conducted by: carol wee content by: lee su-lin legal research © 2008-14 c j koh law library

Conducted by: Carol WeeContent by: Lee Su-Lin

Legal Research

© 2008-14 C J Koh Law Library

No part of this publication may be reproduced or transmitted in any form or by any means, including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the author. Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.

No copyright is claimed in the text of statutes, regulations and court decisions quoted within this work.


mailto:[email protected]

This tutorial is specifically designed for the Legal Analysis, Writing and Research course for first year law students (AY2013/2014).

The purpose of this tutorial is to teach students how to conduct research using secondary sources of law, particularly print resources.



Contents1. Secondary sources of law p.5

2. The research process p.7

3. Textbooks, casebooks, etc. p,10

4. Legal encyclopaedias p.14

5. Legal periodicals & indexes p.21

6. How to find journal articles p.22

7. Indexes to statutes p.39

8. Indexes to cases p.44

9. Case citators p.54

I. Secondary Sources of Law

Secondary sources are publications which refer and relate to the law, but are not themselves sources of law.

These include:1.Textbooks, casebooks, etc.2. Legal encyclopaedias3. Legal periodicals4. Research literature, e.g. Theses5. Reference works, e.g. Dictionaries, directories, bibliographies, digests, citators, indexes, etc.

Secondary sources: assist in locating primary sources of law assist in the interpretation of primary sources.

5

I. Secondary Sources of Law

Secondary sources are important:

In legal research, referring to a secondary source is often the first step in learning the basics of a particular area of law;

Thorough legal research requires the use of the various categories of secondary sources;

Secondary sources may be cited in court in support of a particular proposition in law - a court may not be bound by secondary authorities, but books or articles written by reputable authors may have significant persuasive value in selecting between conflicting authorities. (see Citation of Secondary Authorities in Court, Supreme Court Registrar’s Circular, No.3 of 2004, s.2(b), online: Registrar’s Circulars http://app.supremecourt.gov.sg/data/doc/ManagePage/99/2004-3.pdf)

6

http://app.supremecourt.gov.sg/data/doc/ManagePage/99/2004-3.pdf

http://app.supremecourt.gov.sg/data/doc/ManagePage/99/2004-3.pdf

II. The Research Process

The flow chart on the next page illustrates a suggested method of carrying out legal research using secondary sources, particularly if you are unfamiliar with a topic.

However, there is no fixed approach to researching a topic and you can, depending on the situation, begin from any of the levels indicated.

LegendSecondary Sources of Law

Primary Sources of Law

A

7


Where do I start?

Textbooks on topic, Legal encyclopaedias

Journal articles, Theses

for more details,current opinions orcommentaries

Cases or Legislation

may referto

to find moreIndexes, Digests,Databases

to note up

Citators

may refer to

Textbooks, Journal articles, Encyclopaedias, Digests

to understand

Dictionaries,Glossaries

for meaningsof words

to find more Indexes,Databases



This tutorial will cover the use of a selection of secondary sources of law that are commonly used in legal research:

Textbooks, casebooks, etc.

Legal encyclopaedias

Legal periodicals & Indexes to periodicals

Indexes to statutes

Indexes to cases

Citators.

9

Books under this category include:(a) TextbooksProvide commentaries and critical evaluation of the law.E.g. Constitutional Law in Malaysia and Singapore

(b) CasebooksContain summaries of key judgments on a particular subject, sometimes with editorial commentary.E.g. Contract Cases and Materials (by Beale, Bishop and Furmston)

(c) Practice booksPrimarily for use by legal practitioners. E.g. Chitty on Contracts

III. Textbooks, Casebooks, Etc.

10


To find a book in the NUS Libraries, search the catalogue LINC via the NUS Libraries Portal.

E.g. Principles and Practice of Securities Regulation in Singapore by Hans Tjio

Search using keywords from title, author, topic, etc.

11

http://libportal.nus.edu.sg/frontend/index


Select relevant edition for more details

12



Book is available in several locations

13


Legal Encyclopaedias

Provide detailed statements of the law in alphabetical subject arrangement.

Good starting points for research, and are sometimes preferred to textbooks for an overview of the topic.

E.g. Corpus Juris Secundum

Halsbury’s Laws of England

Halsbury’s Laws of Singapore

Laws of Australia

IV. Legal Encyclopaedias

14


Legal encyclopaedias are arranged by subject. Research on a particular topic involves perusing the relevant volume and supplementary updates, if any.

For instance, when using Halsbury’s Laws of England:

Check Consolidated Index

Refer to relevant volume/s

Check Cumulative Supplementand Current Service for updates 15


Step 1: Check the latest Consolidated Index (A-E) for references to “conversion of property”. This is a subject index. The Index will indicate the relevant volume, edition and corresponding paragraph/s that contain information on the topic.

Note: Publication of the 5th Edition (black) of Halsbury’s is in progess. Not all volumes have been revised yet. You will still need to refer to the 4th Edition (brown) for some topics.

Example: Researching “conversion of property” using Halsbury’s Laws of England (Ref: KB11 Hal)

16


Consolidated Index 2013 (A-E)

References to relevant volume, edition and paragraphs on “conversion of property”

Step 1 (contd.):

17


Step 2: Refer to the relevant volumes, editions and paragraphs e.g. Volume 45(2), 4th ed, para 542

18


Step 3: Check the current Cumulative Supplement for updated information on the topic. This is published annually and is available in 2 parts. For 2013, Part 1 updates volumes 1(1)-44(1) and Part 2 updates volumes 44(2)-52.

Refer to the Part that contains updates to the relevant volume and paragraphs.

Then, refer to the latest monthly Current Service: Noter-up for updates, if any.

19


2013 Cumulative SupplementPart 2

Updates for Vol 45(2), 4th ed,para 542

Current Service: Noter-upJul 2013

Check this for more current info

20

Step 3 (contd.):

V. Legal Periodicals & Indexes

Legal PeriodicalsLaw journals and reviews provide information on the latest developments in the law as well as comments and criticisms of the law.E.g. Oxford Journal of Legal Studies Singapore Academy of Law Journal

21

Indexes to Legal PeriodicalsProvide listings of journal articles. E.g. Index to Foreign Legal Periodicals Index to Legal Periodicals and Books LegalTrac

Search tool for articles

1.Find out what journal the abbreviation stands for using an index to legal abbreviations e.g. Cardiff Index

2.Search for journal title in LINC.

If you already have a citation to a journal article, e.g.

Dora Neo, “The Sale of Goods (Amendment) Act 1996: Satisfactory Quality, an Undivided Share in a Bulk and other Amendments” (1997) 9 SAcLJ 362.

or

David Feldman, “The Nature of Legal Scholarship” (1989) 52 Mod.L.Rev. 498.

A Quick Look at Journal CitationsVI. How to Find Journal ArticlesIf you have a citation

22

http://www.legalabbrevs.cardiff.ac.uk/

http://libportal.nus.edu.sg/

A Quick Look at Journal CitationsVI. How to Find Journal ArticlesIf you have a citation

23

E.g. Using Cardiff Index http://www.legalabbrevs.cardiff.ac.uk/

Search for “Modern Law Review” in LINC

http://www.legalabbrevs.cardiff.ac.uk/


If you have an incomplete citation or do not have the citation to a journal article:

1. Use an index to legal periodicals to find the complete citation. These indexes are listed on the next slide and are available via the NUS Libraries Portal.

2. Search for the journal title in LINC.

VI. How to Find Journal ArticlesIf you DON’T have a citation

24



Select the most relevant database based on jurisdiction:

Jurisdiction Database

General •Index to Foreign Legal Periodicals (1985- )

Mainly civil law (access via HeinOnline)

•Index to Legal Periodicals and Books (1981- )

Mainly Anglo-American

•LegalTrac (1980- )

Mainly Anglo-American

Australia AGIS: Attorney-General‘s Information Service (1975- )

Europe Index to Foreign Legal Periodicals (1985- )

Malaysia/S’pore PERIND (1980- )

UK/US •Index to Legal Periodicals and Books (1981- )

•LegalTrac (1980- )

VI. How to Find Journal ArticlesIf you DON’T have a citation

25

Q: Where do I find articles on “Rylands v Fletcher”?

Determine the scope of your research: “Rylands v Fletcher” is a common law concept.

Select appropriate database/s: Choose an index which covers common law materials, e.g. LegalTrac, Index to Legal Periodicals & Books

Access: via NUS Libraries Portal

VI. How to Find Journal Articles Searching Indexes

26


VI. How to Find Journal Articles

E.g. LegalTrac via NUS Libraries Portal

Select Databases from the menu bar and enter the name of the database in the search box. Click on the “submit” button

27


Searching Indexes – LegalTrac


VI. How to Find Journal Articles Searching Indexes – LegalTrac

SelectLegalTrac

28


VI. How to Find Journal Articles Searching Indexes – LegalTrac

Enter NUSNET ID and passwordif off campus

Click here if on campus

29



Entersearch terms


30



Click on titlefor morebibliographicinformation

Full textsoccasionallyavailable inPDF format

Search results:


31


Take noteof citation; search for journal title in LINC



Databases

32

The advantage of using a full text database is that a journal article can be retrieved directly without the tedious process of having to search an index first.

However, journals in databases are limited to materials which the database vendors are licensed to publish, whereas indexes cover a wider and more comprehensive range of journals.

Databases subscribed to by NUS Libraries and Faculty of Law include: HeinOnline – NUS Libraries Portal JSTOR – NUS Libraries Portal LawNet – Law Proxy Service LexisNexis - NUS Libraries Portal Westlaw - Law Proxy Service.

This tutorial will only touch very briefly on the use of full text databases to retrieve articles.

https://proxylogin.nus.edu.sg/libproxy1/public/login.asp?url=http://heinonline.org/

https://proxylogin.nus.edu.sg/libproxy1/public/login.asp?url=http://www.jstor.org/

https://proxylogin.nus.edu.sg/lawproxy1/public/login.asp?logup=false&url=http://edu.lawnet.com.sg

https://proxylogin.nus.edu.sg/libproxy1/public/login.asp?url=http://www.lib.nus.edu.sg/eforms/lexiscom.html

https://proxylogin.nus.edu.sg/lawproxy1/public/login.asp?logup=false&url=http://www.westlaw.com/signon/default.wl?sp=NUS-2009&rs=imp1.0&vr=1.0&cbhf=none

VI. How to Find Journal Articles Databases – HeinOnline

33

Q: Where do I find articles on “inchoate title”?

E.g. HeinOnline via NUS Libraries Portal



34



35

On this page, you can browse publication titles. If not, then select your preferred search options:


36


Select the field you want to search using the drop down menu (e.g. “Text” or “Article Title”), and then enter the relevant search terms before clicking on the Search button below:


37


On results page:

VII. Indexes to Statutes

Both alphabetical and subject indexes are useful in locating statutes.

Print indexes are more useful for researching older statutes.

Online indexes are preferred for searching for current statutes as they are more up-to-date and are often linked to the full texts of statutes.

38

VII. Indexes to StatutesSingapore

Print Statutes of the Republic of Singapore

•Alphabetical List of Public ActsRef: K7399 1985 (available at Loans Desk)

Sesquicentennial Chronological Tables of the Written Laws of the Republic of Singapore 1834-1984Ref: K7574 1984

Online

Singapore Statutes Online:Consolidated legislationhttp://statutes.agc.gov.sg/

39

VII. Indexes to StatutesUK

Print

Halsbury’s Statutes: Consolidated Index …

Including Alphabetical and Chronological

Lists of Statutes Printed in the Volumes Ref: K2016 Hal

Chronological Table of the Statutes (1235-1964; 1965-1988; 1989-2011)

Ref: K2017 Gre

Index to the Statutes

(1235-1990)

Ref: K2017 Gre40

VII. Indexes to StatutesUK

Online

Legislation.co.uk Official website for UK legislation. Original and revised Acts

http://www.legislation.gov.uk/

41

VII. Indexes to Statutes

PrintFederal Statutes AnnotationsSee “Table of Principal Acts” in Volume 1Ref: K9006.5 Fsa

Online AustLii

Consolidated legislation for Commonwealth, state & territories

http://www.austlii.edu.au/

ComLaw“As made” and consolidated Commonwealth legislation

http://www.comlaw.gov.au/

Australia

42

VIII. Indexes to Cases

You can search for a case by name using an alphabetical list of cases or by topic using a subject index.

There are 2 main categories of indexes:1. Indexes to Law ReportsThese are indexes published by the individual law report series.

2. Indexes with Abstracts of CasesThe main indexes in this category are the Digests. These contain summaries of cases arranged by subject.

Note: This tutorial will focus on the use of print indexes.

43


1. Indexes to Law Reports Singapore Law Reports (Reissue): Comparative Table of Citations

& Table of Cases Reported 1965 to 2009Ref: K7599 SLR

Singapore Law Reports (Reissue): Subject IndexRef: K7599 SLR

The Malayan Law Journal: Consolidated Tables & Indexes …Ref: K7599 MLJ

2. Indexes with Abstracts of CasesMallal’s Digest of Malaysian and Singapore case law.Ref: K7599.3 Md

This set is accompanied by: Mallal's Digest: Consolidated Table of Cases 2009 Reissue

Ref: K7599.3 Md

Mallal’s Digest: Consolidated Subject Index 1808 to 2012Ref: K7599.3 Md 2009

Singapore

44

VIII. Indexes to CasesSingapore

Q. What is the quantum of damages for head injury?

Step 1: Select the relevant volume of the Digest.

The volumes in this set are arranged in alphabetical order according to broad subject areas. Determine the broad subject area of your research. In this case, it is “damages”.

Next, check the range of subjects covered in each volume of the Digest by referring to the front cover. In this case, digests of cases on “Damages (Personal Injury or Death)” are contained in Volume 6.

Example: Finding Cases on a Particular Subject Using Mallal’s Digest of Malaysian and Singapore Case Law (4th Ed.)

45



(Step 1 contd):

Example: Finding Cases on a Particular Subject Using Mallal’s Digest of Malaysian and Singapore Case Law (4th Ed.)

46

Digests of cases on “Damages (Personal Injury or Death)” are contained in Volume 6.



Step 2: Check the “Subject Index” in Volume 6 for references to the specific subject area. You will find cases on quantum of damages for “head injury” listed under “DAMAGES (PERSONAL INJURY OR DEATH) – Quantum – Head injury”.

Refer to the paragraphs listed in the “Subject index” for the required case abstracts. Each case abstract is accompanied by a case citation.

Note: Remember to determine the currency of the cases in the volume of the Digest you are referring to by checking the title page. For instance, Volume 6 (2012 Reissue) currently contains cases decided up to the 2011 volume of Mallal’s Digest Yearbook.

47


Q. What is the quantum of damages for head injury?Step 2 (contd.):

48

Refer to theseparagraphs (1287; 1288-1336) for cases on damages for head injuries/injury

Cases on quantum of damages

Subject Index in Mallal’s Digest Volume 6


Q. What is the quantum of damages for head injury?Step 2 (contd.):

49

Case citationParagraph no.

Damages for head injury


For more recent decisions, you may refer to:

Mallal’s Digest [Yearbooks]Search the “Subject Index” within each volume.Ref: K7599.3 MDY

Mallal’s Current LawSearch the “Table of Cases Digested’ and/or “Subject Index” at the back of each issue. Use this for the current or previous year’s cases.Ref: K7599.3 MCL

50


1. Indexes to Law Reports The Law Reports Index (1951- )

Covers cases reported in the Law Reports as well as the Weekly Law Reports, All England Law Reports, Lloyd’s Law Reports and various other law reports.Ref: K2022 I

All England Law Reports: Consolidated Tables and Index (1936-)Ref: K2020 AELR

The English Reports• Index of Cases (Vol. 177 & 178)Alphabetical listing of cases. Use this if you know the name of the case.Ref: K2020 ER

• English Reports Wall ChartUse this when you only have the citation to the case, but not the names of the parties (e.g. I Keb. 434)Location: On wall opposite C J Koh Law Library Information Desk

UK

51


2. Indexes with Abstracts of Cases The Digest

This series has both a Consolidated Table of Cases and an Index to subjects.Ref: K2028 EED

Current Law Yearbook and Current Law Monthly Digest• Yearbook - Volume 1 for each year contains a “Table of Cases” covering the law from 1 Jan to 31 Dec for that year.Ref: KB3 CLY

• Monthly Digest – the latest issue for the current year contains a “Cumulative Table of Cases” and “Cumulative Index” to subjects for the year up to that month.Ref: KB3 CL

UK

52

VIII. Indexes to CasesAustralia

Indexes with Abstracts of Cases The Australian Digest

Consult the “Consolidated Index and Tables”.Ref: K9011 AD3

Australian Current Law: ReporterFor previous years, consult the “Cumulative Table of Cases” and/or “Cumulative Index” (of subjects) in the “Consolidated Tables and Indexes” volumes.

For the current year, refer to Volume 1 of the looseleaf index (located at the back of the set).Ref: KB3 ACLR

53

IX. Case Citators

Having located a case relevant to your research, it is then essential to confirm if the case is still “good law”. This process is referred to as “noting up”.

You will need to :1. check that the case has not been reversed on appeal or subsequently overruled by a superior court;

2. determine whether, and in what manner, the case was considered in subsequent decisions i.e. whether the case was followed, applied, distinguished, etc.

The case citator is the main publication which provides the judicial history and judicial treatment of case law. 54

IX. Case Citators

Term Abbrev Definition

Applied Appl Used where the principles of law in the annotated case have been applied to a new set of facts and circumstances

Followed Foll/Folld Used to denote that the principle of law established in the annotated case has been applied in the annotating case

Not followed Not foll/

Not folld

Used where the court in the annotating case has refused to follow the annotated case although potentially relevant. Implies that annotated case is wrong

Distinguished Dist/Distd Used where the annotated case is not applied in the annotating case due to some distinction in the facts or in the law

Overruled Overd/Overld

Used where a higher court has held the annotated case to be wrong

Examples of terminology associated with noting-up:

55

IX. Case Citators

Singapore Print • Mallal’s Digest: Case Citator 1932 to 2010Ref: K7599.3 Md 2010

• The Singapore Law Reports (Reissue): Table of Cases Referred to: 1965 to 2009Ref: K7599 SLR

Online LawNetAccess: Law Proxy Service

UK Print Current Law Case CitatorRef: KB3 CLC

Online JustCiteAccess: NUS Libraries Portal

Australia Print Australian Case CitatorRef: K9012 ACC

Online CaseBase (in LexisNexis AU)Access: NUS Libraries Portal

These are the major case citators for 3 jurisdictions:

56

IX. Case Citators

E.g. Mallal’s Digest: Case Citator 1932 to 2010 (2 Vol.)

K7599.3 Md 2010

Singapore

57

IX. Case Citators

E.g. Mallal’s Digest: Case Citator 1932 to 2010 (Vol. A-L)

Singapore

58

Annotated case

Annotating cases

IX. Case CitatorsSingapore

59

E.g. Singapore Law Reports (Reissue): Table of Cases Referred to: 1965 to 2009 (Vol. A-L)

Annotated case

Annotating cases

IX. Case Citators

E.g. JustCite via NUS Libraries Portal

UK

60

IX. Case Citators

E.g. JustCite

UK

61

IX. Case CitatorsUK

62

E.g. JustCite

IX. Case CitatorsAustralia

63

Select CaseBase

Enter case namee.g. Hedley Byrne

Click on Find button

E.g. CaseBase in LexisNexis AUvia NUS Libraries Portal


64

Select relevantdecision, e.g. House of Lords

E.g. CaseBase in LexisNexis AU


65

List of annotating cases for Hedley Byrne

Click on citation for full text of annotating casesAnnotations

E.g. CaseBase in LexisNexis AU

IX. Case CitatorsInternationa

l

66

E.g. LawCite: http://www.austlii.edu.au/lawcite/

This is a free, automatically generated international legal case citator developed by AustLII.

Enter name of annotated case


l

67

E.g. LawCite: http://www.austlii.edu.au/lawcite/

Select relevant decision e.g. House of Lords


lE.g. LawCite: http://www.austlii.edu.au/lawcite/

List of annotating cases

68

Click on citation for full text of annotating case

IX. Case Citators

69

For more details on the noting-up process, you may refer to the Powerpoint tutorial on Noting-up

Updated for lecture on 14 Oct 2013© C J Koh Law Library 2008-14

Contact us:Address: 469D Bukit Timah Road, Singapore 259773Tel: 6516 2043Email: [email protected]: http://libportal.nus.edu.sg/frontend/ms/c-j-koh-law-library/about-c-j-koh-law-library

Thank You

conducted by: carol wee content by: lee su-lin legal research © 2008-14 c j koh law library

Documents

primary sources of law

research process

particular area of law

c j koh law library

legal periodicals indexes

research course

research literature

legal analysis