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Full leg res HW

Full leg res HW

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Published by: arksters on Sep 08, 2011
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04/14/2012

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 CHAPTER 1AN INTRODUCTION TO LEGAL RESEARCH
Legal research is the process of identifying and retrieving the law-related informationnecessary to support legal decision-making. In its broadest sense, legal research includes eachstep of a course of action that begins with an analysis of the facts of a problem and concludeswith the application and communication of the results of the investigation.Many types of information are needed to support legal decision
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making. Although thisbook focuses on information sources that are concerned explicitly with law, legal decisionscannot be made out of their economic, social, historical, and political contexts. Today, legaldecisions often involve business, scientific, medical, psychological and technologicalinformation. Consequently, the process of legal research often involves investigation into otherrelevant disciplines.This chapter, an introduction to legal research explains why researchers seek certaintypes of information. This chapter explains the basic jurisprudential model upon which legalresources are designed, created, and collected, and introduces materials that are covered morecomprehensively in the subsequent chapters.
SECTION A. SOURCES OF LAW
There are two primary sources of the law:
 
Statutes or statutory law - Statutes are defined as the written enactment of the will of  the legislative branch of the government rendered authentic by certain prescribed forms or solemnities are more also known as enactment of congress. Generally they consist of two types, the Constitution and legislative enactments.
 
In the Philippines, statutory law includes constitutions, treaties, statutes proper orlegislative enactments, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules and presidential issuance.
 
 Jurisprudence - or case law - are cases decided or written opinion by courts and by persons performing judicial functions. Also included are all rulings in administrative and legislative tribunals such as decisions made by the Presidential or Senate or House Electoral Tribunals. Only decisions of the House of Representatives Electoral Tribunal are printed as House of Representatives Electoral Tribunal Reports, volume 1 (January 28, 1988-October 3, 1990) to present. They will be available electronically at the Supreme Court E-Library.
 
 For Muslim law, the primary source of Shariah are Quran, Sunnaqh, Ijma and Qiyas. Jainal D. Razul in his book Commentaries and Jurisprudence on the Muslin Law of the Philippines (1984)
 
 It is important for legal research experts to know the source where the materials were taken. One has to determine whether they came from primary (official) sources or secondary(unofficial sources).
 
 Primary sources "are those published by the issuing agency itself or the official  repository, the Official Gazette. Thus for Republic Acts and other "laws" or statutes, the primary sources are the Official Gazette published by the National Printing Office and the Laws and Resolutions published by Congress. For Supreme Court decisions, the primary sources are the Philippine Reports, the individually mimeographed Advance Supreme Court decisions and the Official Gazette. Publication of Supreme Court decisions in the Official Gazette is selective. Complete court reports for Supreme Court decisions is the Philippine Reports.
 
The Secondary Sources are the unofficial sources and generally refer to those commercially published or those that are not published by government agencies orinstrumentalities. Vital Legal Documents contains a compilation of Presidential Decrees(1973) to the present Republic Acts, published by Central Book Supply. Sulpicio Guevara
 
 published a compilation of all laws from 1901 to 1935 entitled Public Laws Annotated (7 vols.) and a compilation of laws from 1935-1945 entitled Commonwealth Acts Annotated (3vos.).Guevara has also published The Laws of the First Philippine Republic (The Laws of Malolos)1898-1899. For the Supreme Court decisions, Supreme Court Reports Annotated (SCRA), a secondary source, published by the Central Book Supply is more popular and updated than the Philippine Reports. In the absence of a primary source, the secondary source may be cited.
 
With the advent of the new information technology, electronic or digitized sources are popular sources of legal information for the following reasons: a) updated legal informationis readily available and b) the search engines used facilitate research. These electronic sources are in the forms of CD ROMS, online or virtual libraries, or the websites of theissuing government agency of instrumentality.
 
 In the Philippines, the problem is how to classify sources published in the newspapers.Since 1987, based on the definition of primary and secondary source, they may be considered  as primary sources pursuant to Executive Order No. 200, s. 1987 which provides that laws become effective fifteen (15) days after publication in the Official Gazette or in two newspapers of general circulation. In case of conflict between the two versions, the version of  the Official Gazette holds. In finding the law, our ultimate goal is to locate mandatory primary authorities which have bearing on the legal problem at hand. If these authorities are scarce or nonexistent, our next alternative is to find any relevant persuasive mandatory authority. If our search is still  negative, the next alternative might be secondary authorities. There are however instanceswhere the secondary authorities, more particularly the commentaries made by experts of the field, take precedence over the persuasive mandatory authorities. With the availability of both,using both sources is highly recommended.
 
1. The Nature of Legal Authority

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