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    Hey there, am having some trouble understanding the concept of using law journals.

    It seems that they are very good in helping write essay questions, because they offer a widely opinion compared to a standard text book answer. So, you could say the decision in A v B was ... however, ( this academic ) argued this... Well that's what am assuming they are used for, and additionally, am sure they will enhance a students grade.

    So, if all the above is right, let me do a practically test. For example, am finding it hard to understand the concept of economic loss, and the text box is very vague, so i got to Lexis and enter economic loss into the journal search. Now, am faced with many journals; which one do i read? If i use my initiative and select the second one, am faced with a journal which hundreds of pages... where do i start and stop...

    What am i doing wrong, is my search to vague? Are you only meant to use journals to help with a specific case decision or area of law that i understand. Even if that was the case, how do i go about searching for that, e.g i disagree with fisher v bell, that display of goods is normally a regarded as invitation to treat, how do i go about finding that ?

    Can someone give me a real example of how to use journals :confused:

    Thanks
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    (Original post by Nitish.L)
    Hey there, am having some trouble understanding the concept of using law journals.

    It seems that they are very good in helping write essay questions, because they offer a widely opinion compared to a standard text book answer. So, you could say the decision in A v B was ... however, ( this academic ) argued this... Well that's what am assuming they are used for, and additionally, am sure they will enhance a students grade.

    So, if all the above is right, let me do a practically test. For example, am finding it hard to understand the concept of economic loss, and the text box is very vague, so i got to Lexis and enter economic loss into the journal search. Now, am faced with many journals; which one do i read? If i use my initiative and select the second one, am faced with a journal which hundreds of pages... where do i start and stop...

    What am i doing wrong, is my search to vague? Are you only meant to use journals to help with a specific case decision or area of law that i understand. Even if that was the case, how do i go about searching for that, e.g i disagree with fisher v bell, that display of goods is normally a regarded as invitation to treat, how do i go about finding that ?

    Can someone give me a real example of how to use journals :confused:

    Thanks
    The best way is to use the ones lecturers recommend, or the ones that are in the footnotes of your text books, especially if they're discussed substantially as they're likely to be the leading ideas on the subject.

    For pure economic loss I recommend Stapleton's article on pockets of liability (Stapleton 107 LQR 249 (1991)) - although it's old it's still one of the best articles on the subject.
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    (Original post by The West Wing)
    The best way is to use the ones lecturers recommend, or the ones that are in the footnotes of your text books, especially if they're discussed substantially as they're likely to be the leading ideas on the subject.

    For pure economic loss I recommend Stapleton's article on pockets of liability (Stapleton 107 LQR 249 (1991)) - although it's old it's still one of the best articles on the subject.
    Am sure we have not been given any as a recommendations from my university. However, in the textbooks, it does rather you to other further reading and am sure some of them are journals. I have not been given any direct reading to any journals, am just trying to learn to enhance my comprehension consequently boosting my grade? (hopefully anyway )
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    (Original post by Nitish.L)
    Am sure we have not been given any as a recommendations from my university. However, in the textbooks, it does rather you to other further reading and am sure some of them are journals. I have not been given any direct reading to any journals, am just trying to learn to enhance my comprehension consequently boosting my grade? (hopefully anyway )
    In that case you should contact your lecturers. At my university we get long lists of articles and further reading on every topic in excruciating detail.
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    (Original post by The West Wing)
    In that case you should contact your lecturers. At my university we get long lists of articles and further reading on every topic in excruciating detail.
    I wish I could study Law at your university.
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    The most efficient way is to follow up footnotes in textbooks or use the recommendations of your tutors. Searching on Westlaw isn't the most efficient way unless you know exactly what you want. Generally, you should use journal articles to give you an alternative viewpoint, unusual analysis or a detailed/conceptually specific look at a particular area of law. You should normally only read them once you already know basically what the law is and what the important cases stand for.

    You are unlikely to get something so specific as a journal article on Fisher v Bell. You do get short 3/4 page case notes on recent cases however, and these are useful for understanding cases that are recent, long, complex or that you are otherwise unsure about.

    I'm not sure why you talk about hundreds of pages. You don't read the whole journal you only read the article or case note you are interested in. Not many articles run to more than 20 pages, and, frankly, reading the introduction/conclusion often tells you what the article is about.
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    (Original post by Nitish.L)
    Hey there, am having some trouble understanding the concept of using law journals.

    It seems that they are very good in helping write essay questions, because they offer a widely opinion compared to a standard text book answer. So, you could say the decision in A v B was ... however, ( this academic ) argued this... Well that's what am assuming they are used for, and additionally, am sure they will enhance a students grade.

    So, if all the above is right, let me do a practically test. For example, am finding it hard to understand the concept of economic loss, and the text box is very vague, so i got to Lexis and enter economic loss into the journal search. Now, am faced with many journals; which one do i read? If i use my initiative and select the second one, am faced with a journal which hundreds of pages... where do i start and stop...

    What am i doing wrong, is my search to vague? Are you only meant to use journals to help with a specific case decision or area of law that i understand. Even if that was the case, how do i go about searching for that, e.g i disagree with fisher v bell, that display of goods is normally a regarded as invitation to treat, how do i go about finding that ?

    Can someone give me a real example of how to use journals :confused:

    Thanks
    If you're having trouble understanding a specific concept (as opposed to a case), I'd look at another textbooks. Articles are usually going to assume a basic foundation of knowledge, and tend to cover an area of controversy. If you're having trouble getting your head around economic loss as the law stands now, try a new text. (By the way, Street's section on economic loss is admirably clear and concise, if that's the area you're struggling with.)

    Use articles to get a better understanding of lacunae/areas of controversy--but don't try to pick up the basic outlines of an area of the law from them. That would be a very inefficient use of articles.
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    (Original post by The West Wing)
    In that case you should contact your lecturers. At my university we get long lists of articles and further reading on every topic in excruciating detail.
    What university are you studying at and what year are you in, if you don't mind be asking ?

    Right, thanks for the advice, it's much appreciated.

    Could i ask for more one thing, could someone do a practical example of how to use a journal to aid you. It could be something that you have already done previously or something very simple.
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    (Original post by jacketpotato)
    The most efficient way is to follow up footnotes in textbooks or use the recommendations of your tutors. Searching on Westlaw isn't the most efficient way unless you know exactly what you want. Generally, you should use journal articles to give you an alternative viewpoint, unusual analysis or a detailed/conceptually specific look at a particular area of law. You should normally only read them once you already know basically what the law is and what the important cases stand for.

    You are unlikely to get something so specific as a journal article on Fisher v Bell. You do get short 3/4 page case notes on recent cases however, and these are useful for understanding cases that are recent, long, complex or that you are otherwise unsure about.

    I'm not sure why you talk about hundreds of pages. You don't read the whole journal you only read the article or case note you are interested in. Not many articles run to more than 20 pages, and, frankly, reading the introduction/conclusion often tells you what the article is about.
    Where do you find case notes? Casebooks? Obviously you aren't referring to case digest (summaries) on Westlaw?

    Also, isn't searching under Journals in Westlaw quite useful? I find the free text search to be pretty good.
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    (Original post by Sithius)
    Where do you find case notes? Casebooks? Obviously you aren't referring to case digest (summaries) on Westlaw?

    Also, isn't searching under Journals in Westlaw quite useful? I find the free text search to be pretty good.
    Case-notes are at the front of journals. Big cases are likely to have 2/3/4 case-notes on them in the major journals. They can sometimes be a pain in the *** to find, but going to the case on Westlaw and then going to the "citing" page is helpful. These days people are giving stupid titles to case-notes too so its sometimes difficult to tell whats a journal article and whats a case-note, but if its just about the case and if its less than 5 pages long its a case-note.

    Searching for journals on Westlaw is useful, but I think you have to know what kind of thing you are looking for or you just get lost. Don't think its worth doing speculative searches until you understand the subject area because otherwise you won't know whats relevant and whats not.
 
 
 
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