Conducted by: Carol WeeContent by: Lee Su-Lin
Legal Research
© 2008-14 C J Koh Law Library
No part of this publication may be reproduced or transmitted in any form or by any means, including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the author. Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.
No copyright is claimed in the text of statutes, regulations and court decisions quoted within this work.
© 2008-14 C J Koh Law Library
This tutorial is specifically designed for the Legal Analysis, Writing and Research course for first year law students (AY2013/2014).
The purpose of this tutorial is to teach students how to conduct research using secondary sources of law, particularly print resources.
© 2008-14 C J Koh Law Library
© 2008-14 C J Koh Law Library
Contents1. Secondary sources of law p.5
2. The research process p.7
3. Textbooks, casebooks, etc. p,10
4. Legal encyclopaedias p.14
5. Legal periodicals & indexes p.21
6. How to find journal articles p.22
7. Indexes to statutes p.39
8. Indexes to cases p.44
9. Case citators p.54
I. Secondary Sources of Law
Secondary sources are publications which refer and relate to the law, but are not themselves sources of law.
These include:1.Textbooks, casebooks, etc.2. Legal encyclopaedias3. Legal periodicals4. Research literature, e.g. Theses5. Reference works, e.g. Dictionaries, directories, bibliographies, digests, citators, indexes, etc.
Secondary sources: assist in locating primary sources of law assist in the interpretation of primary sources.
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I. Secondary Sources of Law
Secondary sources are important:
In legal research, referring to a secondary source is often the first step in learning the basics of a particular area of law;
Thorough legal research requires the use of the various categories of secondary sources;
Secondary sources may be cited in court in support of a particular proposition in law - a court may not be bound by secondary authorities, but books or articles written by reputable authors may have significant persuasive value in selecting between conflicting authorities. (see Citation of Secondary Authorities in Court, Supreme Court Registrar’s Circular, No.3 of 2004, s.2(b), online: Registrar’s Circulars http://app.supremecourt.gov.sg/data/doc/ManagePage/99/2004-3.pdf)
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II. The Research Process
The flow chart on the next page illustrates a suggested method of carrying out legal research using secondary sources, particularly if you are unfamiliar with a topic.
However, there is no fixed approach to researching a topic and you can, depending on the situation, begin from any of the levels indicated.
LegendSecondary Sources of Law
Primary Sources of Law
A
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II. The Research Process
Where do I start?
Textbooks on topic, Legal encyclopaedias
Journal articles, Theses
for more details,current opinions orcommentaries
Cases or Legislation
may referto
to find moreIndexes, Digests,Databases
to note up
Citators
may refer to
Textbooks, Journal articles, Encyclopaedias, Digests
to understand
Dictionaries,Glossaries
for meaningsof words
to find more Indexes,Databases
© 2008-14 C J Koh Law Library
II. The Research Process
This tutorial will cover the use of a selection of secondary sources of law that are commonly used in legal research:
Textbooks, casebooks, etc.
Legal encyclopaedias
Legal periodicals & Indexes to periodicals
Indexes to statutes
Indexes to cases
Citators.
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Books under this category include:(a) TextbooksProvide commentaries and critical evaluation of the law.E.g. Constitutional Law in Malaysia and Singapore
(b) CasebooksContain summaries of key judgments on a particular subject, sometimes with editorial commentary.E.g. Contract Cases and Materials (by Beale, Bishop and Furmston)
(c) Practice booksPrimarily for use by legal practitioners. E.g. Chitty on Contracts
III. Textbooks, Casebooks, Etc.
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III. Textbooks, Casebooks, Etc.
To find a book in the NUS Libraries, search the catalogue LINC via the NUS Libraries Portal.
E.g. Principles and Practice of Securities Regulation in Singapore by Hans Tjio
Search using keywords from title, author, topic, etc.
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III. Textbooks, Casebooks, Etc.
Select relevant edition for more details
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E.g. Principles and Practice of Securities Regulation in Singapore by Hans Tjio
III. Textbooks, Casebooks, Etc.
Book is available in several locations
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E.g. Principles and Practice of Securities Regulation in Singapore by Hans Tjio
Legal Encyclopaedias
Provide detailed statements of the law in alphabetical subject arrangement.
Good starting points for research, and are sometimes preferred to textbooks for an overview of the topic.
E.g. Corpus Juris Secundum
Halsbury’s Laws of England
Halsbury’s Laws of Singapore
Laws of Australia
IV. Legal Encyclopaedias
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IV. Legal Encyclopaedias
Legal encyclopaedias are arranged by subject. Research on a particular topic involves perusing the relevant volume and supplementary updates, if any.
For instance, when using Halsbury’s Laws of England:
Check Consolidated Index
Refer to relevant volume/s
Check Cumulative Supplementand Current Service for updates 15
IV. Legal Encyclopaedias
Step 1: Check the latest Consolidated Index (A-E) for references to “conversion of property”. This is a subject index. The Index will indicate the relevant volume, edition and corresponding paragraph/s that contain information on the topic.
Note: Publication of the 5th Edition (black) of Halsbury’s is in progess. Not all volumes have been revised yet. You will still need to refer to the 4th Edition (brown) for some topics.
Example: Researching “conversion of property” using Halsbury’s Laws of England (Ref: KB11 Hal)
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IV. Legal Encyclopaedias
Consolidated Index 2013 (A-E)
References to relevant volume, edition and paragraphs on “conversion of property”
Step 1 (contd.):
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IV. Legal Encyclopaedias
Step 2: Refer to the relevant volumes, editions and paragraphs e.g. Volume 45(2), 4th ed, para 542
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IV. Legal Encyclopaedias
Step 3: Check the current Cumulative Supplement for updated information on the topic. This is published annually and is available in 2 parts. For 2013, Part 1 updates volumes 1(1)-44(1) and Part 2 updates volumes 44(2)-52.
Refer to the Part that contains updates to the relevant volume and paragraphs.
Then, refer to the latest monthly Current Service: Noter-up for updates, if any.
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IV. Legal Encyclopaedias
2013 Cumulative SupplementPart 2
Updates for Vol 45(2), 4th ed,para 542
Current Service: Noter-upJul 2013
Check this for more current info
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Step 3 (contd.):
V. Legal Periodicals & Indexes
Legal PeriodicalsLaw journals and reviews provide information on the latest developments in the law as well as comments and criticisms of the law.E.g. Oxford Journal of Legal Studies Singapore Academy of Law Journal
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Indexes to Legal PeriodicalsProvide listings of journal articles. E.g. Index to Foreign Legal Periodicals Index to Legal Periodicals and Books LegalTrac
Search tool for articles
1.Find out what journal the abbreviation stands for using an index to legal abbreviations e.g. Cardiff Index
2.Search for journal title in LINC.
If you already have a citation to a journal article, e.g.
Dora Neo, “The Sale of Goods (Amendment) Act 1996: Satisfactory Quality, an Undivided Share in a Bulk and other Amendments” (1997) 9 SAcLJ 362.
or
David Feldman, “The Nature of Legal Scholarship” (1989) 52 Mod.L.Rev. 498.
A Quick Look at Journal CitationsVI. How to Find Journal ArticlesIf you have a citation
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A Quick Look at Journal CitationsVI. How to Find Journal ArticlesIf you have a citation
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E.g. Using Cardiff Index http://www.legalabbrevs.cardiff.ac.uk/
Search for “Modern Law Review” in LINC
If you have an incomplete citation or do not have the citation to a journal article:
1. Use an index to legal periodicals to find the complete citation. These indexes are listed on the next slide and are available via the NUS Libraries Portal.
2. Search for the journal title in LINC.
VI. How to Find Journal ArticlesIf you DON’T have a citation
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Select the most relevant database based on jurisdiction:
Jurisdiction Database
General •Index to Foreign Legal Periodicals (1985- )
Mainly civil law (access via HeinOnline)
•Index to Legal Periodicals and Books (1981- )
Mainly Anglo-American
•LegalTrac (1980- )
Mainly Anglo-American
Australia AGIS: Attorney-General‘s Information Service (1975- )
Europe Index to Foreign Legal Periodicals (1985- )
Malaysia/S’pore PERIND (1980- )
UK/US •Index to Legal Periodicals and Books (1981- )
•LegalTrac (1980- )
VI. How to Find Journal ArticlesIf you DON’T have a citation
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Q: Where do I find articles on “Rylands v Fletcher”?
Determine the scope of your research: “Rylands v Fletcher” is a common law concept.
Select appropriate database/s: Choose an index which covers common law materials, e.g. LegalTrac, Index to Legal Periodicals & Books
Access: via NUS Libraries Portal
VI. How to Find Journal Articles Searching Indexes
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VI. How to Find Journal Articles
E.g. LegalTrac via NUS Libraries Portal
Select Databases from the menu bar and enter the name of the database in the search box. Click on the “submit” button
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Q: Where do I find articles on “Rylands v Fletcher”?
Searching Indexes – LegalTrac
VI. How to Find Journal Articles Searching Indexes – LegalTrac
SelectLegalTrac
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Q: Where do I find articles on “Rylands v Fletcher”?
VI. How to Find Journal Articles Searching Indexes – LegalTrac
Enter NUSNET ID and passwordif off campus
Click here if on campus
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Q: Where do I find articles on “Rylands v Fletcher”?
VI. How to Find Journal Articles
Entersearch terms
Searching Indexes – LegalTrac
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Q: Where do I find articles on “Rylands v Fletcher”?
VI. How to Find Journal Articles
Click on titlefor morebibliographicinformation
Full textsoccasionallyavailable inPDF format
Search results:
Searching Indexes – LegalTrac
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Q: Where do I find articles on “Rylands v Fletcher”?
Take noteof citation; search for journal title in LINC
VI. How to Find Journal Articles
Databases
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The advantage of using a full text database is that a journal article can be retrieved directly without the tedious process of having to search an index first.
However, journals in databases are limited to materials which the database vendors are licensed to publish, whereas indexes cover a wider and more comprehensive range of journals.
Databases subscribed to by NUS Libraries and Faculty of Law include: HeinOnline – NUS Libraries Portal JSTOR – NUS Libraries Portal LawNet – Law Proxy Service LexisNexis - NUS Libraries Portal Westlaw - Law Proxy Service.
This tutorial will only touch very briefly on the use of full text databases to retrieve articles.
VI. How to Find Journal Articles Databases – HeinOnline
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Q: Where do I find articles on “inchoate title”?
E.g. HeinOnline via NUS Libraries Portal
VI. How to Find Journal Articles Databases – HeinOnline
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Q: Where do I find articles on “inchoate title”?
VI. How to Find Journal Articles Databases – HeinOnline
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On this page, you can browse publication titles. If not, then select your preferred search options:
VI. How to Find Journal Articles Databases – HeinOnline
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Q: Where do I find articles on “inchoate title”?
Select the field you want to search using the drop down menu (e.g. “Text” or “Article Title”), and then enter the relevant search terms before clicking on the Search button below:
VI. How to Find Journal Articles Databases – HeinOnline
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Q: Where do I find articles on “inchoate title”?
On results page:
VII. Indexes to Statutes
Both alphabetical and subject indexes are useful in locating statutes.
Print indexes are more useful for researching older statutes.
Online indexes are preferred for searching for current statutes as they are more up-to-date and are often linked to the full texts of statutes.
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VII. Indexes to StatutesSingapore
Print Statutes of the Republic of Singapore
•Alphabetical List of Public ActsRef: K7399 1985 (available at Loans Desk)
Sesquicentennial Chronological Tables of the Written Laws of the Republic of Singapore 1834-1984Ref: K7574 1984
Online
Singapore Statutes Online:Consolidated legislationhttp://statutes.agc.gov.sg/
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VII. Indexes to StatutesUK
Halsbury’s Statutes: Consolidated Index …
Including Alphabetical and Chronological
Lists of Statutes Printed in the Volumes Ref: K2016 Hal
Chronological Table of the Statutes (1235-1964; 1965-1988; 1989-2011)
Ref: K2017 Gre
Index to the Statutes
(1235-1990)
Ref: K2017 Gre40
VII. Indexes to StatutesUK
Online
Legislation.co.uk Official website for UK legislation. Original and revised Acts
http://www.legislation.gov.uk/
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VII. Indexes to Statutes
PrintFederal Statutes AnnotationsSee “Table of Principal Acts” in Volume 1Ref: K9006.5 Fsa
Online AustLii
Consolidated legislation for Commonwealth, state & territories
http://www.austlii.edu.au/
ComLaw“As made” and consolidated Commonwealth legislation
http://www.comlaw.gov.au/
Australia
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VIII. Indexes to Cases
You can search for a case by name using an alphabetical list of cases or by topic using a subject index.
There are 2 main categories of indexes:1. Indexes to Law ReportsThese are indexes published by the individual law report series.
2. Indexes with Abstracts of CasesThe main indexes in this category are the Digests. These contain summaries of cases arranged by subject.
Note: This tutorial will focus on the use of print indexes.
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VIII. Indexes to Cases
1. Indexes to Law Reports Singapore Law Reports (Reissue): Comparative Table of Citations
& Table of Cases Reported 1965 to 2009Ref: K7599 SLR
Singapore Law Reports (Reissue): Subject IndexRef: K7599 SLR
The Malayan Law Journal: Consolidated Tables & Indexes …Ref: K7599 MLJ
2. Indexes with Abstracts of CasesMallal’s Digest of Malaysian and Singapore case law.Ref: K7599.3 Md
This set is accompanied by: Mallal's Digest: Consolidated Table of Cases 2009 Reissue
Ref: K7599.3 Md
Mallal’s Digest: Consolidated Subject Index 1808 to 2012Ref: K7599.3 Md 2009
Singapore
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VIII. Indexes to CasesSingapore
Q. What is the quantum of damages for head injury?
Step 1: Select the relevant volume of the Digest.
The volumes in this set are arranged in alphabetical order according to broad subject areas. Determine the broad subject area of your research. In this case, it is “damages”.
Next, check the range of subjects covered in each volume of the Digest by referring to the front cover. In this case, digests of cases on “Damages (Personal Injury or Death)” are contained in Volume 6.
Example: Finding Cases on a Particular Subject Using Mallal’s Digest of Malaysian and Singapore Case Law (4th Ed.)
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VIII. Indexes to CasesSingapore
Q. What is the quantum of damages for head injury?
(Step 1 contd):
Example: Finding Cases on a Particular Subject Using Mallal’s Digest of Malaysian and Singapore Case Law (4th Ed.)
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Digests of cases on “Damages (Personal Injury or Death)” are contained in Volume 6.
VIII. Indexes to CasesSingapore
Q. What is the quantum of damages for head injury?
Step 2: Check the “Subject Index” in Volume 6 for references to the specific subject area. You will find cases on quantum of damages for “head injury” listed under “DAMAGES (PERSONAL INJURY OR DEATH) – Quantum – Head injury”.
Refer to the paragraphs listed in the “Subject index” for the required case abstracts. Each case abstract is accompanied by a case citation.
Note: Remember to determine the currency of the cases in the volume of the Digest you are referring to by checking the title page. For instance, Volume 6 (2012 Reissue) currently contains cases decided up to the 2011 volume of Mallal’s Digest Yearbook.
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VIII. Indexes to CasesSingapore
Q. What is the quantum of damages for head injury?Step 2 (contd.):
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Refer to theseparagraphs (1287; 1288-1336) for cases on damages for head injuries/injury
Cases on quantum of damages
Subject Index in Mallal’s Digest Volume 6
VIII. Indexes to CasesSingapore
Q. What is the quantum of damages for head injury?Step 2 (contd.):
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Case citationParagraph no.
Damages for head injury
VIII. Indexes to CasesSingapore
For more recent decisions, you may refer to:
Mallal’s Digest [Yearbooks]Search the “Subject Index” within each volume.Ref: K7599.3 MDY
Mallal’s Current LawSearch the “Table of Cases Digested’ and/or “Subject Index” at the back of each issue. Use this for the current or previous year’s cases.Ref: K7599.3 MCL
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VIII. Indexes to Cases
1. Indexes to Law Reports The Law Reports Index (1951- )
Covers cases reported in the Law Reports as well as the Weekly Law Reports, All England Law Reports, Lloyd’s Law Reports and various other law reports.Ref: K2022 I
All England Law Reports: Consolidated Tables and Index (1936-)Ref: K2020 AELR
The English Reports• Index of Cases (Vol. 177 & 178)Alphabetical listing of cases. Use this if you know the name of the case.Ref: K2020 ER
• English Reports Wall ChartUse this when you only have the citation to the case, but not the names of the parties (e.g. I Keb. 434)Location: On wall opposite C J Koh Law Library Information Desk
UK
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VIII. Indexes to Cases
2. Indexes with Abstracts of Cases The Digest
This series has both a Consolidated Table of Cases and an Index to subjects.Ref: K2028 EED
Current Law Yearbook and Current Law Monthly Digest• Yearbook - Volume 1 for each year contains a “Table of Cases” covering the law from 1 Jan to 31 Dec for that year.Ref: KB3 CLY
• Monthly Digest – the latest issue for the current year contains a “Cumulative Table of Cases” and “Cumulative Index” to subjects for the year up to that month.Ref: KB3 CL
UK
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VIII. Indexes to CasesAustralia
Indexes with Abstracts of Cases The Australian Digest
Consult the “Consolidated Index and Tables”.Ref: K9011 AD3
Australian Current Law: ReporterFor previous years, consult the “Cumulative Table of Cases” and/or “Cumulative Index” (of subjects) in the “Consolidated Tables and Indexes” volumes.
For the current year, refer to Volume 1 of the looseleaf index (located at the back of the set).Ref: KB3 ACLR
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IX. Case Citators
Having located a case relevant to your research, it is then essential to confirm if the case is still “good law”. This process is referred to as “noting up”.
You will need to :1. check that the case has not been reversed on appeal or subsequently overruled by a superior court;
2. determine whether, and in what manner, the case was considered in subsequent decisions i.e. whether the case was followed, applied, distinguished, etc.
The case citator is the main publication which provides the judicial history and judicial treatment of case law. 54
IX. Case Citators
Term Abbrev Definition
Applied Appl Used where the principles of law in the annotated case have been applied to a new set of facts and circumstances
Followed Foll/Folld Used to denote that the principle of law established in the annotated case has been applied in the annotating case
Not followed Not foll/
Not folld
Used where the court in the annotating case has refused to follow the annotated case although potentially relevant. Implies that annotated case is wrong
Distinguished Dist/Distd Used where the annotated case is not applied in the annotating case due to some distinction in the facts or in the law
Overruled Overd/Overld
Used where a higher court has held the annotated case to be wrong
Examples of terminology associated with noting-up:
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IX. Case Citators
Singapore Print • Mallal’s Digest: Case Citator 1932 to 2010Ref: K7599.3 Md 2010
• The Singapore Law Reports (Reissue): Table of Cases Referred to: 1965 to 2009Ref: K7599 SLR
Online LawNetAccess: Law Proxy Service
UK Print Current Law Case CitatorRef: KB3 CLC
Online JustCiteAccess: NUS Libraries Portal
Australia Print Australian Case CitatorRef: K9012 ACC
Online CaseBase (in LexisNexis AU)Access: NUS Libraries Portal
These are the major case citators for 3 jurisdictions:
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IX. Case Citators
E.g. Mallal’s Digest: Case Citator 1932 to 2010 (2 Vol.)
K7599.3 Md 2010
Singapore
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IX. Case Citators
E.g. Mallal’s Digest: Case Citator 1932 to 2010 (Vol. A-L)
Singapore
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Annotated case
Annotating cases
IX. Case CitatorsSingapore
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E.g. Singapore Law Reports (Reissue): Table of Cases Referred to: 1965 to 2009 (Vol. A-L)
Annotated case
Annotating cases
IX. Case Citators
E.g. JustCite via NUS Libraries Portal
UK
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IX. Case Citators
E.g. JustCite
UK
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IX. Case CitatorsUK
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E.g. JustCite
IX. Case CitatorsAustralia
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Select CaseBase
Enter case namee.g. Hedley Byrne
Click on Find button
E.g. CaseBase in LexisNexis AUvia NUS Libraries Portal
IX. Case CitatorsAustralia
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Select relevantdecision, e.g. House of Lords
E.g. CaseBase in LexisNexis AU
IX. Case CitatorsAustralia
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List of annotating cases for Hedley Byrne
Click on citation for full text of annotating casesAnnotations
E.g. CaseBase in LexisNexis AU
IX. Case CitatorsInternationa
l
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E.g. LawCite: http://www.austlii.edu.au/lawcite/
This is a free, automatically generated international legal case citator developed by AustLII.
Enter name of annotated case
IX. Case CitatorsInternationa
l
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E.g. LawCite: http://www.austlii.edu.au/lawcite/
Select relevant decision e.g. House of Lords
IX. Case CitatorsInternationa
lE.g. LawCite: http://www.austlii.edu.au/lawcite/
List of annotating cases
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Click on citation for full text of annotating case
IX. Case Citators
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For more details on the noting-up process, you may refer to the Powerpoint tutorial on Noting-up
Updated for lecture on 14 Oct 2013© C J Koh Law Library 2008-14
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