ADVANCED LEGAL RESEARCH
08-98-891-01
WINTER 2016
THIS IS AN ONLINE COURSE
Instructor: Annette Demers, B.A., LL.B., M.L.I.S.
Office: Law Library Room 1135
Telephone: 519-253-3000 ext.2976
E-mail: ademers@uwindsor.ca
Office Hours: Tuesday & Thursday 9:00 – 10:00 am or by appointment
Teaching Assistant: Mornelle Lee lee14a@uwindsor.ca
Administrative Support: Connie Beaudoin ext 2972 connieb@uwindsor.ca
About the Course
a) Course Description
Advanced Legal Research is an opportunity for upper-year law students and transfer students
to refresh their legal research skills prior to entering the practice of law. This course will
provide a refresher of basics learned in first year of law school, plus more details, more depth
and more opportunities to practice. In particular, the course will focus on developing research
skills in the area of federal and provincial legislation and regulations; court and tribunal
decisions; and other topics which may include secondary sources, forms and precedents,
public records and more. The emphasis is mostly on online sources which will be used in
practice.
b) Pedagogical Approach
This course is broken down into skill-specific modules. Most modules will take approximately 2
hours to complete. A series of online prepatory videos are provided, which discuss the content
of the module and how it is used in practice.
The first day of each module will usually be spent working on practice exercises to solidify
student learning and skills development. These practice days are an essential part of the
course which is intended to develop your skills by applying what you have learned in a timecontrolled setting.
The second day of each module will be spent working on assigned components of a larger
research project, which is designed to place your new legal research skills in the context of a
larger research project.
Practice exercises are the primary way that you will be learning in this class.
c) Primary Learning Outcomes
At the end of this course, students should be able to:
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Understand a lawyer’s ethical and professional obligations when performing legal
research
Learn about fact gathering and issue analysis
Understand and apply best practices for legal research project management
Understand the practice context of legal research
Understand and define the term “official” in reference to federal statutes
Recognize publications for federal legislative materials
Identify the three levels of government and their lawmaking role
Locate, analyze and work with federal annual and consolidated statutes
Locate, analyze and work with federal regulations
Understand the operation of time in legal matters
Understand and define the term “official” in reference to Ontario statutes
Recognize publications for Ontario legislative materials
Locate, analyze and work with annual statutes and consolidations for Ontario
Locate, analyze and work with Ontario regulations
Understand the meaning of “official” in relation to sources for judicial decisions
Learn the McGill Guide rules for citing and providing pinpoint references for judicial
decisions
Find judicial decisions in print and online
Understand when it is necessary to determine the history of a case
Analyze a case in order to determine its history
Understand when it is necessary to cite prior and subsequent history of a case
Cite the prior and subsequent history of a case
Understand why and when it is necessary to note up a case
Note up a case
Analyze the judicial consideration of a case
Understand when to note up a statute
Note up a statute
Analyze the judicial consideration of a statute
Locate administrative tribunal decisions
Understand how secondary legal materials are organized and accessed:
o Encyclopedias and dictionaries
o Texts, annotations, loose-leaf services, CLE materials
o Law journals
o Alert services
o Secondary legal materials optimized for mobile devices in legal practice
Understand how to cite secondary legal materials
Find, optimize and cite secondary sources
Find court rules, forms and precedents
Apply research tools to particular types of problems and design research strategies
For detailed Objectives for each class, please see the detailed daily plan below.
Class Announcements
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Announcements will be sent by e-mail only. Please check your official University of Windsor e-mail or
Blackboard site on a regular basis. Students are deemed to have been given notice of class
announcements on the day an announcement is posted or distributed.
Online Course Page
Most of the videos, notes, announcements, assignments and quizzes as well as administration for
this course will be handled via Blackboard. http://www.uwindsor.ca/blackboard. You will need your
Uwin ID and password to access the site. (please contact Registrar’s Office if you cannot access the
page to confirm registration in the course).
By the end of the first week of classes, please ensure that you have accessed the course
page. A colour-coded version of the Syllabus is also presented there.
Course Materials
Required:
 Videos and Class Notes provided on Blackboard.
 *McCarney, et al. The Comprehensive Guide to Legal Research, Writing and Analysis, (Emond
Montgomery, 2013). (2 volumes – you will be using the Ontario volume 2 as well).
 *McGill Law Journal. Canadian Guide to Uniform Legal Citation, 8th ed (Scarborough:
Carswell, 2014).
 a computer with internet connection
 your passwords for Quicklaw and WestlawNext Canada.
Note: *These titles have been ordered at the bookstore for you.
Conflict of Interest Statement: Annette Demers is a co-author of the required class textbook
(Emond).
Conduct
Collaboration
Some collaboration is permitted while working on practice assignments; however, unless otherwise
stated, no collaboration or copying is permitted when providing answers to any assignment or quiz.
Assignments
All assignments are to be uploaded to Blackboard by the deadline specified.
Recommended Work Approach to This Class
Set aside at least 1.5 hours, three times per week to work on this course. This course operates using
two weekly deadlines with short assignments to ensure strict adherence to the class schedule. There
is much content to cover in this class.
Organization of Modules
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Here is the order in which you will generally approach the requirements for each week:
1. Review the class text and video lectures.
2. Work on the practice assignment for that week (learning the discreet skills associated with that
module) (due Thursday at 5pm).
3. Complete the Quiz for that week (demonstrating your recall of the material for that week) (due
Thursday at 5pm).
4. Complete the Research Project Component for that week (building a higher-level approach to a
research project). (due Monday at 5pm)
5. Mark your practice assignment (due the next Monday at 5pm).
6. Mark your research project component (due the next Thursday at 5pm).
General Schedule of Deadlines
Monday at 5pm - Research Component for last week. Marked Practice Assignment for last week.
Thursday at 5pm -Quiz for this week. Practice Assignment for this week. Marked Research
Component for last week.
Marking Your Assignments
When you upload a practice assignment or a research project component to Blackboard, the Answer
Sheet will be made available to you. The Answer sheet includes: a marking grid and highlighted
answers for each question. Each highlighted portion is worth one mark. Here is a sample marking
grid.
Question Number
1
2
3
Total
Total Marks Available
/4
/3
/5
/12
My Grade for This Question
My Grade:
Handing in the Marked Version
Each marked assignment should include: 1. The assignment, marked; 2. the marking grid, filled in;
and 3. the required coversheet, filled in; combined as a single PDF or Word document, and saved
using the filename specified in the instructions.
To locate the coversheet, visit the Blackboard site, and click on Practice Assignments. The second
document listed on this page is the Assignment Marking Coversheet.
For more information about how to upload an assignment to Blackboard, see:
https://en-us.help.blackboard.com//Learn/9.1_2014_04/Student/060_Assignments/010_Submit_Assignments
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One-on-One “Check-In Meetings”
Expect to receive a communication from Connie Beaudoin, Secretary to the Associate Dean, Law
Library and Legal Research Services, at least twice during the term. Connie will be arranging
individual meetings between the instructor and each student to ensure good communication and
support for all students throughout the year. Individual check in meetings will be scheduled during
office hours, or during other mutually agreeable times.
**UNLESS OTHERWISE STATED, THE TIME OF DAY FOR ALL DEADLINES LISTED IN THE
DETAILED COURSE LISTING BELOW- is 5:00 pm.**
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Class Schedule, Detailed Course Objectives and Readings Schedule
January 4
Objectives for This
Week
Preparation
Activity
Deadline:
January 7
Preparation
Activity
Deadline:
January 11
Objectives for This
Week
Preparation
Activity
Deadline:
Introduction to the Course
Introduction:
Review the syllabus and overview of the course
Structure of the textbook and use of the Glossary
Understand legal research as a skill of a competent lawyer
Think about and discuss “what is advocacy?”
Think about and discuss “what information does a competent lawyer
need?”
Understand the ethical and professional implications of the duty to
disclose (Rules of Professional Conduct)
Understand the practice context of legal research
Understand how to effectively manage a legal research project.
Apply research tools to particular types of problems and design
research strategies.
LSUC Rules of Professional Conduct:
Rule 3.1-1
Textbook:
Becoming a Competent Lawyer (pages 1:3 – 2:12)
4 Videos
Research Plan and Log
Discussion Board Week One Posting (optional)
Nothing due today.
Introduction to the Course
Introduction to the Research Project (Document on Blackboard)
Video: Tyler Jacobs Intake Interview
Research Project Component #1
Nothing due today.
Federal Lawmaking and Bill Tracking
Federal Lawmaking:
Understand and define the term “official” in reference to federal statutes
(Legislation Revision Act)
Understand authoritative publications for legislative materials
Identify the three levels of government and what law they create
Articulate how a bill becomes a law in Canada (federal)
Identify the sources in which legislative materials are published
Find the status of a bill
Understand when to complete a legislative history
Learn how to compile a legislative history
Textbook:
Meaning of Official, Authoritative and Unofficial (pages 3:29 – 3:36)
Tracking Federal Bills (pages 3:3 – 3:9, 3:18 – 3:24)
Legislative History (pages 4:47 – 4:56)
Videos: Federal Legislative Research Parts 1 - 3
Practice Assignment #1
-Practice working with bills and Debates.
Research Project Component #1
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January 14
Activity
Deadline:
Federal Lawmaking and Bill Tracking
Research Project Component #2
Quiz - Federal Lawmaking
Practice Assignment #1
Research Project Component #1 -Marked
January 18
Objectives for This
Week
Federal Annual Statutes and Coming into Force
Understand when to use annual statutes
Learn how to find official versions of annual statutes online and in print
Learn how to find unofficial versions of annual statutes online
Learn the processes that bring federal legislation into force
Learn how to locate commencement information for statutes
Locating Annual Statutes (pages 3:10 – 3:13)
Coming into Force (pages 3:13 – 3:18, 3:24 – 3:25)
Videos: Federal Annual Statutes Parts 1-3
Practice Assignment #2:
-Practice finding federal annual statutes
-Practice locating commencement information for federal statutes.
Practice Assignment #1 - Marked
Research Project Component #2
Federal Annual Statutes and Coming into Force
Research Project Component #3
Quiz - Federal Annuals and CIF
Practice Assignment #2
Research Project Component #2-Marked
Preparation
Activity
Deadline:
January 21
Activity
Deadline:
January 25
Objectives for This
Week
Amended Federal Legislation
Articulate how federal laws are amended in Canada
Articulate how revisions and consolidations come into force
Understand when it is necessary to identify amendments to a statute
Identify amendments to a statute
Locate amended federal legislation
Update amended federal legislation
Preparation
Activity
Understanding and Locating Amended Federal Legislation (pages 4:1
– 4:18)
Videos: Federal Consolidations and Revisions, Parts 1-3
Practice Assignment #3
-Practice locating amended federal statutes
-Practice identifying amendments to a statute
-Practice working with tools to understand amendments
-Analyze an amending statute
Deadline
Practice Assignment #2 -Marked
Research Project Component #3
January 28
Activity:
Deadline:
Amended Federal Legislation
Research Project Component #4
Quiz - Federal Amended Legislation
Practice Assignment #3
Research Project Component #3 Marked
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February 1
Objectives for This
Week
Preparation
Activity
Deadline
February 4
Activity
Deadline
February 8
Objectives for Today
Preparation
Activity
Deadline
February 11
Activity
The Operation of Time in Legal Matters
Understand the operation of time in legal matters
Operation of Time (pages 4:31 – 4:36)
Backdating (pages 4:40 – 4:44)
Videos: Operation of Time
Practice Assignment #4:
-Practice locating prior versions of federal statutes
-Practice backdating federal statutes
-Apply the steps to take to complete historical federal legislative
research (Backdating)
Practice Assignment #3 -Marked
Research Project Component #4
The Operation of Time in Legal Matters
Research Project Component #5
Quiz - The Operation of Time
Practice Assignment #4
Research Project Component #4 Marked
Federal Regulations
Understand how federal regulations are made
Understand the relationship between an enabling Act and a regulation
Understand when to look for a regulation
Locate federal regulations – as registered
Locate commencement information for a regulation
Understand how federal regulations are amended, consolidated and
revised
Locate revised and consolidated regulations
Locate amendment information for a regulation
Update a regulation
Locate prior versions of regulations
Understanding how a Regulation becomes Law (pages 3:25 – 3:28)
Understanding and Locating Federal Regulations (pages4:18 – 4:23)
Understanding and Locating Amended Federal Regulations (pages
4:23 – 4:31)
Operation of Time (pages 4:37 – 4:40, 4:45 – 4:47)
Videos: Federal Regulations Parts 1- 3
Practice Assignment #5
-Practice analyzing an enabling Act to locate regulations
-Practice locating regulations as registered and commencement
info
-Practice locating amended regulations
-Practice working with amendments to regulations
-Practice updating a regulation
-Practice locating prior versions of regulations
Practice Assignment #4 Marked
Research Project Component #5
Federal Regulations
Research Project Component #6
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Deadline
Feb 15
Quiz - Working with Federal Regulations
Practice Assignment #5
Research Project Component #5 Marked
READING WEEK
– NO CLASS
February 22
Objectives for This
Week
Preparation
Activity
Deadline
February 25
Activity
Deadline
February 29
Objectives for this
Ontario Lawmaking, Annual Statutes, and Coming into Force
Lawmaking, Legislative Histories:
Understand the term “official” in reference to Ontario statutes
Identify authoritative publications for Ontario legislative materials
Articulate how a bill becomes a law in Ontario
Find the status of bills
Identify the sources for Ontario legislative materials
Annual Statutes and Coming Into Force:
Learn how to find official versions of Ontario annual statutes online & in
print
Learn how to find unofficial versions of Ontario annual statutes online
Learn the processes that bring Ontario legislation into force
Learn how to locate CIF information for statutes
Introduction to Researching Provincial Legislation (pages 5:1 – 5:5)
Meaning of Official, Authoritative and Unofficial (pages ON:17 – ON:19)
Tracking Provincial Bills (pages ON:3 – ON:6, ON:13 – ON:16)
Locating Ontario Annual Statutes (pages ON:6 – ON:7)
Coming into Force (pages ON:8 – ON:12)
Videos: Ontario Legislative Research, Ontario Annual Statutes
Part One and Two
Practice Assignment # 6
-Practice reading and interpreting legislative materials.
-Practice locating official versions of Ontario annual statutes
-Practice locating unofficial versions
-Practice locating CIF information
Practice Assignment #5 Marked
Research Project Component #6
Ontario Lawmaking, Annual Statutes, and Coming Into Force
Research Project Component #7
Quiz - Ontario Lawmaking and Annual Statutes
Practice Assignment #6
Research Project Component #6 Marked
Amended Ontario Legislation
Articulate how laws are amended in Ontario
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Week
Preparation
Activity
Deadline
March 3
Activity
Deadline
Locate amended Ontario legislation
Identify amendments to Ontario legislation
Analyze an amending statute
Review when it is necessary to refer to prior versions of a statute
Locate prior versions of Ontario legislation
Understanding and Locating Amended Ontario Legislation (pages
ON:20 – ON:25)
Operation of Time (pages ON:25 – ON:28)
Backdating (pages ON:29 – ON:32)
Videos: Amended Ontario Legislation Part One and Two
Practice Assignment #7
-Practice locating amended Ontario statutes
-Practice locating prior versions of Ontario statutes
-Complete historical legislative research (Ontario) (Backdating)
Practice Assignment #6 Marked
Research Project Component #7
Amended Ontario Legislation
Research Project Component #8
Quiz - Amended Ontario Legislation
Practice Assignment #7
Research Project Component #7 Marked
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March 7
Objectives for This
Week
Preparation
Activity
Deadline
March 10
Activity
Deadline
March 14
Objectives for this
Week
Preparation
Activity
Ontario Regulations
Understand how Ontario regulations are made
Review the relationship between an enabling Act and a regulation
Understand when to look for a regulation
Locate Ontario regulations – as registered
Locate commencement information for a regulation
Understand how Ontario regulations are amended, consolidated and
revised
Locate revised and consolidated regulations
Locate amendment information for a regulation
Update a regulation
Locate prior versions of regulations
Understanding and Locating Ontario Regulations (pages ON:32 –
ON:36)
Coming into Force (pages ON:37)
Understanding and Locating Amended Ontario Regulations (pages
ON:37 – ON:42)
Operation of Time (pages ON:42 – ON:46)
Backdating (pages ON:47)
Videos: Ontario Regulations
Practice Assignment #8
-Practice locating unregistered Ontario regulations and finding
commencement information;
-Practice locating amended Ontario regulations and finding
amendment information;
-Practice locating prior versions of regulations.
Practice Assignment #7 Marked
Research Project Component #8
Ontario Regulations
Research Project Component #9
Quiz - Ontario Regulations
Practice Assignment #8
Research Project Component #8 Marked
Judicial Decisions Part One
Understand the meaning of “official” in relation to sources for judicial
decisions
Learn the McGill Guide rules for citing and providing pinpoint
references for judicial decisions
Understand when it is necessary to determine the history of a case
Learn how to analyze a case in order to determine its history
Understand when it is necessary to cite prior & subsequent history of a
case
Learn how to cite the prior and subsequent history of a case
Meaning of Official, Authoritative and Unofficial (pages 6:4 – 6:7)
Judicial Decisions Citation (pages 6:7 – 6:13)
Videos: Judicials Decisions Citation Parts 1 and 2
Practice Assignment #9
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Deadline
March 17
Activity
Deadline
March 21
Objectives for This
Week
Preparation
Activity
Deadline
March 24
Activity
Deadline
March 28
Objectives for This
Week
Preparation
Activity
Deadline
March 31
Activity
Deadline
-Practice analyzing cases in order to determine history.
-Practice citing the prior and subsequent history of a case.
Practice Assignment #8 Marked
Research Project Component #9
Judicial Decisions Part One
Research Project Component #10
Quiz - Judicial Decisions Part One
Practice Assignment #9
Research Project Component #9 Marked
Judicial Decisions Part Two
Learn how to find judicial decisions in print and online
Locating Judicial Decisions (pages 6:14 – 6:21)
Locating Administrative Tribunal Decisions
Video: Locating Judicial Decisions and Tribunal Decisions
Practice Assignment #10
Practice Assignment #9 Marked
Research Project Component #10
Judicial Decisions Part Two
Research Project Component #11
Quiz - Judicial Decisions Part Two
Practice Assignment #10
Research Project Component #10 Marked
Noting Up Judicial Decisions, Statutes, Regulations and Rules
Understand why and when it is necessary to note up a case.
Learn how to note up a case.
Understand when to note up a statute.
Learn how to note up a statute.
Learn how to note up a regulation using the Canadian Abridgment and
annotated collections.
Noting up a Case (pages 6:21 – 6:24)
Noting up a Statute (pages 7:35 – 7:39)
Video: Noting Up Cases and Statutes
Practice Assignment #11
-Practice noting up a case.
-Practice noting up and analyzing judicial consideration of a
statute
Practice Assignment #10 Marked
Research Project Component #11
Noting up Judicial Decisions & Statutes, Regulations and Rules
Research Project Component #12
Quiz - Noting Up
Practice Assignment #11
Research Project Component #11 Marked
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April 4
Objectives for This
Week
Preparation
Activity
Deadline
April 7
Activity
Deadline
April 25
Deadline
Secondary Legal Materials
Understand how secondary legal materials are organized and
accessed:
-Encyclopedias and dictionaries
-Texts, annotations, loose-leaf services, CLE materials
-Law journals
-Alert services
-Secondary legal materials optimized for mobile devices in legal
practice
Understand how to cite secondary legal materials
Researching Secondary Sources of Law (pages 7:3 – 7:50)
Handout: Forms, Precedents and Public records
Video: Secondary Sources
Practice Assignment #12
Practice locating and citing secondary sources.
Practice Assignment #11 Marked
Research Project Component #12
Secondary Legal Materials
Final Research Project Component
Quiz - Secondary Sources
Practice Assignment #12
Research Project Component #12 Marked
Practice Assignment #12 Marked
Final Research Project Component
Further Instructions Regarding Submission
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All assignments are to be uploaded to Blackboard by the deadline specified.
Students shall retain in their possession an electronic copy of all submissions.
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Assignments and Grading:
Students will be assigned a grade of Pass/Fail for achieving 50% or better overall in this course. The
grading breakdown is as follows:
Completion of 12 Practice Assignments - 12%
Completion of the marked version of the 12 Practice Assignments - 12%
Achieving 50% or better on 12 quizzes (open book) conducted on Blackboard - 24%1
Completion of 13 components of a project-based assignment - 26%
Completion of the marked version of the 13 components - 26%
Due Dates and Late Penalties
Late Penalties:
All work products noted above are to be handed in by the deadline specified.
Failure to hand in before the deadline will result in a mark of 0 for that component.
Extensions of Time:
Extensions of time to complete assignments are not routinely granted. However, in cases involving
medical or compassionate grounds, an extension may be granted by the Academic Status
Committee. Students who believe they have medical or compassionate grounds to receive an
extension of time should request an extension prior to the assignment due date by contacting Paula
Pavan – Academic Coordinator, Ext. 2931, lawac@uwindsor.ca.
Please refer to the Academic
Status Regulations for further information.
Note:
penalty.
Individual problems with computers are not grounds for an extension of time without
Please review the following documents
available on Blackboard
U of W Faculty of Law New Grading Policy
Human Rights Policy
Faculty of Law Policy on Student Discipline
Policy on Plagiarism
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Students who do not achieve 50% or better on the quiz will receive an overall mark of 0/1 for that quiz.
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