Research Tip: American Case Law

American case law is sometimes quite difficult to track down, as most of the time our basic Canadian database subscriptions do not cover other jurisdictions. (That’s why we added British case law database JustisOne to our subscriptions; check out our introductory post if you haven’t had the chance yet!)

So where can we find free access to American Case Law?

1. Google Scholar is always the first place we look. With a clean interface and a large collection of cases from state and federal courts, it’s a fantastic place to start. From the main search screen, select “Case Law” (or articles/patents if you are looking for those), and enter your search terms. Your results page should look quite familiar to you; you can click through to open a case. Note that you can also click on the “How Cited” link at the top to see any articles or cases that refer to it. Often times even if Google Scholar does not have the case you are looking for, it will still contain a reference to the case as well as alternative citations that you can try elsewhere.

googlescholar

2. Findlaw houses a lot of case law as well, as well as commentary and links to the state and district courts. To search for case law, you can enter a party’s name in the “Search for a Case” box, or alternatively, click on “Advanced Search” to enter in any other information you know. (This is where docket numbers can come in handy!) Results will bring you to a summary page, where you can click on the “Read” button to be linked to the full decision, although sometimes this will be behind a paywall.

3. Justia also offers free access to online American case law, as it brings together decisions from the Federal Courts and many of the district courts websites as well. You can search using the bar at the top right, or browse through the different courts below.

4. Casetext is the CanLIIConnects of the United States, as it features case law and added commentary by members of the legal community.

5. If you happen to know at what court the decision was made, you can often head directly to the State or District Court website to browse a database of their own decisions. Often times these are also included in the databases mentioned above.

6. Let us know! We have access to other libraries and their collections as well, so if we can help track down the case(s) you’re looking for, send us an email!

JustisOne: New British Case Law Subscription

One of the most frequent services we provide here in the library is the locating of old case law, quite often old British cases that are not available on the basic Lexis or Carswell subscriptions. We have been keeping our eye out for an affordable solution to having to trudge through and scan the old British case reporters, and after demoing JustisOne for the past month we are pleased to announce it as a new subscription available for use here at the CCLA library!

JustisOne

With JustisOne we now have electronic in-library access to a wealth of British case law and legislation, including noted up links to Canadian case law as well.

Beyond the access to British materials, JustisOne also re-envisions the case law search, eliminating boolean searching in favour of a category searching system that gives more applicable and refined search results. Some of my other favourite features include the Precedent Maps, which visualize how the case law has been treated, and the Key Paragraphs, which eliminates the guesswork of noting up by directly linking to the paragraphs that have been quoted in subsequent decisions.

JustisOne-s

We’ve greatly enjoyed playing around with this new software, and we are excited that it is now available for library users as well! If you need access to British materials you can feel free to come and try it out yourself, or as always you can get in touch with us and we will be happy to send them to you.

From Excelling at Articles 2015: 20 Legal Research Sites in 20 Minutes

On Friday, August 28, I was happy to present at the OBA’s 2015 Excelling at Articles and the LLP seminar here in Ottawa. This is the third time that either Brenda or I have been asked to present, and we love using this opportunity to give a run down of 20 great sites for articling and LPP students to keep in mind (or even better, keep bookmarked on their toolbar) for when they’re carrying out research.

To take a look at the presentation from this year, follow this link: 2015-Excelling-at-Articles

From Your Library: Westlaw FamilySource

As part of our subscription to WestlawNext, we also have the FamilySource product. This add-on makes up a separate area within Westlaw where materials specifically of interest to family law practitioners are kept, easy to find and use in your research.

When you access WestlawNext from the library computers, the portal to FamilySource is on the right hand side (see below). Clicking on the words “FamilySource” will take you to main page, which includes links to online versions of several popular looseleaf titles (that you can search, print out, or email from). This is also where you can find the Epstein “This Week in Family Law” newsletter, and you can even start a case law search within just family law cases.

FamilySource

As with all of our electronic products, there is no end cost to you when you use this product in the CCLA Library. The CCLA Library staff have been finding FamilySource to be quite useful when researching, so we encourage you to take a look the next time you’re using Westlaw at our library.

 

Chat Service Now Available!

Research made even easier! We are pleased to announce that you can now contact the CCLA Library through our new chat service. Simply click on the “Chat Now” button to connect with one of our Library Staff.

chatNow during regular office hours (8:30am – 5:00pm, Monday to Friday), you can chat with a Librarian and get case searches, precedents, historical legislation, secondary sources, document retrieval, and more, all free of charge.

So make sure to bookmark this page for the next time you need legal resources!

From Your Library: New Release – “Election Law in Canada”

Every so often,we get a new book in the library that is on a topic where we have few other titles, especially anything published recently. Aside from some entries in legal encyclopedias and an older text, election law is one of those topics. This is why we’re excited about a new book: Election Law in Canada by Donald J. Bourgeois with Susan B. Campbell. You can find this book in our library in the Texts section at KF 4483 .E4 B67 2015.

If you’d like to pick one up for yourself, you can buy it from Lexis where it costs $90.00.

From Your Library: New Release – “Examinations in Civil Trials”

If you’re an articling student or new lawyer, this is for you! Irwin Law (the publisher of “those burgundy text books”) has a series of books aimed specifically at those who are new to the profession. The latest in this series – which is authored by Ottawa lawyer John Hollander – was published just last month and is called Examinations in Civil Trials: The Formula for Success. You can find this, along with the other books in this series, in our library (this book specifically is at KF 8950 H64 2015).

From Your Library: Quicklaw Forms and Precedents

This week we’d like to highlight the “Forms” section on Quicklaw. If you have a Quicklaw subscription in your office, take a look and see if you have these in your subscription. We have them in the library through our LibraryCo Quicklaw subscription, so you can always find them here.

The quickest way to access these forms and precedents is through the Forms tab. You can see in this image where it is located from the Quicklaw homescreen.

Forms

Here’s what you need to know about these forms:

  • They are available with these different practice areas in mind
    • Banking and Finance
    • Commercial Tenancies
    • Commercial Transactions
    • Corporations
    • Debtor/Creditor
    • Employment
    • Information Technology
    • Intellectual Property
    • Land Development
    • Licensing
    • Municipal Law
    • Gold’s Criminal Precedents
    • Sale and Operation of a Business
    • Sale, Distribution, and Transport of Goods
    • Solicitors Forms
    • Wills and Estates
  • You can download them as Word documents (which means you can modify them without having to re-type)
  • There are also some handy checklists available in each section too

If you don’t have an O’Brien’s subscription in your office or you want to try out another precedents collection, we definitely suggest looking at the collection in Quicklaw. If you need any assistance with this product, as always, let us know!

E-laws Gets a New Look

Perhaps long overdue, the E-laws Ontario website for provincial legislation has revamped its user interface in favour of a more modern and accessible look and feel. Fortunately, the new interface is much cleaner and easier to navigate; unfortunately, not all of the valuable content made the transfer.

So what’s new for you? You can now Browse or Search current or source law conveniently by selecting the tab on the left-hand sidebar. An advanced search is now available, through which you can use boolean operators (AND/OR, etc.). A full explanation of the advanced search operators can be found here. Point-in-time legislation is also available back to January 2, 2004, and previous versions are now linked on the statute/regulation pages themselves.

The Table of Public Statutes and Responsible Ministers has moved, and is accessible from the ‘Legislative Tables’ link on the homepage. Unfortunate casualties of the migration were the Detailed Legislative History tables, which provided legislative history information for each statute by provision number and which are no longer available. As these tables were the primary reason I used e-Laws previously, for now there will be little motivation for me to use the new site over CanLII, which houses much of the same content.

Speaking of which, the CanLII site administrators have also notified its users that there will be a slight delay in updating the site with Ontario law, as they work to interface with the new e-Laws. No document versions will be missed and they are working to resolve the issue.

As always, if you have any difficulty or have any questions, let us know!

From Your Library: Searching Ontario Hansard Debates Online

If you need to discern the intent behind a particular piece of legislation, there’s (arguably) no better place than from the discussion of those who brought it into being. Fortunately, the record of the debates of parliament, the Hansard Debates, are becoming increasingly available online.

Provincial (Ontario)

Provincial Hansard records are available from the Legislative Assembly’s website, with scattered coverage back to 1979. PDF files of the most recent parliamentary debates are also available on the Legislative Assembly’s site in addition to the plain text. If you know the date on which a certain bill was discussed, you can simply browse to that date from the link above.

Most of the time, however, you will probably not know the exact date that the bill was discussed. In this case, you can browse to the Bill itself by clicking on Bills and Lawmaking -> Past & Present, and then select the parliamentary year from the dropdown menu. Once you have located the Bill, you can click on the “Debates” tab, as seen in the example below.

ONHansard

This will bring up a list of the dates that the Bill was discussed in parliament, and by clicking on the blue dates, will link you directly to the Hansard records. If a link is not available online, it will at least tell you the date, which you can then use to look it up in the print version at a library.

The majority of commentary occurs during the second reading of a bill. If it is deferred to a committee, the committee reports will also be linked from this screen.

You can also search the Hansard debates here, although your mileage may vary using this search tool.

We don’t hold the print copies of the Hansard here at the CCLA Library, but they are available from the University of Ottawa Law Library and the Supreme Court Library. As always, if you have difficulty finding what you need you can contact us at library@ccla-abcc.ca and we will do our best to point you in the right direction!