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Legal research and writing

This guide provides an introduction to legal research and writing for law students.

About judicial treatment

Judicial treatment refers to what subsequent court decisions have said about a particular case.  It also refers to what cases have said about statutes or sections of a statute.

Research is not complete until the researcher looks at judicial treatment of the case or statute provision.

Searching for judicial consideration of a case or statute is called "noting up."

Noting-up Case Law includes: 

  1. Looking at the case history to see if it is still good law: appeal treatment of the case
  2. Looking at judicial treatment: If subsequent judges have commented on, followed or not followed the case

Noting-up Statutes includes: 

  1. Reviewing currency of the statute: do you need the most current version of the statute or specific section?
  2. Judicial consideration: how have cases interpreted sections of a statute. 

Noting up Case Law

Noting-up Online: 
Noting-up in print

Noting up Statutes

Noting-up online
Noting-up in Print

Noting-up in print is necessary when looking at earlier statutes (prior revisions or historical annual statutes).  Online noting-up only covers acts from RSBC 1996 and RSC 1985. 

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