Lecture 4 Researching primary sources of law

Lecture Overview

  • Focuses on locating and using primary sources of law.

Primary Sources of Law

Definition

  • Primary sources are essential legal documents or materials that provide law itself.

Types of Primary Sources

  • Primary Legislation (Acts/statutes)

  • Case Law

  • International Treaties and Conventions

  • Court Records

  • Government Circulars

  • Practice Directions

  • Books and Articles

  • Custom

Secondary Sources

  • Not law; include opinions and commentaries but are useful for understanding legal principles.

Legislative Process in the UK

Creation of Legislation

  • Parliament: Comprises the House of Commons, House of Lords, and the Monarchy.

  • Legislation originates as a 'Bill' and must pass readings and stages in both Houses before receiving Royal Assent.

Example of Legislation

  • Assisted Dying Bill: Proposes aid for terminally ill adults.

Finding Legislation

  • Legislation is primarily published electronically.

  • Requires title and year for effective searching.

  • Sites like www.legislation.gov.uk, Westlaw, and Lexis can be used.

Anatomy of a Statute

  • Short Title

  • Long Title: Summary and purpose of the Act

  • Body of Act: Divided into sections, subsections, paragraphs, and parts.

  • Commencement and Territorial Extent: Indicates applicability across regions.

Case Law

Definition

  • Established by judges through court disputes; significant for common law.

Citation of Case Law

  • Use of case citations to reference legal decisions, which include year, volume, and page number.

Case Reporting

Reporting Hierarchies

  • Official Law Reports: Published by the Incorporated Council of Law Reporting (ICLR) including Appeal Cases (AC), Queen’s Bench (QB), etc.

  • Commercial Series: All ER, Criminal Appeal Reports, etc.

Abbreviations

  • Resources exist to decode abbreviations in case citations.

Importance of Primary Sources

  • Essential for legal research; citations must be done properly in academic works—using short titles for statutes and neutral citations for cases.