Law, Using a Research Checklist Guide Ask Us

What is a Research Checklist?

While every legal problem is different, a research checklist (or research plan) outlines a logical way of approaching most legal research problems. Using a checklist will ensure that you don’t overlook any of the major research tools when working on a legal question.

Checklists guide the course of your research and serve as a written record of your research history. Even if you have looked at a source under a certain heading and found nothing, make note of it on the checklist.

Checklists start with secondary sources (legal encyclopedias, books, articles, dictionaries) as they serve as a means of accessing and interpreting primary sources of law (statutes and case law). Secondary sources can save you a lot of time and frustration because the authors/editors have already done the work for you.

There are many different research checklists out there—on Westlaw Edge under Research and Writing Tools, in textbooks like The Practical Guide to Canadian Legal Research, in CanLII's Legal Research & Writing Guide, to name a few—and which one you use is up to you. What matters most is that you have a plan to organize your research.

This guide serves as a checklist as well. Each tab lists the types of sources you should consult, in the order you should use them, with links to appropriate library resources.

Issues & Keywords

Before you start your research, brainstorm your topic. Identify the issues and write down any keywords, areas of law, subheadings, etc., you can think of.

This is also where you can identify any sources that you might already know about: any known cases, statutes, books, or even authors and experts on the topic.

As you work your way through the checklist, you may find other issues and keywords that apply to your research topic. Add them to this section to keep track of them.

Secondary Sources: Dictionaries and Words & Phrases

Secondary sources comment on the law, but are not the law itself. Instead, they help you find the law.

Legal dictionaries and words and phrases can help you research the meaning of legal terms and the legal interpretation of legal words and phrases. This can help when you’re trying to interpret a statute for which there is no clear case law or if you’re trying to discern the meaning of a word in a key legal document, such as a contract or a will.

Legal Dictionaries

If you need to know the meaning of a legal word, use a legal dictionary. Legal dictionaries are available online and in print:

• Barron's Canadian Law Dictionary
  • Lexis+ (law students only)
  • Lexis Advance Quicklaw (available to all students)
  • In print at the reference desk
  • In print in the reference section
• Dictionary of Canadian Law
  • In print on the reference desk
• Black's Law Dictionary (American)
  • Westlaw Edge (law students only; click the International tab)
  • In print on the reference desk

Words & Phrases

Words and phrases differ from dictionaries, as they show what the courts have said about a particular term. A words and phrases source will show how courts in different jurisdictions (federal, provincial, international) have defined this term. Online words and phrases include links to these cases so you can see the definition in context.

There are a few words and phrases to choose from:

• Words & Phrases Judicially Defined in Canadian Courts and Tribunals (aka: Words & Phrases)
  • Westlaw Edge (law students only)
  • In print in the reference section
• Canadian Legal Words & Phrases
  • Lexis+ (law students only)
  • Lexis Advance Quicklaw (available to all students)
• Sanagan's Encyclopedia of Words and Phrases
  • In print on the reference desk

Secondary Sources: Legal Encyclopedias

Secondary sources comment on the law, but are not the law itself. Instead, they help you find the law.

Legal encyclopedias contain narrative summaries of the law supported by references to case law and statutes. They are often the best place to start to gain a general understanding of the law in a particular area.

Canadian

There are two main legal encyclopedias in law: the Canadian Encyclopedic Digest (CED) and Halsbury's Laws of Canada (Halsbury's). CED covers federal, western, and Ontario jurisdictions, and Halsbury's covers all provincial and federal jurisdictions. Another legal encyclopedia is JurisClasseur Quebec, which covers Quebec law and is in French only.

Canadian Encyclopedic Digest

• Westlaw Edge (law students only)
• In print in the reference section
• How to start your research with the Canadian Encyclopedic Digest (5:58)

Halsbury's Laws of Canada

• Lexis+ (law students only)
• Lexis Advance Quicklaw (available to all students)
• In print in the reference section
• Halsbury's Laws of Canada - Lexis Advance Quicklaw (1:45)

JurisClasseur Quebec

• Lexis+ (law students only)
• Lexis Advance Quicklaw (available to all students)

American

Law students have access to two American legal encyclopedias: American Jurisprudence (2d) and Corpus Juris Secundum. Both are available in Westlaw Edge (law students only).

American Jurisprudence (2d) (AmJur)

• Westlaw Edge (law students only)
  • Go to Westlaw US via the International tab and start typing the title
• In print in the reference section

Corpus Juris Secundum

• Available via Westlaw Edge (law students only)
  • Go to Westlaw US via the International tab and start typing the title

U.K.

The main British legal encyclopedia is Halsbury's Laws of England. Electronically, it is available via Lexis+ (law students only) and Lexis Advance Quicklaw (available to all students).

Halsbury’s Laws of England

• Lexis+ (law students only)
• Lexis Advance Quicklaw (available to all students)
• In print in the reference section

Secondary Sources: Books and Articles

Secondary sources comment on the law, but are not the law itself. Instead, they help you find the law.

Books and eBooks

To search for books at UNB Libraries, use UNB WorldCat. UNB WorldCat contains records of materials held at the Harriet Irving, Science and Forestry, Engineering, Hans W. Klohn, and Law libraries.

If you're articling, check your firm's library. If your firm doesn't have a library, make use of your law society/courthouse library, local public library, or nearby academic law library.

UNB WorldCat Tutorials:

•   Introduction to UNB WorldCat (3:59)
•   Searching UNB WorldCat Using Subject Headings (1:33)
•   e-Books at UNB Libraries (5:12)

Loose-Leaf Books

Loose-leaf books are books in binders that are frequently updated (publishers send clients new pages to replace outdated ones as the law changes) and used in practice. If you can find a loose-leaf text on your topic, make use of it.

A loose-leaf book will show up in the UNB Libraries catalogue as a continually updated resource. You can also view our list of core loose-leafs by subject. Many of them are also available electronically via Thomson Reuters ProView.

Articles

Journal articles will interpret the law and provide greater detail on specialized topics than books do. Articles are more current because there’s a shorter turnaround time for publication.

If you already know the journal title, year, volume number, and page number for an article, you may be able to access it electronically by searching for the journal's title in UNB Libraries' Journals & Newspapers search. If we have the journal electronically or in print, it will be listed. You can also look up the journal title in UNB WorldCat.

When you're searching for articles, it can be best to start with an index rather than a full-text database. An index is essentially a list of articles by topic. Sometimes the article will be available full-text, but often you'll just be given a citation that you can use to track it down somewhere else. But an index will show you what exists outside of that particular database's holdings, which broadens your search.

Indexes:

• Index to Canadian Legal Literature
  • Westlaw Edge (law students only)
  • Lexis+ (law students only)
  • Lexis Advance Quicklaw (available to all students)
• Index to Legal Periodicals & Books Full Text (hybrid index/full-text database)
• Index to Legal Periodicals Retrospective (hybrid index/full-text database)
• LegalTrac (hybrid index/full-text database)

Full-Text Databases:

• Index to Legal Periodicals & Books Full Text (hybrid index/full-text database)
• Index to Legal Periodicals Retrospective (hybrid index/full-text database)
• LegalTrac (hybrid index/full-text database)
• Lexis+ (law students only)
  • Click Law Reviews & Journals
• Lexis Advance Quicklaw (available to all students)
  • Click Law Reviews & Journals
• Westlaw Edge (law students only)
  • Click Articles and Newsletters
• HeinOnline
  • Click Law Journal Library
• CanLII  
  • Click Commentary

Continuing Legal Education Materials

CLE materials can include articles and other secondary sources that can help you with your research.

• AccessCLE  
  • Freely available CLE documents from the Law Society of Ontario

Primary Sources: Constitutional Research

Primary sources are the law itself; i.e., statutes and case law.

The Constitution is the supreme law of Canada. It reaffirms Canada's dual legal system and also includes Aboriginal rights and treaty rights.

Constitution and Charter of Rights

You can find The Constitution Act, 1982, The Constitution Act, 1867, and the Canadian Charter of Rights and Freedoms via:

• Lexis+ (law students only)
• Lexis Advance Quicklaw (available to all students)
• Westlaw Edge (law students only)
• CanLII  
• Justice Laws   (Government of Canada federal legislation)

Commentary

When conducting constitutional research, you can begin with secondary sources such as:

• Constitutional Law of Canada by Peter Hogg (loose-leaf text). Also available as an eLooseleaf via Thomson Reuters Proview.
• Constitutional Law of Canada, Student Edition by Peter Hogg

Annotated Statutes

Annotated statutes are statutes with accompanying commentary and case notes written by legal authorities who are experts in a field relevant to that statute.

• Canadian Charter of Rights Annotated by John B. Laskin, Edward L. Greenspan, and J. Bruce Dunlop, eds. Also available as an eLooseleaf via Thomson Reuters Proview.
• Charterpedia  (via Dept. of Justice)

Noting Up

When researching a particular section, don't forget to note it up. Noting up statutes/constitutional documents is when you find case law that has interpreted that section in court; therefore, it can help you find case law to support your argument.

To note up a section in Westlaw, hover over the Citing References tab at the top and select Cases and Decisions.

To note up a section in Lexis+, click Citing Cases on the right.

To note up a section in CanLII, either click the hyperlinked section number or use the Note Up tab at the top.

Primary Sources: Legislation

Primary sources are the law itself; i.e., legislation and case law.

Legislation includes bills, statutes, and regulations (subordinate legislation that exists pursuant to a statute). Government documents (Hansards/debates, committee reports, etc.) are used to research legislative intent and thus could fall under this category as well.

Statutes and Regulations

Statutes and regulations are available in the following databases and websites:

• Lexis+ (law students only)
• Lexis Advance Quicklaw (available to all students)
• Westlaw Edge (law students only)
• CanLII  
• Justice Laws   (Government of Canada federal legislation)
• New Brunswick Acts and Regulations
• HeinOnline
  • Click Canadian Content

Each province and territory should have legislation available online, so check the government websites in your jurisdiction.

Print statutes and regulations are in the Mackay Reading Room and/or the Rare Books Reading Room on the first floor. If you're doing historical research and/or need to look at older versions of statutes, you might need to use the print volumes. However, HeinOnline has historical versions of federal and provincial legislation and some regulations.

Bills

A bill is proposed legislation under consideration by a federal or provincial legislature. Bills are usually available on government websites.

You can find current and historical bills online:

• LEGISinfo  
  • Federal bills from 1994–present
• Canadian Parliamentary Historical Resources  
  • Federal bills from 1867–1997
• Legislative Pulse (law students only; log in with Lexis+ credentials)
  • Federal and provincial bills from 2002–present
• Legislative Assembly of New Brunswick  
  • NB bills from 1995–present
• UNB Law Library NB First Reading Bills Archive  
  • NB first reading bills from 1979–1996/97

Legislative Intent

When researching a particular statute, bill, or amendment, you might need to find its intent/purpose. You can find this information in various documents, like debates and committee reports.

Hansards/Debates

• House of Commons Debates (Hansard)  
• Debates of the Senate (Hansard)  
• Canadian Parliamentary Historical Resources  
  • Historical House and Senate debates from 1867–1996
• Legislative Assembly of New Brunswick Hansards  
• Legislative Assembly of New Brunswick Hansards (print)
  • 1931–1979, 1980–1995/1996, 2002/2003–present: third floor, government documents section
  • 1896–1930 (also called Synoptic Reports): Rare Books Reading Room

Journals/Votes and Proceedings

• House of Commons Journals  
• Journals of the Senate  
• Canadian Parliamentary Historical Resources  
  • Historical House and Senate journals from 1867–1997
• Legislative Assembly of New Brunswick Journals  
• Legislative Assembly of New Brunswick Journals (via UNB Libraries)
• Legislative Assembly of New Brunswick Journals (print)
  • 1935–present (with some gaps): third floor, government documents section
  • 1894–1934: Rare Books Reading Room

Committee Reports

• Legisinfo  
• Library of Parliament  
• House of Commons Committee Reports  
• Senate Committee Reports  
• Canadian Parliamentary Historical Resources  
  • Historical House (1877–1993) and Senate (1887–1993) committee documents
• Legislative Assembly of New Brunswick Committee Reports  
• UNB Libraries
  • Search the catalogue for committee reports in print

Noting Up

When researching a particular statute or regulation, don't forget to note it up. Noting up legislation is when you find case law that has interpreted that section in court; therefore, it can help you find case law to support your argument.

To note up a section in Westlaw, hover over the Citing References tab at the top and select Cases and Decisions.

To note up a section in Lexis+, click Citing Cases on the right.

To note up a section in CanLII, either click the hyperlinked section number or use the Note Up tab at the top.

You can also use an annotated statute, such as The Annotated Immigration and Refugee Protection Act of Canada, which will provide commentary and case notes written by legal authorities who are experts in a field relevant to that statute.

Primary Sources: Case Law

Primary sources are the law itself; i.e., statutes and case law.

Case law is law based on precedents (the judicial decisions from previous cases), rather than legislation.

Case Law Databases

You can find federal and provincial case law in the following databases/websites:

• Lexis+ (law students only)
• Lexis Advance Quicklaw (available to all students)
• Westlaw Edge (law students only)
• CanLII  
• New Brunswick Court Index  
• New Brunswick Courts  
• New Brunswick Court Docket List   (NB Courts)

Print case reporters are in the Mackay Reading Room on the first floor and mezzanine level.

Case Digests

Along with searching the databases mentioned above, you should use a case digest to find case law. A case digest service indexes cases by topic, and each topic is broken down into several subtopics. With a case digest, you might find ten, twenty, or hundreds of cases on your research topic, saving you hours of time.

Two important case digests are the Canadian Abridgment Digests and the Canada Digest.

Canadian Abridgment Digests

• Westlaw Edge (law students only)
• In print in the reference section
• How to start your research with the Canadian Abridgment Digests (5:39)
• How to search the Canadian Abridgment Digests (4:33)

Canada Digest

• Lexis+ (law students only)
  • Click Case Summaries > All Canada Digests for a list of topics
• Lexis Advance Quicklaw (available to all students)
  • Click Case Summaries > All Canada Digests for a list of topics
• Canada Digest – Lexis Advance Quicklaw (2:09)

Case Digests: American & British

Two key American case digests are the West Key Number System and the American Law Reports Digest. The main British case digest is The Digest.

The West Key Number System

• Westlaw Edge (law students only)
  • Click the International tab, then All Westlaw US under Westlaw US, then Topics & Key Numbers (next to the key icon).

American Law Reports Digest

• Westlaw Edge (law students only)
  • Click the International tab, then All Westlaw US under Westlaw US, then type American Law Reports Digest.

The Digest (U.K.)

• In print in the reference section

Noting Up

When researching a particular case, don't forget to note it up. Noting up a case is when you find that case's history (courts it went to before and/or after, whether it was overturned or upheld on appeal, etc.) and the cases that have judicially considered it (cited it in court). This is an important part of your case law research and can help you find other cases on your topic.

To note up a case in Westlaw, hover over the Citing References tab at the top and select Cases and Decisions.

To note up a case in Lexis+, click Citing Cases on the right.

To note up a case in CanLII, use the Treatment tab at the top.