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Difference between revisions of "The Law for Family Matters"
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Because the common law consists of the decisions of judges made over the past several hundred years, the common law is researched by looking at these decisions. These decisions are written down and printed in books. These books, depending on the publisher, are issued on a monthly, quarterly, or annual basis. (When you see a promotional photograph of a lawyer <span class="noglossary">standing</span> in front of a giant rack of musty, leather-bound books, the lawyer is <span class="noglossary">standing</span> in front of these collections of the case law.) These books, called ''reporters'', are where the past decisions of the courts are available if you need to make an argument about how the law applies to your particular situation. The most important reporter for family law is called the ''Reports on Family Law'', or the RFL for short, published by Carswell. You can find collections of case law reporters in the library of your local courthouse or at a law school in your neighbourhood. These libraries are open to the public, although they may have restricted business hours. | Because the common law consists of the decisions of judges made over the past several hundred years, the common law is researched by looking at these decisions. These decisions are written down and printed in books. These books, depending on the publisher, are issued on a monthly, quarterly, or annual basis. (When you see a promotional photograph of a lawyer <span class="noglossary">standing</span> in front of a giant rack of musty, leather-bound books, the lawyer is <span class="noglossary">standing</span> in front of these collections of the case law.) These books, called ''reporters'', are where the past decisions of the courts are available if you need to make an argument about how the law applies to your particular situation. The most important reporter for family law is called the ''Reports on Family Law'', or the RFL for short, published by Carswell. You can find collections of case law reporters in the library of your local courthouse or at a law school in your neighbourhood. These libraries are open to the public, although they may have restricted business hours. | ||
Thankfully, these days almost every important decision is published online as well. This makes research a lot easier and saves a lot of time travelling to and from libraries. [http://canlii.org CanLII], the Canadian Legal Information Institute, has a collection of most cases published since 1990 and a growing number of older cases from all parts of Canada. | Thankfully, these days almost every important decision is published online as well. This makes research a lot easier and saves a lot of time travelling to and from libraries. [http://canlii.org CanLII], the Canadian Legal Information Institute, has a collection of most cases published since 1990 and a growing number of older cases from all parts of Canada. [https://commentary.canlii.org/w/canlii/2018CanLIIDocs161 ''The Canadian Legal Research and Writing Guide''] is a free and comprehensive manual and step-by-step guide on how to perform legal research in Canada. It is based on the work of a well-respected legal research expert, Catherine Best. | ||
The courts also post case law on their respective websites. Search the judgments of: | The courts also post case law on their respective websites. Search the judgments of: | ||
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Legal research can be terribly complex, partly because there are so many different reporters and partly because there are so many cases. In fact, legal research is the subject of a whole course at law school. You can get some help from the librarians at your local courthouse law library or university law library, all of whom are really quite helpful. In fact, the law library at UBC has a research desk that can help with certain limited matters. You might also consider hiring a law student to plough through the law for you, and the law schools at UBC, the University of Victoria, and Thompson Rivers University <span class="noglossary">will</span> have job posting boards where you can put up a note about your needs and <span class="noglossary">contact</span> information. | Legal research can be terribly complex, partly because there are so many different reporters and partly because there are so many cases. In fact, legal research is the subject of a whole course at law school. You can get some help from the librarians at your local courthouse law library or university law library, all of whom are really quite helpful. In fact, the law library at UBC has a research desk that can help with certain limited matters. You might also consider hiring a law student to plough through the law for you, and the law schools at UBC, the University of Victoria, and Thompson Rivers University <span class="noglossary">will</span> have job posting boards where you can put up a note about your needs and <span class="noglossary">contact</span> information. | ||
If all else fails, or your issue is really complex, try hiring a professional legal researcher. The Legal Research section of the Canadian Bar Association BC maintains a list of freelance research lawyers, available on the [ | If all else fails, or your issue is really complex, try hiring a professional legal researcher. The Legal Research section of the Canadian Bar Association BC maintains a list of freelance research lawyers, available on the [https://www.courthouselibrary.ca/how-we-can-help/ask-librarian/listing-research-lawyers Courthouse Libraries BC] website. | ||
==Legislation== | ==Legislation== | ||
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* [http://www.worldcat.org WorldCat] | * [http://www.worldcat.org WorldCat] | ||
* [http://blog.canlii.org/2012/07/06/one-minute-legal-research-a-student-made-video-series/ CanLII blog] (video tutorials on using CanLII) | * [http://blog.canlii.org/2012/07/06/one-minute-legal-research-a-student-made-video-series/ CanLII blog] (video tutorials on using CanLII) | ||
* [ | * [https://www.courthouselibrary.ca/how-we-can-help/ask-librarian/listing-research-lawyers List of legal research lawyers] | ||