Lecture 1 What is Legal Research pwr pt (1).pptx

Objectives: By the end of this chapter, the students should be able to: 1) Define and explain the term legal research, 2) Explain primary and secondary materials used in legal research FACTORS A LAW STUDENT MUST CONSIDER PRIOR TO COMMENCING LEGAL RESEARCH  Main objective of this chapter is to i...

Objectives: By the end of this chapter, the students should be able to: 1) Define and explain the term legal research, 2) Explain primary and secondary materials used in legal research FACTORS A LAW STUDENT MUST CONSIDER PRIOR TO COMMENCING LEGAL RESEARCH  Main objective of this chapter is to introduce students to the concept of legal research by distinguishing different materials in order to assist a student to commence research.  Skills  Infrastructure  Types of question(s)  Problem  Understanding the questions  Determining key words  Determining what you are required to do  Consider research resources, gadgets, availability, data  LEGAL RESEARCH What is Legal Research ? Legal research is the process in which one finds the law, which is applied to solving a legal problem. Similar to a scientific research, legal research, requires patience, clear thinking and attention to detail. Recommended Readings: Legal Research and Writing in Papua New Guinea Library reference No. SR KP66, S78, C  TECHNIQUE What technique is involved in examining a legal problem? The technique involves: Asking the right questions; and Knowing the types of materials, which will best provide the answers to these questions. In common law jurisdictions it is standard practice to distinguish between primary and secondary legal materials. Recommended readings: Legal Research and Writing in Papua New Guinea Library reference No. SR KP66, S78, C  WHAT ARE PRIMARY MATERIALS? Primary materials are – materials that embody the law itself. You are required to quote the law from primary authority. These include: The Constitution – national and provincial Statutes. These laws enacted by a legislature (also known as Acts/legislation) Cases. These are decisions by a court or tribunal which interpret and apply statute law. Statutory instruments as passed by Parliament and the Provincial Assemblies (also known as regulations/by-laws/ordinances). The customs of the country. Custom is adopted and recognized under Sch.2.1 of the PNG Constitution and shall be applied and enforced as part of our underlying law. WHAT ARE SECONDARY MATERIALS? Secondary materials are reference aids used to locate the appropriate primary materials, and publications which provide commentary and interpretation of the law. Secondary materials can be very useful and may even be persuasive (for example, judges have referred to some secondary materials such as textbooks in their judgments). Secondary legal materials include: Textbooks (Commentary provided on specific areas of law). Encyclopedias (An alphabetic and comprehensive (often multi-volume) summary of legal topics). Journals (Ongoing generalist and specialist topics held in binders – aim to provide current law).  SECONDARY MATERIALS CONT.  Legal Dictionaries (Contain definitions of legal terms).  Parliamentary Debates Hansards (Debates on bills passing through parliament – second reading speeches).  Bills (Before a statute is enacted by Parliament it is termed as a bill).  Reports (Parliamentary and other reports handed down by bodies such as Law Reform Commission).  Others (includes: newspapers, conference papers, interviews, speeches).  LEGAL RESEARCH MODEL Both Primary and Secondary materials must be sought out and examined when working on a legal problem. The following model indicates both primary and secondary sources of law LEGAL PROBLEM CASES ARTICLES STATUES COMMENTA LAW BOOKS RY CONSTITUTI GOVERNMENT REFERENCE DOCUMENTS ON AIDS PRIMARY MATERIAL SECONDARY MATERIAL  TAKE HOME POINTS  What are my take home points in this session? What have I learnt? WHAT ARE MY TAKE HOME POINTS IN THIS SESSION? WHAT HAVE I LEARNT? WHAT IS LEGAL RESEARCH? WHAT IS PRIMARY AND SECONDARY MATERIALS FOR LEGAL RESEARCH? WHAT ARE THE FACTORS THAT MUSTBE CONSIDERED WHEN WORKING ON A LEGAL PROBLEM?  What is legal research?  What is primary and secondary materials for legal research?