Expanding Research Notes
Having found the controlling statute, but being unable to
efficiently utilize the large number of annotations, you might turn
to a secondary source that will analyze and synthesize your issue.
At this point you have two choices: y
Alternative sources of Compensation Notes
Motor vehicle insurance: it is possible to collect compensation
fro the defendants insurer.
No-Fault insurance: a no fault insurance system is available to
Canadians in order to provide funds without evidence of f
ALR Index Notes
This is the first page of the article found in the ALR Index
that seems most relevant.
It is a summary of the issue, with reference to the lead case
that initiated the article.
The full text of the lead case can be found at the end of the
Civil remedies Notes
Civil cases generally handles compensating one party with
financial gain because of the damages that have occurred
through situations, breach of contracts or other circumstances.
Although most of these cases are easy to determine, per
Ensuring Currency and Validity of Law Notes
Once you have found the relevant cases and statutes, you
must determine the current status of the law.
Check the validity of any relevant case or statute before
continuing your research.
A case may be reversed,
Identifying Cases to Cite Notes
Section 13 of the ALR article analyzes some of the factors that
courts have considered when determining whether an employee
acted within the scope of his employment when committing a
nonsexual assault at the business of a c
Isolated and analyzed Laws Notes
The next step is to read the full text of the cases that seem
The critical and often very subtle factors
that influence a decision must be isolated
and analyzed. This can only be fully
accomplished by a thor
Online Research Notes
You could have searched first for the terms of art on
Westlaw. In this session, you might want to supplement and
confirm your print product research in the ALR database.
Whether you look for the relevant article(s) by using the print
Topic and Key Numbers Notes
You will want to identify relevant cases through sources
other than the ALR article to verify that you are using the
most relevant cases and the strongest arguments.
Key Number Digests are one option of identifying cases with
Understanding Civil Law Notes
The law, which restrains a man from doing mischief to
his fellow citizens.
Public Law: Deals with the relationship between state
(government) and individuals or organizations.
Private law: de
Third party Claims Notes
Third party claim: a complaint filed by the defendant claiming
that another party is at fault.
Liable: legally responsible for a wrongful action.
Examination for discovery: examination of evidence by both
sides before a civil tria
Stages of a Civil Action Notes
Cause of the action
Complaint or reason for suing
Writ of Summons
In some provinces only/ issued by the court
Statement of claim
The facts according to the plantiff
Statement of Defence
The defendants response or counterclai
The Economic Analysis or Diminishing Return Rule Notes
Youve done the research and you feel confident of your
understanding of the issue.
You have isolated the most relevant articles, cases, statutes,
and key numbers that were found by different methods o
Assaulted the plaintiff Notes
When Ronnie assaulted the plaintiff, was he acting within
the scope of his employment with Acme?
Two Step Determination
Torts in a Nutshell lays out two questions that will help you
determine if Acme is liable for Ronni
From Facts to Issue Notes
Ronnie, a salaried driver for the Acme Corporation, was
unloading goods at a customers loading dock. Ronnie and the
customer began to argue about whose duty it was to move the
goods into the store. Ronnie shoved the cus
Create a research plan Notes
Try consulting a research guide on the web or via a print
source. E.g. When doing Japanese legal research: your
Comparative Constitutional Law Notes
Note there are several hyperlinks in this .ppt. All hyperlinks
have been underlined.
This research guide is not intended to be comprehensive;
but may prove to be a great source for both novice
researchers and experienc
international law Notes
Before you start researching international legal questions it
is therefore important to know the difference between
international law (both public and private), foreign law,
and comparative law.
How many legal traditions/systems ar
Call number and subject Notes
Have you ever tried searching by call number? KNX2090.
This option will lead you to other interesting books on your
E.g. You can also search by author or title or keyword.
I love these features : limit by date and langu
GLIN is a searchable online database containing the
following categories of legal documents for jurisdictions
spanning the globe:
Also check: http:/in
Print Secondary Sources Notes
You might start with a well respected secondary source,
Wests Nutshell Series
Wests Black Letter Series
American Law Reports (ALR)
a legal encyclopedia, such as American Jurisprudence
(AMJUR) or Corpus Jur
search method Notes
The Natural Language search method allows you to use
plain English to retrieve relevant documents. Just enter a
description of your issue and Westlaw will display the
documents that best match the concepts in your description.
RSS Feed Option Notes
Check if online news papers provide this option.
When Searching Google:
Too many hits or too few? Remember to use the advanced
features on Google when searching.
Need something in .pdf? ad .pdf that to your search query.
Why go to Go
The Process of Legal Research Notes
( R)esearch requires the poetic quality of the imagination that
sees significance and relation where others are indifferent or find
unrelatedness; the synthetic quality of fusing items theretofore in
isolation; above al
Research In Print or Online Notes
There is no right or wrong way to begin your research.
In the past, researchers had no choice but to conduct legal
research in print resources. The last few years have
witnessed the introduction and tremendous growth of a
Torts in the Black Letter Series Notes
Torts in the Nutshell Series discusses the general black letter
law that applies to the vicarious liability of employers for the
acts of their employees.
Once it is determined that the tortfeasor was an
employee at t
Physical Evidence Notes
A steady stream of people enter Butchs place of business
and remove its treasured belongings. The people do not pay
for what they take. Butch allows them to take as much as
they can carry as long as they keep quiet.
Advantages of Physical Evidence Notes
Provides a tangible object for the jury to see
Can be taken into the jury room
The defendant cannot distort the physical evidence.
Some cases cannot be solved without the physical
Physical evidence is not sub
handling of evidence Notes
V. PACKAGING AND HANDLING OF EVIDENCE
A. EVIDENCE ASSOCIATED WITH ANY CRIME CAN
BE SO VARIED IN TYPE, PHYSICAL STRUCTURE,
ETC, AND IT IS SO SUSCEPTIBLE TO CHANGE
THAT NO SET OF STANDARD RULES OR
PROCEDURES CAN ADEQUATELY DESCRIB
Introduction to Evidence Notes
Evidence is property that has significance as a means of
determining the truth as an alleged matter of fact.
Property is everything that is subject to ownership, not coming
under the denomination of real property.