Legal Research Chapter Objectives

Questions and Answers

What is the purpose of secondary materials in legal research?

To enact statutes and regulations directly

To serve as the final authority in legal matters

To provide the primary source of law

To assist in locating and interpreting primary materials (correct)

Which of the following is NOT classified as a secondary material?

Statutory instruments (correct)

Parliamentary debates Hansards

Legal dictionaries

Textbooks

How are customs recognized under the PNG Constitution?

As part of the underlying law (correct)

Only as secondary commentary

Through parliamentary approval

As a primary legal authority

Which of the following is an ongoing publication that provides updates in the law?

Journals Signup and view all the answers

What is included in 'other' secondary materials?

Newspapers and conference papers Signup and view all the answers

Which option describes a bill correctly?

A proposal for statute before being enacted Signup and view all the answers

Which of the following legal materials provides definitions of legal terms?

Legal dictionaries Signup and view all the answers

Why might judges refer to secondary materials in their judgments?

To gain insight and interpretation of the law Signup and view all the answers

Which of the following best describes statutory instruments?

Passed by Parliament and provincial assemblies Signup and view all the answers

What is classified as primary material in legal research?

Statutes and cases Signup and view all the answers

Which of the following serves as secondary material in legal research?

Commentaries Signup and view all the answers

What would be considered a governmental reference aid in legal research?

Government reports Signup and view all the answers

Which of the following statements about legal research is correct?

It combines both primary and secondary materials. Signup and view all the answers

What is the role of law books in the context of legal materials?

They summarize secondary material. Signup and view all the answers

Which factor must be considered when addressing a legal problem?

Applicable legislative frameworks Signup and view all the answers

What is the primary focus of constitutional documents in legal research?

Establishing foundational legal principles Signup and view all the answers

What distinguishes primary material from secondary material in legal research?

Primary material derives from legislation and decisive cases. Signup and view all the answers

Which of these resources is not directly considered a primary source?

Legal commentary Signup and view all the answers

What is the significance of articles in legal research?

They serve as educational tools for legal concepts. Signup and view all the answers

What is the primary objective of legal research?

To identify and solve a legal problem using the law Signup and view all the answers

Which of the following is not considered a primary legal material?

Legal textbooks Signup and view all the answers

When starting legal research, which factor is not essential to consider?

Personal biases in legal opinions Signup and view all the answers

What process is emphasized in the technique of examining a legal problem?

Asking the right questions and knowing relevant materials Signup and view all the answers

Which of the following defines primary materials in legal research?

Documents that enact and embody the law itself Signup and view all the answers

In the context of legal research, which statement is false?

Legal research is identical to scientific research in all aspects. Signup and view all the answers

What best describes secondary legal materials?

Annotations or commentaries on the law Signup and view all the answers

Which of the following is a fundamental step prior to commencing legal research?

Considering the types of questions to address Signup and view all the answers

How does one best determine the materials to use in legal research?

By knowing the types of materials that provide the answers to the questions Signup and view all the answers

Study Notes

Legal Research Overview

Legal research is the process of finding applicable law to solve a legal problem, akin to scientific research, requiring patience, clear thinking, and attention to detail.
Key objectives include understanding the distinction between different types of legal materials to effectively commence research.

Factors for Legal Research Preparation

Essential skills, infrastructure, and types of questions are critical before starting legal research.
Understanding the legal problem and determining keywords is vital for effective research.
Consider the availability of research resources and tools, such as gadgets and databases.

Primary Materials

Primary materials represent the actual law and must be cited directly in legal research.
Important sources of primary materials include:
- The Constitution (both national and provincial)
- Statutes (laws enacted by legislature known as Acts/legislation)
- Court cases (decisions that interpret and apply statutes)
- Statutory instruments (regulations/by-laws/ordinances passed by parliament)
- Customs recognized by the law (presented in the PNG Constitution Sch.2.1).

Secondary Materials

Secondary materials serve as reference aids that guide researchers to primary sources and provide commentary.
Examples of secondary materials include:
- Textbooks offering commentary on specific legal areas
- Encyclopedias summarizing legal topics comprehensively
- Journals covering general and specialized legal topics
- Legal dictionaries defining legal terms
- Parliamentary debates records (Hansards) documenting discussions on bills
- Pre-enacted bills (before becoming statutes)
- Reports from bodies like the Law Reform Commission.
- Additional resources such as newspapers, conference papers, interviews, and speeches.

Legal Research Model

Both primary and secondary materials should be examined to resolve legal problems effectively.
Utilize a model that outlines the relationship between legal problems, primary materials (cases, statutes, constitution), and secondary materials (articles, books, government documents).

Key Takeaways

Legal research defined as a process to find and apply law.
Distinction between primary (this includes statutes, cases, constitutional law) and secondary materials (reference aids, commentaries).
Consider key factors before commencing legal research to ensure a comprehensive understanding and effective approach.

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Description

This quiz explores the foundational concepts of legal research, including definitions and explanations of primary and secondary materials used in the field. Students will learn about the essential factors a law student must consider before starting their research. The aim is to equip students with the knowledge needed to effectively navigate legal research.