legalresearch-case sources.ppt

8/14/2019 legalresearch-case sources.ppt

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Legal Research

Javier, Sandoval, Teehankee,

Temprosa, Tiu


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I. Classes of Books


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Primary Authority

Consists of the Law

itself

Cited first and aremandatory authorities

Ex: Philippine

Reports, Official

Gazette, 1987Constitution,


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Secondary Authority

Case or statutory law

is restated, criticized,

commented,interpreted, or added

with personal opinion

or view

Ex: Bernas 1987

Consti book, SCRA,

Law Dictionaries,Legal Digests,

Periodicals,

Restatement of the law


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Search Books

Gives directions where

to find the authorities,

whether primary orsecondary

Ex: Indexes, Lex

Libris, Phil Juris


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II. Classes of Law Books


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Case Law

Cases decided by people performing

judicial decisions

Considered part of the law of the land under

the doctrine of stare decisis or adherence

to judicial precedents


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Parts of a Case

Docket Number and Date of Promulgation

Title of the case

Syllabi/ headnotes

Court a quo where case originated

Names of counsels

Brief statement of the nature of the case Statement of the facts

Issues


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Parts of a Case (cont.)

Arguments of the parties in the opinion of

the court

Decision determining the rights of the

parties

Judgment/formal order


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Governing Principles

Stare Decisis

- legal principles laid

down in a case whichmust be followed in allsubsequent cases

bearing the sameissues

- LIMITATION:circumstances changedto warrant a reversal

Ratio Decidendi

- reason for the

decision


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Statutory Law

Enactments of legislative departments as

well as rules and regulations which have the

force and effect of law

Ex: New Civil Code


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Parts of a Statute

Title

Preamble

Enacting Clause

Body

Date of Effectivity


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Case Law Books

A.) Case Source

1. Supreme Court Rulings

a. SCAD

b. Official Gazette

c. Philippine Reportsd. SCRA

2. Court of Appeals


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SCAD

Available monthly by subscription from the

Court Reporter

Shows the G.R. no., Title, Ponente and

division

Source: Office of the Reporter Publication

and Circulation Division


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Official Gazette

Official publication of the Government

Important for date of promulgation of case

be known

With index-digest of reported cases

Alphabetically by subject matter

History


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Philippine Reports

When there are 750 pages published in the

OG, it is published in the Philippine Reports


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SCRA

Published by the Central Lawbook

Publishing Company and Central Book

Supply, Inc. From 1961- present


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Court of Appeals

OG

Court of Appeals Reports

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