Library print resources for Law

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Library print resources for Law
An overview
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Aims of session

• To familiarise students with the nature and
  location of the main print legal sources used in
  academic study

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Learning outcomes

• After the session, you will be able to
• identify the different types of legal materials
  on a typical course reading list
• find and consult these materials in print in the
  Library

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Legal sources

• Divided into two categories
• Primary sources
• Secondary sources

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Primary sources

• The stuff which makes up the law
• Two main elements in common law
• Court judgments Case law
• Parliamentary legislation Statute law

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Secondary sources

• Commentary on and interpretation of primary
  sources, for example
• Legal treatises (books)
• includes course textbooks
• Legal periodical (journal) articles
• Commentary is opinion, and should be evaluated
  critically

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Case Law

• Reported in law reports (Floor 4)
• Different law report series
• Case reports are referenced by citation

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Finding a report from a citation, pt.1

• Example citation
• Pepper v Hart 1992 3 W.L.R. 1032

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Finding a report from a citation, pt.1

• Example citation
• Pepper v Hart 1992 3 W.L.R. 1032
• Parties
• Vol. Yr
• Part
• 
  Series
• 
  Page No.

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Pepper v Hart 1992 3 W.L.R. 1032

• Step One use the Abbreviations Guide or a
  Citation Dictionary to work out what report you
  are looking for
• W.L.R. Weekly Law Reports
• Note Cardiff Index to Legal Abbreviations
• http//www.legalabbrevs.cardiff.ac.uk/

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Pepper v Hart 1992 3 W.L.R. 1032

• Step Two locate law report series using the
  Abbreviations Guide or the Library Catalogue

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Select title search
Enter title
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Shelf No./Classmark relates to a physical
location in the Library
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Pepper v Hart 1992 3 W.L.R. 1032

• Step Three consult required volume in series,
  at page indicated
• Here, part 3 of 1992 at page 1032

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Finding a report from a citation, pt.2

• New system of citation introduced by the courts
  in 2001
• Called neutral citation
• In neutral system, citation does not specify a
  particular law report series

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Finding a report from a citation, pt.2

• Example neutral citation
• Barber v Somerset CC 2002 EWCA Civ 76
• 
  Year
• England Wales
• 
  Court of Appeal
• 
  Civil Division
• 
  Judgment
  No.

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Barber v Somerset CC 2002 EWCA Civ 76

• To obtain a citation to a law report series, use
  Current Law Case Citator
• Floor 4 at 41 R 85 C93
• Consult volume covering the year of judgment (if
  you know it) and, if necessary, subsequent years
• Cases are ordered alphabetically, with citations
  listed for each entry

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Case Law

• Case law is not static
• Cases may go to appeal, as with Barber
• Cases are heard at different levels of court,
  with different levels of precedent
• Subsequent court judgments may consider, apply,
  overrule or distinguish earlier cases

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How to trace the history of a case

• Use Current Law Case Citator
• Begin with case entry in volume covering year
  case first reported
• Consult entries in each subsequent Citator
  volume, plus, for the current year, the latest
  issue of Current Law Monthly Digest

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How to trace the history of a case

• Example
• Conoco (U.K.) v. Neal 1989
• Digested 89/1502 Overruled 90/1931
• References are to the Current Law Yearbook, in
  the form year/number
• Details of the overruling case can be found in
  the 1990 Current Law Yearbook, entry number 1931

!
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Statute Law

• Two main domestic sources
• Acts of Parliament
• Statutory Instruments

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Acts of Parliament

• Bound in annual red volumes of Public and General
  Acts and Measures
• Shelved on Floor 4 at 41 P 22
• Within annual parts, arranged numerically by
  chapter number
• Since 1999, Explanatory Notes published with each
  Act

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Acts of Parliament

• Example
• Access to Neighbouring Land Act 1992 (c 23)
• The Act is chapter 23 of 1992
• It can be found in the volume for 1992, Part III,
  Chapters 15-47

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Statutory Instruments (SIs)

• Exercise lawmaking power granted by prior Act
  (the primary legislation)
• Bound in blue volumes of Statutory Instruments
  (Floor 4 at 41 P 31)
• Within annual parts, arranged numerically by
  running number

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Statutory Instruments (SIs)

• Cited by
• - Name
• e.g. The Beet Seeds Regulations 1993
• - or Number (year/running number)
• e.g. SI 1993/2006
• It can be found in the volume for 1993, SI Nos.
  1933 to 2130

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Statute Law

• Statute law is not static
• Just because an Act has been passed does not mean
  it is in force
• Legislation can be amended or repealed by
  subsequent Acts and Statutory Instruments

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How to check if an Act is in force

• Use Is it in Force?
• shelved at 41 P 23 H2
• Acts listed alphabetically by year
• Annual paper volume updated by Halsburys
  Statutes (also at 41 P 23 H2)

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How to check if an Act is in force

• Example Access to Neighbouring Land Act 1992 (c
  23)
• RA 16 Mar 1992
• Commencement provisions s9(2) Access to
  Neighbouring Land Act 1992 (Commencement) Order
  1992, SI 1992/3349
• 31 Jan 1993 (SI 1992/3349)
• Shows the Act is in force, entering into force on
  31st January 1993 under the provisions of
  Statutory Instrument 1992/3349

Royal Assent date passed
Date in force
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How to check if an Act has been amended or
repealed

• Use Current Law Legislation Citator
• Entries by year, then by chapter number
• Begin with entry for legislation in volume
  covering year in which legislation was passed
• Consult entries in each subsequent Citator volume
  for that legislation

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How to check if an Act has been amended or
repealed

• Example
• 1988
• 28. Access to Medical Reports Act 1988
• s.2, amended 1998 c.29 Sch.15 para.8
• Chapter reference can be used to find amending Act

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How to find cases considering an Act or Statutory
Instrument

• As well as legislative changes, the Legislation
  Citator also lists cases considering legislation
• Example
• 1992
• 51. Protection of Badgers Act 1992
• s.3, see Lovett v. Bussey (1998) 162 J.P. 423
  (QBD), Rose, L.J.

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Legal Periodicals

• Law periodicals on Floor 5, within Social Science
  periodicals
• Shelved alphabetically by title
• Exception 1 recent issues on Floor 1 (current
  year )
• Exception 2 Criminal Law Review is shelved with
  law reports on Floor 4

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Legal Periodicals

• Example
• Steyn, J. Pepper v Hart a re-examination.
  2001 21 O.J.L.S. 59
• Similar process to finding case from citation
• Decipher abbreviation
• O.J.L.S. Oxford Journal of Legal Studies
• Search by title on Library Catalogue to
  check/locate holdings
• Find volume (21, 2001) and start page (59)

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Law Textbooks/Treatises

• Law material shelved under classmark K
• Main sequence on Floor 4
• Social science material shelved under classmarks
  H and J
• Main sequence on Floor 5
• Copies of popular material may also be in Short
  Loan Collection on Floor 2 or in the Learning
  Grid (University House)

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Halsburys Laws of England

• Legal textbooks date quickly
• Halsburys Laws of England is an updated
  compendium of English law (41 R 85 H1)
• In print form, 50 volumes a giant textbook
• Print volumes are updated by Cumulative
  Supplement and Current Service binder,
  cross-referenced to paragraph numbers in main
  volumes
• From this year, subscribe to electronic only

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Session summary

• Identified key legal print sources and how to
  find them
• Primary sources core constituents of law
• case law legislation
• Secondary sources interpretative
• law books law journals
• As we will see next week, these sources form the
  primary content of electronic legal resources

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Next Steps - Library

• Tour the Library
• Audio Tour available from Photocopying Enquiries
  Office on Floor 1
• Help Yourself self-guided tour leaflet
• Catalogue and E-resource drop-in sessions
• Details on Library Web site
• Work through and reflect on workbook
• Sign up for Week 3 electronic resource sessions
  in Law School
• Library Training Room (LTR), Floor 1