CML 1101: Principles of Legal
Research (2010-11)
Introduction to legal research
C. Addison, A. Fleichman,
Cecilia
M.-A.Tellis,
Sheppard,
Law J.Librarian
Lavigne
Brian Dickson Law Library
Brian Dickson
: CML 1101,
Law 2010-11
Library
Outline
 review of syllabus and introduction to the course
structure
 the basics of legal research
 categories of law (substantive / procedural /
evidentiary)
 primary vs. secondary sources of law
 paper vs. computerized sources of law
 overview of sources in law
 general strategies for researching legal
questions
 registration for online research services
Review of syllabus
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Contact information
Course materials
Evaluation
Rules for the completion of assignments
Weekly outline
– division of students into Tutorial A and Tutorial B
Virtual Campus
Virtual Campus
Why this course is important
 Research is fundamental to a lawyer’s
work
 But, more immediately…
– More opportunities for work/credit as a student:
• Ottawa Law Review
• Law & Technology Journal
• Canadian Internet Policy and Public Interest Clinic
• Internships
• Pro bono
• Legal aid clinic
• Dean’s Legal Research and Writing Fellowship
Other reasons this course is
important?
 efficient research = efficient use of client
$$$
 credibility (professional and personal)
 professional liability
Meet the Rules!
 Rules of Professional Conduct
• Rule 2: Relationship to Clients
– “competent lawyer”
The legal research process
The basics of legal research
1. Identify issues based on a fact pattern
or problem;
2. Identify the appropriate research tools,
both in print and online, and know how
to use them;
3. Read and understand the sources to
which your research has led; and,
4. Apply the law to the fact pattern or
problem.
For more information, consult: Thurgood Marshall Law Library Guide to Legal Research – 2009 – 2010, online:
http://www.law.umaryland.edu/marshall/researchguides/TMLLguide/chapter1.pdf.
Some examples
 Typical law school problems tend to be
fairly academic in nature:
– When do security liens under the Personal
Property Security Act apply to chattels?
– What remedies are available following a tort in
negligence?
– Is a contract drafted on a paper napkin
enforceable?
– What is the “thin skull” rule and when does it
apply?
Some more examples
 In legal practice, legal problems are
often more “hands-on”:
– What is the official name of a person or company
your law firm is trying to sue, and in what
jurisdiction are they located?
– Is there an execution against the vendor of real
property that your client is purchasing?
– How can you arrange for an expert witness to
testify at trial about quantification of damages?
Categories of law
Private law
Substantive law
Public law
Procedural law
Evidentiary law
Substantive law
 Legal rights and obligations; legal rights
may be enforced by way of legal
proceedings, to which substantive law sets
out the defences
– ex.: What are the elements of the tort of assault?
What are the applicable defences?
 Subdivided into public and private law
– Public law governs the relationship between persons
and the state
– Private law governs the relationship between persons
Definitions: Margaret Kerr, JoAnn Kurtz & Arlene Blatt, Legal research: step by step, 3d ed. (Toronto: Emond Montgomery, 2010) at 5.
Procedural law
 Sets out the procedure that a party must
follow to enforce his or her rights in a
court proceeding or to defend a
proceeding
– ex.: What steps must be taken to pursue an action
in tort? What documents must be filed to start
the action? How long can you wait before filing
with the court? When must the defence be filed?
Definition: Margaret Kerr, JoAnn Kurtz & Arlene Blatt, Legal research: step by step, 3d ed. (Toronto: Emond Montgomery, 2010) at 5.
Evidentiary law
 Sets out the manner in which facts are
proved in a trial or a proceeding
– ex.: What kinds of questions may you ask a
witness at trial? Who may appear as a witness at
trial? What may or may not be taken into
consideration by a judge?
Definition: Margaret Kerr, JoAnn Kurtz & Arlene Blatt, Legal research: step by step, 3d ed. (Toronto: Emond Montgomery, 2010) at 5.
Sources of law
 3 main sources of Canadian law:
– statutes (laws) passed by federal Parliament or
provincial legislature
– regulations made at either the federal or
provincial government level
– decisions made by judges (case law)
Primary sources
But wait! There’s more…
 Secondary sources provide
interpretations of case law and/or
legislation
– textbooks, reports, government documents,
articles, etc.
 A vast array of finding tools will help
you locate these primary and secondary
sources
– Library catalogue, periodical indexes, search
engines, legal gateways/portals, case digests
Paper vs. electronic research
Paper
Electronic
PROS:
Better at providing context and
explaining a broad area of the law.
More comprehensive, especially for
older cases and statutes.
Cost to use is low.
PROS:
Very current.
Include unreported decisions.
Cross-indexing of information is
already done for you.
Easy to pinpoint information in a
large group of documents.
CONS:
Not as current.
Not as easy to search.
CONS:
Not always be available.
Coverage is sometimes limited.
Can be expensive to use.
Paper vs. electronic research
 Use paper sources to find general
statements of the law. (Or an electronic
version of a book.)
 Use electronic sources to find and
update statutes and regulations, as well
as to update cases.
 Use both paper and electronic sources to
find additional cases or to locate the text
of the case once you have a citation.
The Four C’s of good legal research
orrect
omprehensive
redible
ost-effective
Source: Christina Kunz et al.,The Process of Legal Research, 6th ed., (New York:
Aspen Publishers, 2004) at 6.
When can I stop researching?
 When you have used a variety of
appropriate sources
 When you are finding the same
authorities over and over again
 When cost exceeds benefit, i.e. you run
out of time
Homework for tutorial
 Exercise:
– Read the case that is assigned to you and be
prepared to give a 1-minute synopsis on what
the judge says about the importance of legal
research and a counsel’s duty to his or her client
and the administration of justice (i.e. ignore any
substantive law issues)
•
•
Lougheed Enterprises Ltd v Armbruster (1992), 63
BCLR (2d) 316 (CA).
World Wide Treasure Adventures Inc v Trivia Games
Inc (1987), 16 BCLR 135 (Sup Ct).
Homework for tutorial
 Read Modules 1 and 2 in Virtual Campus
and complete any associated quizzes in
the modules
– 1: The Research Process
– 2: Using Keywords & Boolean Operators
 Read McGill Guide, Part 1: General Rules
 Be prepared to discuss and ask any
questions of your TA
Homework for tutorial
 Connect your laptop to the wireless network and set up printing
– http://www.ccs.uottawa.ca/connect/wireless/support.html and
http://www.biblio.uottawa.ca/content-page.php?g=en&s=ftx&c=faq-sansfilprint
 Register for LexisNexis/Quicklaw
– Choose “Login” at http://www.lexisnexis.ca/lawschools/lawschools.php, then
“Register Now”, then follow instructions
– You MUST register from one of the library computers!
 Register for Westlaw Canada
– Use the address on the card given to you in class, and follow the instructions
(can do this from any computer)
 Problems? Want more information? Mary Régimbald and Julie
Lavigne will hold drop-in sessions in the small computer lab (FTX
419A) during regularly-scheduled tutorial times in September.
Go the week you are not in your tutorial if you need help!