Post on 04-Jul-2015
Charlotte Gill 22/08/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Introduction Introduction toto
Legal ResearchLegal Research
Charlotte GillCharlotte GillResearch Librarian, LawResearch Librarian, Law
Aug 2010Aug 2010
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
OverviewOverview
Week 1: Introduction to Legal ResearchWeek 1: Introduction to Legal Research
Week 2: Print reference tools and noting upWeek 2: Print reference tools and noting up
Week 3: Secondary SourcesWeek 3: Secondary Sources
Week 4: Statutory researchWeek 4: Statutory research
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
OutlineOutline
OutcomesOutcomes Why are good legal research skills so Why are good legal research skills so
important?important? Online searching techniques & toolsOnline searching techniques & tools Overview of Lexis and WestlawOverview of Lexis and Westlaw Lexis & Westlaw DemoLexis & Westlaw Demo QuizQuiz
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
OutcomesOutcomes
At the end of the session, you should:At the end of the session, you should:
Understand the importance of having a search Understand the importance of having a search strategy and know how to search databases strategy and know how to search databases using terms and connectors. using terms and connectors.
Have a basic understanding of the content Have a basic understanding of the content available on Lexis and Westlaw.available on Lexis and Westlaw.
Know how to conduct a search using Lexis and Know how to conduct a search using Lexis and WestlawWestlaw
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Why are good research skills Why are good research skills important? important?
Professionalism Professionalism
Save timeSave time
Save CostsSave Costs
You want to:Impress the boss and Impress the boss and go home on time! go home on time!
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
What makes a good researcher? What makes a good researcher?
A good searcher is not one who can A good searcher is not one who can simply find the answer but one who can to simply find the answer but one who can to do it do it efficientlyefficiently. This means doing it in a . This means doing it in a timelytimely and and cost effectivecost effective manner. manner.
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Key to good planningKey to good planning
MethodicalMethodical Have a plan. Identify issue and concepts. Record sources used. Have a plan. Identify issue and concepts. Record sources used.
Manageable Manageable Realistic time frameRealistic time frame Depth of breadth of research (narrow topic and stick within the Depth of breadth of research (narrow topic and stick within the
parameters)parameters) MeticulousMeticulous
Note sources and bibliographic records for citingNote sources and bibliographic records for citing EfficientEfficient
Know how to find relevant sources (avoid trial and error)Know how to find relevant sources (avoid trial and error) EffectiveEffective
Relevant resultsRelevant results(Source: Neme's and Coss, pp57-58)
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Issues
Concepts
Keywords
Alternatives
Proximity
Evaluation Enough Results?
Research Question
The End
Refine
Search
Search Strategy
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Identify Issues & concepts Identify Issues & concepts
Rationale behind strict liability in Rationale behind strict liability in
relation to judicial pronouncementsrelation to judicial pronouncements
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Find Alternative TermsFind Alternative Terms
RationaleRationale Strict Strict LiabilityLiability
Automatic
responsibility
Judicial Prounouncements
Judgments
JudiciaryReasoning
Understanding
Charlotte Gill 22/08/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Terms & ConnectorsTerms & Connectors
(Boolean Operators)(Boolean Operators)
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Phrase Search – use “__”Phrase Search – use “__”
E.g.E.g.““Strict Liability”Strict Liability” means the words must means the words must appear in the specified order. appear in the specified order.
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Boolean ANDBoolean ANDX X ANDAND Y Y both X and Y must be both X and Y must be presentpresent
““Strict Liability” Strict Liability” ANDAND JudgmentsJudgments
YX
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Boolean ORBoolean ORA A OROR B B either A or B is either A or B is presentpresent
Rationale Rationale OROR Basis BasisAB
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Truncation (!) gets all Truncation (!) gets all variations of word variations of word endingsendings
reason!reason! reason, reasons, reason, reasons, reasoningreasoning
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Tools to Relate TermsTools to Relate Terms
Parentheses Parentheses ( )( ) to group terms you want to group terms you want the system to process first. the system to process first.
Compare the two search statementsCompare the two search statements
rationale or basis and “strict liability”rationale or basis and “strict liability”
(rationale or basis) and “strict liability”(rationale or basis) and “strict liability”
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Use Truncation CarefullyUse Truncation Carefully
Think about where you truncate your search Think about where you truncate your search terms.terms.
E.g. Negligen!E.g. Negligen!⇒ Negligence, NegligentNegligence, Negligent
E.g. Defam!E.g. Defam!⇒ defamation, defame, defameddefamation, defame, defamedE.g. Def!E.g. Def!=>defined, definite, deface=>defined, definite, deface
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Different tools used by Different tools used by Lexis and WestlawLexis and Westlaw
**Wildcardwom*n would find woman and womenbernst**n would find both the ei and the ie spelling of the name
!! Truncationacqui! would find variations on the term acquire such as acquires, acquired, acquiring, and acquisition
Use inverted comas “__”Use inverted comas “__”Phrase searching
“tax deduction”
a spaceOROr lawyer OR counsel OR attorney
&ANDAnd narcotic and warrant
%AND NOTAnd Nottrust and not charitable
WestlawLexisSearch Function
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
More detailed list available on the Library More detailed list available on the Library website. website.
File: Legal Database Help SheetFile: Legal Database Help Sheet
Law Research Navigator > Course Guides> Legal Research & Writing (LAW106)> Introduction to Legal Research Law Research Navigator > Course Guides> Legal Research & Writing (LAW106)> Introduction to Legal Research
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
LexisNexis & WestlawLexisNexis & Westlaw
What are they? What are they? Online subscription databasesOnline subscription databases Contain large amount of content (legal and Contain large amount of content (legal and
business)business) Covers multiple jurisdictionsCovers multiple jurisdictions Historical contentHistorical content Allow users to search across multiple sources Allow users to search across multiple sources
(case law, legislation, articles) and across (case law, legislation, articles) and across multiple jurisdictions. multiple jurisdictions.
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
LexisNexis and WestlawLexisNexis and Westlaw
ContentContent Case LawCase Law Laws and RegulationsLaws and Regulations Journal ArticlesJournal Articles Treaties & International AgreementsTreaties & International Agreements Legal updates, NewsLegal updates, News DirectoriesDirectories Reference (Dictionaries, Thesauri,etc)Reference (Dictionaries, Thesauri,etc)
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
LexisNexis DemoLexisNexis Demo
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
LexisNexis ExercisesLexisNexis Exercises
Find the full case name and citation Find the full case name and citation for the case Fletcher v Rylandsfor the case Fletcher v Rylands
Search:Search: NAME ("Fletcher v Rylands")NAME ("Fletcher v Rylands")
Answer: Answer: FLETCHERFLETCHER v RYLANDS AND ANOTHER, v RYLANDS AND ANOTHER, [L R] 1 Exch 265[L R] 1 Exch 265
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Find the case: Find the case: [1984] 1 All ER 504[1984] 1 All ER 504
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
LexisNexis ExercisesLexisNexis Exercises
Find HOL cases that have cited Find HOL cases that have cited Section 3 of the Homicide Act 1957.Section 3 of the Homicide Act 1957.
Search:Search:1.1. Select UK cases, Combined Courts Select UK cases, Combined Courts
DatabasesDatabases2.2. Search Statement: "homicide act 1957" w/3 Search Statement: "homicide act 1957" w/3
3 and COURT (House of Lords)3 and COURT (House of Lords)
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
LexisNexis ExerciseLexisNexis Exercise
Question:Question:
You have a mentally ill client who has just killed You have a mentally ill client who has just killed her colleague. You recall there was a case where her colleague. You recall there was a case where a defendant tried to use thea defendant tried to use the defence defence of of provocation and adduced psychiatric evidence of provocation and adduced psychiatric evidence of a mental condition which had the effect of a mental condition which had the effect of reducing his power of self-control below that of reducing his power of self-control below that of an ordinary person. However you do not an ordinary person. However you do not remember the citation. You only remember that remember the citation. You only remember that it was a UK HOL case, that the defendant was it was a UK HOL case, that the defendant was Smith and it was reported in 2001. Smith and it was reported in 2001.
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
LexisNexis ExerciseLexisNexis Exercise
Search:Search: LegalLegal >> Area of Law - By TopicArea of Law - By Topic >>
Foreign Laws & Legal SourcesForeign Laws & Legal Sources >> United KingdomUnited Kingdom >> CaselawCaselaw >> UK Cases, UK Cases, Combined CourtsCombined Courts
Search Statement: Search Statement: COURT (House of lords) and NAME (smith) and COURT (House of lords) and NAME (smith) and
homicide and provocationhomicide and provocation Answer: Answer: Regina v Smith (Morgan), [2001] 1 AC Regina v Smith (Morgan), [2001] 1 AC
146146
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
WestlawWestlaw
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Westlaw ExercisesWestlaw Exercises
Find Central London Property Trust v Find Central London Property Trust v High Trees Ltd [1947] KB 130High Trees Ltd [1947] KB 130
Search:Search: Click on Westlaw UKClick on Westlaw UK Enter “High Trees” in the Party Name search Enter “High Trees” in the Party Name search
box and searchbox and search Or search by citationOr search by citation
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Westlaw ExercisesWestlaw Exercises
Find cases and articles citing and referring Find cases and articles citing and referring to S3 of the ‘Homicide Act 1957’to S3 of the ‘Homicide Act 1957’
Search: for casesSearch: for cases Select Westlaw UK tab and use the Legislation LocatorSelect Westlaw UK tab and use the Legislation Locator In the ‘Act or Si’ Search box enter, ‘Homicide Act 1957’In the ‘Act or Si’ Search box enter, ‘Homicide Act 1957’ In the ‘Provision no’ search box enter’3’In the ‘Provision no’ search box enter’3’
Answer:Answer:Select the S3 result and click on the hyperlinks for Cases Citing and Select the S3 result and click on the hyperlinks for Cases Citing and
Secondary Sources for the list of resultsSecondary Sources for the list of results
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Westlaw ExercisesWestlaw Exercises
Find an article written by Capps on the Postal Find an article written by Capps on the Postal Rule and e-mail. Rule and e-mail.
Search:Search: Select the World Journals Tab at the top of the page. Select the World Journals Tab at the top of the page. Tick Combined World Journals databaseTick Combined World Journals database In the search box enter: capps & "postal rule" & (email In the search box enter: capps & "postal rule" & (email
“electronic mail”)“electronic mail”) Click ‘Search’Click ‘Search’
Answer:Answer: Title: Electronic Mail and the Postal RuleTitle: Electronic Mail and the Postal Rule Journal: International Company and Commercial Law ReviewJournal: International Company and Commercial Law Review I.C.C.L.R. 2004, 15(7), 207-212I.C.C.L.R. 2004, 15(7), 207-212
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
QuizQuiz
You are writing an article on the elected presidency. Your colleague tells you there is a recent article written by Prof Thio Li-Ann on the elected presidency. He does not remember the exact title or the citation, but only that it was published in 2007. Locate this article.
Answer:Answer: Database: Westlaw Database: Westlaw Select World Journals tabSelect World Journals tab Select Combined Journals databaseSelect Combined Journals database Search Statement:Search Statement: (THIO W/1 "LI-ANN") & SINGAPORE & ELECTED & PRESIDEN! & (THIO W/1 "LI-ANN") & SINGAPORE & ELECTED & PRESIDEN! &
DA(2007)DA(2007)
5 Int'l J. Const. L. 526 (July 2007)5 Int'l J. Const. L. 526 (July 2007)SINGAPORE: (S)ELECTING THE PRESIDENT--DILUTING SINGAPORE: (S)ELECTING THE PRESIDENT--DILUTING
DEMOCRACY? DEMOCRACY?
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
QuizQuiz
Your client is a “big four” accounting firm that is being sued for negligently Your client is a “big four” accounting firm that is being sued for negligently auditing the accounts of Wemakeitcheap Incorporated. The plaintiff claims auditing the accounts of Wemakeitcheap Incorporated. The plaintiff claims that they overpaid significantly for Wemakeitcheap Incorporated because that they overpaid significantly for Wemakeitcheap Incorporated because they relied on negligent mis-statements in the audit report prepared by your they relied on negligent mis-statements in the audit report prepared by your client. The partner you are working for says that he remembers a case from client. The partner you are working for says that he remembers a case from the early 90’s that could be good precedent. He doesn’t have the full citation the early 90’s that could be good precedent. He doesn’t have the full citation anymore but he recalls that Coopers & Lybrand was the defendant. Locate anymore but he recalls that Coopers & Lybrand was the defendant. Locate this case.this case.
Answer:Answer: Database: LexisNexis Total ResearchDatabase: LexisNexis Total Research LegalLegal >> Area of Law - By TopicArea of Law - By Topic >> Foreign Laws & Legal SourcesForeign Laws & Legal Sources >> AustraliaAustralia >>
CaselawCaselaw >> Australian Reported Cases, CombinedAustralian Reported Cases, Combined CATCHWORDS(negligen!) and CATCHWORDS(audit!) and NAME(Esanda) CATCHWORDS(negligen!) and CATCHWORDS(audit!) and NAME(Esanda)
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Remember…Remember…
Identify what you are looking forIdentify what you are looking for Identify the appropriate resource to useIdentify the appropriate resource to use Familiarize yourself with the functions, Familiarize yourself with the functions,
commands and tools specific to that commands and tools specific to that database. database.
Formulate your search statementsFormulate your search statements Evaluate your resultsEvaluate your results
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
HomeworkHomework
Legal Research Course Notes are available on http://researchguides.smu.edu.sg/LRW
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
HomeworkHomework
2. Complete the CALI online tutorial - 2. Complete the CALI online tutorial - Introduction to Search Logic and Strategies by Sarah E. Gotschall and submit Certificate of and submit Certificate of Completion. Completion.
You need to register in order to use the CALI database.
To register, go to www.cali.org and click on the "Create new account?" Complete the registration form. You will need the authorization code* that was emailed to you. Once you have completed the registration process, you will be logged on and will be able to run any of the lessons. This authorization code is used only once. On subsequent visits to the website you will log on by entering your email address and the password you created when you registered.
To locate the required lesson, enter the title of the lesson into the search box found near the top right corner of the screen.
* The authorization code has been emailed to you. If you have not received the authorization code, please send an email to libresearch@smu.edu.sg for assistance.
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Need help?Need help?Email Email libresearch@smu.edu.sglibresearch@smu.edu.sg
Charlotte Gill 05/01/2009© Copyright 2008-2009Singapore Management University, Li Ka Shing Library. All Rights Reserved
Thank youThank you