LRW: Introduction to Legal Research

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


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


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


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


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!


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.


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)


Issues

Concepts

Keywords

Alternatives

Proximity

Evaluation Enough Results?

Research Question

The End

Refine

Search

Search Strategy


Identify Issues & concepts Identify Issues & concepts

Rationale behind strict liability in Rationale behind strict liability in

relation to judicial pronouncementsrelation to judicial pronouncements


Find Alternative TermsFind Alternative Terms

RationaleRationale Strict Strict LiabilityLiability

Automatic

responsibility

Judicial Prounouncements

Judgments

JudiciaryReasoning

Understanding


Terms & ConnectorsTerms & Connectors

(Boolean Operators)(Boolean Operators)


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.


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


Boolean ORBoolean ORA A OROR B B either A or B is either A or B is presentpresent

Rationale Rationale OROR Basis BasisAB


Truncation (!) gets all Truncation (!) gets all variations of word variations of word endingsendings

reason!reason! reason, reasons, reason, reasons, reasoningreasoning


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”


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


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


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

http://researchguides.smu.edu.sg/content.php?pid=87888&sid=653824


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.


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)


LexisNexis DemoLexisNexis Demo


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


Find the case: Find the case: [1984] 1 All ER 504[1984] 1 All ER 504


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)


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.


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

http://www.lexis.com.libproxy.smu.edu.sg/research/sel?_m=335205df134564aaa37855e2a9dc9f27&_chgTab=4&wchp=dGLzVlb-zSkAA&_md5=8f31bbb8bf50fb3c27a0c5f1b11fa27f

http://www.lexis.com.libproxy.smu.edu.sg/research/sel/interm?_m=335205df134564aaa37855e2a9dc9f27&_cat=3000002&_chgTab=4&wchp=dGLzVlb-zSkAA&_md5=88807be096d544e78c1f4e83ddc0d799

http://www.lexis.com.libproxy.smu.edu.sg/research/sel/interm?_m=335205df134564aaa37855e2a9dc9f27&_cat=3014616&_chgTab=4&wchp=dGLzVlb-zSkAA&_md5=a4464a9942c934bad791977424e2e503

http://www.lexis.com.libproxy.smu.edu.sg/research/sel/interm?_m=335205df134564aaa37855e2a9dc9f27&_cat=3014992&_chgTab=4&wchp=dGLzVlb-zSkAA&_md5=f67adfb15eef1221f31028210a70e032

http://www.lexis.com.libproxy.smu.edu.sg/research/sel/interm?_m=335205df134564aaa37855e2a9dc9f27&_cat=3015002&_chgTab=4&wchp=dGLzVlb-zSkAA&_md5=e6a858dd0c8bfea3d67ae35ff74725f7


WestlawWestlaw


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



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



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


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?


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)

http://www.lexis.com.libproxy.smu.edu.sg/research/sel?_m=d1898e4d923e8b52c3f6c82450cb8c93&_chgTab=4&_fmtstr=XCITE&docnum=1&_startdoc=1&wchp=dGLbVzW-zSkAl&_md5=a021aa738cd4352cba0ca717a14083cd

http://www.lexis.com.libproxy.smu.edu.sg/research/sel/interm?_m=d1898e4d923e8b52c3f6c82450cb8c93&_cat=3000002&_chgTab=4&_fmtstr=XCITE&docnum=1&_startdoc=1&wchp=dGLbVzW-zSkAl&_md5=1762e97bdc56cd9c7cd57034f2ecc4fb

http://www.lexis.com.libproxy.smu.edu.sg/research/sel/interm?_m=d1898e4d923e8b52c3f6c82450cb8c93&_cat=3014616&_chgTab=4&_fmtstr=XCITE&docnum=1&_startdoc=1&wchp=dGLbVzW-zSkAl&_md5=cd110fdf5612c23f81eabdd3b6e43f17

http://www.lexis.com.libproxy.smu.edu.sg/research/sel/interm?_m=d1898e4d923e8b52c3f6c82450cb8c93&_cat=3014623&_chgTab=4&_fmtstr=XCITE&docnum=1&_startdoc=1&wchp=dGLbVzW-zSkAl&_md5=31cc4299922018d9b26392629890a057

http://www.lexis.com.libproxy.smu.edu.sg/research/sel/interm?_m=d1898e4d923e8b52c3f6c82450cb8c93&_cat=3014625&_chgTab=4&_fmtstr=XCITE&docnum=1&_startdoc=1&wchp=dGLbVzW-zSkAl&_md5=808e2cc8cfcde38e9f78187b1d5ca449

http://w3.lexis.com.libproxy.smu.edu.sg/research2/source/srcinfo.do?_m=d1898e4d923e8b52c3f6c82450cb8c93&src=155729&_fmtstr=XCITE&docnum=1&_startdoc=1&wchp=dGLbVzW-zSkAl&_md5=93816189e54809a44671982f32e5eac5


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


HomeworkHomework

Legal Research Course Notes are available on http://researchguides.smu.edu.sg/LRW

http://researchguides.smu.edu.sg/LRW


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 [email protected] for assistance.

http://www.cali.org/

mailto:[email protected]


Need help?Need help?Email Email [email protected]@smu.edu.sg

mailto:[email protected]


Thank youThank you

LRW: Introduction to Legal Research

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