1 general autumn 2016.ppt

8/17/2019 1 General Autumn 2016.ppt

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Max Petro, Minter Ellison

The gap between legal research as

taught at universities and that

expected in the workplace

– a recent graduate’s experience.


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Legal research 1:

It costs (practitioners measure research

time in 6 minute billable units)

Most law students starting employment

end up in clerkships, or as paralegals,

doing research

eed to be comprehensi!e (search all rele!ant sources each and every time)

"


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Legal research 2:

#urrent point in time – today

#ertain point in time – when the e!ent

happened, or, when the law (legislation)

last changed, or when a rele!ant case

was decided


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earch trateg!

1) Consider relevant jurisdiction

2) What are the areas of law

involved in the question

) !ow recent are your results

" #re the sources relevant to6


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) inding the (aterial*

Identifying Agreement - Questioning the

Traditional Approach (1997 71(! LI" #1

#bbreviations* %


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Courts (ust take into account the specific characteristics of what

in relation to these contracts/

#onsumer contracting in the age o& the

digital nati!es..'*+-, eannie

Marie, #/ 0$ (1 and 0) May 02113 1405

1$2.

$cti&it!

https://search.informit.com.au/search;search=au%3D%22PATERSON,%20Jeannie%20Marie%22https://search.informit.com.au/search;search=au%3D%22PATERSON,%20Jeannie%20Marie%22https://search.informit.com.au/search;search=au%3D%22PATERSON,%20Jeannie%20Marie%22https://search.informit.com.au/search;search=au%3D%22PATERSON,%20Jeannie%20Marie%22https://search.informit.com.au/search;search=au%3D%22PATERSON,%20Jeannie%20Marie%22


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") #cade(ic writing*

!e said that when he said that it

didn0t (ake sense% he (eant it

ronouns 12


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#cade(ic writing*

!e said 3that when he said that it didn0t (ake sense%

he (eant it4!e said that when 3he said that it didn0t (ake sense4%

he (eant it

!e said that when he said that5 ,t didn0t (ake sense5

!e (eant it

$rett said that when he said that it didn0t (ake sense%11


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Truncation

runcation allows searching &or !ariations o& words3

bull retrie!es bullied, bullies, bullying but also bulletin, bullet,bullets. 7se care&ully8

9arious symbols are used depending on the database3

7 / #heck the 3!elp4 option in each database to &ind the rele!ant symbol

$ott% $ruce% Nemes and Coss’ Effective Legal Research (LexisNexis Butterworths, 4th ed, 2!" Chapter "


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&ro'imity operators 2 :s 8 of the Contracts 9eview #ct< would &ind3

?1%4@ In the course o& considering s $"(>), oohey and Aaudron Buoted the construction o& s 6o& the #ontracts +e!iew ct that was adopted by /ee in #ollins ! 'arker (upreme #ourt o&C, /ee , 11 May 1D%", unreported).

:s 8 w:1; of the Contracts 9eview #ct< would also &ind3 and the court is not precluded by s 6(0) &rom ordering relie& under the #ontracts +e!iew ct in an

appropriate case

Mr EordFs de&ence under the #ontracts +e!iew ct &ailed by reason o&

s 6(0) o& the ct

Auaranteering omeone *lseFs =ebts G (0221) 10(>) HE/' 1%1

/egislation considered by this article #onsumer #redit #ode s $2 #ontracts +e!iew ct 1D%2(C) s 12, s ", s 6 , s D Eair rading ct 1D%$ (C) s "> rade 'ractices ct 1D$"


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)ro$se* + ,earch*

he ury is still out8

#ontext ! #ontent

*&&iciency ! peed

Juality ! Juantity #ost3 Kow much, and, who paysL


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)ro$se + ,earch

his is a great topic and one that possibly isnFt discussed o&ten enough.*!eryone approaches their research di&&erently, but personally, Iregularly direct my clients to browse indexes o& key commentary works.his is where the di&&erence in Buality indexes between maor legalpublishes really makes a di&&erence to the Buality o& research andthere&ore mine (and clients) pre&erences towards databases.

In particular, practitioners are o&ten approaching these resources at thebeginning o& their research ourney, and sometimes in areas o& law thatthey are not highly &amiliar with, there&ore, staring at an empty searchbox, hoping to punch in a &ew words (and trying to think o& what thosewords should be, let alone synonyms etc) must be Buite daunting.

I am in &a!our o& databases that are now introducing more &ilteringoptions, but would still pre&er an amaing index o!er an empty search&ield any day


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lectronic data.ases for Australian

resources: Cestlaw 7 (homson +euters)

/exisexis 7

Intelliconnect (##K -nline)

AI, #I#K, 'E, E'=

ust/II /aw ournals #ollection


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lectronic su.scription data.ases for

o+erseas material: homson +euters Cestlaw

/exis.com

Kein5-n5line

/egaltrac


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/ree online resources

ust/II

Corld/II

/aw #ommons N /aw +e!iew #ommons Aoogle cholar

+

ade Harnet /aw ociety o& C

#orporate /aw Eirms


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La$ firms and free resources: !erbert ing ? Wood @allesons = Aideos http*::www5(allesons5co(:

#llens +inklaters = Bewsletters http*::www5allens5co(5au:/gclid.C>y@kbj!r&CDl+pgod8C'#,&

Carroll ? E0Fea +awyers = ublications http*::www5codea5co(5au:ublications5aspx

@inter Gllison = roducts http*::www5(interellison5co(:

+aw


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La$ apps: #ust+,, 6ihone:iod Touch) earch and browse the ust/II databases &or

ustralian cases and legislation. Eree app.

CC! ,nco(e Tax 9ates Calculator 6ihone:iod Touch:iad) #alculate your

income tax. Eree app.

CC! Tax 9ates ? Thresholds Huide 6ihone:iod Touch:iad) llows you to

calculate estimated Income ax based on key criteria. 'aid app.

Constitution of #ustralia 6ihone:iod Touch:iad) earch the #onstitutionand link to cases on ust/II. Eree app.

!einEnline 6ihone:iod Touch:iad) Hrowse or search Kein-nline. Includes

the ability to !iew '=E. Eree app.


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Le'is'press

/egal*xpress is a current awareness ser!ice that is

o&&ered &ree to /exisexis customers... Oou can select

one or more o& the >0 legal topics a!ailable to recei!e a

daily email containing editorially written summaries on

the latest case and legislati!e de!elopments. Oou thenha!e the option to click &rom the email summary to the

/egal*xpress website to read more.

Oou can also !isit the website directly anytime and

anywhere on your computer or smart media de!ice. he

/egal *xpress website has direct links to #aseHase and

/awow and contains a >2 day archi!e.


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9esearch &uestion*

In the context o& at least one example (but no more than

two examples) o& ser!ices pro!ided in the Psharing;access

economy’ (such as irbnb or 7berQ), when is a contractfor(ed between the custo(er and the person

providing such a service/

In answering this research Buestion, your essay must

discuss3 R the general contract law principles &or o&&er and

acceptance, including &or online contracts and contracts

created !ia a smartphone appS

R the process and procedures through which the customer

and the person pro!iding the ser!ice interactS and

R when in that process an en&orceable contract is &ormed.


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,ample article:

I3 hould the practical bene&it principle

extend to contract &ormationL 73AI#'+-, Mark

-37+/I H7I* /C

+*9I*CS "0 (4) -ctober 021"3 >%D5>D%

https://search.informit.com.au/search;search=au%3D%22GIANCASPRO,%20Mark%22https://search.informit.com.au/search;search=au%3D%22GIANCASPRO,%20Mark%22


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A.stract: ustralian go!ernment re!iew o& law o&

contract 5 aim to identi&y aspects o&

&ramework not conduci!e to its e&&icient

and e&&ecti!e operation &or business andconsumers 5 examination o& whether

practical bene&it principle should apply

not only to contract !ariations but also

contract &ormation.


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Additional information: #ases cited3 /egislation cited3 Index terms3

#*3inyow ! /ee ?0226@ C# %2Cilliams ! +o&&ey Hros and icholls(#ontractors) /td (1DD1) 1 JH 1

73#-+#

h l


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Thomson eutersestla$


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1 general autumn 2016.ppt

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