Course Outline Leg Research.docx

ATENEO DE DAVAO UNIVERSITY COLLEGE OF LAW LEGAL RESEARCH ANGELI NESS P. CASADOR Instructor, 1st Sem., S.Y. 2016-2017

COURSE OUTLINE I.

INTRODUCTION Definition of Legal Research Necessity of Legal Research Sources of Legal Research

II.

BRIEF INTRODUCTION TO LAW; SOURCES OF LAW Definition of Law and other related concepts; Characteristics of Law; Effectivity of Law Classification of Law o Natural Law 1. Physical Law 2. Moral Law 3. Divine Law o Positive Law 1. Public/Constitutional Law 2. Administrative Law 3. International Law 4. Private Law Sources of Law o By Authority 1. Primary Authority 2. Secondary Authority o By Source 1. Primary Sources 2. Secondary Sources o By Character 1. Statute Law Books 2. Case Law Books 3. Law Finders/Finding Tools World’s Legal System o Roman Law o Common Law o Mohammedan Law

III.

CASE LAW Judicial System o Trial Courts of Limited Jurisdiction o Trial Courts of General Jurisdiction o Appellate Court

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o The Court of Last Resort Decisions Proper Subordinate Decision The Doctrine of Precedent Stare Decisis and Res Judicata Reversal v. Overruling Ratio decidendi v. Obiter Dictum Binding v. Persuasive Authority Form of Decisions Case Law Materials Research of Case Laws IV.

CASE BRIEFING AND SYNTHESIS OF CASES Facts Issue/s Ruling/Holding

V.

STATUTORY LAW Brief review on the Philippine Government Structure/Legal System o Executive o Legislative o Judiciary (Hierarchy of courts) o Constitutional Commissions o Local Governments o Other Government Agencies Constitution Treaties and International Agreements Statutes Enacted by the Legislature Administrative Rules and Regulations Ordinances (Autonomous Regions and Local Government Units) Research of Statutory Law

VI.

LEGAL RESEARCH PROCESS Systematic Approach to Legal Research o Identify and analyze the significant facts; TARP rule o Formulate the legal issues to be researched o Research the issues presented o Update

VII.

LEGAL CITATIONS System of citations, based on the Philippine Manual of Legal Citations, as well as the Uniform System of Citation prepared by the Columbia Law Review, Harvard Law Review Association, The University of Pennsylvania Law Review and The Yale Law Review

VIII. ETHICAL CONSIDERATIONS IN LEGAL RESEARCH Code of Professional Responsibility

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Jurisprudence on Plagiarism

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