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LawSource Primer 3 Advanced
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LawSource Primer 3 Advanced






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    LawSource Primer 3 Advanced LawSource Primer 3 Advanced Presentation Transcript

    • LawSource Primer 3 Advanced KeyCite for judicial consideration Limiting KeyCite results Review
    • Research objective Research objective The objective is to find judicial consideration of and commentary on Winnipeg Condominium No. 36 v. Bird Construction Co., [1995] 1 S.C.R. 85. The narrower objective is to find cases and commentary that consider whether the dangerous defect in the building must be one that will cause imminent harm in order for there to be a cause of action in tort.
    • KeyCite by case name
      • Click on KeyCite button.
      • Put distinctive terms from the style of cause in the Name box and select the Jurisdiction .
      • Click on Go .
    • KeyCite by case citation
      • If you understand how to cite cases, a simpler and more accurate method is to KeyCite the case using its citation.
      • Click on KeyCite button.
      • Type citation into the Citation box.
      • If citation uses square brackets include the year.
      • Click on Go .
    • KeyCite status flags
    • KeyCite full history
      • Full history shows
      • direct history of case with cited case indicated
      • negative citing cases
      • if there are very recent citing cases that do not yet have a treatment code assigned they will be listed here as well
      • Each case is shown with
      • a link to its full text
      • its own KeyCite link
    • Citing references Citing References starts with negative cases, then lists cases that follow, consider or refer to the cited case. Also lists secondary sources that refer to the cited case, and concludes with some references from other jurisdictions.
    • KeyCite secondary source references KeyCite secondary source references include references to the citing case in journal articles, topical reporter case annotations, CED, and other WeC publications.
    • Accessing KeyCite from a case Red and yellow status flags link to page showing only negative history and treatment. Purpose is to indicate whether case is still good law.
      • KeyCite results are split between
      • full history (showing the case itself at different levels of court & negative treatment)
      • citing references covering judicial consideration of and commentary on the case.
    • Limiting the KeyCite results Clicking on the Limit KeyCite Display button allows you to restrict the KeyCite list by date, jurisdiction, and document type. You can also use this feature to run a keyword search on the full text of the documents listed as citing references to narrow your research to a particular issue.
    • Limiting the KeyCite results Objective is to find cases citing Winnipeg Condominium v. Bird that consider whether the risk of danger caused by the defect must be imminent in order for there to be a cause of action in tort. This query will look through all the citing references for any that contain imminent within 10 words of risk, harm, danger or dangerous (note truncation command for danger!).
    • Limiting the KeyCite results Use these buttons to edit or cancel the KeyCite limits Using KeyCite limits has reduced the citing references from 260 documents down to 26. Each of these cases cites Winnipeg v. Bird and also contains the additional search terms. WeC refers to these terms as Locate Terms because they refine the original search down to locate only those documents containing the additional search terms. At any time you can cancel the Locate Terms and return to the full list of citing references.
    • Printing KeyCite results
      • When you print KeyCite results be sure to select which parts you want:
      • Full History
      • Citing References
      • Cited Document
      • You will normally want both Full History and Citing References.
    • Review Review Check both history and citing references in KeyCite. Don’t rely blindly on the treatment codes. Look for secondary sources near the end of KeyCite results. For cases cited many times, try limiting the KeyCite results to those cases relevant to the point of law you are researching, or to cases from your jurisdiction.