W200 - Unit 3 Legal Research

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Unit 3 - Legal Research

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Learning Outcomes

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What is the purpose of legal research

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The purpose of legal research is to solve legal problems

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What is the importance of legal research

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The importance of legal research lies in the skills obtained to carry it out

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What is a model for the analysis of a legal research problem

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1. Identify the objective

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2. Gather relevant facts

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3. Identify relevant law

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4. Apply law to the facts

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5. Identify possible solutions

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6. Consider advantages and disadvantages

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7. Advise on the most appropriate solution(s)

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8. Present solution(s) in appropriate form

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Planning legal research

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1. Analyse the problem

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2. Devise search items

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3. Identify appropriate sources

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4. Update

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5. Present findings in an appropriate format

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Explain the importance of choosing appropriate search terms

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The importance of appropriate terms refers to obtaining the information you need through the appropriate choice keywords

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Explain what sources of legal information are available

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What is the difference between primary and secondary materials

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What is a Primary Source

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These are statements of the law itself

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Name categories of Primary Source

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Acts of Parliament, Case Law, Statutory Instruments

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What is a Secondary Source

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Textbooks, encyclopedias and reference works

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What is 'legal research'

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Legal research can have different meanings for different contexts

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practical legal research

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refers to the legal researching of cases and statutes

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Recording progress

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1. Date your research was carried out

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2. Titles of sources consulted (and/or web addresses)

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3. Keywords during searches

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4. Page references for key pieces of information

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5. Dates of publication (including the date of the latest release for a losseleaf source)

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6. any dates to which the law as stated is claimed to be up-to-date by the publisher

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B Research using paper-based sources

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Learning Outcomes

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What are the key paper based legal sources

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(1) Halsbury's Laws

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(2)Halsbury's Statutes

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(3) Current Law

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(4) The Digest

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(5) Legal Journals

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In what circumstances do you use each of them

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Halbury's Laws

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for searching areas law where you have no or little knowledge

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Halsbury's Statutes

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for searching for annotated versiones of all Acts in force in England and Wales

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Halsbury's Statutory Instruments

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for researching statutory instruments

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Halsbury Is it in force

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for checking whether statutes are currently in force.

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Current Law (paper) Westlaw (online)

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for searching areas law where you have no or little knowledge

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The Digest

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for tracing cases dealing with a particular subject, covers English, Irish, Scottish, Commonwealth and European Community

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Legal Journals (General practioners, New Law, Solicitors, Criminal Law Review, Journal of Business Law)

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general research

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Legal Journals Index

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Index for finding articles in legal journals

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Using Halbury's Law (steps in sequence)

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1. Consolidated Index

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2. main volumes

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3. Cumulative Supplement

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4. Noter-Up

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How to find a reference in Consolidated index e.g. Crossbow

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CROSSBOW meaning , 11 (2) (4th), 708n or 708

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(i) meaning (context)

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(ii) 11 (2) (4th) (main volume where discussion appears)

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(iii)708n (paragraph footnote)

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(iv)708 (paragraph)

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Consolidated Index

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the consolidated index identifies and gives references to keywords e.g. Crossbow

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If your familiar with general subject area of your research

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Go directly to the main volume/title which covers general area

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go to the table of contents at the front of title, or title index at the back of volume, looking up key words

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If you are looking for a particular Act or case

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Turn to the Consolidated Tables-Statutes or Consolidated Tables of Cases, and look up the Act or case.

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If you are unfamiliar with the subject area of your research

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Think of some relevant key words and turn to the Consolidated Index

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Updating process

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refers to the need to verify facts as some information may have become redundant (two stages)

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1. Check the Cumulative Supplement

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2. Check the Noter-Up

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Cumulative Supplement

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refers to a publication which accounts for any changes in the law that occur between publications of the main volumes

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The Noter-Up

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refers to a monthly publication which updates any very recent changes in law

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Using Halbury's Statutes (steps in sequence)

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1. Consolidated Index

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2. main volumes and current statutes

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3. Cumulative Supplement

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4. Noter-Up

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Finding a reference in Consolidated index e.g. Disorderly conduct

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Disorderly conduct, licensed premises, on, 19(3), [629]

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(i)licensed premises, on, (context)

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(ii) 19(3), (volume)

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(iii) [629] (paragraph)

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(iv) (s) (search current statutes binder)

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Consolidated Index

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the consolidated index identifies and gives references to keywords e.g. Crossbow

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main volumes

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the main volumes cover all areas alphabetically

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current statutes

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refers to binders (a-f) which supplement the main volumes

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If you know the name (or date) of the Act you need

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Look up act in consolidated Index

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If you locate Act go to volume and paragraph

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If you can't locate Act

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check the current statutes service binder A: Table of Statutes

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If you are unsure of the name (or date) of the Act

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Look for the topics which the Act covers in Consolidated Index

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If you locate your topic

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Go to the volume and page (or binder and page) indicated by the reference in the index

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If you can't locate the Act

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check the current statutes service binder A: Table of Statutes

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Updating process

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refers to the need to verify facts as some information may have become redundant (two stages)

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1. Check the Cumulative Supplement

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2. Check the Noter-Up

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Cumulative Supplement

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refers to a publication which accounts for any changes in the law that occur between publications of the main volumes

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The Noter-Up

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refers to a monthly publication which updates any very recent changes in law

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Using Current Law

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search for the parties in the case ciator index

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also check the 'cumulative table of cases' at the back of the Monthly Digest

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Read the citations for each report for the case

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the entry will also direct you to use the Current Law Year Book for a summary of the case

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the entry will also point to other summaries of cases in other yearbooks which will guide you on whether any precedent still stands

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Using The Digest

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Look up the topic in the paperback Index volumes at the end of the set, volume, subject heading and paragraph numbers

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refer to the references to find the summaries, update these cases by following up any references to 'Annotations'

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Look up the Cumulative Supplement to check for any developments that may have changed tha cases status

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Finally, check the Quarterly Survey for developments since the publication of the Cumulative Supplement