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Legal Research + Writing: Research Checklist

Legal Research Checklist

Ask yourself specific questions to identify:

A) The relevant jurisdiction

B) Key sources and search terms (key words, phrases, etc.)

C) The applicable time period you will be working in

Once the legal issue you plan on researching has been identified, you will want to familiarize yourself with that particular topic as best as possible.

Start by consulting a Secondary Source (textbook, journal article, encyclopedia, etc.) before jumping into case law and legislation.

Secondary sources are valuable because they summarize and interpret the law in a format that is easy to understand (unlike case law, which can often be complex and wordy).

Secondary sources also provide us with references to relevant primary sources (case law, legislation, treaties, etc.) that can be used later on in the research process. A good textbook on criminal law, for example, will provide its readers with a listing of important/essential case decisions related to that topic. This will save you the effort of having to track down case law when it comes time to finding primary sources.

A vast amount of legal research tools are now available online. In addition to blogs, government websites, and free-to-use databases, there are pay-to use services, such as WestlawNext Canada and Lexis Advance Quicklaw, that offer untold amounts of content. Navigating these resources can be tricky however, and as such, it is a good idea to stick to the following:

CanLii.org - Free to use database that provides access to Canadian case law, legislation, and tribunal decisions

Lexis Advance Quicklaw (LAQ) - Legal research database that provides comprehensive access to case law, legislation, secondary sources, and international content. LAQ also offers access to Halsbury's Laws of Canada, one of two major Canadian legal encyclopedias. (Subscription required)

WestlawNext Canada (WL) - Legal research database that provides comprehensive access to case law, legislation, secondary sources, and international content. WL also offers access to the Canadian Encyclopedic Digest and the Canadian Abridgement Digests. (Subscription required)

WorldLii.org -  Free to use database that provides users access to case law and legislation from over 40 jurisdictions from around the globe. International legal materials (UN Committee reports, NATO documents, etc.) are also available for consultation.

BAILII.org - The British and Irish Legal Information Institute offers free to use access to British and Irish case law, legislation, European Union case law, Law Commission Reports, and other UK-related legal material.

Justice Laws Canada - Maintained by the Government of Canada, Justice Laws is the online source of the consolidated (up-to-date) Acts and Regulations of Canada.

Print resources still make up a large percentage of the available legal research resources. This is especially the case for textbooks, which remain overwhelmingly available in print.

Other key resources, including the Canadian Encyclopedic Digest, Halsbury's Laws of Canada, and the Canadian Abridgment Digests, can be consulted in print at the E.K. Williams Law Library (free of charge).

When reviewing secondary sources, you should be taking note of the cases and legislation (primary sources) that relate to your research. Follow up on these primary sources using online databases and/or print resources (see checklist # 2 and 3). One good case decision or statute may be all it takes to make an impact on your research.

Reminder: Be sure to confirm that the case/legislation that you are using is still good law.

It's always a good idea to keep track of your research process. Be sure to document all the sources you reviewed (including citation information). This will help you later when you get down to writing out your essay/assignment/court form.

Librarian

Matthew Renaud's picture
Matthew Renaud
Contact:
E.K. Williams Law Library
(204) 474-6371
Subjects:Law