Lecture 2 Process of legal research pwr pt - (1).pptx

THE PROCESS OF LEGAL RESEARCH  What is the process of legal research?  How to conduct legal research  What factors are considered?  Cause of action- Law, Equity, common Law, Human Rights, breach of contract, Negligence, Damages for grievous bodily harm  Legal implications...

THE PROCESS OF LEGAL RESEARCH  What is the process of legal research?  How to conduct legal research  What factors are considered?  Cause of action- Law, Equity, common Law, Human Rights, breach of contract, Negligence, Damages for grievous bodily harm  Legal implications  LEGAL ISSUES. From the facts of the problem, the legal issues involved will be determined. It is also crucial in legal research that information you obtain must be up to date. The reason being that you might be missing some important changes in the law and that may affect the legal problem which you are considering. In case laws, find out whether there is an appeal of the court decision to a higher court. It is also important to investigate the history of a statute, to learn the intent of the legislators or the drafters of the legislation. Also examine similar legislation in other jurisdictions for judicial interpretations which may be persuasive in court. In the case of election of the Prime Minister Hon. James Marape What are the legal issues involved in the case? What laws were breach? What are the primary materials and secondary materials to be considered when do legal research into this issue?  CONSIDERATIONS WHEN RESEARCHING. When researching legislation or statute, the following questions must be considered. These are:  Is there a relevant statute (national, provincial, or local rule) which applies to the problem? Use statute tables.  Has it been amended? Use statute tables.  Is it in force? Use gazettes.  Are there any regulations issued under the authority of the statute. Use statute tables.  Are there any cases which interpret or apply the statute? Use statute citators.  Are there any parliamentary papers or debates on the original bill? Use Hansard. CONSIDERATIONS FOR LOCATING JUDGMENTS Similar set of questions and reference aids must be considered for locating judgments or case laws of the courts. 1. Is there a judgment on the topic? Use digests or use subject indexes, paclii. 2. Has it been reported? Use tables of cases, paclii 3. What other levels of court was the judgment heard at? Use case citators. 4. Have any later cases referred to it? Use case citators. 5. Have any articles discussed it? Use periodic indexes, case notes section 6. Are there judgments from the pacific region on the same point of law? Use digests, subject indexes. 7. Are there other relevant common law judgments? Use digest, encyclopedias.  APPLYING THE LAW TO THE PROBLEM Once you have identified the law relating to the legal problem, synthesize the research and;  apply the law to the problem apply it to support of prosecuting a case, or apply the law in defence of a case write advice, opinion or submission depending on the purpose of conduting the legal research