. • Lower courts are free to analyze the reasons (ratio decidendi) given by the higher court and to decide whether to apply the precedent or to distinguish the rule contained on the basis of factual differences in the 2 cases. Source: The Canadian Encyclopedia (J. Brierley)

  8. Consolidated Table of Cases Canadian Case Citations Updating and noting up using the Canadian Abridgment

  9. SAMPLE ENTRY: Enriquez v. Rosario (1990), 40 C.P.C. (2d) 18, 64 Man. R. (2d) 151 (C.A.), reversing in part (1990), 64 Man. R. (2d) 153 (Q.B.) R31D Reis. 17033; R311 Reis. 37466 case name/style of cause Parallel citation history locator Noting up in print (cont’d) • Consolidated Table of Cases: • Case name • Citation: where to find full text of a decision • History: prior or subsequent developments • Locator: where the digest(s) of the case can be found in the Canadian Abridgment

  10. This decision can be found in all of these reporters. SAMPLE ENTRY: Cuddy Chicks Ltd. v. Ontario (Labour Relations Board) (May 6, 1988), Doc.0310-87-R [1998] O.L.R.B. Rep. 468, 88 C.L.L.C. 16,049, 19 C.L.R.B.R. (N.S.) 286 (Ont. L.R.B.) affirmed/confirmé (November 2, 1988), Doc.469/88 (1988), 66 O.R. (2d) 284, 32 O.A.C. 7, 88 C.L.L.C. 14,053, 33 Admin. L.R. 302 (Ont. Div. Ct.) which was affirmed/ qui a été confirmé (September 8, 1989), Doc.CA 67/89 (1989), 39 Admin. L.R. 48, 62 D.L.R. (4th) 125, 35 O.A.C. 95 ….. (Ont. C.A.) …… _____ Cases citing Ont. Div. Ct. B.G. (L.G.A.), Re (1989), 101 A.R. 92 (Alta. Prov. Ct.) ….. Cases citing Ont. C.A. R. v. Lepage (1994), 23 C.R.R. (2d) 81 (Ont. Gen. Div.) The Ont.Labour Relations Board decision was affirmed by the Ont. Divisional Court The Ont. Div. Court decision was followed in this case. F The Ont.Court of Appeal decision was considered in this case. C Noting up in print (cont’d) • Canadian Case Citations • Case name • Citation: where to find the full text of decision • History: subsequent decisions or developments in the case • Treatment: consideration of one judicial decision in another

  11. Noting up electronically: QL & WL • Electronic sources • QuickCITE on • KeyCite on • Free online: Reflex through Canlii.org • not as comprehensive and does not assign treatment codes • but good starting point for updating recent case law

  12. Noting up: electronically > Quicklaw • QuickCite – 3 methods • Search > General tab > "Note up a case" option from drop-down menu • “Noteup with QuickCite” link at the top left of the screen while viewing a case • Click on the QuickCite status icon at the top left of the case.

  13. Noting up: electronically > Westlaw • (3 methods) • “KeyCiteCanada” link at top of home page • KeyCite information under the “Related Info” tab in the left frame while viewing a case in the right frame • Click on a KeyCite status flag

  14. Important! • You should be familiar with the scope of coverage of any service you use for noting up cases, and be aware of the different features offered by each citator. • See this comparative table

  15. Abridgment exercise from last week • Finish up the questions you didn’t have time to complete

  16. Assignment #2: Canadian Abridgment • Work individually • Due next week • Worth 5%

  17. Summary • Before you seek out cases, ask yourself a few questions… • Noting up can be done in print or electronically (usually the latter)

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