practical legal research. practical legal research what is it? why do we have it on the bvc?
TRANSCRIPT
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Practical Legal Research
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PRACTICAL LEGAL RESEARCH
• WHAT IS IT?
• WHY DO WE HAVE IT ON THE BVC?
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What is PLR?
How is the research we do any different from LLB / CPE?
Identifying the legal issues from a given set of facts
i.e. the ability to translate facts into legal issues
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Types of PLR question used in SPSs
Focussed
Unfocussed
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Assessment: how and when?
PLR: Single assessment
Unfocussed
Mock: DecemberAssessment: March
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Why do we have it?
PLR IS A VITAL SKILL IN LEGAL PRACTICE
Because it is a skill it requires repeated effort: throughout the programme you will have opportunities to research – take them!
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The problem of legal research …sources
ANNUALLY:4000 NEW REPORTED CASES IN CURRENT LAW
3,500 NEW SIs
LEGAL JOURNALS INDEX ADDS 30,000 ITEMS
TOTAL = 150 + NEW ITEMS EACH DAY
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Further problems
• Scope: you need to check the prefatory editorial content of a source e.g. is it a partial or comprehensive treatment of the topic
• Currency: (vital!) you must know:1. Which source is most current?2. How is the source updated?3. At what date are you operating in your
research?
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Help! Is there a technique? Yes!
First important thing: become familiar with the sources and how to use them
Sources include:
• Paper sources• Electronic sources• (People)
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Paper sources - examples
Legal Encyclopaedia e.g. Halsbury’s Laws of EnglandHalsbury’s Statutes and SIsCase reports Current LawPractitioner Texts Legal Dictionaries
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Electronic sources - examples
Current LawWestlaw UKLexisAll England Direct and Case SearchLawtel
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People
Learn to make imaginative use of what sources are available
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BUT - Sources
Two problems:
No single source is comprehensive
The information available is almost infinite
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Sources
This means that you must often use more than one source
and that you MUST follow a research methodology
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PLR ANSWER TEMPLATE
• Identification of problem/areas for research
• Key words / phrases• Research Report • Additional information, if required• Summary • Sources
– Primary source(s)– Secondary source(s)
• Updating
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THE ORDER OF RESEARCH:THE TEMPLATE
First: determine the nature of the inquiry
What is the area or point of law?
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THE ORDER OF RESEARCH
Second: identify key words
Find key research words BUT!
Be aware of e.g.: • synonyms: tax law / revenue law• related terms: ownership /
possession• changes: discovery / disclosure
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Keywords example:
Question A1: Boundaries, hedges, ditches, presumption.
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THE ORDER OF RESEARCH
third: identify sources
Primary sources: statute, common law
Secondary sources: practitioner texts Halsbury’s, legal dictionaries, textbooks, guides to case law and legislation, academic articles(Birks, P, Adjudication and Interpretation in the Common Law (1994) 13 Legal Studies 178) + Consider other sources – e.g. agencies, external sources.
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THE ORDER OF RESEARCH
fourth: research the question
• Keep a personal note of what you are doing so that you can retrace your steps
• Use proper references • Make sure you are applying the
research to answer the question
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THE ORDER OF RESEARCHfifth: update
How you do this depends on the source.
e.g. Case law – depends on the case law series – can check other sources like current law which is the most comprehensive
Statute – e.g. Halsbury’s Statutes –current service and noter up
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NB: other things to consider e.g. authority?
see e.g. Practice Direction (Supreme Court) [1998] 1 WLR 825:
The Law ReportsWeekly Law ReportsAll England Law ReportsOther authoritative series
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THE ORDER OF RESEARCH
sixth: check and edit
You must check your work – marks are easily lost through careless errors and inaccuracies.
You MUST develop the habit of PROOF READING!
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NB What are we assessing?
The answer but also how you have found it – the research reporti.e.Primary sourcesSecondary sourcesReferencesUpdating
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Assessment criteria• Language, fluency and punctuation• The identification of a legal issue that is
appropriate in that it requires and justifies research • The identification of relevant and helpful key words
and phrases for the identified legal issue• The completion of an accurate, concise and
focused legal research report that is correctly updated and includes the identification of any additional further information necessary
• Evidence of use of authoritative legal research sources
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Further requirements: In regard to the assessment as a whole, you must demonstrate knowledge and comprehension of the law together with the ability to manipulate and utilise that knowledge in the analysis and preparation of the case employed. Inadequate demonstration of such knowledge and comprehension, or inadequate case analysis and preparation shall result in you being failed in this assessment, irrespective of the marks achieved in other components of the assessment.
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REMEMBER
MAKE CERTAIN THAT YOUR RESEARCH IS:THOROUGHRELEVANTACCURATE
UP-TO-DATEPROPERLY REFERENCED
PROPERLY WRITTEN
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Further reading
There are two texts particularly to be recommended in the area of legal research:Legal Research by David Stott published by Cavendish Legal Research Guide by Guy Holborn published by Butterworths
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Finally
Practical Legal Research on the ELP
• Template• Guide to using the template• Guide to using Halsbury’s Laws (paper
version)• Guide to Northumbria electronic research
resources