Searching from Scratch No access to Westlaw - where do you start?
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2 Aims and objectives Strategies for searching Look at ways of finding reliable sources of legal materials (legal gateways) Look at freely available legal materials (websites) Legal practice: keeping informed day to day needs jobs, events, news Practical exercises Complete a quiz available on your course module via MyAberdeen Better informed
3 Searching from Scratch No access to Westlaw - where do you start?
4 Don t be tempted! Evidence has emerged that increasing numbers of solicitors, from trainees to senior partners, are putting clients and their own practices at possible risk by using collaboratively written online encyclopedia Wikipedia, Google and other search engines for legal research. J. Rayner, Net surfing lawyers warned of compliance risk, Law Society Gazette, 2008
5 Use authoritative sources Google No quality control No evaluation Large number results Irrelevant material Inappropriate material Original versions legislation/cases only Legal Materials Authoritative/specialist Reliable Legal gateways = compiled by experts Encyclopedias + Reference: Stair Memorial Encyclopedia Gloag & Henderson Introduction to the Law of Scotland (latest edition) Identify legislation/case and place it in context Current Law Citators bring cases/legislation up to date Current Law Yearbooks = digests
6 Planning a Search Strategy No Westlaw? Where do you look? Strategy 1: internet down use paper sources Strategy 2: use combination of Internet sources + paper sources Essential paper sources: Current Law Citators confident still valid law Use key phrases to find most important legal elements Example: breach of the peace Example: wilful fireraising Record sources and correct citations
7 Strategy 1 Paper Sources CASES Breach of the Peace Definitions Background Context Comment Look up Stair Memorial Encyclopedia Looseleaf volumes Arranged by subject look in relevant volume Contents refer to section number
8 Strategy 1 Paper Sources CASES Breach of the Peace Stair Memorial Encyclopedia Discussion and comment Refers to key cases
9 Strategy 1 Paper Sources CASES Breach of the Peace Smith v Donnelly 2002 J.C. 65 Need to check if the case has been judicially considered since 2002 Check Current Law Case Citators: every volume from the date of the case (2002) Entry in CL Case Citator 2010 Conclusion: case has been Applied, Cited, Considered, Followed but not Overruled Confident the case is still valid law Reference to entries in the Current Law Yearbook, e.g. Applied, 03/5359 = yearbook 2003, para. 5359
10 Strategy 1 Paper Sources STATUTES Climate Change and Sustainable Energy Act 2006 Look up 2006 CL Legislation Citator, then Statute Citator index for 2006 Received Royal Assent on 21 June 2006 Check all CL Legislation Citators from 2006 to present
11 Strategy 1 Paper Sources STATUTES Climate Change and Sustainable Energy Act 2006 Look up 2007 CL Legislation Citator, then Statute Citator index for 2006 Commencement Orders: SI 2007/538 Art 2.
12 Strategy 1 Paper Sources STATUTES Climate Change and Sustainable Energy Act 2006 Look up 2008 CL Legislation Citator, then Statute Citator index for 2006 A number of changes to sections in the original version
13 Strategy 1 Paper Sources STATUTES Climate Change and Sustainable Energy Act 2006 Look up 2009 CL Legislation Citator, then Statute Citator index for 2006 s.14, applied: SI 2009 / 3019 Art.2
14 Search Strategy 2 Internet Sources + Paper Gateways Find sources Examples: AccesstoLaw Delia Venables LawLinks Scottish Law Online Official Websites Free sources of legal materials update with Citators Examples: BAILII Law Society of Scotland Scottish Court Service Scottish Council of Law Reporting
15 Search Strategy 2 Legal Gateway: AccesstoLaw Contains links to authoritative websites ~1400 selected UK, Commonwealth and worldwide legal websites Legal, government, parliamentary sites Sites relevant to practising lawyers in UK emphasis on substantive law content legislation, case reports, treaties etc. related materials: reports, codes of practice, official guidance, etc.
16 Search Strategy 2 Legal Gateway: Delia Venables Contains: legal resources in UK & Ireland Information for lawyers (jobs, experts etc.) Free resources by topic
17 Search Strategy 2 Legal Gateway: LawLinks Signposts to free official websites good starting points for legal research includes: UK resources UK government International law European Union Human rights Private international law Legal profession & legal education Further research resources
18 Search Strategy 2 Legal Gateway: Scottish Law Online Links to courts, legislation, organisations, governments, professional bodies, societies, universities, journals, publishers bookshops Practical Resources area has practical tools for lawyers
19 Search Strategy 2 Official Website: BAILII British & Irish Legal Information Institute Contains: Scottish case law databases - judgments of Court of Session, High Court of Justiciary and Sheriff Court, 1998 onwards. Acts of the Scottish Parliament and Scottish Statutory Instruments, both 1999 onwards. Selected Scottish Law Commission publications Judgments on BAILII not accessible using search engines May need to remove case / unamended versions of text may be stored in cache All legislation on BAILLI = as it was originally passed or assented to Use Current Law Legislation Citators to bring up to date Make sure judgment has not been the subject of an appeal before relying on it as an authority Use Current Law Case Citators to bring it up to date
20 Search Strategy 2 Official Website: Scottish Court Service Contains: information relating to civil and criminal courts within Scotland Court of Session High Court of Justiciary Sheriff Courts Justice of the Peace Courts other courts, commissions and tribunals Daily court business (Rolls of Court) Court opinions (since Sept 1998)
21 Search Strategy 2 Official Website: legislation.gov.uk Only around half of all items of legislation: up-to-date to present Notified: Changes to Legislation message at the top of the Table of Contents Tell you either: no known outstanding changes to the Act are some outstanding changes yet to be applied Unamended legislation: outstanding changes and effects waiting to be applied to it listed at top of the provision Must use paper source - CL Legislation Citators to bring up the date
22 Official Website: Scottish Council of Law Reporting Manage publication of Session Cases Help promote best practice of Scots law Includes: Archive of all Session Cases reports back to 1821 Session Cases Online (free): opinions of the judges for some key Scottish law reports NOTE: contain the opinions of the judges only and are not the full law report contained in Session Cases
23 Strategy 2: Find original case report or statute online, then check Current Law Case/Legislation Citators Contain: Full name of any case reported between 1947 and current year (alphabetically by 1 st party) Citations for case digests in law reports/journals Reference to Current Law Yearbook where case digested, e.g. 05/5032 History of any case judicially considered from 1947 to date Updated in Monthly Digests (Table of Cases)
24 Strategy 2: Searching Current Law Case Citators Look in relevant section for Scottish cases Year of case known: Begin search in citator for relevant year Check all citators after that year for the case Finds all subsequent developments Check Table of Cases in latest Monthly Digest Don t know year: check all citators beginning with the first No mention of case: Pre-1947 and never considered by courts since Looking in the wrong section
25 Breach of the Peace Dyer v Brady I know year of case = 2006 Look in Current Law Case Citator for 2006 Scottish Case = look in Scottish Case Citator Index at the back of the volume Digested 06/5164 = look in CL Yearbook 2006 Check every volume CL Case Citators to 2010, then most recent monthly digest Monthly Digests are cumulative
26 Website: Keeping Informed Law Society of Scotland Professional information about Scots law News; current issues; events E-bulletin (monthly newsletter) The Journal Online LawScotJobs online Blog and Twitter
27 Website: Keeping Informed Scottish Legal News latest developments in Scotland s legal sector jobs; news; events e-newsletter ed to you (free service)
28 Newspaper: Keeping Informed Scotsman See Monday edition Law & Legal Affairs section Register for updates
29 Summary Don t use Google or Wikipedia Use authoritative sources: Electronic: legal gateways & websites Paper: Stair Memorial Encyclopedia; key texts (Gloag & Henderson); Current Law Citators Original versions of case reports and statutes online still valid law? Bring up to date using Current Law Case Citators, Legislation Citators
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