Post on 30-Mar-2015
Legal Research skills
Case law
Academic Support Librarian
October 2010
This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.
Why learn legal research skills?
To understand your reading lists To go beyond your prescribed reading To widen your research for your essays and
dissertations Mooting Further study – Masters..and beyond.. Job – law firms/chambers expect trainees to be able
to carry out legal research
Skills learnt now will continue to be useful to you in any further law studies or career.
What are we talking about?Terms you will come across
Primary sources
Case law Law report Judgment Transcript Decision Opinion
Secondary sources Books Journal articles
Why is case law important?
Where judicial precedent applied in courts by judges interpreting statute law
Large body of law within case judgments
Therefore: important to understand hierarchy of courts important to find fullest reports of judgments Law libraries will have access to collections of
law reports to enable research both in print and electronically across several centuries
What are law reports?
Published reports of cases Not all cases are ‘reported’ in UK Only a small proportion of all cases heard
published
Why are some reported? Interprets/clarifies/reinforces statute law Overturns a previous judgment
Editors of law reports series select what is to be published
What are law reports?
Several reports of the same case can exist Format might be different - judgment will be
the same in all
NOTE: some law reports are more authoritative and respected above others particularly in court and in mooting practice
Reading a law report Names of parties Dates of hearing in court Judge/judges Catchwords ; Headnote Lists of cases cited in the judgment Legislation cited Summary of actions and facts Judgments – full verbatim text Solicitors ; Names of Counsel
Case citations Derry v Peek (1889) L.R. 14 App. Cas. 337 R v Lowe [1973] QB 702 Airedale NHS Trust v Bland [1993] 1 AC 171 Re D (A Child) [2007] 1 A.C. 619
Party names - year - volume - law report abbreviation - page
Tip: Follow this principle in many jurisdictions not just UK
AbbreviationsCardiff Index of Legal Abbreviationshttp://www.legalabbrevs.cardiff.ac.uk Or in print, Raistrick Index to Legal Abbreviations and Citations [Reference Collection K50 R51 first floor]
- same abbreviation can refer to different law reports - if in doubt check jurisdiction (i.e. UK/Canada/Australia)
Search for series title on Library Catalogue – will show print and/or online versionPrint - note classmark and location, e.g. KD275Locate on first floor - ‘Law books and Law reports’ block Or access Electronic version – use the link on the Catalogue or go to E-Journals page
NB: no individual case name will be on the Library Catalogue
Is one report more authoritative/official than another?
Indexes and databases usually list the references in order of importance: Pepper (Inspector of Taxes) v Hart, House of Lords, 26 November 1992Where Reported: [1993] A.C. 593; [1992] 3 W.L.R. 1032; [1993] 1 All E.R. 42; [1992] S.T.C. 898; [1993] I.C.R. 291; [1993] I.R.L.R. 33; [1993] R.V.R. 127; (1993) 143 N.L.J. 17; [1992] N.P.C. 154; Times, November 30, 1992; Independent, November 26, 1992
The Law Reports, 1865 - Several sequences representing different courts:
AC, Ch. KB/QB, Fam.
Authoritative series for England & Wales Judgments are approved by the judges before published
Should be "cited in preference where there is a choice". Where? Law Books and Law Reports KD275 – 279 1st floor Westlaw UK – select Cases; search by case name or
keywords in document text (free text) Justis – select Cases. Displays in original format Lexis Library – select Cases; search by case name;
keywords in document text
Weekly Law Reports (WLR) 1953 –KD282 W39 first floorWestlaw UKJustis
All England Law Reports (AllER) 1936 –KD288.A64 A41 first floorLexis Library
Specialised law reports series – many of theseSimon’s Tax Cases (STC);British Company Cases (BCC)… Use Library Catalogue for print / online Or use E-Journals web page to locate which
database to use – search by series title
Other law reports
Online resources for case law
Image Placeholder #1
Image: Screenshot of the ‘Cases’ search page of online legal service Westlaw UK
Subscription resource: Yes
Edited: No
Date: 2010
Image Placeholder #2
Image: Screenshot of the ‘Cases’ search page of online legal service Justis
Subscription resource: Yes
Edited: No
Date: 2010
Image Placeholder #3
Image: Screenshot of the ‘Cases’ search page of online legal service Lexis Library
Subscription resource: Yes
Edited: No
Date: 2010
Finding by case nameIf you have no citation just the party name(s): Online – use Cases option; one / both party names
Westlaw UK – case law from 1235 -
Lexis Library - case law from 1865 -
Justis / JustCite (The Law Reports, Weekly Law Reports)
Print indexes/digests of casesThe Law Reports Index (first floor)
Current Law KD296.C8 C97 (first floor) Covers UK case law ‘reported’ since 1947 Alphabetical Index by first party name Annual volumes – Current Law Yearbooks
Image Placeholder
Image: Screenshot of the ‘Cases’ search page of online legal service Westlaw UK
Subscription resource: Yes
Edited: Yes
Amendments: The ‘cases’ tab in the top of the screen is circled in red
Date: 2010
No need to add the ‘V’
Image Placeholder
Image: Screenshot of the ‘Cases’ search page of online legal service Westlaw UK
Subscription resource: Yes
Edited: Yes
Amendments: In the 'Party Names' field, the names 'donoghue' and 'stevenson' are written. These names are circled in bold red, and 'No need to add the 'V' is written to the side in large bold red text. In the 'Browse' section below, the hyperlinks 'Case Analysis Documents' and 'Law Reports and Official Transcripts' are circled in bold red. The text 'Browsing options if you know the references' is written in large bold red text. Date: 2010
Image Placeholder
Image: Results screen for the Donoghue v Stevenson search described above, on Westlaw UK.
Subscription resource: Yes
Edited: Yes
Amendments: The search result is: Donoghue v Stevenson, House of Lords, 26 May 1932. The last field of the search result is called 'Documents'. The documents are listed as hyperlinks, called 'Case Analysis'; '[1932 A.C. 562]', '1932 S.C. (H.L.) 31'; '1932 S.L.T. 317'. These hyperlinks are circled in bold red text. Next to this, large bold read text reads 'Full text documents on Westlaw'.
Date: 2010
Finding cases by subject Online
Westlaw UK – search by keywords in free text in Cases Lexis Library – keywords in Search term box in Cases
Justis – free text box in Cases
Search by keyword, names, legislation or other case names
Print – use the subject indexes of:– Current Law back to 1947 - KD296.C8 C97 (first floor)
– The Law Reports Index 1865 - KD285 L41 (first floor)
– The Digest - KD296.E52 E51– Textbook collections
Case summaries Westlaw UK – Case Analysis section Lexis Library – CaseSearch section JustCite Lawtel UK – daily updates WLR Daily – daily updates on latest cases in High courts Newspaper reports, e.g. Times Law Reports (Lexis
Library) Law journals, e.g. Solicitor’s Journal, New Law Journal Current Law Yearbooks and Monthly issues, KD296.C8 C97
Use for: keeping up to date reading key facts and outcome of decisions
Following history of a case Need history of a case to establish whether cases are still
‘good law’ Judgment can:
Be overturned by a later case; Overturn an earlier judgment Apply principles of a previous one; Follow or approve a previous decision Be followed by a later (subsequent) case
Use Westlaw Case Analysis record Lexis CaseSearch record Justis – look at the tabs on a case display Print: Current Law Citators and Current Law Yearbooks, first floor -
summaries and index note where a judgment has been followed, applied, distinguished.
Case Analysis – Westlaw UKImage Placeholder
Image: A screenshot of the screen displayed after clicking on the 'case analysis' hyperlink provided in the search results screen, on Westlaw UK.
Subscription resource: Yes
Edited: Yes
Amendments: Text in the centre of the screen is circled in bold red. This reads 'Status: - Negative Judicial Consideration'; 'R. (on the application of Purdy) v DPP'; 'Court of Appeal (Civil Division)'; '18 February 2001'; 'Case Analysis'. Next to this selection is the bold red text: 'February Judgement noting that affected by another decision - see Appellate History for details.
On the left of the screen, the hyperlinks underneath the title 'Case Analysis' are circled in bold red. The selected text reads: Where Reported; Case Digest; Appellate History; Significant Cases Cited; Legislation Cited; Journal Articles'.
Date: 2010
Appellate / Case History Image Placeholder
Image: A screenshot of the screen displayed after clicking on the Appellate History' hyperlink described above, on Westlaw UK.
Subscription resource: Yes
Edited: Yes
Amendments: Links to three documents are displayed on the right, in chronological order. In the centre of the screenshot, large, bold red text reads February judgement was reversed by House of Lords judgement in July 2009
Date: 2010
Case searching on Lexis Library
Image Placeholder
Image: Screenshot of the ‘Cases’ search page of online legal service Lexis Library
Subscription resource: Yes
Subscription resource: Yes
Edited: Yes
Amendments:
The search boxes ‘Case name’; ‘Sources’; and ‘Search terms’ at the top of the screen are circled in bold red. Large, bold red text reads ‘Insert party names or key subject words’
Date: 2010
Full text official judgment
Image Placeholder
Image: A screen shot listing search results, having entered 'Purdy' into the 'Case Name' field of the case search screen.
Subscription resource: Yes
Subscription resource: Yes
Edited: Yes
Amendments:
Three results are circled in bold red, to illustrate the different types of sources listed.
The 1st circled result is 'R (on the application of Purdy) v Director of Public Prosecutions'. Large, bold red text above this reads 'full text official judgement'.
The 2nd circled result is 'R (on the application of Purdy) v Director of Public Prosecutions - 109 BMLR 153'. Large, red bold text to the side of this reads 'published law report'.
The 3rd circled result is 'R (on the applpication of Purdy) v DPP [2009] UKHL 45, [2009] WLR 403'. Large, red bold text to the side reads 'CaseSearch provides notes about cases'.
Date: 2010
CaseSearch on LexisImage Placeholder
Image: A screen shot displaying the options available after clicking on a CaseSearch option described above.
Subscription resource: Yes
Subscription resource: Yes
Edited: Yes
Amendments:
A bold red line circles a table in the centre of the page, which has three entries in it. The table column titles are 'Annotations'; 'Case Name'; 'Citations'; 'Court'; 'Date'; and 'Signal'. Large, bold, red text above the table reads 'See annotations about a case plus links to other related decisions'.
Date: 2010
Justis
Image Placeholder
Image: A screen shot displaying an individual record, after searching for Purdy on the Justis case search page.
Subscription resource: Yes
Subscription resource: Yes
Edited: Yes
Amendments:
A bold red circle highlights the tabs at the top of the page, which are ‘Outline’(in blue), ‘Also Reported In’, ‘Cases Considered’, ‘Subsequent Cases’, ‘Legislation Cited’, and ‘Related Articles’. To the side, large, red, bold text reads ‘Tabs with notes about case history, legislation, articles’
Date: 2010
Recent / unreported cases Only small number ‘reported’ so many
unreported All cases have ‘neutral citation’ Can be confusing as abbreviation here does
NOT refer to a print copy law report Cases can be published on the internet
before they appear in a law report seriesR v Herbert & Ors [2008] EWCA Crim 2501 (29 October 2008)
Name - year – jurisdiction - court - division - case number - para
Finding recent / unreported cases
Locate online
Recent judgments: BAILII www.bailii.org.uk
High Court judgments back to 1997 Can be published within hours
Westlaw UK For unreported cases look at Official Transcript
Lexis Library Unreported cases back to 1980
Old cases ‘Modern’ law reporting began in 1865 You will need to locate cases prior to this date, e.g.
Dalloway (1847) 2 Cox CC 273 Use ‘Cardiff Index’ Will be reprinted in English Reports, 1235 – 1865
175 volumes, KD270 E51 first floor Easier to use online at any of these:
– Westlaw UK– Justis– Hein Online– CommonLII Tip: online versions make pre-1865 cases easier to find and
use. Search by keywords or name.
Why not use Google?Much information is freely available but be aware: No quality standards or peer review Information can be moved, changed or removed without
warning, wrong, out of date and biased Law changes – being up to date is paramount. Know that you are looking at authoritative information,
e.g. official court or legislation websites e.g. BAILII, EUR-Lex
Won’t include information from law databases such as Lexis or Westlaw therefore not a complete picture.
Have a look at this Internet tutorial: http://www.vts.intute.ac.uk/tutorial/law/
If rely only on Google searching, you will miss crucial information and could be using inaccurate information.
Electronic resources recap
Electronic Resources via Library website Use the subject guides When know the database that you need, use
the Library Catalogue search by database name
Law reports listed on E-Journals webpage – will specify which database to use for a series – search by series title
Use LSE username and password to access
Further reading Use if you are researching a new topic or jurisdiction. All will cover both hard copy and electronic methods of
research. Note: some titles are a few years old but the principles of legal research and hard copy materials remain valid although online information resources may change.
Bradney, A. Cownie, F. Masson, J. Neal, A. Newell,D How to study law. Sweet & Maxwell, 5th edition. 2005
Clinch, P. Using a law library OUP, 2nd edition. 2001 Finch, E., Fafinski, S. Legal Skills OUP, 2007 Holborn, G. Butterworths’ Legal Research Guide.
Butterworths. 2nd edition, 2001 Knowles, J., Thomas, P Effective Legal Research. Sweet &
Maxwell, 1st edition 2006
Guidance and help Legal research books/guides: use when
covering new jurisdictions/subjects Law Library guide Internet for law tutorial