Preparing for and Performing Research

• Author: Arlene Blatt/JoAnn Kurtz
• Pages: 85-95

85

6

Preparing for and

Performing Research

Learning Outcomes

After reading this chapter, you will understand:

• What binding law and persuasive law are

• The importance of binding case law for legal

researchers

• The chain of appeal in Canada that creates binding

case law

• How binding case law and the chain of appeal work

in the Ontario court system

• The practical steps involved in starting research—

orienting yourself in the law, finding and updating

the primary sources of law, and taking notes

• How to apply found law to the fact situation

Introduction 86

Binding Law and Persuasive Law 86

Binding Statutes and Regulations 86

Binding Case Law 86

Persuasive Case Law 87

Binding Case Law and the Chain of Appeal in

Canada: A General Overview 87

Binding Case Law and the Chain of Appeal in

Ontario 89

Practical Preparations for Research 92

Orient Yourself in the Law 92

Find the Primary Sources of Law 93

Update the Primary Sources of Law 93

Take Notes 93

Applying Found Law to the Fact Situation 94

Review Your Analysis of the Fact Situation 94

If Necessary, Research the Subject Again 94

A Note About Print Sources Versus Online

Sources 94

Key Terms 95

Exercise 95

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