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Secondary Sources Finding the law using sources that share the expertise of others Jane Cavanagh, Alberta Law Libraries and Shaunna Mireau, Field Law.

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Presentation on theme: "Secondary Sources Finding the law using sources that share the expertise of others Jane Cavanagh, Alberta Law Libraries and Shaunna Mireau, Field Law."— Presentation transcript:

1 Secondary Sources Finding the law using sources that share the expertise of others Jane Cavanagh, Alberta Law Libraries and Shaunna Mireau, Field Law

2 Source: sources/5_1-dictionaries_books.htmlhttp://web5.uottawa.ca/www2/rl-lr/eng/secondary- sources/5_1-dictionaries_books.html

3 Why a secondary source? When you don’t have a starting point, Secondary sources help you : gather information on a new or unfamiliar topic situate and contextualize the legal problem or debate; define the legal issue(s) identify legal subjects, concepts or issues not yet considered develop search strategies and effective keywords and search strings save time

4 Why a secondary source? When you do have a starting point, secondary sources help: gain context: background information not likely to be stated in cases, statutes, or other legal authorities narrow the scope of your research identify further precedents save time

5 A Question Our clients hold shares in a corporation and disagree with the plan of arrangement that the board is proposing. There was an SCC case called BCE Inc. v Debentureholders, 2008 SCC 69, that talked about directors fiduciary duties and fair treatment of security holders. You have been assigned several tasks: Find the ABCA equivalent of the CBCA s.122 and see if there is commentary more recent than 2008 Are there any judicial definitions of "best interests" in the corporate law context Look for commentary on the case and see how BCE is being applied in Alberta regarding fiduciary duties What do the Alberta Courts say about fiduciary duties of directors

6 Annotated Legislation Find the ABCA equivalent of the CBCA s.122 and see if there is commentary more recent than 2008

7 Annotated Legislation Annotated legislation provides context Lots of federal acts are annotated (Criminal Code, Income Tax Act, Business Corporations) Sometimes have a concordance with jurisdictional equivalents

8 Annotated Legislation

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10 Annotated Legislation – Rules of Civil Procedure

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12 Judicial definitions Are there any judicial definitions of “best interests” in the corporate law context – Legal Dictionaries – Words and Phrases dictionaries

13 Legal Dictionaries

14 Print and online

15 Blacks Law Dictionary Is American…

16 Words and Phrases Judicial definition dictionary or a search template WNC – Part of the Canadian Abridgment (print and online) National Reporter System search (online) LNQL – search template (online)

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21 Couldn’t we just note it up?

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23 Legal commentary Strategy when you have a case 1 st – Link to newer/same jurisdiction cases using digests links – Link from case to commentary using WNC or LNQL Noting Up tools Strategy when there is no starting decision or there is too much data – Find encyclopedia references – Find Textbook references – Browse case digests by topic

24 Digests How is BCE being applied in Alberta regarding fiduciary duties? – Look at case digests 1.In WNC, when viewing the case select Abridgement link and look for your point of law – all digests are collected by category 2.In LNQL, go to the Canada Digests 3.In the National Reporter System search Key Numbers – Look for our jurisdiction under the same digest heading

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26 Canadian Abridgment Digests

27 LNQL Canada Digest

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29 LNQL Links to digests

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31 Browsing for Digests Controlled language “All” cases on an issue in one spot Three product options – WNC – Canadian Abridgment Digests – LNQL – The Canada Digest – MLB – Topic and Key Number System

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33 Commentary What do the Alberta Courts say about fiduciary duties of directors? Look to legal commentary. Commentary is found in – Conference Proceedings – Textbooks – Encyclopedias – Journals – Blogs

34 Which Textbook? Suggested Texts from /commentary/texts/suggested-textbooks/ /commentary/texts/suggested-textbooks/ Library Catalogue Research Guides

35 Library Resources

36 Library Research Guides

37 Library Catalogue

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39 Library Catalogue Conference Proceedings

40 Conference Proceedings

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43 Textbooks Don’t be afraid to use more than one for the same question Find out what your firm owns Electronic texts work the same as print – Sometimes print is faster

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47 Link to Encyclopedias LNQL - Halsbury’s Laws of Canada WNC – The CED (Canadian Encyclopedic Digest)

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50 Halsbury’s Laws of Canada - Quicklaw

51 Halsbury’s Laws of Canada - Print

52 Journals Journal articles look at an issue academically Also good for emerging to changing areas of law Origin in time reference for developed law Link or search Don’t forget Open Source

53 Link to Journal Articles

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55 Journals

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57 Journals - HeinOnline

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59 Journals – Google Scholar

60 Journals - Online

61 Blogs - Slaw.ca

62 Custom Blog Searching

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65 Blogs link to blogs Blog tags can lead to other cases on a topic

66 What if there are no results? Write as you go; keep notes Show your path and method Sources Consulted list in your memo Legal Research Checklist If you keep finding the same things, you are likely done


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