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Conducted by: Carol Wee Content by: Lee Su-Lin Legal Research © 2008-14 C J Koh Law Library.

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Presentation on theme: "Conducted by: Carol Wee Content by: Lee Su-Lin Legal Research © 2008-14 C J Koh Law Library."— Presentation transcript:

1 Conducted by: Carol Wee Content by: Lee Su-Lin Legal Research © C J Koh Law Library

2 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.author No copyright is claimed in the text of statutes, regulations and court decisions quoted within this work. © C J Koh Law Library

3 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. © C J Koh Law Library

4 Contents 1.Secondary sources of law p.5 p.5 2.The research process p.7 p.7 3.Textbooks, casebooks, etc. p,10 p,10 4.Legal encyclopaedias p.14 p.14 5.Legal periodicals & indexes p.21 p.21 6.How to find journal articles p.22 p.22 7.Indexes to statutes p.39 p.39 8.Indexes to cases p.44 p.44 9.Case citators p.54 p.54

5 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 encyclopaedias 3. Legal periodicals 4. Research literature, e.g. Theses 5. 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

6 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 e/99/ pdf) e/99/ pdf 6

7 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. Legend Secondary Sources of Law Primary Sources of Law A 7

8 II. The Research Process Where do I start? Textbooks on topic, Legal encyclopaedias Journal articles, Theses for more details, current opinions or commentaries Cases or Legislation may refer to to find more Indexes, Digests, Databases to note up Citators may refer to Textbooks, Journal articles, Encyclopaedias, Digests to understand Dictionaries, Glossaries for meanings of words to find more Indexes, Databases © C J Koh Law Library

9 II. The Research Process 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

10 Books under this category include: (a) Textbooks Provide commentaries and critical evaluation of the law. E.g. Constitutional Law in Malaysia and Singapore (b) Casebooks Contain 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 books Primarily for use by legal practitioners. E.g. Chitty on Contracts III. Textbooks, Casebooks, Etc. 10

11 III. Textbooks, Casebooks, Etc. To find a book in the NUS Libraries, search the catalogue LINC via the NUS Libraries Portal.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

12 III. Textbooks, Casebooks, Etc. Select relevant edition for more details 12 E.g. Principles and Practice of Securities Regulation in Singapore by Hans Tjio

13 III. Textbooks, Casebooks, Etc. Book is available in several locations 13 E.g. Principles and Practice of Securities Regulation in Singapore by Hans Tjio

14 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

15 IV. Legal Encyclopaedias 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 Supplement and Current Service for updates 15

16 IV. Legal Encyclopaedias 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 5 th Edition (black) of Halsbury’s is in progess. Not all volumes have been revised yet. You will still need to refer to the 4 th Edition (brown) for some topics. Example: Researching “conversion of property” using Halsbury’s Laws of England (Ref: KB11 Hal) 16

17 IV. Legal Encyclopaedias Consolidated Index 2013 (A-E) References to relevant volume, edition and paragraphs on “conversion of property” Step 1 (contd.): 17

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

19 IV. Legal Encyclopaedias 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

20 IV. Legal Encyclopaedias 2013 Cumulative Supplement Part 2 Updates for Vol 45(2), 4 th ed, para 542 Current Service: Noter-up Jul 2013 Check this for more current info 20 Step 3 (contd.):

21 V. Legal Periodicals & Indexes Legal Periodicals Law 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 Periodicals Provide listings of journal articles. E.g. Index to Foreign Legal Periodicals Index to Legal Periodicals and Books LegalTrac Search tool for articles

22 1.Find out what journal the abbreviation stands for using an index to legal abbreviations e.g. Cardiff IndexCardiff Index 2.Search for journal title in LINC.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 A Quick Look at Journal Citations VI. How to Find Journal Articles If you have a citation 22

23 A Quick Look at Journal Citations VI. How to Find Journal Articles If you have a citation 23 E.g. Using Cardiff Index Search for “Modern Law Review” in LINCLINC

24 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. NUS Libraries Portal 2. Search for the journal title in LINC.LINC VI. How to Find Journal Articles If you DON’T have a citation 24

25 Select the most relevant database based on jurisdiction: JurisdictionDatabase 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 Articles If you DON’T have a citation 25

26 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 PortalNUS Libraries Portal VI. How to Find Journal Articles Searching Indexes 26

27 VI. How to Find Journal Articles E.g. LegalTrac via NUS Libraries Portal 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 Q: Where do I find articles on “Rylands v Fletcher”? Searching Indexes – LegalTrac

28 VI. How to Find Journal Articles Searching Indexes – LegalTrac Select LegalTrac 28 Q: Where do I find articles on “Rylands v Fletcher”?

29 VI. How to Find Journal Articles Searching Indexes – LegalTrac Enter NUSNET ID and password if off campus Click here if on campus 29 Q: Where do I find articles on “Rylands v Fletcher”?

30 VI. How to Find Journal Articles Enter search terms Searching Indexes – LegalTrac 30 Q: Where do I find articles on “Rylands v Fletcher”?

31 VI. How to Find Journal Articles Click on title for more bibliographic information Full texts occasionally available in PDF format Search results: Searching Indexes – LegalTrac 31 Q: Where do I find articles on “Rylands v Fletcher”? Take note of citation; search for journal title in LINCLINC

32 VI. How to Find Journal Articles 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 PortalNUS Libraries Portal JSTOR – NUS Libraries PortalNUS Libraries Portal LawNet – Law Proxy ServiceLaw Proxy Service LexisNexis - NUS Libraries PortalNUS Libraries Portal Westlaw - Law Proxy Service.Law Proxy Service This tutorial will only touch very briefly on the use of full text databases to retrieve articles.

33 VI. How to Find Journal Articles Databases – HeinOnline 33 Q: Where do I find articles on “inchoate title”? E.g. HeinOnline via NUS Libraries PortalNUS Libraries Portal

34 VI. How to Find Journal Articles Databases – HeinOnline 34 Q: Where do I find articles on “inchoate title”?

35 VI. How to Find Journal Articles Databases – HeinOnline 35 On this page, you can browse publication titles. If not, then select your preferred search options:

36 VI. How to Find Journal Articles Databases – HeinOnline 36 Q: Where do I find articles on “inchoate title”? 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 VI. How to Find Journal Articles Databases – HeinOnline 37 Q: Where do I find articles on “inchoate title”? On results page:

38 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

39 VII. Indexes to Statutes Singapore Print Statutes of the Republic of Singapore Alphabetical List of Public Acts Ref: K (available at Loans Desk) Sesquicentennial Chronological Tables of the Written Laws of the Republic of Singapore Ref: K Online Singapore Statutes Online: Consolidated legislation 39

40 VII. Indexes to Statutes UK 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 ( ; ; ) Ref: K2017 Gre Index to the Statutes ( ) Ref: K2017 Gre 40

41 VII. Indexes to Statutes UK Online Legislation.co.uk Official website for UK legislation. Original and revised Acts 41

42 VII. Indexes to Statutes Print Federal Statutes Annotations See “Table of Principal Acts” in Volume 1 Ref: K Fsa Online AustLii Consolidated legislation for Commonwealth, state & territories ComLaw “ As made” and consolidated Commonwealth legislation Australia 42

43 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 Reports These are indexes published by the individual law report series. 2. Indexes with Abstracts of Cases The 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

44 VIII. Indexes to Cases 1. Indexes to Law Reports Singapore Law Reports (Reissue): Comparative Table of Citations & Table of Cases Reported 1965 to 2009 Ref: K7599 SLR Singapore Law Reports (Reissue): Subject Index Ref: K7599 SLR The Malayan Law Journal: Consolidated Tables & Indexes … Ref: K7599 MLJ 2. Indexes with Abstracts of Cases Mallal’s Digest of Malaysian and Singapore case law. Ref: K Md This set is accompanied by: Mallal's Digest: Consolidated Table of Cases 2009 Reissue Ref: K Md Mallal’s Digest: Consolidated Subject Index 1808 to 2012 Ref: K Md 2009 Singapore 44

45 VIII. Indexes to Cases Singapore 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

46 VIII. Indexes to Cases Singapore Q. What is the quantum of damages for head injury? (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.

47 VIII. Indexes to Cases Singapore Q. What is the quantum of damages for head injury? 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

48 VIII. Indexes to Cases Singapore Q. What is the quantum of damages for head injury? Step 2 (contd.): 48 Refer to these paragraphs (1287; ) for cases on damages for head injuries/injury Cases on quantum of damages Subject Index in Mallal’s Digest Volume 6

49 VIII. Indexes to Cases Singapore Q. What is the quantum of damages for head injury? Step 2 (contd.): 49 Case citation Paragraph no. Damages for head injury

50 VIII. Indexes to Cases Singapore For more recent decisions, you may refer to: Mallal’s Digest [Yearbooks] Search the “Subject Index” within each volume. Ref: K MDY Mallal’s Current Law Search 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: K MCL 50

51 VIII. Indexes to Cases 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 Chart Use 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

52 VIII. Indexes to Cases 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

53 VIII. Indexes to Cases Australia Indexes with Abstracts of Cases The Australian Digest Consult the “Consolidated Index and Tables”. Ref: K9011 AD3 Australian Current Law: Reporter For 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

54 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

55 IX. Case Citators TermAbbrevDefinition AppliedAppl Used where the principles of law in the annotated case have been applied to a new set of facts and circumstances FollowedFoll/Folld Used to denote that the principle of law established in the annotated case has been applied in the annotating case Not followedNot 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 DistinguishedDist/Distd Used where the annotated case is not applied in the annotating case due to some distinction in the facts or in the law OverruledOverd/ Overld Used where a higher court has held the annotated case to be wrong Examples of terminology associated with noting-up: 55

56 IX. Case Citators Singapore Print Mallal’s Digest: Case Citator 1932 to 2010 Ref: K Md 2010 The Singapore Law Reports (Reissue): Table of Cases Referred to: 1965 to 2009 Ref: K7599 SLR OnlineLawNet Access: Law Proxy ServiceLaw Proxy Service UK PrintCurrent Law Case Citator Ref: KB3 CLC OnlineJustCite Access: NUS Libraries PortalNUS Libraries Portal Australia PrintAustralian Case Citator Ref: K9012 ACC OnlineCaseBase (in LexisNexis AU) Access: NUS Libraries PortalNUS Libraries Portal These are the major case citators for 3 jurisdictions: 56

57 IX. Case Citators E.g. Mallal’s Digest: Case Citator 1932 to 2010 (2 Vol.) K Md 2010 Singapore 57

58 IX. Case Citators E.g. Mallal’s Digest: Case Citator 1932 to 2010 (Vol. A-L) Singapore 58 Annotated case Annotating cases

59 IX. Case Citators Singapore 59 E.g. Singapore Law Reports (Reissue): Table of Cases Referred to: 1965 to 2009 (Vol. A-L) Annotated case Annotating cases

60 IX. Case Citators E.g. JustCite via NUS Libraries PortalNUS Libraries Portal UK 60

61 IX. Case Citators E.g. JustCite UK 61

62 IX. Case Citators UK 62 E.g. JustCite

63 IX. Case Citators Australia 63 Select CaseBase Enter case name e.g. Hedley Byrne Click on Find button E.g. CaseBase in LexisNexis AU via NUS Libraries PortalNUS Libraries Portal

64 IX. Case Citators Australia 64 Select relevant decision, e.g. House of Lords E.g. CaseBase in LexisNexis AU

65 IX. Case Citators Australia 65 List of annotating cases for Hedley Byrne Click on citation for full text of annotating cases Annotations E.g. CaseBase in LexisNexis AU

66 IX. Case Citators International 66 E.g. LawCite: This is a free, automatically generated international legal case citator developed by AustLII. Enter name of annotated case

67 IX. Case Citators International 67 E.g. LawCite : Select relevant decision e.g. House of Lords

68 IX. Case Citators International E.g. LawCite : List of annotating cases 68 Click on citation for full text of annotating case

69 IX. Case Citators 69 For more details on the noting-up process, you may refer to the Powerpoint tutorial on Noting-upNoting-up

70 Updated for lecture on 14 Oct 2013 © C J Koh Law Library Contact us: Address: 469D Bukit Timah Road, Singapore Tel: URL: koh-law-library/about-c-j-koh-law-library koh-law-library/about-c-j-koh-law-library Thank You


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