Legal Research Methodology PDF
Legal Research Methodology PDF
Colleen Addison,
Addison Alan
Cecilia
Fleichman,
Fleichman
Tellis
Tellis, Law
JulieLibrarian
Lavigne
Law Librarians, Brian Dickson Law Library
Outline
Introduction to the course and to me
Pre-course
Pre course questionnaire
Who am I?
Law Librarian / Instructor
Part of the “helping professions”
Role
R l at the
h Brian
B i Dickson
Di k L
Law Lib
Library
Why this course is important
Research is fundamental to a lawyer’s work
But, more practically:
– More opportunities for work/credit as a student:
• Ottawa Law Review
• Law & Technology Journal
• C di I
Canadian Internet Policy and Public Interest Clinic
P li d P bli I Cli i
• Internships
• o bo o
Pro bono
• Legal aid clinic
• Dean’s Legal Research and Writing Fellowship
Importance of legal research
Finding tools
– Library
Library catalogue, periodical indexes, search engines, legal
catalogue, periodical indexes, search engines, legal
gateways/portals, case digests
Paper vs.
vs electronic research
Advantages & disadvantages – your
thoughts?
Why you’ll need both
When to use each method
Paper vs.
vs electronic research
Print sources are good for searching for
background information or for very broad
terms, or simply when you don’t have a lot
of $$$.
orrect
omprehensive
redible
ost-effective
The legal research process
Basic steps:
– Identify the relevant facts and the legal issue(s)
– Work with specialized legal and non‐legal research
Work with specialized legal and non legal research
tools and sources
– Apply the law you find to solve the legal problem
Apply the law you find to solve the legal problem
Types of legal research
Research done by a legal scholar
– Usually directed toward general conclusions
– Broad/exhaustive searches
– Attempt to find and discuss all relevant material
p
– End result: a critical piece of work
Research done by a lawyer
– Attempt to find and apply legal authority relevant to the precise
question of client
– More narrowly focused
– Deadline‐driven
– End result: a specific legal document, e.g. memorandum of law
“FILAC”
FILAC Approach
Facts
Issues
Law
Analysis/Application of law to facts
C
Communication
i ti
See Maureen Fitzgerald, Legal Problem Solving: Reasoning, Research and Writing, 3d ed. (Toronto:
Butterworths, 2004) at 2-4.
“FILAC”
FILAC Approach
Facts Correctly
y identify
y the relevant facts –
sometimes obvious, sometimes not
Issues But what if I don’t know enough about the
Law subject at hand?
?
Analysis/Application
y pp of law to facts
Communication
“FILAC”
FILAC Approach
Facts Identify relevant issues to be
researched. These arise from the facts,
Issues usually stated in the form of legal
questions that the client needs
Law answered.
Analysis/Application
y pp of law to facts
Communication
“FILAC”
FILAC Approach
Facts Find
Fi d th
the relevant
l t llaw.
Issues 1) Use secondary sources – broad
overview.
Law
2) Narrow in on primary sources.
sources
Analysis/Application
y pp of law to facts
Communication
“FILAC”
FILAC Approach
Facts Apply the relevant law to the facts to
analyze the way a judge would decide
Issues the matter given the same set of facts.
Law
L
Analysis/Application
y pp of law to
facts
Communication
“FILAC”
FILAC Approach
Facts
Issues
L
Law
Analysis/Application of law to facts
Communication
Communicate results of the research
problem – be clear, accurate, concise.
When can I stop researching?
When you have completed the steps in
the legal research model you’re using
When y you have used a variety
y of
appropriate sources
When you are finding the same
authorities over and over again
When cost exceeds benefit,
benefit i.e.
i e you run
out of time
Deciphering legal abbreviations
What gets abbreviated?
– Names of courts & tribunals, periodicals,
yearbooks, case law reporters
McGill Cite Guide includes appendices with
abbreviations
Dictionaries of legal abbreviations
Online legal abbreviation sources
Online legal abbreviation sources
Brian Dickson in
in-house
house binder
*Cardiff Index to Legal Abbreviations
Liste des abréviations juridiques (U de
Montréal)
Summary
Legal research…
research
– Can be done in print and/or online
– Is not linear or necessarily straightforward
Is not linear or necessarily straightforward
– Requires an awareness of what primary &
secondary materials are and where they can be
secondary materials are and where they can be
found
– Can be frustrating and tedious at times
Can be frustrating and tedious at times
– Requires patience and practice!
Exercises
If we have time!
Practice
P i exercise
i about
b the
h lib
library:
– Complete the first exercise in pairs.
– Complete the second exercise individually. Hand it
in today OR at the beginning of next week’s class