Legal Research Checklist

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The Importance of a Legal Research Checklist

Every legal research problem is different, but a checklist outlines a logical way of approaching most legal research problems. Using a checklist will ensure you don’t overlook any of the major research tools. They also serve as a written record of your research history – in law, it is very important to document EVERYTHING, including your research path.

ALWAYS THINK ABOUT THE PROBLEM FIRST BEFORE DIVING IN!

Always take time to think about how you will search before you start – know where you will look, the resources you will use and in what order, and estimate how much it will cost. Don’t jump into legal research without knowing where you are going!

 

REMEMBER WHAT IS BINDING AND WHAT ISN’T!

Cases from your jurisdiction and the Supreme Court of Canada are binding; if you need to look for cases in other Canadian jurisdictions, you can but they are only persuasive, not binding.

 

1) Always identify the issues involved!

Write down the legal issues and facts involved. Identify all the important topics.

2) Write down the keywords / legal terms / vocabulary.

Use these terms when you conduct your searches. Always think of synonyms – use a thesaurus.

3) Look at secondary sources.

In almost all situations, this is the smartest step you can make. They will help you understand the topic and point you to relevant cases, legislation, and other secondary sources. Secondary sources include:

1. Legal Encyclopedias. The Canadian Enclyclopedic Digest and Halsbury’s Laws of Canada are excellent resources.
2. Books. A treatise will go into great detail about a topic. Be wary of casebooks – they don’t provide much helpful commentary.
3. Loose-Leaf Services. If there is a loose-leaf on a topic, look at it! They are extremely current and useful. These are the types of materials practitioners consult all the time.
4. Continuing Legal Education Materials. These are given out at at most CLE seminars and are very useful. Do not overlook these. They are especially valuable for those in the smaller jurisdictions where there are not many dedicated legal resources.
5. Law Reform Commission Reports. Law Reform Commissions will examine an issue in detail, often providing a detailed history of the topic. Do not overlook this resource.
6. Journal Articles. Journal articles are often more current & deal with narrower topics than books.
7. Legal Dictionaries and Words and Phrases. If you need to know a legal definition or how a court has defined a word or phrase, use these resources.
8. Other Resources. Don’t forget about other resources, such as legal and non-legal newspapers, magazines, legal blogs, government websites, directories, legal newsletters, etc.
9. Non-Legal and Other Materials. You may need to look at social science information, statistics, etc.

4) Look for primary sources.

Now that you’ve done the background work, you can start looking for cases, statutes, and regulations. There are a couple of things you need to remember:

1. Always consider whether there is a Constitutional or Charter issue involved.
2. To find cases, first search for the cases you found using secondary sources (you should always read them – don’t rely on what the author says). Then conduct your own search using the Canadian Abridgment, CanLII, Maritime Law Book, LexisNexis Quicklaw, Westlaw Canada, CCH Online, BestCase, etc.
3. ALWAYS note up your case – what is its history and how has it been treated by the courts?
4. To find statutes, first search for the statutes you found using secondary sources. Then conduct your own search using CanLII, LexisNexis Quicklaw, Westlaw Canada, CCH Online, government websites, print volumes, etc.
5. ALWAYS note up your statutes – how have the courts treated the statute? Has the statute been amended? Is it going to be amended soon?
6. Check for any relevant regulations. Use CanLII, LexisNexis Quicklaw, government websites, annual volumes, etc.

5) If you haven’t been able to find much or any information in Canada, do a similar search for UK or US materials. If there is nothing on the particular topic in Canada but there is jurisprudence in the UK or US, it could be useful.

 

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