Outlinereview of syllabus and introduction to the course structure

the basics of legal researchcategories of law (substantive / procedural / evidentiary)primary vs. secondary sources of lawpaper vs. computerized sources of lawoverview of sources in lawgeneral strategies for researching legal questions

registration for online research services

Review of syllabusContact informationCourse materialsEvaluationRules for the completion of assignmentsWeekly outlinedivision of students into Tutorial A and Tutorial B

Virtual Campus

Virtual Campus

Why this course is importantResearch is fundamental to a lawyers workBut, more immediatelyMore opportunities for work/credit as a student: Ottawa Law ReviewLaw & Technology JournalCanadian Internet Policy and Public Interest ClinicInternshipsPro bonoLegal aid clinicDeans 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 ConductRule 2: Relationship to Clientscompetent lawyer

The legal research process

The basics of legal researchIdentify issues based on a fact pattern or problem;Identify the appropriate research tools, both in print and online, and know how to use them;Read and understand the sources to which your research has led; and,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 examplesTypical 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 examplesIn 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

Substantive law

Procedural law

Evidentiary law

Private law

Public law

Substantive lawLegal rights and obligations; legal rights may be enforced by way of legal proceedings, to which substantive law sets out the defencesex.: What are the elements of the tort of assault? What are the applicable defences?Subdivided into public and private lawPublic law governs the relationship between persons and the statePrivate 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 lawSets out the procedure that a party must follow to enforce his or her rights in a court proceeding or to defend a proceedingex.: 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 lawSets out the manner in which facts are proved in a trial or a proceedingex.: 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 law3 main sources of Canadian law:statutes (laws) passed by federal Parliament or provincial legislatureregulations made at either the federal or provincial government leveldecisions made by judges (case law)

Primary sources

But wait! Theres moreSecondary sources provide interpretations of case law and/or legislationtextbooks, reports, government documents, articles, etc.

A vast array of finding tools will help you locate these primary and secondary sourcesLibrary catalogue, periodical indexes, search engines, legal gateways/portals, case digests

Paper vs. electronic research

PaperElectronicPROS: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.

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.Paper vs. electronic research

The Four Cs of good legal researchorrectomprehensiveredibleost-effectiveSource: 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 sourcesWhen you are finding the same authorities over and over againWhen cost exceeds benefit, i.e. you run out of time

Homework for tutorialExercise: 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 counsels 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 tutorialRead Modules 1 and 2 in Virtual Campus and complete any associated quizzes in the modules1: The Research Process2: Using Keywords & Boolean OperatorsRead McGill Guide, Part 1: General RulesBe prepared to discuss and ask any questions of your TA

Homework for tutorialConnect your laptop to the wireless network and set up printinghttp://www.ccs.uottawa.ca/connect/wireless/support.html and http://www.biblio.uottawa.ca/content-page.php?g=en&s=ftx&c=faq-sansfil-print Register for LexisNexis/QuicklawChoose Login at http://www.lexisnexis.ca/lawschools/lawschools.php, then Register Now, then follow instructionsYou MUST register from one of the library computers!

Register for Westlaw CanadaUse 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 Rgimbald 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!

**(7-10 min.)

REVIEW SYLLABUS BRIEFLY. I usually highlight Course Materials, Evaluation and Rules for the Completion of Assignments (and in particular, the fact that any extensions must be obtained from the Office of Academic Affairs, not the professor), and a brief review of the Weekly Outline and in particular, the structure of the 3-week cycle.

Please draw particular attention to the notes following the Weekly Outline at the end of the syllabus; in particular, the last note about Virtual Campus module #9 which, while technically not due till the end of March, should be completed well in advance of this date, as students will find it useful for completion of other assignments (in particular, the short memo that many small-group torts or criminal law profs assign, usually in mid-October to late November).

I will give each of you a class list, with the students clearly divided into Tutorial A and B (alphabetically 20 students per group).

*Course materials will all be kept on the Virtual Campus site which is available from most main pages of the university under Quick Picks. All modules listed under Required on the Weekly Outline in the syllabus are found here, as well as links to other sites, such as the courses former wiki page (not currently updated students should just use this to access the Legal Research Manual for recommended readings). Students are expected to monitor the Virtual Campus site on a regular basis and to do all readings and activities as required prior to attending their Tutorial. Assignments will also be downloaded from the Virtual Campus site.*Course Materials is where they will find a copy of the syllabus, as well as copies of all PowerPoint slides and any in-class handouts and exercises.

Learning Modules is where you will find the modules referred to in the Required column of the Weekly Outline of the syllabus.

Assignment Downloads will have copies of all graded assignments. Students will not be provided with a paper copy of the graded assignments, so they are expected to use this download site. We will provide paper copies of in-class exercises.

Contact Information has information on all the professors and a bio for each of the teaching assistants.

*Answers from a former student after completion of 1st year:-why do you think legal research instruction is important?Legal research instruction was important to me because coming into law school I had no idea how cases were documented and stored, or where to find scholarly legal articles. The legal research course introduced me to legal research concepts, taught me what was out there and where to find it. -how has legal research training helped you throughout your first year?The legal research training helped me research and write my papers for my small group, and also helped me complete citation assignments in my small group. It also helped me gain a position on the Law Review; the application includes a citation exercise that I wouldn't have been able to complete without the legal research training.-how has legal research training helped you after first year (e.g. RA position, summer articling, etc.)In addition to gaining a position on the Law Review, the legal research training helped me in work as an RA. I was hired as an RA for one of my professors during my second semester of first year and also during the summer after first year. The legal research instruction gave me the confidence and ability to effectively research in the role. Because of the legal research instruction, I was able to get right down to the research without having to familiarize myself with the research tools on top of conducting the research itself.*(2-3 min.)

GET STUDENTS TO BRAINSTORM SOME IDEAS, THEN DISPLAY SUGGESTED LIST (OR WRITE ON BOARD IF AVAILABLE).**Law Society of Upper Canada, in its Rules of Professional Conduct (Adopted by Convocation on June 22, 2000), Rule 2: Relationship to Clients (Rules and commentaries on client-related issues such as lawyer competence, conflicts of interest and confidentiality), defined a competent lawyer as:a lawyer who has and applies relevant skills, attributes, and values in a manner appropriate to each matter undertaken on behalf of a client including: .(c) implementing, as each matter requires, the chosen course of action through the application of appropriate skills, including: legal research, (ii) analysis, (iii) application of the law to the relevant facts, (iv) writing and drafting, (v) negotiation, (vi) alternative dispute resolution (vii) advocacy, and (viii) problem-solving ability;

*BEN HIGGS CASE STUDY (in part)

A boy picked up Ben during recess, carried him a short distance and dropped him on the ice. There were teachers supervising but none of them saw this incident. Another student ran to get a teacher, who came immediately to help Ben up. Ben was in tears and in some pain but refused assistance. They went back to a classroom together, and the teacher insisted Ben go see the school nurse. The nurse checked over Ben, but said he would be OK. That evening, Bens parents took him to the family doctor, and X-rays showed that his hip was, in fact, dislocated.

Bens parents have approached your firm to see what can be done.

GET THE STUDENTS TO TAKE 5-7 MIN. TO BRAINSTORM HOW THEY WOULD GO ABOUT ANSWERING THIS (WITHOUT DOING ANY RESEARCH). FOR EXAMPLE:

Is there anything they still need to know? (e.g., questions to ask the lawyer or client)What area or areas of law are in play?What question or questions are they trying to answer?How should they go about researching this issue further? (e.g. what types of resources/documents do they think will be useful in helping them to find the answer?)What are some keywords/subject areas that they should be searching?

CALL ON SOME VOLUNTEERS TO EXPLAIN WHAT THEIR GROUP DISCUSSED. Write some ideas on board (if available).

**This activity shows the beginning of how to develop a research plan or research strategy. Some helpful tips and models for doing this will be discussed in Module #1 (The Research Process) and #2 will help flesh out researching skills such as coming up with good keywords and terms.**You need to be: Aware of legal materials; Familiar with multiple sources and different techniques for each researching various types of problems; Able to search for primary authorities, as well as a large range of secondary sources; and, Certain that your research is up-to-date.

Legal research differs in many ways from the research as an undergraduate.

A clear understanding of the goals of research (WHY am I researching this?) will help pinpoint the proper legal materials to consult.

Different types of sources will lead you to different answers. i.e., Its no use citing 5 cases on point if you then neglect to mention that the issue is also covered by statute. Similarly, a law may apply to your fact situation; however, laws are not always as clearly worded as we might like, and you will often need to rely on both case law and secondary sources in order to determine how the law should actually be interpreted!

What types of materials make up the law? (More on this below (see information re: primary and secondary sources).)How do these materials relate to one another?

**So for example, for our Ben Higgs case:Issues or questions to be answered include: Is the classmate directly responsible for Bens injury? Is the school responsible for Bens injury?What area of law are we dealing with? This is a torts case. A textbook on torts, and the duties one person owes to another to not do harm, might be a good place to start your research.**

*What we tend to call black-letter law. Unless you are taking a procedural or clinical course, or a practicum of some kind, the legal problems tackled tend to be more of the theory-and-application type, rather than practical how-tos.

SEE IF STUDENTS CAN SUGGEST SOMEWHERE THEY WOULD LOOK FOR THE ANSWER.

Security liens? Check the PPSA itself or (better) an annotated version.Tort in negligence? No statutes in torts. Check a torts textbook or an encyclopedia. Only go to cases if you have a more specific fact scenario that you are trying to match.Contract on paper napkin? A classic contracts question. A textbook would clearly lay out the criteria required to assess the validity of a contract. (Answer? Probably yes.)Thin skull rule? This is a criminal law concept that you take your victim as you find him (e.g., if you punch someone and he dies because he had an underlying heart condition that you couldnt have known about, you may still be liable for his death). Could search for cases on thin skull rule, but better to check a criminal law textbook or legal encyclopedia.

*Company registration? Sites such as Canada Business Development website that will show official name and province of registrationExecution against vendor? There are databases that firms subscribe to where you can check this information (an execution here means that there has been a monetary judgment against the person selling a property sometimes someone will try to sell property in an attempt to avoid paying this judgment)Expert witness? Case law reporters such as Ontario Reports often include section listing expert witnesses in various areas. In addition, however, you will need to check rules of procedure (civil or criminal) to see how you must go about getting permission from the other parties and the court to have this expert testify.

*The last two slides show (somewhat) the distinction between the 3 main categories of law.

In order to properly analyse a legal problem, you must understand the various types or categories of law. After initially identifying issues and isolating necessary facts in a problem, a good lawyer will determine what categories are at play.

ONCE ALL BOXES DISPLAYED, SEE IF ANY STUDENT KNOWS WHAT THESE 3 MAIN TYPES ARE (or if you have anyone brave enough to attempt to answer this question, which might be a more accurate situation).*Substantive law = black letter law; legal rules and principles; etc.

Public law includes:- municipal law- immigration and refugee law- environmental law- constitutional law- criminal law- tax law.Basically anything that involves a person (individual or corporate) and a level of government.

Private law includes:- Contracts- family law- property law- real estate- Torts- wills and estates.Basically anything which is between two persons (individual or corporate).

BEN HIGGS CASE:Issue of whether classmate is liable for the injuries suffered by Ben is a question of substantive private law. However, if the parents want to also sue the school for Bens injuries (which is likely), this may be a question of substantive public law, depending on the structure of the school (e.g., is it a state-run school versus a private school). There is also the remote possibility that Bens parents convince the police that charges should be laid against the classmate. If this happens, what changes??? It is now a criminal case, not civil, and therefore texts on assault in criminal law should be consulted rather than assault in tort law.*Learned in classes such as Civil Procedure, Criminal Procedure, and legal clinics.

BEN HIGGS:Ben ends up suffering lots of physical pain and has many doctors appointments and multiple operations on his hip over the next two years. Only once he is well on his way to recovery do his parents come to your law firm to inquire about some form of recovery. Can they still file their lawsuit?

(Answer: Ontario Statute of Limitations sets time limits for the final deadline for filing various types of lawsuits. In most cases (likely including this one), it is two years. So as long as they are still within the two year deadline, they can start their lawsuit. However, there are certain circumstances in which this deadline may be extended. You would need to consult a text on limitations law in Ontario.)

*Learned in classes such as Evidence and legal clinics.

BEN HIGGS:Bens parents have filed a lawsuit against both his classmate (for the actual incident) and the school (both for its alleged failure to properly supervise and for the alleged negligence of the school nurse). Can they force the individual teachers who were supervising that day to testify? A friend of Bens mother told her that her own son said that Bens classmate has acted as a bully towards many of the other students. Can Bens parents bring this forward as evidence about Bens classmates character?

*ASK STUDENTS IF THEY KNOW WHAT THE 3 MAIN SOURCES ARE?

BEN HIGGS:No statutes about the tort aspect of the case; however, there might be laws or regulations about the liability of schools for the safety of the children who attend.There will be lots and lots of cases!*****Dont start with those primary sources! As a beginning law student, you will just get overwhelmed.

Secondary sources are important for understanding how the law (legislation, regulations and case law) works. It will also help you pinpoint the relevant law. NEVER skip this step! It is written by experts in the field academics, lawyers, notaries, judges, etc. and will help make your research much easier. Why reinvent the wheel? If someone has already done the legwork for researching a problem, there is usually no good reason to re-do that research, other than ensuring it is still up-to-date.

BEN HIGGS:By consulting a textbook on tort law, you will quickly learn the necessary elements of a tort in assault. Books on education or school law will help you further determine the exact extent of the liability of the school for this occurrence.

**You will learn more about these specific sources and how to use them in Modules #3 (Secondary Sources) and #4 (Legal Periodicals), which you will read in a few weeks time.

*ASK STUDENTS FOR SUGGESTIONS RE: WHY THEY MIGHT CHOOSE ONE OVER THE OTHER BEFORE DISPLAYING CHART. (Get them to brainstorm for a minute or two and write one pro and one con down for each.)

Print = free! Not good to get into the habit of checking QL or WL for preliminary stages of researchwill more often than not prove to be quite costly, both in terms of money and time. *Correct = leading to the law that governs your clients situation and applied or will apply as of the time of that situationComprehensive = addressing the various issues raised by the clients situation and incorporating an appropriate range of pertinent authorities;Credible = featuring authority that carries weight because of its nature and qualityCost-effective = yielding results that justify the efforts devoted to research, in light of the clients situation and available research optionsThere is always more to know and to learn, but at some point, you must stop researching. How do you know when it is safe to do so?

Best reason to stop researching is #2 above.*Assign Lougheed case to one-half of Tutorial A (first 10 on list) and one-half of Tutorial B (first 10 on list)Assign World Wide Treasure Adventures case to the other half of each Tutorial group (second 10 on each)

**Students should spend no more than 15 minutes preparing this! It is meant to be very short and just to get their feet wet!

**The hardest part may be finding these cases we are not providing the cases to them! Suggest they use CanLII.

**Dont read the case for the substantive law, but read it for what the judge has to say about legal research and the duty of a lawyer to properly research In both cases, I think this information is near the end of the case!*Students should pick up a card for Westlaw Canada on their way out of class.

EMPHASIZE that Mary is our computer and reference technician, and she is VERY busy in September; therefore, this is their best chance for 1-on-1 help if they need it. Therefore, they should try installing wireless, printing, etc., registering for Quicklaw and Westlaw AS SOON AS POSSIBLE, so that they know if they need to attend Marys session or not. (Julie Lavigne is less competent re: laptops, but will muddle her way through and refer to Mary as necessary )

*