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  • 1. ENGLISH LEGAL RESEARCH: Cases, Statutes, Regulations, and Secondary Sources. ALR: International Law February 11, 2004
  • 2. Background/Introduction:
    • English law as the “ancestral” American legal model.
    • Researchers must become familiar with the research tools available in different legal systems.
    • The legal systems of England and Canada are most like ours, so their laws are most accessible (plus, our library has the largest holdings of these two foreign systems).
  • 3. Comparative notes to remember about British legal system:
    • There is no written English constitution.
    • There is no official codification (subject arrangement) of English statutes, except through Commercial publishers (unofficial sources).
    • Any statute passed by Parliament is by definition valid and not subject to review by the courts. Thus, a statute’s “constitutionality” is not an issue the court can address. Only Parliament may act to change a law.
  • 4. Structure of the English Court System:
    • House of Lords – the final court of appeal for civil and criminal cases from England and Wales.
    • Courts of Appeal (Civil/Criminal) – have only appellate jurisdiction.
    • High Court of Justice/Crown Court – have both appellate and original jurisdiction.
    • Magistrate’s/County Courts – lower courts with limited jurisdiction.
  • 5. Historical Reports
    • Divided into Two Main Periods : before and since 1865.
    • Year Books (1272-1535).
    • Nominative Reports .
    • English Reports: Full Reprint (reprints Nominative Reports published b/n 1378-1865)(KD270.E54).
    • All England Law Reports Reprints (1558-1935)(KD288.A64.A42).
  • 6. The Law Reports at Marquette:
    • Law Reports (Originally 11 series) (KD277.2.L381).
    • Now only four series : (1) Appeal Cases; (2) Queen’s Bench Division; (3) Chancery Division; and (4) Family Division. (KD275-277).
    • Weekly Law Reports (1967-date) (KD288.A64.A44).
  • 7. Other Reports at Marquette:
    • All England Law Reports (All E.R.) (Butterworths, 1936- )(KD288.A64.A44).
    • Current Law (1947- )(KD296.C843).
    • Current Law Yearbook (1948-present) (KD296.C82).
    • Lexis/Westlaw [under files for Int’l Materials; Legal (excluding U.S.)/UK caselaw; LAW-RPTS; 1865-present].
    • UK Parliament and Decisions: http://www.parliament.uk/ .
  • 8. Digests/Citators at Marquette:
    • The Digest: Annotated British, Commonwealth, and European Cases (1971-present) (KD296.E53.E54).
    • Cumulative Supplements – at the end of the set (2002).
    • Current Law (Sweet & Maxwell, 1947-present) (KD296.C82)(Current=2003).
    • Current Law Case Citator (KD296.C843).
  • 9. Citation to modern English cases:
    • Different from U.S. case citation.
    • Reports are designated by year and then by volume number for that year.
    • E.g. Hipperson v. Newbury Electoral Officer , [1985] Q.B. 1060 (C.A.) = citation for the case reported in the Law Reports in 1985, Queen’s Bench Division, p.1060, decided in the Court of Appeals.
    • Bluebook Rules – pp. 289-291.
  • 10. Statutory Research:
    • English statutes have never been officially codified [ Note: chronological publication!].
    • Statutes of the Realm (early statutes, 1235-1713) (KD130.1235.G7).
    • First source of a current act = “HMSO” (Her Majesty’s Stationery Office) ( http://www.legislation.hmso.gov.uk/acts. htm ).
    • Since 1831, Public General Acts and Measures (KD135.L3.L38), have been published by HMSO at the end of the year in chronological arrangement. Law Reports: Statutes (1866-1951) (KD135.L3.L38).
  • 11. Statutory Research:
    • Statutes in Force: Official Revised Edition (1972- ) (KD135.S7.C57).
    • Subject access to Statutes in Force is provided by the 2-volume Index to Statutes (located at the end of the set)(HMSO, annual).
    • Halsbury’s Statutes of England and Wales (Butterworths) (KD135.H3.H341).
  • 12. Updating Halsbury’s Statutes:
    • Annual bound cumulative supplements (located at the end of the set).
    • Two Looseleaf Volume updates: (1) “Current Statutes Service” and (2) “Noter-Up Service”.
    • Table of Statutes – published in separate booklet.
    • Is It in Force? – commencement dates of statutes.
  • 13. Regulations:
    • Parliament may grant to a Minister, board, or local authority the power to make rules and regulations in an area covered gen’lly by an Act of Parliament.
    • These rules have the same force of law as the enabling statute.
    • Orders in Council (made by the Queen in Council—authority comes from Royal Prerogative).
    • When published, British administrative regulations are known as Statutory Instruments, or Statutory Rules and Orders .
  • 14. Regulations, continued. . .
    • The Table of Governmental Orders (HMSO, annual) lists numerically all general rules, orders, and stat’y instruments since 1671.
    • Monthly List of Statutory Instruments (online at: http://www.legislation.hmso.gov.uk/stat. htm ).
    • Halsbury’s Statutory Instruments (Butterworths, 1951-present) (Lexis: SI/STATIS) (Westlaw: UK-SI).
    • Statutory orders in annotations of Halsbury’s Statutes / Current Law Legislation Citator (KD296.842).
  • 15. Secondary Sources:
    • Legal Journals, Encyclopedias, Treatises, Practitioners’ Handbooks, Reference Sources, and other materials.
    • English law journals (faculty-edited), e.g., Cambridge Law Journal, Law Quarterly Review, and Oxford Journal of Legal Studies.
    • Most indexed in Index to Foreign Legal Periodicals/Current Law Index/Legal Resource Index (3 rd Floor).
  • 16. Legal Encyclopedias:
    • Halsbury’s Laws of England (Butterworths, KD310.H34) – most comprehensive.
    • Over 160 alphabetically arranged topics.
    • Subdivided into specific issues, with each issue assigned a paragraph number (subject access through indexes at the end of set).
    • Current Supplements, “Monthly Review”, and “Noter-Up” services to update.
  • 17. Problems with Terminology:
    • “ English and Americans are two peoples separated by a common language.” Winston Churchill.
    • Labor vs. Labour
    • Organization vs. Organisation
    • Taliban vs. Taleban
  • 18. Dictionaries and Directories:
    • A Dictionary of Law (KD313.C66 1997).
    • Oxford Companion to Law (Law Ref.K48.W34).
    • Index to Legal Citations and Abbreviations (KD400.R35 1993).
    • R.G. Logan’s Information Sources in Law (Butterworths / KJC76.I54.1997).
    • J.Dane & P.A. Thomas’s How to Use a Law Library (Sweet & Maxwell / KD392.D36 2001).
  • 19. Internet Resources:
    • BAILLI (British and Irish Legal Information Institute): http://www.bailii.org/ .
    • UK Laws via Library of Congress: http://www.loc.gov/law/guide/uk.html .
    • Bodleian Law Library (Oxford): http://www.bodley.ox.ac.uk/dept/law/jurisdictions.htm#United .
    • Lauterpacht Research Centre (Cambridge): http://www.law.cam LRCIL .ac.uk/rcil/ .
    • Old Bailey Proceedings: http://www.oldbaileyonline.org .
    • Court Service: http://www.courtservice.gov.uk/ .
  • 20. Next Time:
    • An Introduction to Canadian legal research.
    • Caselaw, Statutes, and Regulations.