Cambridge OnLine Research Course
This course is currently being upgraded and will be available shortly.
A free online course on how to use the Internet to research Legal English questions
By TransLegal and Cambridge University Press
These online tasks are an extension of the International Legal English coursebook published by Cambridge University Press.
The tasks present a number of authentic language problems encountered by legal professionals, and provide strategies that exploit online reference tools and search engines to find solutions to these problems. In this way they encourage the development of autonomous learning and research skills that will be immensely useful both to the professional at work and to the law student in their studies.
Each task consists of:
- an outline of a work-related problem leading to a task
- a guided research strategy using Internet research resources
- a key to compare research results against proposed answers
The practice of law
Lawyers frequently encounter terms from languages they do not speak. Being able to find out what a foreign language term means may help in identifying a legal problem, advising a client or planning a legal strategy.
Learning SynopsisThis exercise introduces the use of search engines in understanding foreign language legal terms and explains how to find the relevant pages in English.
ExerciseYou are assisting a litigation partner at your law firm in an international arbitration i [...]
Company formation and management
The ability to use search engines effectively is an essential skill in carrying out online legal research.
Learning SynopsisThis exercise examines the use of the advanced features in Google.
ExerciseAn attorney in your working group has just been contacted by one of your firm's clients, a multinational computer hardware and software company which maintains its headquarters in your country. The client was in the process of expanding its consulting and logistics operations in the [...]
Capitalisation
Lawyers rely a great deal on accuracy of language and often require a precise, well-
structured description of a legal term or concept in their communications, pleadings, negotiating positions, etc. The Internet can be helpful when seeking accurate definitions.
Search engines can be used to find definitions of words, but the results generated may require careful comparison. A good online dictionary, specific to your needs, can be a very useful tool.
Learning SynopsisThis exercise a [...]
Fundamental changes in a company
A lawyer’s work often involves factual research regarding clients, opposing parties and circumstances. For example, factual research concerning an industry may be necessary for contractual “gap filling” - interpreting an ambiguous term in a contract. Understanding the facts underlying an industrial accident will be necessary to help determine if a client is liable for damages. Gathering facts about a company will also be essential if it is the target of a purchase by your client. Is the co [...]
Fundamental changes in a company
Contract formation
The widespread use of word processing technology has allowed law firms to organise precedents carefully for quick retrieval. In addition, the Internet has made it possible to benefit from the collective research of countless other lawyers who have made their work product available online. This digitised, intellectual capital is an invaluable and time-saving source for lawyers.
Learning SynopsisThis exercise examines how to acquire English language legal forms and model documents usin [...]
Remedies
It is often necessary to understand foreign language terms and legal concepts when advising clients in cross-border dealings. This requires special strategies for thorough and in-depth research.
Learning SynopsisThis exercise uses clustering search engines to find out about foreign legal concepts.
ExerciseYour client is a large European reinsurance company. The client specialises in reinsuring policies issued for professional malpractice liability, e.g. medical malpractice insuran [...]
Assignment and third-party rights
The practice of law across borders frequently requires the application of supra-national law. A client matter may require the examination of international treaties, an understanding of the rules and regulations of international organisations, or the analysis of provisions applied by international enforcement authorities. This is particularly true where goods and services are supplied across national boundaries, or where business dealings involve parties from different jurisdictions.
Internati [...]
Employment law
Lawyers frequently represent and market their firms and expertise in venues outside the office or courtroom, such as law conventions, university lecture halls and hearings before governmental authorities. When requested to present or report on developments in law, it is useful to be able to obtain a quick overview of the subject and its related issues.
Learning SynopsisThis exercise uses meta-search engines to research legal concepts in English.
ExerciseYour firm has been requeste [...]
Sale of goods
Traditional search engines often require a lawyer to filter through large quantities of irrelevant data. Visual search engines can help the researcher by clustering hits around various topics related to the search query.
Learning SynopsisThis exercise introduces visual search engines for performing legal English research online.
ExerciseYour firm represents a multi-national engineering company, headquartered in Sydney. A dispute has arisen involving the construction of electricity [...]
Real property law
Search engines are very effective tools for conducting online research. However, due to language ambiguities and the manner in which search engines seek out information on the Internet, significant information may be missed.
Some areas of online knowledge have been carefully catalogued by means of conscious human effort rather than indiscriminately compiled by web crawlers based on the number of links to related sites or popularity of hits. Such ‘directories’ often include authoritative col [...]
Intellectual property
When researching the law, a lawyer must identify both the terminology associated with a particular legal concept and the correct term for the concept itself.
For example, it is easier to research the types of contracts which English law states must be in writing when you know that the rule governing such contracts is called the Statute of Frauds.
Using basic and more advanced Internet search techniques, it is possible to identify the correct terminology of legal English, to break a concept [...]
Negotiable instruments
A lawyer’s time is often scarce. In order to make the best possible use of it, it is important that lawyers keep detailed records of useful and up-to-date sources of information and research, both online and offline. Using the bookmark function of your web browser is one way to make sure you don’t lose track of such sources, but there are other ways too – all of which can help make research more efficient, up-to-date and accurate.
Learning SynopsisThis exercise develops strateg [...]
Secured transactions
Advice provided by attorneys must be based on reliable and authoritative sources. Advising a client, opposing legal claims made by opposing parties, and successfully negotiating in the best interests of your client require careful consideration of sources. Is the regulation you are relying upon from an official publication? Is the scholarly material authored by a source recognized in your jurisdiction? Is a translation of a legal document accurate?
Although the Internet provides a wealth of i [...]
Debtor - creditor
A combination of research skills, the ability to identify and use reliable resources, and experience enhances the chances of success in performing sophisticated legal language research on the Internet.
Learning SynopsisThis exercise highlights and illustrates the advantages of using combined research techniques to solve complicated legal English problems.
Exercise
A call has been directed to you by your law firm's reception desk. There is an American attorney on the phone who nee [...]
Competition law
Continuing education and training are essential in order to provide clients with up-to-date information and accurate legal advice, as well as to maintain a competitive position in the marketplace. Language skills, too, are essential. As English is the lingua franca of international commerce, improving and updating legal English skills is of crucial importance.
Several strategies are available to improve and update your legal English knowledge in both general and specific areas of commercial l [...]
The practice of law (solution)
RESEARCH STRATEGY
1) What, if anything, do the rules of the Arbitration Institute say about choosing a third arbitrator?
Using the Google search engine (www.google.com), enter the following search query:
Stockholm chamber of commerce
Find the following link on the first results page: The SCC Institute - Arbitration Institute of the Stockholm Chamber ... .
Clicking on the relevant link takes you to the English version of the homepage of the Arbitration Institute's web site. At the top of t [...]
Company formation and management (solution)
RESEARCH STRATEGY
1) What is the difference between a limited liability company and a professional limited liability company?
One of the quickest ways of finding out more about the two different company forms is to use the define: feature of Google, as demonstrated above. However, you may find more detailed information by trying one or more of the following search strategies.
Use the Google search engine (www.google.com) to compare the results of the following two search queries:
limited l [...]
Capitalisation (solution)
RESEARCH STRATEGY
1) In order to prepare the memo, you will need to find out whether your client will be protected as a secured creditor. To answer the question, find out:
a) Is a debenture in the UK the same as in the US?
b) Will the client be protected as a secured creditor in both countries?
An alternative to simply using search engines alone is to use online dictionaries and glossaries.
Online Legal Dictionaries
Using the Google search engine, enter the following search query:
l [...]
Fundamental changes in a company (solution)
RESEARCH STRATEGY
1) Compile a list of sources of information which could be used to quickly research North American companies. Outline the kind of information that can be found from each of these sources.
Company website
A good starting point for obtaining information about a company, and the English vocabulary used to describe its operations and industry, is the company's own website.
Type the following search query into Lycos (www.lycos.com):
knight ridder
Among the first few hit [...]
Contract formation (solution)
RESEARCH STRATEGY
1) Use the Internet to find an example of each of the following documents:
• an agreement to sell/purchase a business;
• an agreement of merger and plan of reorganisation;
• a consumer loan agreement.
Simple open web search: specific agreement type
Standard open web search strategies (searches which look for information freely available on the web) are excellent for uncovering a wealth of information in broad areas of research such as this one. Google is often t [...]
Remedies (solution)
RESEARCH STRATEGY
When searching for multiple concepts such as punitive damages, professional liability, and reinsurance, search results presented in a linear list (such as with Google) might not be helpful. Instead, the clustering of concepts (the grouping of related ideas) can make your research more effective. Clustering search engines arrange search results into groups around a common theme, in this case punitive damages. These types of searches are very useful when exploring a topic for [...]
Assignment and third-party rights (solution)
RESEARCH STRATEGY
1) Prepare a brief overview of EU import regulations regarding genetically modified products.
Standard search engine techniques
Using a carefully formulated search query to research a broad topic such as genetically modified products within the EU may be a good general starting point.
Using the Google search engine (www.google.com), enter the following search query:
genetically modified seeds EU
This intuitive search query would seem a good combination of keywords for [...]
Employment law (solution)
RESEARCH STRATEGY
1) Locate and outline the topics to be covered in a presentation in English on the subject of Employment law. The presentation should include a comparison of recent developments in UK and US jurisdictions with reference to some or all of the following:
• written statements of terms/employment contracts;
• sex and race discrimination;
• redundancy;
• minimum notice periods;
• wrongful and/or unfair dismissal;
• employment tribunals;
• future developments. [...]
Sale of goods (solution)
RESEARCH STRATEGY
1) Does the United Nations Convention on Contracts for the International Sale of
Goods (CISG) apply to construction agreements?
Visual search engines
In performing legal English research on specific topics, clustering tools (see task 6) and meta-searches (see task 8) can be very helpful. In addition, breaking down a broad research topic such as the Convention on the International Sale of Goods into smaller topics such as applicability, electronic agreements, etc. may be [...]
Real property law (solution)
RESEARCH STRATEGY
1) Is it possible for a foreigner to acquire and privately hold land in Belarus?
Search engine strategy
Starting with a general search engine might be useful. Using the Google search engine (www.google.com), enter the following search query:
foreign ownership of land Belarus
One of the first hits, Legisloation (sic) firm from Byelorussia WWW Belarus provides a list of legislation from Belarus.
This link is written in poor English, which might suggest that the document [...]
Intellectual property (solution)
RESEARCH STRATEGY
1) Identify the legal term for the action being taken against your client.
In order to research a legal subject properly, it is essential to identify not only the terminology associated with a broad legal subject, but first to identify the legal concept itself.
In this example, the client has been served with search orders administered by solicitors for the claimant and a supervising solicitor. There is no police involvement. In order to research the law in this area we m [...]
Negotiable instruments (solution)
RESEARCH STRATEGY
1) Prepare a list of online resources which may be used to research Belgian legislation concerning:
• negotiable instruments
• credit facilities
• securitisation of transactions
• recourse to pledged assets
Meta-directories
As an alternative to standard search engine searches, directories are useful sources of information. Directories are lists of Internet resources collected, edited and updated by people rather than computers. Directories are designed to be [...]
Secured transactions (solution)
RESEARCH STRATEGY
Finding a reliable source
When performing legal research, the reliability of the source is essential: you cannot perform further research, advise a client nor in any way rely on the information obtained unless you are certain the information is dependable.
Using the Google search engine (www.google.com), enter the following search query:
mortgages Tanzania
This search query provides a mixture of links to tourism sites, home sale advertisements and discussions regarding f [...]
Debtor – creditor (solution)
RESEARCH STRATEGY
There are many strategies for researching terms and concepts on the Internet. The nature of your research, and your familiarity with its related legal English vocabulary, will determine the best choice. Such research sometimes requires a variety of strategies.
In this example, the problem requires you to examine both broad issues as well as more narrow but complex issues.
Broad research and term identification are often best done using directories (see more about directorie [...]
Competition law (solution)
RESEARCH STRATEGY
Staying up-to-date on a legal subject is essential to the practice of law. The Internet is full of information sources providing updates on legislation, legal news and discussions of legal developments.
Many of these resources also provide valuable information regarding the development of legal English. Many areas of law develop rapidly – often across borders – and so too does the associated legal English.
In addition to the various techniques for finding information on [...]
