Podcast
Questions and Answers
What should be prioritized when determining the legal issues involved in a case?
What should be prioritized when determining the legal issues involved in a case?
- The historical context of similar cases
- The recentness and relevance of applicable laws (correct)
- The feelings and opinions of the involved parties
- The popularity of the case among the public
Which of the following questions would NOT be relevant when researching legislative or statutory issues?
Which of the following questions would NOT be relevant when researching legislative or statutory issues?
- What did the community think of the statute? (correct)
- Are there regulations issued under the authority of the statute?
- Has it been amended recently?
- Is there a relevant statute that applies?
When investigating the intent of legislators in statutes, which source is most useful?
When investigating the intent of legislators in statutes, which source is most useful?
- Case law opinions from unrelated cases
- Social media platforms
- Internet discussion forums
- Parliamentary papers or debates on the original bill (correct)
Which of the following factors is essential for conducting effective legal research?
Which of the following factors is essential for conducting effective legal research?
While locating case laws or judgments, which question is crucial to address?
While locating case laws or judgments, which question is crucial to address?
What is a fundamental purpose of examining case law history in legal research?
What is a fundamental purpose of examining case law history in legal research?
Which resource is least likely to assist in verifying the applicability of a statute?
Which resource is least likely to assist in verifying the applicability of a statute?
Which of the following is NOT a consideration when researching legal issues?
Which of the following is NOT a consideration when researching legal issues?
What kind of laws should be specifically examined when evaluating a breach of contract?
What kind of laws should be specifically examined when evaluating a breach of contract?
What is an important aspect of ensuring the relevance of legal research?
What is an important aspect of ensuring the relevance of legal research?
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Study Notes
Process of Legal Research
- Legal research involves a systematic investigation of laws, cases, and legal principles governing a specific issue.
- Essential to identify the relevant cause of action including areas such as Law, Equity, Common Law, Human Rights, Breach of Contract, Negligence, and Damages for Grievous Bodily Harm.
Factors Considered in Legal Research
- Up-to-date information is critical to avoid missing changes in the law that could impact legal issues under consideration.
- Investigate if there are appeals related to previous court decisions that might alter interpretations.
- Review the legislative history of statutes to understand the original intent of lawmakers.
- Assess similar laws in different jurisdictions for judicial interpretations that could be persuasive in court.
Legal Issues Identification
- Determine legal issues arising from factual scenarios which guide the focus of research.
- Identify specific laws that may have been breached in cases like the election of Prime Minister Hon. James Marape.
Research Considerations for Legislation
- Check for relevant statutes (national, provincial, or local) applicable to the issue by utilizing statute tables.
- Confirm if the statute has been amended and its current enforceability using gazettes.
- Look for regulations issued under the statute's authority using statute tables.
- Investigate case law that interprets or applies the statute; statute citators can be instrumental.
- Review parliamentary papers or debates related to the original legislation for additional insights, referencing Hansard.
Considerations for Locating Judgments
- Follow a similar set of questions to locate pertinent judgments or case law relevant to the legal topic of interest.
- Seek judgments directly related to the topic at hand to establish a foundation for legal arguments or analysis.
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