Content Summary

• Analytical skills: How to analyze problems and identify legal issues
• Research skills: How to find the applicable laws
• Online research skills: How to search legal databases
• Case-briefing skills: How to read a court case like a lawyer
• Skills of legal analysis: How to use the law to solve problems and predict outcomes
• Appendix  Choosing databases on Quicklaw, Westlaw, and Lexis

TopPreface

This workbook provides exercises that show students how to read, research, and analyze problems like a lawyer. The exercises focus the student’s attention on the skills used to discern relevant information, to identify legal questions, to research effectively, and to resolve legal problems.

The purpose of this workbook is to provide students of law with an opportunity to practise and hone their research and analytical skills. Intended as an introduction to legal research methodology, the workbook attempts to use plain language to introduce legal terminology and concepts. It offers an overview of the various methods of solving legal problems, the research sources available, and how to use research effectively.

The idea of using a workbook to teach legal research and writing is inspired by the questions and interests of students and instructors in the Legal Research and Writing Program at Osgoode Hall Law School, York University. We wanted to provide more opportunity for students to practise and develop their skills. The workbook begins at a basic level and gradually introduces students to the more difficult task of using the law to solve problems and answer questions. Our objective is to allow students to develop and hone a reliable methodology to use when tackling legal problems.

We are grateful to Dale Brawn for his contributions to this project and for working with us to develop the concept of a law workbook. Over the years, we have benefited greatly from the encouragement, assistance, and expertise of the law librarians at Osgoode Hall Law School, especially Marianne Rogers, Head Reference Librarian, and Louise Tsang, Reference Librarian. Louise has also worked closely with us to develop the chapter and materials on electronic researching skills.

TopTable of Contents

Preface

Chapter 1  Analytical skills: How to analyze problems and identify legal issues

Identify the relevant facts

Exercise 1  Mr. Jones and Ms Smith

Exercise 2  Ms Ravji and the Ashtar Estate

Exercise 3  Green Acres

Exercise 4  Romeo and Juliet

Assess the significance of the facts

Exercise 5  Remedial facts

Identify the relevant legal issues categorize the area of law

Exercise 6  Higgs v. City School

Exercise 7  Mr. Kuresh

Exercise 8  Mr. Fuentes and Steel & Wheels Inc.

Exercise 9  Rucz family

References

Chapter 2  Research skills: How to find the applicable laws

Introduction: How to research a legal problem

The research checklist subject headings

Exercise 1

Exercise 2

Exercise 3

Exercise 4

Exercise 5

Exercise 6

Exercise 7

Exercise 8

Exercise 9

Exercise 10

Exercise 11

Exercise 12

Exercise 13

Exercise 14

Exercise 15

References

Chapter 3  Online research skills: How to search legal databases

Introduction

Searching strategies for the Internet

Practise writing Boolean query searches

Practise using Boolean query searches

Chapter 4  Case-briefing skills: How to read a court case like a lawyer

Introduction

Questions used to brief a case

Demonstration Case-briefing skills: Rowe v. Canning

Method 1: Using a chart summary

Exercise 1  Allied Plastering & Stucco Ltd. v. A. Visca Architect Inc.

Exercise 2  Nguyen v. Canada (Minister of Citizenship and Immigration)

Method 2: Preparing a written summary

Exercise 3  Toronto (City) v. Ontario

Exercise 4  Smart v. Law Society: A matter of professional ethics

Method 3: Underlining and margin notes

Exercise 4  Tutton et al. v. Corporation of the Town of Pickering et al.

Exercise 5  Peinet Inc. v. O’Brien

Exercise 6  Prepare a case brief for Peinet Inc. v. O’Brien

Cases

Chapter 5  Skills of legal analysis: How to use the law to solve problems and predict outcomes

Introduction

Demonstration: Legal analysis skills

Demonstration: Predictive writing skills

Practising the tools of legal analysis: Analogy, distinction, synthesis, and reconciliation

Exercise A1  Identify the key words, facts, and legal concepts raised by the problem

Exercise A2  Is the case analogous to the problem at hand?

Exercise A3  Is the case distinguishable from the problem at hand?

Exercise A4  Applying the law: Using analogous cases

Exercise A5  Applying the law: Using distinguishable cases

Exercise A6  Reconcile the differences in the case law

Exercise A7  Based on the case law, synthesize the applicable law

Exercise B1  Identify the key words, facts, and legal concepts raised by the problem

Exercise B2  Brief the relevant case law

Exercise B3  Synthesize the applicable law

Exercise B4  Identify binding authorities

Exercise B5  Analyze analogous and distinguishable cases

Exercise B6  Reconcile the apparent discrepancies in the case law

Exercise B7  Scenario A: Legal analysis indicates that a favourable decision is likely

Exercise B8  Scenario B: Legal analysis indicates that a favourable decision is not likely

Exercise C1  Identify the key words, facts, and legal concepts raised by the problem

Exercise C2  Brief the relevant case law

Exercise C3  Synthesize the applicable law

Exercise C4  Identify binding authorities

Exercise C5  Analyze analogous and distinguishable cases

Exercise C6  Reconcile the apparent discrepancies in the case law

Exercise C7  Scenario A: Legal analysis indicates that a favourable decision is likely

Exercise C8  Scenario B: Legal analysis indicates that a favourable decision is not likely

Exercise D1  Identify the key words, facts, and legal concepts raised by the problem

Exercise D2  Brief the relevant case law

Exercise D3  Synthesize the applicable law

Exercise D4  Analyze analogous and distinguishable cases

Exercise D5  Scenario A: Kitty Hawk’s case

Exercise D6  Scenario B: Holly Berry’s case

Exercise D7  Scenario C: Marc Curvesco’s case

Exercise E1  Identify the key words, facts, and legal concepts raised by the problem

Exercise E1  Brief the relevant case law

Exercise E2  Synthesize the applicable law

Exercise E3  Analyze analogous and distinguishable cases

Exercise E4  Scenario A: Charles Shingoose’s case

References

Appendix  Choosing databases on Quicklaw, Westlaw, and Lexis