Cecilia Tellis, Law LibrarianBrian Dickson Law Library

CML 3319 : Advanced Legal Research

Winter 2011

English law

Colleen Addison, Law Librarian Brian Dickson Law Library

Class plan English law in general Secondary sources Legislation Jurisprudence

What is English law? -from 1536 on, includes Wales-1542 Ireland is conquered, but rebellions

continue-1914 Home Rule, the south governs itself,

Northern Ireland is governed by Britain-1707 Scotland joins England-1998 all jurisdictions get some limited

powers

Secondary sources

British Nationality

Encyclopedia– Halsbury’s Laws of England (4th edition)

• 5th edition not complete reprint• 3rd edition not available in our library, but VERY useful

Halsbury’s

Before 1981, children could not inherit citizenship through the mother

s. 50 of the British Nationality Act 1981: illegitimate children cannot inherit citizenship if born overseas

If you become a British citizen (i.e. naturalised), you have to speak EITHER English, Welsh, or Scottish Gaelic

You also have to be “of good character” – And there’s a case!

Halsbury’s cont’d

– Halsbury’s supplement Words and Phrases Legally Defined

• “good character” • “In one sense it refers to the mental and moral

qualities which an individual has. In another sense it refers to the individual’s reputation or repute…”

Encyclopedia

Current Law Yearbook– Divided by year– Includes:

• Table of cases• Table of statutory instruments• Unreported cases• Dates of commencement (coming into force dates): Statutes• Summary information about cases, legislation, • Words and phrases (in with summary info)• Books and articles

Current Law Yearbook

Examples: ALIENS (actually an English legal definition)

55. British Nationality Act 1981 (c.61)– This Act makes fresh provision about citizenship and

nationality and amends the Immigration Act 1971. • Pt. I (ss. 1-14 concerns British citizenship; s. 1 concerns

acquisition by birth or adoption; s. 2…

Etc.

Current Law Yearbook

Examples: 44. Undertaking by public

authority—obligation to fulfill—failure—challenge– N entered Hong Kong illegally from Macao. Then

the government announced a new policy of repatriating illegal immigrants…

• ATT.-GEN OF HONG KONG V. NG YUEN SHIU [1983] 2 W.L.R. 735, P.C.

Current Law Yearbook

Examples: – Books and Articles

• ALIENS,– British nationality—the 1981 Act (R. Trost): 133 New L.J. 3.

Dictionaries

Stroud’s Judicial Dictionary of Words and Phrases *note this does not link up nicely with Halsbury’s Includes: Table of abbreviations, dictionary definitions

Example: GOOD CHARACTER. Under the Beerhouse Act 1834 (c. 85) “character” meant the estimation in which a man was held by those who were acquainted with him and it was not open to the court to pry into the secrets of a man’s conduct (Leader v. Yell 33 L.J.M.C. 231).

Dictionaries

Her Majesty’s Court Service– http://www.hmcourts-service.gov.uk/infoabout/

glossary/index.htm • Google “her majesty’s court service legal language”

– Fewer, more common terms

Her Majesty’s Court Service

Guarantor Someone who promises to make payment for another if payment is not made by the person responsible for making the repayments of a loan or hire purchase agreement

Guardian A person appointed to safeguard/protect/manage the interests of a child or person under mental disability (see Next Friend)

E-Journals

Oxford Journal of Legal Studies (1998-)

Cambridge Law Journal (1997-) Law Quarterly Review (old! 1885-

1935) Modern Law Review (2005-)

Sample articles

What is My Nation? Who Talks of My Nation? British Nationality Act 1981

Thick, Thin and Thinner Patriotisms: Is This All There Is?

Race and Nationalism The Treatment of Foreign Terror

Suspects

Secondary sources

Legal Journals Index– FTX Ref / KD 59 .L44 – Also located online in Westlaw

Legislation

In general

Title of law: Before 1962: usually year of reign and chapter

number; sometimes title year – e.g. 6 Edw. VII., ch. 1.

After 1962: title, year – e.g. British Nationality Act 1981

In general

There are no acts that read: Amendment Act

Acts do amend and present new laws British Nationality Act 1981 replaces the

British Nationality Act 1948 Recent changes might be covered by a

new act

Legislation online

http://www.legislation.gov.uk/– Google UK legislation

http://www.bailii.org– Google Bailii

Caselaw

Britain’s judicial system

SUPREME COURT (present day)

HOUSE OF LORDS (until June 2009)

COURT OF APPEAL

Criminal Division / Civil Division

CROWN COURT (70)

MAGISTRATES COURT (400)

HIGH COURTFamily (divorce, children, wills) / Chancery (wills, debt, intellectual

property) / Queen’s Bench (tort, contracts)

COUNTY COURT (250)

Law reporters Law Reports (1865-)

All England Law Reports (1936-)

English Reports (1220-1865)

Law reporters, cont’d All England Law Reports Reprints

(1558-) Law Times Reports Weekly Law Reports

Case summaries

The Digest– Case summaries from the Commonwealth

Cases

Supreme Court website– http://www.supremecourt.gov.uk/decided-cases/

index.html

House of Lords websitehttp://www.publications.parliament.uk/pa/ld/

ldjudgmt.htm

Legislation and Caselaw resources BAILII : British And Irish Legal Information Institute

Justis