Law resources for Forensics: an introduction to Primary legal sources Jon Fletcher – Liaison...

Law resources for Forensics: an introduction to Primary legal sources

Jon Fletcher – Liaison Librarian

jon.fletcher@ntu.ac.uk

Overview

• NTU resources & where to find them

• Legislation and Case Law: definitions of Primary legal sources

• Legislation: resources

• Case Law: resources

• Law Reports and abbreviations

NTU resources & where to find them

E-Resources:

• All online resources can be found via NOW

• Access via the your learning room or the initial NOW page

• Always access resources in this manner from home

Physical Resources

• Boots library – see the library catalogue (access via NOW or LLR website)

What types of law are there?

What are Primary Sources of law?

1) Legislation

Primary legislation– Acts of Parliament or Statutes

Secondary legisliation – Statutory Instruments

2) Case Law

Details of the law necessary for enactment. The ‘nuts and bolts’ of the law; written by legal professionals

Based on the published decisions of judges; legal precedents

Acts passed in parliament; the ‘broad overview’

I want to find…Primary and Secondary Legislation

Finding Primary Legislation (an Act or statute) in its original form

•Why? To find the law as it was passed originally – called an ‘official version’.

• Legislation.gov.uk website– Public General Acts from 1988 onwards– Provides the historical text and some updated text

Updated text on the Legislation.gov.uk website is not as up to date as other sources, so shouldnot be relied upon for current law.

Finding Primary Legislation (an Act or statute) as it is enforced today

•Why? To find out how the law currently stands

•LexisLibrary (online)

•Westlaw (online)

•Halsbury’s Statutes – Printed source, Boots Library

Updating services that provide the current text of an Act – use these when you need to see how an Act is in force today.

Finding Secondary Legislation (a Statutory Instrument) in its original form

•Why? To find the details of how an Act worked in practice when it was passed – statutory instruments make Acts work

• Legislation.gov.uk website– Public General SIs from 1987 onwards

The Stationery Office Statutory Instruments are historical versions of SIs, with the text as it was on the day on which the SI was made.

Finding Secondary Legislation (a Statutory Instrument) as it is enforced today

•Why? To find the details of how an Act works in practice today

•LexisLibrary

•Westlaw

Updating services that provide the current text of a Statutory Instrument – use these when you need to check the current status of an SI.

Practical Time

I want to find…Case Law

Finding Case Law (how the law has been practised)

Search by name/subject:

•Westlaw

•LexisLibrary

•Lawtel UK

Select “Cases” to access summaries of some and full text of many other cases

Summaries of cases with links to copies of the original transcripts where available

Practical Time

Case Citations

Douglas v Hello! Ltd (No 1)

[2001] QB 967

[2001] 2 WLR 992

[2001] 2 All ER 289

[2001] EMLR 9

[2001] 1 FLR 982

[2002] 1 FCR 289

[2001] HRLR 26

[2001] UKHRR 223

9 BHRC 543

[2001] FSR 40

Times, January 16, 2001

Daily Telegraph, January 9, 2001

Hello! Ltd is the respondentDouglas is the appellant

Case Citations

Contain:

•The year the case was reported

•The volume number (where appropriate)

•The abbreviation of the law report series

•The page number where the law report starts

Case Citations

Douglas v Hello! Ltd (No 1)

[2001] QB 967

[2001] 2 WLR 992

[2001] 2 All ER 289

[2001] EMLR 9

[2001] 1 FLR 982

[2002] 1 FCR 289

[2001] HRLR 26

[2001] UKHRR 223

9 BHRC 543

[2001] FSR 40

Times, January 16, 2001

Daily Telegraph, January 9, 2001

Hierarchy of law reports (authoritative reports of legal decisions taken)

1. The Law Reports • Law Reports Appeal Cases• Law Reports Chancery Division• Law Reports Family Division• Law Reports Kings/Queens Bench

2. Weekly Law Reports

3. All England Law Reports

NB: this information is easiest to find in Weslaw (‘Cases’ > browse by ‘Law Reports and Transcripts’)

You should cite law reports according to the hierarchy in coursework and moots. If the law report you are referring to has not been cited in any of the “top 3” mentioned here then you can cite whichever law report series you have used.

Legal Abbreviations

Cardiff Index to Legal Abbreviations

www.legalabbrevs.cardiff.ac.uk

Don’t panic!