Main focus in this unit is Doctrinal Legal Research Doctrinal Research: - solving legal problems Solving scenario by solving legal rules - using legislation and case law Finding law and applying it to the problem and reaching conclusions. 5 key steps: Identifying relevant facts · Identifying legal issues . Identifying and interpreting applicable legal rules Applying those rules to the facts Reaching conclusions issues I = Identify matter S = Subject law S = State the A = Authority (i.e. legal authority) A = Apply the law C = Conclusion action C = Cause(s) of each issue/sub issue A = Analysis of R = Remedy(ies) P = Practicalities Y = Your recommendations
Legal research method A diagrammatic representation of the basic method: Fact identification Issue identification & keyword generation Evaluate info & revisit as required Research - · Topic · Legislation ·Case 1. FACT IDENTIFICATION Identify relevant facts, including any gaps in information which must be checked 2. BACKGROUND READING (SUBJECT MATTER/TOPIC RESEARCH) Do background reading of secondary sources to familiarise yourself 3. ISSUE IDENTIFICATION Identify all relevant legal and practical issues and sub-issues. 4. SEARCH TERM (keyword) GENERATION Using your list of issues and sub-issues to generate search terms 5. PLAN YOUR RESEARCH Develop a research plan using those search terms, based on the Three-Way Search mode of: subject searching, legislation/instrument searching, and case searching 6. PERFORM RESEARCH Use a combination of subject-matter searching, legislation searching and case searching 7. COMMUNICATE RESEARCH RESULTS Use the IRAC/ISAAC/SCARPY problem solving approach.
Topic analysis (steps 1-4) · Identifying the relevant facts - also, what is irrelevant and can be discarded . Identifying the area of law e.g. family law, intellectual property · Noting the time frame and applicable jurisdiction(s) Beginning to formulate a statement of the main issue(s) - e.g. cause of action - any threshold issues · Are any sub-issues becoming apparent? - elements, defences etc. · What keywords, search terms might be useful? Remedies available? (what outcome does your client want?) Is there any additional information you need from your client? Fact identification - SHARP Not all facts that your client provides will be relevant. You need to work out the relevant or legally material facts. S - Subject matter H - Harm · A - Actors involved . R - Remedy/relief P - Policy considerations Identify key facts in your problem (acts, key words and phrases, transactions, relationships between parties, areas of law) Doing some background reading (secondary sources like encylopaedias) may help you identify relevant facts and discard irrelevant information. Issue identification: main issues When you have understood the relevant facts you will be in a position to identify legal issues: Issue identification Start by identifying the main issues in the problem Tips for identifying issues: · Frame issues as questions to be answered · Make the question party-specific and fact-specific . E.g. "Could Steve rely on the excuse of mistake of fact on the charge of rape?" Often you will need to do more research to refine