This document provides an introduction to legal sources and materials. It discusses primary sources, which are the original sources of law, including constitutions, legislation, law reports, government gazettes, and treaties. It also discusses secondary sources, which are not formal records of law but provide context, such as reference sources, textbooks, loose-leaf publications, law journals, and yearbooks. The document provides examples of these primary and secondary sources for South African law and how to find them in the law library, including using indexes to locate statutes and cases. It also reviews how to understand legal citations and retrieve information from tools like indexes, digests, and current awareness services.
What Are The Different Primary And Secondary Sources Of Law UK Research? - Ph...PhD Assistance
Legal research can be defined as the process by which Law-related Information is discovered and collected which in turn helps in making legal decisions. In a legal research, each phase has a course of action that starts with an examination of the facts of an issue and ends with the implementation and presentation of the investigation results (Steven M. Barkan et al., 2015). In the beginning, gaining expertise in legal research is to attain understanding of the types of materials that constitute "the law," and the connections between these resources. While investigating a legal issue, it is also appropriate to examine laws (legislative enactments), cases (judicial opinions), and/or statutory documents (regulations and decisions of administrative agencies). All these resources are considered as "primary sources." However, most researchers look for at least one additional resource, called "secondary sources," to assist their investigation or research. Mostly, sources used in Legal Research are Primary Sources and Secondary Sources.
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What Are The Different Primary And Secondary Sources Of Law UK Research? - Ph...PhD Assistance
Legal research can be defined as the process by which Law-related Information is discovered and collected which in turn helps in making legal decisions. In a legal research, each phase has a course of action that starts with an examination of the facts of an issue and ends with the implementation and presentation of the investigation results (Steven M. Barkan et al., 2015). In the beginning, gaining expertise in legal research is to attain understanding of the types of materials that constitute "the law," and the connections between these resources. While investigating a legal issue, it is also appropriate to examine laws (legislative enactments), cases (judicial opinions), and/or statutory documents (regulations and decisions of administrative agencies). All these resources are considered as "primary sources." However, most researchers look for at least one additional resource, called "secondary sources," to assist their investigation or research. Mostly, sources used in Legal Research are Primary Sources and Secondary Sources.
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Contact Us:
UK NO: +44-1143520021
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Trung Tâm Anh Văn Giao Tiếp Biên Hòa (Biên Hòa English Center) chuyên dạy
Anh Văn Giao Tiếp cho người đi làm.
Anh Văn Giao Tiếp cho giới văn phòng.
Anh Văn phỏng vấn xin việc.
Anh Văn du lịch.
Anh Văn xuất cảnh.
Anh Văn Thương Mại.
Anh Văn Phỏng Vấn xin Visa du học Mỹ.
Thông tin liên hệ:Trung Tâm Anh Văn Giao Tiếp Biên Hòa
Địa chỉ: 43A/1 Khu Phố 8A, Phường Tân Biên, Tp Biên Hòa, Tỉnh Đồng Nai.
Điện thoại: 0613 888 168Di Động: 0903 77 47 45 (Thầy Trần) Email:thandongtre@gmail.com
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Với nhiều năm kinh nghiệm trong việc giảng dạy anh văn giao tiếp cho người đi làm, bạn hoàn toàn an tâm với chúng tôi. Hơn nữa chúng tôi sẽ điều chỉnh chương trình học một cách linh hoạt sao cho phù hợp nhất với từng lớp và từng học viên.
Hầu hết học viên sau khi học với chúng tôi đều có khả năng giao tiếp tốt với người nước ngoài và đạt vị trí cao trong công ty.
Chúng tôi cam kết đầu ra chuẩn cho từng học viên.
Lớp ít người
This training is presented to first year law students to familiarise them with legal resources available at UCT. The training covers how to access the different resources and conduct basic searches.
Practical Legal Research training presented to the Legal Practice, Integrated Assessment Program and Final Year classes at the UCT Law Faculty. It covers various legal research skills, including the research process for practical legal problems.
This introduction to government documents covers types and sources of government documents, FDsys, the Federal Register, the United States Code, Regulations.gov, the SuDoc system and citing government documents.
Westlaw is an American database providing access to primary and secondary sources for a number of jurisdictions, primarily North America. There are statutes, case law, journals and more.
Juta provides online full-text access to the latest versions of South African statutes currently in force, along with more recent regulations as well as the South African Law Reports and South African Criminal Law Reports in particular as well as journals.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
2. In this session you will learn:
Primary Sources/Materials (Statutes, Law
Reports and Government Gazettes)
Secondary Sources/Materials (Books, Law
Journals, Reference Sources, Loose-leaf
publications)
3. What are the primary
sources/materials?
Primary sources/materials are the original sources
of law. It is the authority you use to provide
evidence to prove the truth of your case, for
example:
Constitution
Legislation (Acts or Statutes)
Law Reports (Case law or Judgments)
Government Gazettes
Treaties and Conventions
4. The Constitution is the
supreme law of the country. It
provides the legal foundation
for the existence of the
republic, sets out the rights
and duties of its citizens, and
defines the structure of the
government.
Legislation: The words ‘acts’,
‘statute’ and ‘legislation’ refer
to the law that comes from
Parliament. It is also known as
original legislation.
Subordinate or delegated
legislation are regulations
made by the government, eg.
Vehicle licence.
Law Reports: It’s a series of
books that contain judicial
opinions decided by the courts.
Government Gazettes: All
the Acts and their Amendments
is originally published in the
GG.
Treaties and Conventions:
Treaty refers to a written
agreement signed between
countries or nation states. A
Convention is a special type of
treaty or agreement between
many countries. It is a long and
careful process and end in an
agreement that is drafted and
ratified by member states.
5. Legal Primary
Sources/Materials - Examples
Constitution
Legislation (Acts or Statutes)
Law Reports (Case law or Judgments)
Government Gazettes
Treaties and Conventions
6. South African Primary
Sources/Materials Available in hard
copy in the Law Library
Constitution
Legislation (Acts or Statutes)
Law Reports (Case law or
Judgments)
o All South African Law
Reports
o South African Law Reports
Government Gazettes
Treaties and Conventions
7. What are the Secondary
Sources/Materials?
Secondary materials include all types of legal literature which are not
formal records of law, such as:
1. Reference Sources (Dictionaries, Encyclopaedias and Noter-ups)
2. Law Books (Text Books)
3. Loose-leaf publications (regularly updated)
4. Law Journals
5. Yearbooks
8. Textbooks are a very good source
for starting your research on any
topic. It will give you a broad
overview of the subject.
Best set of books to start your
research is the legal Encyclopaedia,
known as The Law of South Africa
(LAWSA). Is a good starting point
for researching South African law. Is
written by experts in their field and
is arranged alphabetically by subject
and each chapter covers a separate
topic.
Kept up to date with monthly
publications called Current law.
Current law is the most recent
developments in South African law
and very useful for research.
Dictionaries: Why is dictionaries so
important?
The Trilingual Legal Dictionary
provide definitions of legal words
and phrases and give meanings in
English, Afrikaans and Latin.
Loose-leaf: What is it?
Law journals are scholarly
magazines and are written by
academics and researchers.
Journals are also called periodicals
because they are published
periodically, from time to time.
Yearbooks: Annual Survey of
South African law and provides an
overview of the year’s legal
developments by famous judges.
9. South African Secondary
Sources/Materials available in hard
copy in the Law Library
1. Reference Sources
(Dictionaries, Encyclopaedias
and Noter-ups)
2. Law Books (Text Books)
3. Loose-leaf publications
(regularly updated)
4. Law Journals
5. Yearbooks
12. INFORMATION RETRIEVAL
TOOLS IN LAW LIBRARY
What are the information retrieval
tools in the Law Library?
Examples:
a. Juta’s Statutes of South African Index
b. Butterworths Index to titles of Statutes of SA
c. Butterworths Index and noter-up of All SA
Reports starting from:
1828 – 1944 Vol. 1 - Transvaal Cases
1828 – 1946 Vol. 2 - Cape Cases
1947 – 2008
d. Juta’s Index and annotations to the South
African Law Reports
( 1947 – 2008)
e. Juta’s Index and Annotations to the South
African Criminal Law Reports
1990 – 2015
f. Butterworths Labour Law Reports Index:
1994 - 2015
g. South African Law Journal Index;
1884 – 1997
h. Acta Juridica Index
1954 – 1983
i. Current Law consists of 12 review parts
per year and it is organized by subject and
in it is the most recent legal developments
of SA law.
j. LAWSA Encyclopedia is a very useful
starting point for researching South African
law. Each subject entry is written by an
authority in his field.
k. THRHR Index
1937 – 1994
l. De Jure Index
1973 – 1986
m. Industrial Law Journal Index
1980 - 2001
13. Foreign Indexes
As new student you will probably not have to find or use foreign
legal sources but no legal system exist entirely on its own.
Many of our laws are modelled on laws in other countries.
They have more or less the same functions and features as our own
Acts, Cases Textbooks and Journal Articles.
Index to legal periodicals ( Indexes journals falling within the Anglo-American
system of law)
Index to foreign legal periodicals ( Indexes journals from Europe, Asia Africa
including South African journals)
All England Law Reports Index Vol. 1936 – 1965
14. Abbreviations of Law Reports,
Journals, etc. can be found in:
1. Current Law
2. Index to legal periodicals
3. South African Legal Abbreviations by Nico M Ferreira and Karen E
Breckon.
What does the following abbreviation means?
LAWSA
BCLR
ALL SA
BLLR
Stell LR
When do you know it’s a Butterworth case and when it is a Juta?
15. Find Statutes on a Subject:
If you are searching for the latest legislation on
the Divorce Act, No. 70 of 1979
To start the search:
Step1. Find the Index of Juta’s Statutes
Step2. Find contents page and search for:
Alphabetical Index
Chronological table of Statutes
Title of statute
NB. There are 3 routes to access statutes!
Step3. Find the alphabetical index and search
for Divorce
Step 4. By searching through the Index you will
find the key words
Divorce laws: See Persons and the Family
and Marriages and Unions ( 7 ) NB: the
number in brackets indicates the Vol. to use
Step5. Find book Vol.7
Go to Groups and sub-groups
Search for Persons and the Family
Then Marriages and Unions
Step 6: The page number for Marriages and
Unions is pg. 4-213.
Go to p 4-213 and browse through table of
contents and find page number for Divorce Act
No. 70 of 1979.
Step 7. Divorce Act, No.70 of 1979 is on page 4-
232
Step 8.Go to page 4-232 and find the relevant
legislation on the Divorce Act No. 70 of 1979
16. A citation of a case consists
of five components
S v Huma 1996 (1) SA 232 (W)
1. Case name S v Huma
2. Year and volume case was reported 1996 (1)
3. Series of Law Reports SA
4. Page where case starts 232
5. Court in which case was decided (W)
17. Finding cases:
For eg. If you have an incomplete citation of a case for eg .
Johnson v Minister of Home Affairs, Start your search this way:
Step1. Find The Index and Noter-up of SA Law Reports.
Step2. Look under cases report in alphabetical order and find the full
citation of the case.
Eg. Johnson v Minister of Home Affairs 1997 (2) SA 432 ( C )