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LPAB – Understanding Legal Language and Legislation – Legal Research Class – 22 November 2013 and 24 January 2014. Session Coverage General legal research revision Finding cases and journal articles Legal citation Researching legislation. - PowerPoint PPT Presentation
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LPAB – Understanding Legal Language and Legislation – Legal Research Class – 22 November 2013 and 24 January 2014
Session Coverage
• General legal research revision
• Finding cases and journal articles
• Legal citation
• Researching legislation
What do law firms think of the legal research skills of
graduates???
• “Research skills of grads are very poor. I find I have to take them right back to basics including how case law works and how legislation comes into existence.”
• “ They tend to rely on Google and AustLII - no sense of the availability of journal articles, loose-leaf commentary, seminal textbooks etc.”
• “...a lack of hands on experience with legislation.... they don't understand how to read notes tables”
• “They can find cases but still get confused by medium neutral citations.”
• “While Google is popular so is Wikipedia. I even saw a Federal Court case, where the lawyers had done their research on Wikipedia.”
• “They can be very gung-ho and announce they know everything about legal research - everything's on LexisNexis right?”
Interpreting a case citation
Swain v Waverley Municipal Council
(2005) 220 CLR 517; [2005] HCA 4
Interpreting a case citation• Two main types of case citation- Law report citation- Medium neutral citation (court)
Swain v Waverley Municipal Council
(2005) 220 CLR 517 – law report[2005] HCA 4 – medium neutral
Steps for Finding cases:
• What is the abbreviation?? (see Law Library – Free Web Law – Legal Abbreviations)
• Australian or UK or other??
• Law report or medium neutral citation
Steps for Finding cases (cont):
• Law Report: Law Databases – Law Reports A to Z
• Medium Neutral Citation Law Databases – Cases - AustLII
• UK case - Law Databases – Cases – ICLR Online
CaseBase and FirstPoint
• To obtain extra information about a case
• To find cases by subject
Finding Journal Articles• When you already have a citation
- ‘Journal’ search on library catalogue. Search title of journal NOT title of article
• Searching for journal articles by subject
-Law Databases – Journal databases and news Services – eg. AGIS Plus Text (Australia) and LegalTrac (international)
Legal Citation• There is no single standard in Australia for
legal referencing.
• However, it is important that all citations made within one document are consistent in style
• Australian Guide to Legal Citation (3rd edition) (AGLC3) is the most commonly used citation style for Australian law schools and legal publications.
Case lawAGLC3 Citation Style:
Reported Judgments:
• Swain v Waverley Municipal Council (2005) 220 CLR 517
Unreported Judgments:
• Swain v Waverley Municipal Council [2005] HCA 4
Books
AGLC3 Citation Style:
• Dennis Pearce and Robert Geddes, Statutory Interpretation in Australia (Lexis Nexis Butterworths, 7th ed, 2011).
Journal articlesAGLC3 Citation Style:
• Miranda Kaye, Julie Stubbs and Julia Tolmie, ‘Domestic Violence and Child Contact Arrangements’ (2003) 17(2) Australian Journal of Family Law 93, 95.
Legislation
• Bills•Statutes•Delegated Legislation•Related Parliamentary materials
BillsBills are a draft of a proposedstatute.
• Civil Liability Bill 2002 (NSW)
Acts / Statutes
Terms are interchangeable – referto enactments of Parliament
• Civil Liability Act 2002 (NSW)
Types of ActsTwo main types:
Principal Act:
An Act that deals comprehensivelywith a given area of law.
Civil Liability Act 2002 (NSW)
Amending ActAn Act that alters the operation ofan earlier Act by:- substituting or inserting words- omitting or repealing provisions
Civil Liability Amendment Act2006 (NSW)
Delegated LegislationExamples include: regulations, rules, ordinances, by-laws
Laws made by a person or body towhom Parliament has delegated law-making authority.
Civil Liability Regulation 2009 (NSW)
Finding Acts and Delegated Legislation
Commonwealth Legislation• ComLaw• AustLIINSW Legislation• NSW Parliamentary Counsel’s Office• AustLII
Basic Boolean connectors: AND – combining concepts
Eg. murder and defences
OR – for similar concepts and synonymsEg. murder OR manslaughter
NOT (sometimes AND NOT) – leaving out conceptsEg. Murder NOT provocation