Research Process

Question 1

Step 1: Start
Step 2: Read
Step 3: Return

Answer 1

-Identify keywords!
- read articles on it
- read the relevant cases/ and of statute
- return to books, encylopedias, articles

Question 2

Should you start with a primary source or scondary?

Answer 2

Secondary! easier to comprehend and find (articles, reliable websites, textbooks)

Question 3

Questions to ask about secondary sources!

Answer 3

• iS THE INFO USEFUL
• WHO WROTE THE INFO
• DOES THE WRITER HAVE BIAS?
• IS INFO CURRENT (recent dates? has the statute been updated? IT NEEDS TO BE WITHIN 100 YEARS!!)
• Jursidiction? (is it within canada - quebec?)

Question 4

How to do this?

Answer 4

Think about analogy and showcase relevant critical thinking skills!

Question 5

Sign up to Lexology

Answer 5

provides short snippers on all the blod posts across canada andsummarizes thoughts on cases

Question 6

Legal encyclopedias!

Answer 6

become besties with legal encyclopedias!! entries are shorter than in books! makes it easier to find relevant cases!

Question 7

WHICH LEGAL RESEARCH DATABASES ARE FREE

WHICH ARE SUBSCRIPTION BASED?

Answer 7

Canlii is free but dont use it!

quicklaw and westlaw

Question 8

which database includes CED?

Answer 8

westlaw

Question 9

what is the value of case law?

Answer 9

Typically statutes are really tough to read, and case law is the law directly associated with the statute that is in readable enlgish!!
-> comment, interpret, and explain the legislation

-> this is what yolu should respond to when shit hits the fan

Question 10

Case vs decision

Answer 10

Cases can be made of more than 1 decision!

example of decisions:
-> decisions at higher level of courts whhen the decision was appealed from a lower court
-> sometimes you may have dissenting opinions in appeal cases (do not cite this because this is not law!)

Question 11

can you find cases just online?

Answer 11

NO!

Question 12

steps of negligence analysis

How to do case study:
identify the step, identify the legal test, determine what a reasonable person would do, find case law and use analogical reasoning to support analysis

If there are multiple defendants, analyze one defendant first then next!

explain things as if someone doesnt know the legal tests!!!! as if its so mindblowiingly obvious-> flesh out the facts SO clearly

Answer 12

1. duty of care; was there a legal obligation to take reasonable
   care during an activity!
   : many activities and relations arise a duty of care!
   : unsure? Neighbour principle- if someone is our legal neighbour (someone in society who will be hurt by my act if i don’t do them with a duty of care) we must take care of them

2.standard of care: what would a reasonable person with all the facts in the case do in this scenario?? (wwrpd test)

3. Causal connection: is there proof that breach of defendant standard of care caused harm to plaintiff? (but for test: okay but besides the breach of standard of care would the plaintiff still been injured!?!)

Damages&foreseeability: did the plaintiff suffer a conpensable loss? were the types of damages suffered foreseeable or remote?

Question 13

After the 4 steps of legal analyssi swhat do you do?

Answer 13

Talk about contributory negligence!
Definition
Defences
Legal test for the defences
Facts you want to explore
Analysis: did the PLAINTIFF act in a reasonable way or did they contribute to the harm
Conclusion (may be defnitive or may be greay area! both are okay)