Legal Research - 1

Question 1

Problem solving model

Answer 1

Identify the objective

Gather relevant facts

Identify relevant law

Apply law to facts

Identify solutions

Consider advantages and disadvantages

Advise on the most appropriate solution

Present solution in appropriate form

Question 2

Knowing where to look

Answer 2

Start with overview -
Halsbury Laws and Practitioner Works

Then look at primary sources
- statutes and case law.

Question 3

Relevant facts

Answer 3

Witnesses

Documents

Experts

Question 4

Identify relevant law

Question 5

Apply law to the facts

Answer 5

Must consider re-assesing throughout the process

Question 6

Identify possible solutions

Answer 6

Ensure no alternative is missed

Question 7

Consider advantages and disadvantages

Question 8

Advise on most appropriate solution

Answer 8

Outline varying costs and benefits

Question 9

Present solution in most appropriate form

Question 10

Effective methods

Answer 10

Search terms

Using indexes

Make sure to record the research trail

Question 11

Research trail

Answer 11

(a) the date the research was carried out (especially important with Internet sources, where
content may change daily);
(b) full citations for legislation, case law and other primary sources consulted;
(c) for books: the author, title, edition, year and publisher;
(d) for journal articles: the title of the journal, title of the article, author, year and volume
number;
(e) for databases: the name of the database, and the name of the section of the database
(for example, UK Parliament Acts on Lexis + Legal Research);
(f) keywords used during searches;
(g) page references or website addresses for key pieces of information;
(h) dates of publication (including the date of the latest release for a loose-leaf source); and
(i) any dates to which the law as stated is claimed to be up to date by the publisher.

Question 12

Searching online databases

Answer 12

Think of keywords

Truncation - pollut! instead of polute / pollution

Connectors -
and - narrows
or - expands
not - narrows and eliminates

Field teaching

Phrase searching - ‘’ breach of contract ‘’ (double quotation)

Avoiding stop words
common words avoided - ‘is’ and ‘have’

Refining the search

Question 13

Official websites

Answer 13

British and Irish Institute of Legal Information (www.bailii.org)
* legislation.gov (www.legislation.gov.uk)
* Ministry of Justice (www.gov.uk/government/organisations/ministry-of-justice)
* UK Parliament (www.parliament.uk)
* UK Supreme Court (www.supremecourt.uk)
* EUR-Lex (eur-lex.europa.eu/homepage.html)

Question 14

Business information

Answer 14

Financial Times

Companies House

The Gazette

Question 15

Research sources

Answer 15

-

Question 16

Primary

Answer 16

Legislation

Cases

Question 17

Secondary

Answer 17

Commentary

Question 18

Hapsburg Laws of England

Answer 18

Narrative statement

Lexis+

Summarise the law

Question 19

Practitioner Law

Answer 19

Overview documents (summarise)

Check cut-off date.

Question 20

Legislation

Answer 20

Primary legislation -
passed by parliament in form of acts

Secondary legislation -
Powers delegated by Parliament.

Check in force.

Question 21

Halsbury’s statutes

Answer 21

Consolidated index

Main volumes

Cumulative supplement

Noter-up

Question 22

Citing unreported cases

Answer 22

Not permit to cite only if it ‘contains a relevant statement of legal principle not found in reported authority’

Law Report preferred.

Question 23

Case law

Answer 23

Check for updates

Question 24

EU law

Answer 24

Before 11:00pm on 32 December if applied directly or indirectly then it is retained in UK law.

EUR-lex

Question 25

Legal research

Answer 25

-

Question 26

State relevant facts and apply the law

Question 27

Legal reasoning

Answer 27

Explain why and how.

Refer to key sources and authorities