The Comprehensive Guide to Legal Research, Writing & Analysis, 2nd Edition

 
The Comprehensive Guide to Legal Research, Writing & Analysis, 2nd Edition
Author(s):
 
ISBN:
978-1-55239-679-7
 
Publisher:
Emond Publishing
 
Page Count:
1016
 
Status:
Available
 
Copyright Date:
2016
 
Subjects:
Legal Practice Skills; Legal Research and Writing
 
 
 
 
 

Legal information sources are continuously evolving. The availability of content found through online-service providers, interface updates, search enhancements, and other developments are changing regularly. The second edition of The Comprehensive Guide to Legal Research, Writing, and Analysis provides readers with up-to-date information about these developments, as well as assisting readers in developing the required competencies emphasized by the Federation of Law Societies in legal research, writing, and analysis.

The Comprehensive Guide, written by an authoritative and experienced team of legal research instructors and librarians, provides extensive coverage with step-by-step instructions for performing a variety of legal research tasks across all Canadian jurisdictions: federal, provincial, and territorial. This edition provides strategic information on how to analyze research results and how to effectively communicate findings through legal writing.

  • Now includes territorial representation in addition to provincial and federal coverage
  • Updated chapters to reflect changes in provincial and federal research
  • Chapter on researching international law from a Canadian perspective
  • Introduction to client interviewing
  • New screenshots for online resources, such as WestLawNext Canada and Lexis Advance
  • Full-colour, step-by-step instructions for accessing specific legal databases
  • Parallel research methodologies demonstrate the use of both print and online resources
  • Extensive supplementary materials, review questions, and classroom exercises

PART I: Becoming a Competent Lawyer

Chapter 1: Foundations

I. Expectations: Developing Competence
II. Competence and Competencies
III. Applying Bloom’s Taxonomy
IV. Cultural Competence
V. Introduction to Legal Research as a Skill of a Competent Lawyer
VI. Overview of the Canadian Legal System
VII. Overview of This Guide

Chapter 2: Problem Analysis: Facts and Issues

I. Dispute Analysis: Begin with the Facts
II. Preliminary Fact Assessment: Gather and Organize the Facts
III. Fact Assessment: Additional Factors
IV. Frame the Legal Issues Using Keywords
V. Preliminary Problem Analysis: Formulating a Legal Issue
VI. Issue Drafting: Additional Factors
VII. Summary

PART II: Legal Research

Chapter 3: The Federal Law-Making Process

I. How a Bill Becomes a Federal Statute
II. How to Track a Bill That Is Currently in Parliament
III. How a Regulation Becomes Law at the Federal Level
IV. Meaning of Official Sources, Authoritative Sources, and Unofficial Sources of Legislation: Guide to Publications

Chapter 4: Locating and Working with Federal Statutes and Regulations

I. How Federal Statutes Are Amended, Consolidated, and Revised
II. Locating and Updating Revised and Consolidated Federal Statutes Including Amendments
III. Steps for Locating Regulations as Registered
IV. How Federal Regulations Are Amended, Consolidated and Revised
V. Locating and Updating Consolidated Regulations Including Rules of Court
VI. When to Use Prior Versions of Statutes and Regulations: Period-in-Time Research
VII. Locating Prior Versions of Statutes
VIII. Locating Prior Versions of Regulations
IX. Backdating Legislation
X. Backdating Federal Statutes
XI. Backdating Federal Regulations
XII. Compiling a Legislative History
XIII. Researching Private Statutes: Print and Online

Chapter 5: Researching Provincial and Territorial Legislation: An Introduction

I. Overview
II. Comparison of Federal, Provincial, and Territorial Research Processes

AB: Researching Provincial Legislation: Alberta

I. Law-Making Process: How an Alberta Bill Becomes a Statute
II. How to Track a Bill That Is Currently Before the Provincial Legislature
III. Official Sources, Authoritative Sources, and Unofficial Sources of Legislation: Guide to Publications
IV. Locating and Working with Amendments, Statute Revisions, and Consolidations
V. Working with Regulations

BC: Researching Provincial Legislation: British Columbia

I. Law-Making Process: How a Bill Becomes a British Columbia Statute
II. Official, Authoritative, and Unofficial Sources of Legislation
III. Locating and Working with Amendments, Statue Revisions, and Consolidations
IV. Working with Regulations

MB: Researching Provincial Legislation: Manitoba

I. Law-Making Process: How a Bill Becomes a Manitoba Statute
II. How to Track a Bill Currently Before the Provincial Legislature
III. Official and Unofficial Sources of Legislation: Guide to Publications
IV. Locating and Working with Amendments, Statute Revisions, and Consolidations
V. Working with Manitoba Regulations

NB: Researching Provincial Legislation: New Brunswick

I. How a New Brunswick Bill Becomes a Statute
II. How to Track a Bill That Is currently Before the Provincial Legislature
III. Official and Unofficial Sources of Legislation: Guide to Legislative Publications in New Brunswick
IV. Locating and Working with Amendments, Statute Revisions, and Consolidations
V. Working with New Brunswick Regulations
VI. Sources

NL: Researching Provincial Legislation: Newfoundland and Labrador

I. How a Newfoundland and Labrador Bill Becomes a Statute
II. How to Track a Bill Currently Before the Newfoundland and Labrador House of Assembly
III. Official and Unofficial Sources of Legislation
IV. Locating and Working with Amendments, Statute Revisions, and Consolidations
V. Working with Regulations

NT: Researching Territorial Legislation: Northwest Territories

I. Northwest Territories Legislation: An Introduction
II. Law-Making Process: How a Northwest Territories Bill Becomes a Statute
III. How to Track a Bill That Is Currently Before the Northwest Territories Legislative Assembly
IV. Official, Authoritative, and Unofficial Sources of Legislation
V. Locating and Working with Amendments, Statute Revisions, and Consolidations
VI. Locating and Working with Regulations

NS: Researching Provincial Legislation: Nova Scotia

I. How a Bill Becomes a Nova Scotia Statute
II. How to Track a Bill Currently Before the Provincial Legislature
III. Official Sources and Unofficial Sources of Legislation: Guide to Publications
IV. Locating and Working with Amendments, Statute Revisions, and Consolidations
V. Working with Regulations

NU: Researching Territorial Legislation: Nunavut

I. Introduction
II. Law-Making Process: How a Nunavut Bill Becomes a Nunavut Statute
III. Official, Authoritative, and Unofficial Sources of Legislation
IV. Locating and Working with Statute Amendments and Consolidations
V. Locating Prior Versions of Statutes
VI. Working with Nunavut Regulations

ON: Researching Provincial Legislation: Ontario

I. Law-Making Process: How an Ontario Bills Becomes a Statute
II. How to Track a Bill That Is Currently Before the Provincial Legislature
III. Working with Statutes and CIF
IV. Official Sources, Authoritative Sources, and Unofficial Sources of Legislation: Guide to Publications
V. Locating and Working with Amendments, Statute Revisions, and Consolidations
VI. Working with Regulations

PE: Researching Provincial Legislation: Prince Edward Island

I. Law-Making Process: How a PEI Bill Becomes a Statute
II. Official and Unofficial Sources of Legislation: Guide to Publications
III. Locating and Working with Amendments, Statute Revisions, and Consolidations
IV. Working with Regulations

QC: Researching Provincial Legislation: Quebec

I. Introduction
II. Definition and Scope of Quebec Law
III. The Civil Code of Québec (CCQ)
IV. How a Bill Becomes Law in Quebec
V. Locating Official Versions of Quebec Statutes and Regulations
VI. Locating and Working with Quebec Law as Enacted
VII. Locating and Working with Amendments, Statute Revisions, and Consolidations
VIII. Steps for Locating Regulations
IX. How Quebec Regulations Are Created, Amended, Consolidated, and Revised
X. Code of Civil Procedure: Court Rules and Forms
XI. Locating the Legislative History of Quebec Statutes and Regulations
XII. Quebec Judicial System
XIII. Researching Quebec and Civil Law Legal Encyclopedias, Texts, Theses, and Law Review Articles
XIV. Researching Quebec Judicial Decisions

SK: Researching Provincial Legislation: Saskatchewan

I. Law-Making Process: How a Saskatchewan Bill Becomes a Statute
II. How to Track a Bill That Is Currently Before the Provincial Legislature
III. Official Sources, Authoritative Sources, and Unofficial Sources of Legislation
IV. Locating and Working with Amendments, Statute Revisions, and Consolidations
V. Working with Regulations

YK: Researching Territorial Legislation: Yukon

I. Law-Making Process: How a Yukon Bill Becomes a Statute
II. How to Track a Bill That Is Currently Before the Legislative Assembly
III. Official and Unofficial Sources of Legislation
IV. Locating and Working with Amendments, Statute Revisions, and Consolidations
V. Working with Regulations

Chapter 6: Locating and Working with Judicial Decisions

I. Primary Law: The Interaction of Legislation and Judicial Decisions
II. Publication and Dissemination of Judicial Decisions: Official, Authoritative, and Unofficial Sources
III. Judicial Decisions Citation Format
IV. Location Judicial Decisions

Chapter 7: Researching Secondary Sources of Law

I. Relationship Between Primary and Secondary Source Law
II. Relationship Between Online and Print Materials
III. Generating a Topic Search Using Secondary Sources: Start with Facts, Issues, and Keywords
IV. Locating Case Law by Topic: Print and Online
V. Locating Primary Law by Name or Legal Citation
VI. Noting Up Primary Law: Judicial Decisions&mdashPrint and Online
VII. Noting Up Primary Law: Legislation&mdashPrint and Online
VIII. Using Secondary Sources to Locate Unreported Judicial Decisions
IX. Legal Commentary, Periodicals, Treatises, and Texts

Chapter 8: Introduction to International and Foreign Legal Research in a Canadian Context

I. The Meaning of Foreign, Private International, and Public International Law
II. Researching Foreign Law
III. Private International Law Research: Conflict of Laws
IV. Public International Law Research

Chapter 9: Legal Research: Creating a Plan and Maintaining a Record

I. The Role of Legal Research in Law School and in Professional Practice

PART III: Legal Analysis

Chapter 10: Foundations of Statutory and Case Analysis

I. Legal Analysis: Overview
II. Analysis of Legislation
III. Case Analysis
IV. Policy, Legislation, and Case Law
V. Critical Perspectives on Case Law and Legislation
VI. Conclusion

Chapter 11: Developing Legal Arguments

I. Purpose of a Legal Argument
II. Developing Arguments Through Inductive and Deductive Reasoning: An Introduction

PART IV: Communication: Legal Writing

Chapter 12: Legal Writing: Organizing Principles

I. Overview: Therapeutic Considerations of Audience, Purpose, and Tone
II. Plain Language
III. Applying Citation Rules

Chapter 13: Vehicles of Legal Communication

I. Overview: Contrasting Objective Writing with Persuasive Writing
II. Memorandum of Law
III. Letter of Opinion
IV. Affidavit
V. Case and Legislative Comments
VI. Factum
VII. Mediation Brief
VIII. Motion

PART V: Applying Legal Skills to Legal Practice

Chapter 14: Transitioning from Classroom to Courtroom

I. Transition to Practice
II. Legal Clinics at Law Schools
III. Preparing for Practice
IV. Overview of the Client’s Legal Issue
V. Learning Outcomes for Student Volunteers at a Legal Clinic
VI. Work Plan Overview: Civil File

APPENDIXES

Appendix A: Sample Problem
Appendix B: Academic Success
Appendix C: Glossary

 
 
 
 
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The Comprehensive Guide to Legal Research, Writing & Analysis, 2nd Edition

Format: Print
Cover: Hardcover
Colour: Full colour
Status: Available
ISBN/ISSN:978-1-55239-679-7P

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Cover: Online
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