CHAPTER 17 the benefits are diluted if you look at
your sources which are out of date.
ORGANIZING RESEARCH PROJECTS & PRESENTING RESULTS If searching for secondary sources 1. Comments on the Research Process online: Avoid printing out lengthy documents 1.1 Defining the Issue(s) and Focusing which may prove to be marginally Your Research useful Try natural language searching first When searching for mandatory if you are not familiar with the jargon authority, define your issue fairly and Use appropriate date and title field / broadly. Your goal should be to find segment restrictions to cut down on every case in your jurisdiction that is the volume of the search results relevant to the issue. Remember that lengthy secondary sources may be easier to browse in Use a broad definition to define print format relevancy – analogize from your facts to similar fact patterns. Remember that the most important use of secondary sources is to speed up the The issue may not be firmly decided process of locating, and enhancing the in your jurisdiction or the prevailing understanding of the primary source trend among the jurisdictions may be materials which are the objective your changing from the status quo in your research effort. jurisdiction.
Your research should include a 1.3 Combining Print and Electronic
search for persuasive authority Research Techniques. Computerized legal research Find enough cases in other services such as Lexis and Westlaw jurisdictions to understand what the are extremely valuable tools. The trends are across the country, or to number of legal sources available on urge that a particular reasoning be the Internet continues to grow at a adopted by your jurisdiction. rapid rate and this is an area that will bear watching as improvements in Use a strict definition to determine the various search engines and relevancy and look for cases more access occur. nearly on point with your facts. Even though the full text legal Read cases from your jurisdiction systems have been available for so that do not favor your client’s side as many years, students, faculty and well as ones that favor your client’s attorneys still make heavy use of the position. print sources. Some of this relates to differing comfort levels in reading You cannot ignore the latter; you lengthy documents online. must figure out a way to deal with As has been stressed from the them, for example, by distinguishing beginning, searching for primary the facts. sources, either using print indexes or searching in online case or statute 1.2 Focusing Your Search for Secondary databases without a basic Authorities. understanding of the terminology Make sure the secondary sources can waste valuable time. you consult are as up to date as you can find. Both the background In general, unless one finds a information and the citation finding specific statutory cite in secondary sources, it is often easier to locate statutes in print indexes than in research. List both the tools you online databases. intend to use and the index terms/ searches you will initially use to search them. Whether print digests or full text databases are more efficient for Your research plan should begin by locating case law varies from building on what you already know problem to problem. about the problem or the sources of which you may already be aware. If online research is available, validating cases to make sure they When approaching a research tool, are still good law is almost always spend a few minutes examining its more efficient online than in print. structure so that you can use it most efficiently.
In addition to the tremendous Develop a system for recording your
potential for waste, professors find research process and product. You that students who print large can make your original research volumes of material often are plan the blueprint, for your research overwhelmed. Spending a few log. For each tool you consult, be minutes online identifying the careful to record: relevant documents as opposed to o The date you consulted it printing randomly is well worth it. o Whether you looked at Both systems allow printing of pocket parts or supplements selected pages of documents and and their respective dates this is often more efficient than o What subject headings or printing entire sources. searches you used, and o What you found. If you found 1.4 The 15 Minute Rule. nothing, record that, so that Do not spend more than about 15 you will know that you minutes in an index or database in consulted the tool. which you are not finding anything. Go on to another source and if you Do not be frustrated if you find yourself need to come back to the first returning to tools already consulted source later when you have a better earlier in the process. sense of what you may be looking for or different research vocabulary Read the sources you locate as you go to work with. Keep an accurate along. research log and be flexible. Be certain that you record all the 2. Strategies For Organizing Research information you will need to properly cite Projects the primary sources you are using. Carefully read or review the facts Validate cases early in the process. upon which your problem is based Once you have determined that a case before you begin. Make sure you is relevant and/or important, use citation can articulate some version of the tools to verify its precedential status. issue(s) at the outset, although your version of the issue(s) may evolve If your research involves multiple issues as the research progresses. at some point you will need to organize your research log accordingly. Create a research plan and record it, possibly in checklist format. This plan may change or evolve as you work, but it can still provide guidance and a checklist for complete 3. Tips for Developing Research 4.1.2 Have I used good professional Organization Skills judgement and logic in reaching an answer? 3.1 Carefully read or review the facts upon which your problem is based before you 4.1.3 Have I been thorough in my begin. research? 3.2 Formulate issue(s) and research vocabulary before starting to look at 4.1.4 Have I completed the project sources. within the time allotted to me or 3.3 Develop and record a research plan. prior to the end of the allotted 3.4 Your research plan should begin by time, have I communicated with building upon what you already know my supervisor for an extension of about the problem. the deadline to allow me to be 3.5 When approaching a research tool, thorough or to revise the project? spend a few minutes examining its content and structure so that you can use 4.1.5 Have I plotted out the structure of it most efficiently and so you know it is my presentation? appropriate for your needs. 3.6 Develop a system for recording your research process and product. Typically, you are reporting to busy people 3.7 Carefully record all information pertinent who want refined conclusions, not rough to your research. Include dates checked facts and not a recital of your hunt in and index/search terms used. Also chronological order. include information essential for correct Be prepared to be interrupted with citation form. questions. You will have to give this 3.8 Read the sources as you go along. presentation as a dialogue: some of those 3.9 Validate cases (using citation tools) early questions will be directed to the issue you in the process. are presenting at that moment, and others 3.10 Begin plugging authorities into your may be related to matters you intend to topic outline as you go along. cover later in the discussion. Finally, never forget that the way in which you communicate orally to a supervisor, a 4. Presenting Research Results to a judge or a client, conveys not only your Supervisor knowledge and intellectual capacity, but also empathy and trustworthiness. The most basic of all lawyer’s communication to a supervisor is the oral report: a description of what you have found CHAPTER 18 through research, investigation or analysis. Distilling the essence of your research and LEGAL BIBLIOGRAPHY analysis in an oral report –
The goal is a thorough, complete and timely 1. Legal Bibliography
response to the problem. What your 1.1 Bibliography. supervisor will evaluate you on is your ability Bibliography (from Greek: bibliographia; to express the best answer to the issues lit. book writing) in its most general presented to you, based upon accurate sense is the study and description of research and the client you represent, in an books. It can be divided into organized, clear and concise manner. enumerative or systematic bibliography, which results in an overview of 4.1 Questions to ask yourself before publications in a particular category, and presenting your results to a supervisor: analytical or critical bibliography, which studies the production of books. 4.1.1 Have I responded to the problem presented to me? 1.2 Legal Bibliography. brief (usually about 150 words) descriptive Is the science that deals with the and evaluative paragraph, the annotation. description of law books and other legal materials. 2.2 Parts of Annotated Bibliography. Annotations may consist of all or part of the 1.3 Kinds of Bibliography. According to following list of items, depending on the Belanger (2003), the two main sorts of purpose of the bibliography: bibliography are: a. Describe the content (focus) of the 1.3.1 Enumerative Bibliography: the item listing of books according to b. Describe the usefulness of the item some system or reference plan, c. Discuss any limitations that the item for example by author, by may have e.g. grade level, subject, or by date. The timeliness etc.; implication is that the listings will d. Describe what audience the item is be short, usually providing only intended for; the author’s name, the book’s e. Evaluate the methods (research) title, and date and place of used in the item publication. It attempts to record f. Evaluate the reliability of the item and list, rather than to describe g. Discuss the author’s background minutely. h. Discuss any conclusions the 1.3.2 Analytical Bibliography: the author(s) may have made study of books as physical i. Describe your reaction to the item objects; the details of their production, the effects of the 2.3 Purpose of an Annotated method of manufacture on the Bibliography. Depending on the assignment the text. annotated bibliography may serve a number of purposes. Including but not limited to 1.4 Enumerative Bibliography. A a. review of the literature on a particular bibliography is a list, either indicative or subject; comprehensive, of works and can b. illustrate the quality of research that you contain no more than source in any have done given singular bibliography: author, c. provide examples of the types of sources subject, period published, mentioned in, available or relevant to, a particular work. d. describe other items on a topic that may be of interest to the reader 1.5 Analytical Bibliography. The critical e. explore the subject for the further research study of bibliography is subdivided into descriptive, historical, and textual 2.4 Annotations vs. Abstracts bibliography. Descriptive Bibliography is the close Abstracts - are the purely descriptive examination of a book as a physical object, summaries often found at the beginning of recording its size, format, binding, and so scholarly journal articles or in periodical on, while Historical Bibliography takes a indexes. broader view of printing and publishing. Textual Bibliography is another name for Annotations - are descriptive and critical; textual criticism. they expose the author’s point of view, clarity and appropriateness of expression 2. Annotated Bibliography and authority.
2.1 Annotated Bibliography. Is a 2.5 The Process of Annotation
bibliography that gives a summary of the Creating an annotated bibliography calls for research that has been done. It is still an the application of a variety of intellectual alphabetical list of research sources. It also skills: concise exposition, succinct analysis, provides a brief summary or annotation. It is and informed library research. a list of citations to books, articles and - First, locate and record citations to documents. Each citation is followed by a books, periodicals and documents that may contain useful information and ideas on your topic. - Briefly examine and review the actual items. Then choose those works that provide a variety of perspectives on your topic. - Cite the book, article, or document using the appropriate style. - Write a concise annotation that summarizes the central theme and scope of the book or article. - Include one or more sentences that a. Evaluate the authority or background of the author b. Comment on the intended audience c. Compare or contrast this work with another you have cited d. Explain how this work illuminates your bibliography topic.
2.6 Sample Annotated Bibliography
sample annotated bibliography entry for a journal article. The following examples uses the American Psychological Association (APA) format for the journal citation. NOTE: APA requires double spacing within citations 3. Philippine Legal Bibliography Milagros Santos-Ong, the Director of Library Services for the Supreme Court of the Philippines, is the author of “Philippine Legal Materials”, published in May 2006 and it can be accessed in the website of Hauser Global Law School Program www.nyulawglobal.org/globalex/Philippines1.htm. The publication contains vast information about Philippine Legal Materials.
Another publication that is very interesting is the
book of Fortunato Gupit and Daniel Martinez entitled “A Guide to Philippine Legal Materials”. This book is a text on Philippine legal bibliography, Philippine legal history, Philippine legal system, legal philosophy and methods of legal research.