{"id":52,"date":"2024-03-05T10:47:55","date_gmt":"2024-03-05T10:47:55","guid":{"rendered":"https:\/\/routledgelearning.com\/englishlegalsystem\/?page_id=52"},"modified":"2024-10-18T09:03:48","modified_gmt":"2024-10-18T09:03:48","slug":"legal-research","status":"publish","type":"page","link":"https:\/\/routledgelearning.com\/englishlegalsystem\/legal-skills-guide\/legal-research\/","title":{"rendered":"Legal Research"},"content":{"rendered":"\n
Legal research skills are an essential part of any practising lawyer’s toolkit. If you intend to pursue law as a career you can expect to spend a good deal of your time doing legal research. Even if you are not thinking of becoming a solicitor or a barrister law is, by its very nature, an information heavy discipline, so the ability to do legal research well is a fundamental skill required by all law students.<\/p>\n\n\n\n
In short, good legal research skills will enable you to pass your assessments and to get a job.<\/p>\n\n\n\n This resource helps you acquire the necessary legal research skills which will support you in your first year undergraduate work and beyond.<\/p>\n\n\n\n If you work through all the modules in this resource you should be able to:<\/p>\n\n\n\n Before you embark on your research, you need to consider the task you have been set. It might be a problem question depicting an imaginary legal scenario, a fictional situation affecting \u2018pretend\u2019 clients or maybe a more discursive essay type question. For all of these you can use the following questions to help identify the types of information you will need.<\/p>\n\n\n\n Try it yourself!<\/em> Imagine that you have a tutorial to prepare for on the topic of formation of contract. Find a book, or part of book, which might help you to do this.<\/p>\n\n\n\n There are two main types of legal information sources available to you:<\/p>\n\n\n\n The importance of primary sources in law is one of the things which makes studying law very different from many other degree subjects. If, for example, you studied history at degree level, you would spend most of your research time looking at secondary sources \u2014 books and articles. The authors of these books and articles will have used primary sources, that is, actual historical documents, when they wrote them, but the history undergraduate may well never use such sources at all. Law is different. As a law student, you will need to use primary sources all the time, right from the start of your studies. You will also need to supplement primary materials with secondary sources which interpret and comment upon them.<\/p>\n\n\n\n Both primary and secondary materials may be available on the Internet, either as e-versions of printed material or as freestanding items only available online.<\/p>\n\n\n\n Finding primary sources<\/a><\/p>\n\n\n\n Finding secondary sources<\/a><\/p>\n\n\n\n This section covers finding\u00a0primary sources,\u00a0secondary sources,\u00a0European information\u00a0and using\u00a0web resources.<\/p>\n\n\n\n As mentioned, primary sources are the law itself, i.e., statutes or Acts of Parliament, and law reports or cases.<\/p>\n\n\n\n You will often need to find reports of cases. There are many possible sources of these and various ways to find them in both\u00a0paper\u00a0and\u00a0electronic\u00a0formats.<\/p>\n\n\n\n To do the work you have in hand, do you need the full text of the case or will a summary or brief version giving only the minimum of facts and the decision suffice?<\/p>\n\n\n\n If you are preparing for a tutorial and you have little time and a long list of potentially relevant cases to research, then maybe a case summary will suffice. If you are writing a long essay it is unlikely that a digest or summary of the case will give you the depth of information your tutors will expect.<\/p>\n\n\n\n Try it yourself!<\/em> Find out what resources are available which give the full text of cases at your university.<\/p>\n\n\n\n Use paper sources<\/a><\/p>\n\n\n\n Use electronic sources<\/a><\/p>\n\n\n\n As a law student, you will encounter references to Acts of Parliament or statutes and will need to find these. There are a number of possible sources. Some are\u00a0paper-based\u00a0and others exist only in\u00a0electronic\u00a0format. Some are available in both formats.<\/p>\n\n\n\n It is important to think carefully about the type of information you need before selecting your approach. In particular do you need:<\/p>\n\n\n\n Try it yourself!<\/em> Find out what resources are available which give the full text of statutory material at your university.<\/p>\n\n\n\n Use paper sources<\/a><\/p>\n\n\n\n Use electronic sources<\/a><\/p>\n\n\n\n Find out more about\u00a0researching primary sources. Or go to\u00a0secondary sources,\u00a0European information\u00a0or\u00a0web resources.<\/p>\n\n\n\n Your institution will probably subscribe to one or all of these electronic resources. These sources can save you lots of time in tracking down case materials and also save on printing paper!<\/p>\n\n\n\n Scroll down to read about some of the most popular subscription based e-resources, providing both case summaries and full reports.<\/p>\n\n\n\n <\/a>Lawtel UK<\/em> is a web-based database which provides summaries of case reports and, in many instances, links to the full text of reports.<\/p>\n\n\n\n Visit Lawtel UK’s website<\/a>.<\/p>\n\n\n\n Lexis+<\/em>\u00a0is a well established database covering legal information and news. Its coverage includes UK cases, in full text.<\/p>\n\n\n\n Visit Lexis+<\/p>\n\n\n\n <\/a>Westlaw UK<\/em> is a wide ranging legal information database which includes UK cases, many in full text. The case coverage in Westlaw UK is useful since it links you straightaway to a lot of secondary interpretative material in the shape of journal articles about cases. Westlaw UK also gives useful summary or abstract information in relation to most modern cases.<\/p>\n\n\n\n Visit Westlaw UK’\u2019s website<\/a>.<\/p>\n\n\n\n Try it yourself!<\/em>\u00a0Find an electronic version of\u00a0Donoghue v Stevenson<\/em>. If your library has access to more than one electronic source, try looking for the same case with different databases. Is the material you find presented differently?<\/p>\n\n\n\n Finding cases with paper sources<\/a><\/p>\n\n\n\n Scroll down to read about some of the electronic search tools giving access to statutes and statutory instruments.<\/p>\n\n\n\n Download this Quick Guide<\/a><\/p>\n\n\n\n <\/a>The UK Statute Law Database<\/em> is the official revised edition of the primary legislation of the United Kingdom. This site shows amendment and repeals of statutes and statutory instruments.<\/p>\n\n\n\n Visit the UK Statute Law Database website<\/a>.<\/p>\n\n\n\n <\/a>The OPSI<\/em> Legislation<\/em> site at the National Archives includes statutes from 1988 onwards. Use this if you need a post-1988 statute in its original form only: there are no amendments and no repeals.<\/p>\n\n\n\n Visit the OPSI Legislation website<\/a>.<\/p>\n\n\n\n <\/a>Westlaw UK<\/em> contains the consolidated, that is to say fully updated, versions of full text statutes which reflect amendment and repeal. You can search by statute name, subject matter or even by particular section.<\/p>\n\n\n\n Visit Westlaw UK’s website<\/a>.<\/p>\n\n\n\n <\/a>LexisNexis Butterworths<\/em> also contains fully updated versions of full text statutes which reflect amendment and repeal. You can search by statute name, subject matter, or even by particular sections.<\/p>\n\n\n\n Visit LexisNexis Butterworths website<\/a>. Lexis+<\/p>\n\n\n\n Try it yourself!<\/em> Find an up to date version of the Theft Act 1968 in an electronic source.<\/p>\n\n\n\n Finding statutes with paper sources<\/a><\/p>\n\n\n\n Scroll down to read about some of the major paper-based search tools giving access to the law reports.<\/p>\n\n\n\n Download this Quick Guide<\/a><\/p>\n\n\n\n <\/a>The Digest<\/em> is a multi-volume work containing summaries or digests of cases. Its geographical coverage includes Europe and the Commonwealth. You can use it to find:<\/p>\n\n\n\n To find cases on a particular subject, use The Digest\u2019s<\/em> A\u2013Z Subject Index. This gives volume numbers in heavy type and paragraph numbers of the case digests or summaries in lighter type.<\/p>\n\n\n\n If you know the name of the case you want, use The Digest\u2019s Consolidated Table of Cases<\/em>, an alphabetical index of case names. This gives volume numbers but no paragraph references. To find these, you need to look up the case name in the alphabetical list of cases at the front of the relevant volume. This lists the correct paragraph reference numbers.<\/p>\n\n\n\n Current Law<\/em> publications are another good way to find cases and are purchased by many university libraries, and even some public libraries.<\/p>\n\n\n\n Current Law Monthly Digest<\/em>\u00a0is a monthly publication containing digests or summaries of important cases and legislative change.\u00a0Current Law Monthly Digest<\/em>\u00a0adopts a\u00a0subject approach\u00a0and has a subject index. An important thing to remember about the index is that it is cumulative, i.e., you only need to look in the most recent issue to ascertain the contents of all the\u00a0Current Law Monthly Digests<\/em>\u00a0in that year.<\/p>\n\n\n\n To find cases on a particular subject, use the Index. This gives months and paragraph numbers to direct you to relevant cases.<\/p>\n\n\n\n If you know the name of the case you want, use the Cumulative Table of Cases<\/em> to find a summary, and citation details.<\/p>\n\n\n\n If you want to find the full report, use the Brief Case Digest<\/em>.<\/p>\n\n\n\n Current Law Yearbooks<\/em>\u00a0are annual bound volumes of the year’s\u00a0Current Law Monthly Digests.<\/p>\n\n\n\n Current Law Case Citators<\/em>\u00a0comprise a series of hardback volumes covering case law from 1947 onwards, plus paperback volumes for the more recent years. The present year’s\u00a0Case Citator<\/em>\u00a0is included in the\u00a0Current Law Monthly Digest. It can be used to:<\/p>\n\n\n\n If you know the name of the case you want, and you have an idea of the date of the case, you can select just the volume that covers that date. Otherwise, you will need to check through all the volumes until you find what you are looking for. The cases are arranged alphabetically and following the case name you will see a list of all the places where you can find a full report.<\/p>\n\n\n\n Remember, you can use a guide to\u00a0abbreviations\u00a0to decipher the references if you do not know them.<\/p>\n\n\n\n To trace what has become of the decision in a case and how it has affected later cases, use each of the Case Citators in turn depending on the date of the case, e.g., if the case is dated 1982 then you will start with the Citator Volume<\/em> dated 1977\u20131997.<\/p>\n\n\n\n Look up the case alphabetically and concentrate on the information given on the right hand side of the page where you will see words such as, applied, considered, distinguished etc\u2026 The references after the words \u2018applied, cited, considered\u2019 give paragraph numbers in the relevant\u00a0Current Law Yearbooks. The number before the forward stroke (\/) shows you which yearbook to consult, the number after shows the paragraph you need.<\/p>\n\n\n\n Top tip:<\/em> If you are not sure of the meanings of terms like \u2018applied\u2019 or \u2018overruled\u2019 you may want to consult Section 3.6.3 in Slapper & Kelly’s English Legal System text to find out more about precedent within the hierarchy of the courts.<\/p>\n\n\n\n To bring the search right up to date, you can use the Cumulative Table of Cases in the most recent\u00a0Current Law Monthly Digest.<\/p>\n\n\n\n Try it yourself!<\/em> Find this case using the paper and electronic sources at your library: What is the name of the case reported at [1992] 4 All ER 889? How do the different methods compare?<\/p>\n\n\n\n Finding cases with electronic sources<\/a><\/p>\n\n\n\n Scroll down to read about some of the major paper-based search tools giving access to statutes and statutory instruments.<\/p>\n\n\n\n Download this Quick Guide<\/a><\/p>\n\n\n\n <\/a>Public and General Acts<\/em> are published by His Majesty\u2019s Stationery Office (HMSO) and give the text of the statutes as they were when they received Royal Assent. There are no annotations and there is no updating system to reflect amendment. Many public libraries and university libraries stock these.<\/p>\n\n\n\n Law Reports Statutes<\/em>, seemingly a contradiction in terms, are published by the Incorporated Council of Law Reporting. They contain the full text of statutes from 1866 onwards. Like the printed\u00a0Public and General Acts, they have no annotations and no method of updating.<\/p>\n\n\n\n <\/a>Current Law Statutes Annotated<\/em> contains the full text of statutes from 1947. These are annotated but have no updating mechanism. The annotations can be very useful if you are trying to trace the background to an Act. The fact that they do not update in any way may be a problem depending on your research task.<\/p>\n\n\n\n <\/a>Halsbury’s Statutes<\/em> is a multi-volume work organised by subject. It contains the full text of Acts of Parliament as they were at the time the relevant volume was published. For example, if the statute was passed in 1970, amended in 1975 and is included in a volume of Halsbury’s Statutes<\/em> published in 1980 then the version published will incorporate the 1975 amendments and any other amendments made up to 1980.<\/p>\n\n\n\n If you know the title of the act you need, look at the alphabetical Statute Titles index<\/em> in the Index Volume<\/em>. The number in heavy type is the Volume number followed by a page number. Armed with this information you can consult the correct volume and find the text of the statute.<\/p>\n\n\n\n Unfortunately, at any given time some of the volumes may be quite old and you will need to check in two different places to be sure that your information is up to date:<\/p>\n\n\n\n Top tip:<\/em> If you see \u2018S\u2019 in the index, it is a more recent Act and will be found in the current service binders rather than the main volumes. The Act must have been passed since the Halsbury’s Statutes<\/em> volume it belongs to was last published!<\/p>\n\n\n\n Try it yourself!<\/em> Find a printed source of the original version of the Sexual Offences Act 1956. Find an up to date version of the Theft Act 1968 in a paper-based source.<\/p>\n\n\n\n Secondary material helps you understand and interpret what you have found in the statutes and the law reports (the primary sources). Reading this type of material will ensure that you have a better understanding of the topics you are covering on your course and clever use of critical and interpretive material can make your written work well rounded and more individual and critical in its approach. If you can include ideas and arguments which maybe were not featured in the teaching sessions you attended, your written work will become more analytical and you will be more likely to get higher marks.<\/p>\n\n\n\n Scroll down to read about the main sources of secondary material or click on a source to jump directly to that section.<\/p>\n\n\n\n Let us suppose that you are getting ready for a tutorial and need to do some research for it. The topic is certainty of contract. First, you might look at the book you have been told to buy or read on your Recommended Reading List. If that is not sufficient you might want to see whether there are any other suitable books in your library. Use your university’s library catalogue to help you.<\/p>\n\n\n\n It is important to remember that there are a number of different types of textbook. Those aimed at professional legal practitioners may be rather difficult to follow at first, although those published in loose leaf form will be kept up to date. Revision guides offer very simplified outlines of subject areas and can provide helpful skeleton outlines of unfamiliar topics but should not by relied on solely.<\/p>\n\n\n\n Top tip:<\/em> Whatever sort of textbook you use, make certain that it is the most recent edition. Law books go out of date very quickly and old editions can be misleading.<\/p>\n\n\n\n Using keywords<\/em> Top tip:<\/em> Find a book in your library which covers the topic of provocation. Give details of the book as if you were quoting it in a bibliography.<\/p>\n\n\n\n There are many different types of encyclopaedic works which you can use to support your studies but the most commonly available sources of information on English and Welsh law is Halsbury’s Laws of England<\/em>.<\/p>\n\n\n\n <\/a>Halsbury’s Laws of England<\/em> is a dedicated legal encyclopaedia. Some universities may have access to it in electronic format as well as paper. Take some time to get to know your way around this work since it is a guide to all areas of the law. It contains information about statutes, case law and common law, all organised in a subject-based approach.<\/p>\n\n\n\n In paper format, it is a multi-volume work with each volume covering a subject area or areas. You find your way around this vast source by using the General Index<\/em> volumes. Look up \u2018certainty of contract\u2019 in the index. The volume number is given in heavy type, along with the paragraph number. Go to that section and you will find a short paragraph encapsulating the legal principles concerned with certainty of contract. At the foot of the paragraph, the notes give details of relevant cases. Often the notes will also give details of relevant legislation.<\/p>\n\n\n\n Unfortunately, the individual volumes are produced irregularly, and some may be as much as 10 years old. When you consider how much legislation passes through Parliament each year, as well as the thousands of cases decided in the courts \u2014 is it a good idea to rely on law from a book that is 10 or more years old? Of course not. From the publisher’s point of view, it would be too expensive and wasteful to produce a new volume every time there was a change, however small, in the law. So, you need to use the updating mechanism provided to ensure your research is up to date.<\/p>\n\n\n\n Checking for updates<\/em> The\u00a0Cumulative Supplement<\/em>\u00a0comes out once a year, in two volumes covering all the main volumes. You must use the\u00a0General Index<\/em>\u00a0to track the volume number and paragraph number that you found in the first instance. So, choose the right volume of the Cumulative Supplement and your volume and paragraph reference. If you do not find anything listed for that paragraph reference number, then there has been no change since that main volume was printed. The Cumulative Supplement, however, comes out only once a year and the law may have changed between its being published and your consulting it. So you also need to check the\u00a0Noter up.<\/p>\n\n\n\n The\u00a0Noter up<\/em>\u00a0is a regularly updated loose leaf service contained in a ring binder. The approach is the same as for the\u00a0Cumulative Supplement. Again, check the volume number and paragraph number which pinpoint your topic. Sometimes you will find very recent changes to the law noted here. As with the Cumulative Supplement, if you do not see anything listed for that paragraph reference number do not worry \u2014 it may be that the law in this case remains unchanged.<\/p>\n\n\n\n This multi-stage process may sound laborious but once you have a go yourself it will become much clearer.<\/p>\n\n\n\n Top tip:<\/em>\u00a0Halsbury’s Laws of England<\/em>\u00a0is now also available via the web as part of the\u00a0LexisNexis Butterworths\u00a0Lexis+ online database. The online version is of course regularly updated.<\/p>\n\n\n\n Try it yourself!<\/em>\u00a0Where in\u00a0Halsbury’s Laws of England<\/em>, would you find the section on criminal proceedings and the right to an interpreter? If you are using this resource in paper, are there any updates or changes to this section in the Cumulative Supplement and\/or the Noter up?<\/p>\n\n\n\n You can check the meaning of uncommon words or phrases by using a specialised law dictionary, such as Mozley and Whiteley’s Law Dictionary<\/em>.<\/p>\n\n\n\n Law.com’s<\/em> online dictionary<\/a> is also useful but, coming from the US, you should use it with caution.<\/p>\n\n\n\n For terms relating to the English Legal System you can also use the Slapper & Kelly\u00a0online glossary<\/a>.<\/p>\n\n\n\n Try it yourself!<\/em> Use a legal dictionary to find out what the following terms mean:<\/p>\n\n\n\n Journal and magazine articles can be a useful way of enhancing your knowledge of a topic. These are published regularly and so are often more up to date than books, containing more specialised articles. Most published articles are peer reviewed which means that, even though they have been written by well-qualified academics, they are \u2018quality controlled\u2019 by other academics before being included in particular journals.<\/p>\n\n\n\n Some of the best ways to find articles is to use the articles approach on\u00a0Westlaw UK\u00a0on the web or to look in the relevant file on\u00a0LexisNexis Butterworths. Lexis+? \u00a0Lawtel UK\u00a0is another good source but will lead only to abstracts or summaries of the articles. If your university does not have access to these online resources, then you could try to find material using\u00a0Current Law<\/em>\u00a0or the Articles Index in\u00a0Halsbury’s Laws of England<\/em>. You may need to enlist the help of your subject librarian the first time you try to do this.<\/p>\n\n\n\n Top tip:<\/em> Not all legal journals are yet electronic. Have a look in your library to see the range of hard copy periodicals which are available. Ask library staff to help you locate the relevant section.<\/p>\n\n\n\n Try it yourself!<\/em> Using paper or electronic resources find the article by William Wilson published in Crim. L.R. 2006, Jun, 471-485. What is its title?<\/p>\n\n\n\n The best source for finding cases and legislative material relating to EC law is the free Eur-Lex<\/em> website<\/a>, part of the European Union’s Europa website giving full access to case material and consolidated legislative material.<\/p>\n\n\n\n You can also use\u00a0Westlaw UK\u00a0and\u00a0LexisNexis Butterworths\u00a0Lexis+ to find European legal material but often it is best to go directly to Eur-Lex if you are looking for primary materials because of the tremendous frequency of updating done on the official Europa website.<\/p>\n\n\n\n If you are looking for journal articles on EC law then it is best to use the sources detailed in the\u00a0finding journal articles<\/a>\u00a0section.<\/p>\n\n\n\n You will probably find that your university library or Law school website recommends using certain web-based resources. Using the web to find material is fine and there is a wealth of legal information available free of charge. The difficulty is identifying good quality material and being able to find it quickly and efficiently. Anyone can put material on the web, so you do need to be very careful to check whether your sources are up to date, correct and valid.<\/p>\n\n\n\n Evaluating the material you find is crucial. Sites like the Intute Law Gateway<\/em><\/a> will get you used to using and finding material on the web for your law studies. You can also ask yourself:<\/p>\n\n\n\n Alternatively you can use links from two well known, and highly recommended, sites which have supported lawyers for many years: Delia Venables’ Legal Resources in the UK and Ireland<\/a>, which includes a section specifically for students, and Infolaw<\/a>.<\/p>\n\n\n\n Quick guide: to online databases<\/em> Cases. Try:<\/p>\n\n\n\n Information about legislation. Try:<\/p>\n\n\n\n European information. Try:<\/p>\n\n\n\nAbout this resource<\/summary>\n
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\n\n\n\nPlanning Your Research<\/h2>\n\n\n\n
<\/a>Developing search strategies<\/h3>\n\n\n\n
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<\/a>Primary and secondary sources of information<\/h3>\n\n\n\n
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Finding Legal Information<\/h2>\n\n\n\n
<\/a>Finding primary sources<\/h3>\n\n\n\n
Finding cases<\/h4>\n\n\n\n
Case summaries or full reports?<\/h4>\n\n\n\n
Discuss finding cases<\/h4>\n\n\n\n
Original legislation or amended?<\/h4>\n\n\n\n
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Researching primary sources<\/h3>\n\n\n\n
Finding cases with electronic sources<\/h4>\n\n\n\n
Finding statutes with electronic sources<\/h4>\n\n\n\n
Finding cases with paper sources<\/h4>\n\n\n\n
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Finding cases on a subject<\/h4>\n\n\n\n
<\/a>Finding case summaries<\/h4>\n\n\n\n
Finding cases on a subject<\/h4>\n\n\n\n
Finding case reports<\/h4>\n\n\n\n
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<\/a>Finding full case reports<\/h4>\n\n\n\n
<\/a>Tracing judicial history<\/h4>\n\n\n\n
Finding statutes with paper sources<\/h4>\n\n\n\n
<\/a>Finding Statutes<\/h4>\n\n\n\n
Checking for updates<\/h4>\n\n\n\n
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<\/a>Finding secondary sources<\/h3>\n\n\n\n
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Using textbooks<\/h4>\n\n\n\n
You can search the library catalogue by using subject keywords. Sometimes you may need to search using a wider term, for example \u2018contract\u2019 rather than \u2018certainty\u2019, before checking your specific topic within the books themselves. Any library catalogue can only take you so far: you need to look up your keywords in the contents page or index to find out whether the book is suitable for your purpose.<\/p>\n\n\n\n<\/a>Using a legal encyclopaedia<\/h4>\n\n\n\n
The updating process has two stages, the\u00a0Cumulative Supplement\u00a0and the\u00a0Noter up.<\/p>\n\n\n\n<\/a>Using dictionaries<\/h4>\n\n\n\n
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<\/a>Finding journal articles<\/h4>\n\n\n\n
<\/a>Finding European materials<\/h4>\n\n\n\n
<\/a>Using web resources<\/h4>\n\n\n\n
<\/a>Evaluating online material<\/h4>\n\n\n\n
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I want to find\u2026<\/p>\n\n\n\n\n
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