There is a story by venerable bede, the father of church history (9673-735), in Jurisprudence or case law decisions and resolutions(1901

resolutions(1901 to the present,

which Augustine, missionary to England under pope Gregory I, was trying to over 70k)
convert the English to Christianity Secondary authority
Despite much success, Augustine had trouble converting the Celtics to roman >commentaries on the law that do not have binding effect but aid in explaining
catholics what the law is or should be
The celtic leaders asked a wise man whether they should submit to Augustine or >materials that analyze, explain, or criticize the law or that help find legal
not. authority(finding tools)
Celts: should we submit to Augustine or not? >resources about the law and not the law itself
Wiseman: yes, if he is a man of god Legal encyclopedias
Celts: how can we tell? Legal dictionaries
Wiseman: if he is gentle and humble of heart Restatements
Celts: how can we discern that about him? Treatises
wiseman arrange it so that Augustine and his men arrive first at your meeting Legal periodicals
place. Practice materials
If he stands up when you arrive, it will prove that he is a servant of Christ. In that Hierarchy
case do as he bids you. International secondary to jumpstart your research, you can start here
Unfortunately, Augustine failed to rise as he greeted the celts, and they refused to International primary
accept his leadership Local secondary to jumpstart your research, you can start here
Characteristics of a good researcher Local primary
Analytical By application
Technique that can be utilize Mandatory
When legal research when you analyze the facts and issues Primary authorities: considered in making a determination in a legal
legal scholar research done more critique, critical piece of work, attempt to find matter
and discuss, all the real and relevant materials Statues, presidential issuances, international treaties and conventions,
legal lawyer administrative rules and regulations, local ordinances, case law
What is legal research? Must be followed and must be cited first
The process of identifying and retrieving information necessary to support legal In case law, the principle of stare decisis et non quieta movere( to
decision-making. In its broadest sense, it includes each step of a course of action adhere to precedents and not to unsettle things that are established) is applied
that begins with an analysis of the facts of a problem and concludes with the Persuasive
application and communication of the results of the investigation. Considered when there is no mandatory authority on a subject matter
Conclusive, precise and accurate. Laws and decisions of other jurisdictions
4 Cs of good legal research Comprehensive, credible, cost effective, correct Opinions of government agencies (BIR,DOJ)
Core of legal are the legal authority. Executive interpretation of legislative enactments is
3 basic steps accorded wright by the judiciary
1Problem identification and analysis Treatises, law review articles
2information search and retrieval Persuasive authorities may be cited
3communication of results By source
Identifying and analyze the problems Primary official records of the statute or case law as published by the issuing
1collects the facts agencies
2classifying the facts Statutory law (congressional records, official gazettes, pursuant to EO no
3determine legal issues 200 (1987), newspapers of general circulation
4identify the jurisdiction Case law Philippine reports, official gazette, advanced sheets
Search & retrieve information Secondary published by private or commercial entities
1. Find materials relevant to your subject. Statutory law ( vital legal documents, commentaries textbooks)
Use finding tools Lex libris (laws, philippine law, encyclopedia, lawphil, chan robles)
Secondary primary, rules Electoronic legal research resources and guidelines
Traditional and electronic sources Technology and legal research
Search and retrieve information >technology has made possible the development of electornic legal research
1. Comprehensive legal research >defined as technology that allows lawyers and judges to bypass the traditional
Cases and jurisprudence law library and locate statutes, court cases, and other legal references in minutes
Statutes, codes, rules, and regulations using a personal computer, research software, or a moderm.
Congressional debates >technology-driven legal profession.
Law reviews, journals Demystifying legal research online search advances key to the practice of law
Encyclopedia dictionary Legal research is now synonymous with online search. Advances in search
2. Cross reference materials for accuracy relevance help legal professionals be more productive, but human expertise drives
3. Ensure materials are up to date productivity gains as much as algorithms do.
Purpose of legal research 325000000 number of returned results for the search parameter legal information
To find authority that will aid in finding a solution to a legal problem website using google (10,11,2017)
Primary Authority Currentness (is the database or information up to date/when was it updated)
Rules of law that are binding upon the courts, government and Dead links - lack of maintenance
T/F a defect in any of the essential requisites shall not affect the validity of the marriage but
individuals
the party or parties responsible for the irregularity shall be civilly, criminally and
Consists of the law itself, as expressed in the verbatim texts of the administratively liable.
statute or case law Usabiltiy- (is the information properly arrange/hows it search engine/does it come up with
1 the constitution fundamental law of the land focues results/ do the links worrk)
2 statute/ statutory law legislative enactments, executive issuances How to get information (browsing searching[customize query template])
3 administrative/agency law Phrase searching use quotation marks() to capture 2 or more words as
issued by agencies charged with regulating an area of conduct
an exact phrase. Ex qualified theft, consummated theft
rules of regulation
4case law decided or written opinions by courts Full text search any word or group of words appearing in text of the
5 muslim or sharia law issuance
islamic law and customary law GR general registry number- case docket number orginally assigned by SC
embraces legal, social, political and civil relations Title any word that appears in the title of a case
Sources of primary authority Ponente writer of the opinion
The legislative branch Syllabus any word that appears in the headnotes or list of points in law applied by
The congress of the philippines the court
Bicameral (senate and house of representatives) :caveat for you not all cases have syllabus
Legislative enactments Year
Acts (1900-1935, 4275) Citation finder searches the case corresponding to the citation given
Commonwealth acts (1935-1945, 733) Query template
Republic acts (1946-1972,1987-2013, 10606)
Batas PAmbansa (1979-1985,884) issued by the unicameral batasang pambansa
The Executive Branch
Office of the president
Presidential decrees(marcos 1972-1985, 2034),Executive Orders(Aquino,
EO no 136) proclamations
Treatise and international agreements
Administrative agencies(orders, rules, rulings, memorandum orders and
circulars)
The Judiciary
Rules of court: civil procedure, special proceedings, criminal procedure,
evidence, summary procedure, small claims cases, environmental cases