Legal Research Principles Overview

Summary

Legal research involves verifying case validity, starting with a research question, and avoiding certain question types. Financial security for judges includes collective and individual aspects. The McGill Guide requires italicizing journal titles. Mediation offers non-adversarial flexibility. Ethical approval is crucial for interviewing law clerks. Comparative law analyzes multiple jurisdictions. Doctrinal research examines legal principles and jurisdiction. International law sources include treaties and customs.

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Zachary Schrag explains that you must begin research with: Question * options: a) A theoretical framework b) A research question c) A methodological statement d) A thesis
For Zachary Schrag's question, the correct answer is:
b) A research question
Schrag emphasizes that starting with a clear research question provides direction and focus for the research process. Do you have any other questions or need more legal information?
Deborah van den Hoonaard explains that researchers should avoid certain types of questions. What are they? Question * options: a) "Leading" questions b) "Yes/No" questions c) "Why" questions d) Double-barrelled questions
Deborah van den Hoonaard emphasizes that researchers should avoid certain types of questions. The correct answer is:
a) "Leading" questions
b) "Yes/No" questions
c) "Why" questions
d) Double-barrelled questions
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Deborah van den Hoonaard explains that researchers should avoid certain types of questions. What are they? Question * options: a) "Leading" questions b) "Yes/No" questions c) "Why" questions d) Double-barrelled questions
Deborah van den Hoonaard explains that researchers should avoid the following types of questions:
- Leading questions
- Yes/No questions
- Why questions
- Double-barrelled questions
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Financial security of judges has the following two dimensions: Question * options: a) Collective b) Governmental c) Personalized d) Individual
For the question about the financial security of judges, the correct options are:
- a) Collective
- d) Individual
Financial security for judges encompasses both their collective security (overall compensation and benefits provided to the judiciary as a group) and their individual security (personal financial stability and independence).
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According to the McGill Guide, the style of cause requires no italicization if a researcher cites a case rendered by the Ontario Court of Appeal. Question * options: True False
The correct answer to your question is "False." According to the McGill Guide, the style of cause should be italicized, regardless of the court rendering the decision.
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Lawyers must do whatever their client tells them to do. This is known as a concept of zealous advocacy. Question * options: True False
The concept of zealous advocacy does not mean that lawyers must do whatever their client tells them to do. Lawyers are bound by ethical rules and must act within the law. The correct answer is False.
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To note up a case, you must consider the following elements: Question * options: a) Controlling factors b) Judicial consideration and history of the case c) Reference jurisdiction and appeal jurisdiction d) Procedural history and jurisdiction
To note up a case, you must consider the following elements:
- *Judicial consideration and history of the case*
- *Procedural history and jurisdiction*
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To note up a case, you must consider the following elements: Question * options: a) Controlling factors b) Judicial consideration and history of the case c) Reference jurisdiction and appeal jurisdiction d) Procedural history and jurisdiction
You seem to be gathering information on legal research principles and noting up cases. If you have a specific legal issue or need further clarification on any topic, feel free to let me know! Do you have any particular legal questions or issues you need assistance with?
To note up a case, you must consider the following elements: Question * options: a) Controlling factors b) Judicial consideration and history of the case c) Reference jurisdiction and appeal jurisdiction d) Procedural history and jurisdiction
Noting up a case involves several elements:
- Judicial consideration and history of the case
- Procedural history and jurisdiction
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Please identify all secondary sources in the list below: Question * options: a) Textbooks b) Treatises c) Article (published in academic journals) d) International treaties
The secondary sources in the list are:
- Textbooks
- Treatises
- Articles (published in academic journals)
International treaties are considered primary sources.
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Codification is a process of consolidation of all laws on a specific topic. Question * options: True False
The correct answer is False. Codification is the process of arranging and systematizing laws or rules into a code, rather than just consolidating them.
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When you structure your argument, it must include the following elements: Question * options: a) Warrant b) Evidence c) Reasons d) Claim'
It looks like you are gathering information for legal research and argument structuring. Here's a summary of the elements required when structuring an argument:
- Warrant
- Evidence
- Reasons
- Claim
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Bills with the identifier “C” originate in: Question * options: a) A Council b) The House of Commons c) A Committee d) The Senate
Bills with the identifier "C" originate in:
- The House of Commons
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The Senate and the House of Commons can adopt two different versions of the bill into law. Question * options: True False
False. In Canada, for a bill to become law, it must be passed in identical form by both the House of Commons and the Senate. If there are differences, they must be reconciled before it can become law.
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According to the McGill Guide, when you cite a bill, you must always include a neutral citation. Question * options: True False'
The correct answer to your question is "False." According to the McGill Guide, a neutral citation is not required when citing a bill. Neutral citations are typically used for case law, not legislative materials.
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Sometimes parties resort to mediation. Why? Question * options: a) It is a non-adversarial process that gives parties additional flexibility b) It is a process that allows parties to conduct a comparative review. c) It is a non-adversarial process that is more expensive than litigation. d) It is an adversarial process, but it is more efficient than litigation.
Parties often resort to mediation because:
- It is a non-adversarial process that gives parties additional flexibility (Option a).
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You are developing a new interview guide. You will need the participants to have as much flexibility as possible. What approach to interviewing will you choose? Question * options: a) Unstructured b) Structured c) Semi-structured
For developing a new interview guide where participants need flexibility, the best approach would be:
a) Unstructured
This allows for open-ended questions and adaptation based on the participant's responses, providing maximum flexibility. Do you have any specific legal issues or need more information on a particular topic?
To cite a book with more than three authors, you must always use: Question * options: a) Neutral citation b) Short title c) Et al d) Infra
The correct answer is:
c) Et al
When citing a book with more than three authors, you generally use "et al." to denote the additional authors.
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You are planning to develop a research project that will analyse the judicial practice of the Supreme Court of Canada. While most of your research will be doctrinal, you hope to interview law clerks about their roles at the Court. What would you need to complete this project successfully? Question * options: a) Software to analyse the interview recordings b) Interview notes c) Access to legal databases to review cases d) Ethical approval
For your research project, you will need:
- Ethical approval (Option d)
Ethical approval is essential for conducting interviews, especially with individuals in sensitive positions like law clerks.
Do you need more information on how to obtain ethical approval or other aspects of your research project?
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It seems you are gathering information on various legal research principles. If you have any specific legal issues or questions you need assistance with, please let me know.
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You are planning to develop a research project that will analyse the judicial practice of the Supreme Court of Canada. While most of your research will be doctrinal, you hope to interview law clerks about their roles at the Court. What would you need to complete this project successfully? Question * options: a) Software to analyse the interview recordings b) Interview notes c) Access to legal databases to review cases d) Ethical approval
For your research project analyzing the judicial practice of the Supreme Court of Canada and interviewing law clerks, ethical approval (Option d) is essential. This approval ensures the protection of participants and compliance with research standards.
Do you need more information on obtaining ethical approval or any other aspect of your project?
You are planning to develop a research project that will analyse the judicial practice of the Supreme Court of Canada. While most of your research will be doctrinal, you hope to interview law clerks about their roles at the Court. What would you need to complete this project successfully? Question * options: a) Software to analyse the interview recordings b) Interview notes c) Access to legal databases to review cases d) Ethical approval
To successfully complete your research project, you will need ethical approval. This is necessary for conducting interviews, especially with law clerks, as it ensures the protection of participants and adherence to ethical standards.
Do you need information on how to obtain ethical approval for your research project?
You are planning to develop a research project that will analyse the judicial practice of the Supreme Court of Canada. While most of your research will be doctrinal, you hope to interview law clerks about their roles at the Court. What would you need to complete this project successfully? Question * options: a) Software to analyse the interview recordings b) Interview notes c) Access to legal databases to review cases d) Ethical approval
To successfully complete your research project analyzing the judicial practice of the Supreme Court of Canada and interviewing law clerks, you will need ethical approval (Option d). Ethical approval is essential for conducting interviews to ensure the protection of participants and adherence to ethical standards.
Do you need information on how to obtain ethical approval for your research project?
According to Booth, “warrant” is an explanation of: Question * options: a) The methodology b) The theoretical framework c) The discourse d) The logic of your argument
According to Booth, a "warrant" is an explanation of:
- The logic of your argument (Option d).
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According to Booth, “warrant” is an explanation of: Question * options: a) The methodology b) The theoretical framework c) The discourse d) The logic of your argument
According to Booth, “warrant” is an explanation of the logic of your argument (Option d).
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Why did the Supreme Court in Douez v Facebook invalidate the forum selection clause? Question * options: a) The forum selection clause was incorrectly drafted. b) In the consumer context, the forum selection clauses are by default invalid. c) The case substantively engaged the right to privacy, a quasi-constitutional right. d) The forum selection clause required arbitration, which is illegal in Canada for consumer disputes.
The correct answer is:
c) The case substantively engaged the right to privacy, a quasi-constitutional right.
The Supreme Court of Canada invalidated the forum selection clause in Douez v Facebook because it involved the right to privacy, which is considered quasi-constitutional, and found that enforcing the clause would be unfair and unreasonable in the consumer context.
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Legal researchers will examine the Palmer case to: Question * options: a) Discuss the nature of doctrinal research b) Discuss the doctrine of wills c) Discuss the issue of constitutional rights d) Discuss the nature of judicial discretion
To help you with your query, the correct answer is:
d) Discuss the nature of judicial discretion
Legal researchers will examine the Palmer case to: Question * options: a) Discuss the nature of doctrinal research b) Discuss the doctrine of wills c) Discuss the issue of constitutional rights d) Discuss the nature of judicial discretion
To answer your question, legal researchers will examine the Palmer case to:
d) Discuss the nature of judicial discretion
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As a doctrinal researcher, you must overview the legal rules in the following context: Question * options: a) Analytical b) Constitutional c) Qualitative d) Hierarchical
For the question about the context in which a doctrinal researcher must overview the legal rules:
The correct option is:
a) Analytical
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When you conduct doctrinal research, you must determine the so-called “controlling factors”. What are they? Question * options: a) Theoretical framework b) The area of substantive law c) Scholarship d) Jurisdiction
The "controlling factors" in doctrinal research are:
- The area of substantive law
- Jurisdiction
These factors help in identifying the relevant legal principles and authorities applicable to the issue at hand.
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When you conduct doctrinal research, you must determine the so-called “controlling factors”. What are they? Question * options: a) Theoretical framework b) The area of substantive law c) Scholarship d) Jurisdiction
The correct option for “controlling factors” in doctrinal research is:
- d) Jurisdiction
Jurisdiction is essential in determining the applicable laws and precedents in doctrinal research.
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According to the McGill Guide, the title of the journal when you cite a journal article must be italicized. Question * options: True False
True. According to the McGill Guide, the title of the journal must be italicized when citing a journal article.
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Comparative law method requires you Question * options: a) To investigate historical origins of a given legal system b) To analyse international law sources c) To analyse sources from at least two jurisdictions d) To closely review legal practice from a specific jurisdiction
The correct answer for the comparative law method is:
- c) To analyse sources from at least two jurisdictions.
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Comparative law method requires you Question * options: a) To investigate historical origins of a given legal system b) To analyse international law sources c) To analyse sources from at least two jurisdictions d) To closely review legal practice from a specific jurisdiction
The correct answer is:
c) To analyse sources from at least two jurisdictions
Comparative law involves examining and comparing the laws and legal systems of different jurisdictions to understand their similarities and differences.
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You came across the following research question: “How did the Ontario Court of Appeal conceptualize the concept known as the best interests of the child?”. What methodology will you require to answer this question? Question * options: a) Qualitative b) Anthropological c) Doctrinal d) Diagnostic
To answer the research question, “How did the Ontario Court of Appeal conceptualize the concept known as the best interests of the child?”, you would require the following methodology:
c) Doctrinal
Doctrinal research involves analyzing case law, statutes, and legal principles to understand how the courts have interpreted and applied legal concepts.
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This question includes more than one answer. Sources of international law are: Question * options: a) Statute b) Bylaws c) Treaty d) Custom
Hey there! The sources of international law include:
- Treaty (c)
- Custom (d)
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This question includes more than one answer. Sources of international law are: Question * options: a) Statute b) Bylaws c) Treaty d) Custom
Sources of international law include:
- Treaties
- Custom
Is there a specific legal issue or question you need assistance with?