Effective Legal Research Flashcards
What should all legal research start with?
Analysis of the client’s problem, identifying the research issues and the search terms you will use before you start.
This allows the researcher to narrow down the actual questions to answer.
Be specific as possible
What happens after you identify the client’s issues?
Need to compile a list of words and phrases you will use in your research.
Particularly important when it comes to searching electronic resources.
Important to avoid general words and phrases.
How to search an electronic resource?
Many search engines and online databases use “Boolean” searching which uses the “operators” AND, OR and NOT to narrow the search.
- AND - result include both terms and ignored any result that only includes one of the terms
- OR - the results include either term and produced results that mention either of the terms
- NOT - the result will include the first term but not the second
“Double quotation” marks will allow a search for the exact phrase.
(Brackets) can be used to produce a search incorporating more than one operator
How to research the problem?
If sources are limited - choose the most reliable secondary source to start.
If there is a wide choice - choose the one that’s easiest to work with.
Identify at least two secondary sources to begin.
Start by using the index (hard copy) or search facility (electronic) to Kim the key phrases.
Skim reading will help identify the parts of the text which are most important.
Go back and read in detail and make a summary of what is found to include in research.
Important to compile a list of primary sources when going through the secondary sources.
What should be included in your record making when conducting legal research?
- Research resource details
- Word / phrase used
- Results - either the index or electronic results
- Summary of what is found
- A list of primary sources
How to report on legal research?
Common ways of reporting your legal research are a memo to supervisor or a letter / email to client.
Consider audience - the tone of advice should be suitable.
A memo to supervisor should include summary of secondary and primary sources.
It should include paragraphs and subheadings.
A letter of advice should include a summary of instructions, headings to cover aspects of advice and conclusion / next steps.
What is intellectual property?
Important to reference correctly to avoid plagiarism.
Intellectual property is a name for things crater using the mind, such as writing, designs, branding and inventions.
The main legislation in the UK is Copyright, Designs and Patents Act 1988.
Copyright is not registered and not all work needs to have the copyright symbol.
The owner of the copyright is usually the creator but - if the work is created by an employee during their employment - the author is taken to be the employer and not the employee.
Some copyright exceptions require people to meet a test of fair dealing.
What are the common case citations?
Case citations help to locate the relevant case report. They can be law report specific or neutral.
s - section
ss - sections
reg - regulation
regs - regulations
r - rule
rr - rules
Art - article
Arts - articles
sch - schedule
para - paragraph
Case law citations:
AC - Appeal Cases
All ER - All England Law Report
Butterworths Company Law Cases - BCLC
TLR - Times Law Report
Common neutral citations:
UKSC - Supreme Court
EWCA Civ - Court of Appeal - Civil Division
EWCA Admin - Court of Appeal - Administrative Court
UKHL - House of Lords
