LEGAL RESEARCH

Course Syllabus

Overview of the Philippine Political System

The Philippine Constitution
The Philippine State
The Philippine National Territory
The Philippine Government
National Symbols
Overview of the Philippine Legislative System
History of the Philippine Legislation
Pre- Spanish Period
Spanish Period
The Period of the Philippine Revolution
The American Period
The Commonwealth Period
The Japanese Period
The Period After Independence
The Martial Law Period
Aquinos Revolutionary Government
Period under the 1987 Constitution
Statutes Enacted by the Legislative Bodies of the Philippines
The Legislative Process
Overview of the Philippine Judicial System
History of the Supreme Court
The Judicial System at Present
Trial Courts of Limited Jurisdiction
Trial Courts of General Jurisdiction
The Intermediate Appellate Court
The Court of Last Resort
Hierarchy of Courts
Introduction of Laws
Law and its Kinds
Philosophy of law
Sources of Philippine Laws
Precedence and Hierarchy of Philippine Law
Civil Law and Common Law System
Statutory vs. Case Law
Private vs. Public Law
Civil vs Criminal Law
Substantive vs Procedural

Introduction to Legal Research

Definition of Legal Research

Purpose of Legal Research
Legal Authorities
Types of Legal Authorities
Sources of Legal Authorities
Forms of Legal Information

Constitutional and Statutory Research

Constitutional Law Research

Constitutional Research via the Internet
Statutes
Primary and Secondary Statutory Authorities
Terms Used in Legislation
Effect and Application of Laws
Anatomy of Statutes
Statutory Research via the Internet
General Principles of Statutory Constructions and Interpretations
Summary of Statutes in the Philippines

Legislative History Research

Sources and Types of Legislative History Documents

Researching Legislative History

Case Law Research

Case Law
Decisions Proper
Subordinate Decisions
The Doctrine of Precedent
Stare Decisis and Res Judicata
Reversal and Overruling
Ratio Decidendi and Obiter Dictum
Binding and Persuasive Authority
Anatomy of Cases
Publication of Cases
Case Law Citation
Case Law Materials
Case Law Research Technique

Treaties and Administrative Law Research

Research on Treaties and other International Agreements
Agencies with implied quasi-legislative powers
Agencies with express quasi-legislative powers
Administrative Rules and Regulations Research
Strategies for researching administrative materials
Using loose leaf services
Publication on administrative rules and regulations
Computer-Assisted Legal Research
Strategies for Internet Research
Secondary Sources Research
Secondary Legal Authorities
Law Laboratory
Law Libraries
Types of Law Libraries
Using Law Libraries
Basic Legal Citation
Purpose of Legal Citation
Citation Principles
Citation Rules
Citing Constructions
Citing Statutes and Similar materials
Citing administrative materials
Citing court decisions
Citing foreign legal materials
Repeating Citations
The Legal Research Process
TARP
Legal Research steps as adapted from Thurgood Marshall Law Library
Case Brief and Memorandum
Importance of Legal Memorandum
Elements of Legal Memorandum
Anatomy of Legal Memorandum
Preparing a legal Memorandum
Case Briefing
Facts
Issue
Ruling
Case Synthesis