Accessing Legal Information in Catalonia: Open Access to Legislation and Case Law

2014 ◽  
Vol 42 (1) ◽  
pp. 141-149
Author(s):  
Montse Morante ◽  
Patricia Sanpera

This article outlines free online legal resources to conduct research on Catalan and Spanish legislation and case-law. Most of these resources are primary sources made public by government bodies. The list shows how the Spanish and Catalan governments, in their attempt to promote equal access to legislation and case-law, cover the different jurisdictions. The text also mentions some resources to conduct historical legal research about legislation and case law, and some free legal private websites.

First Monday ◽  
2007 ◽  
Author(s):  
Daniel Poulin

Securing a widespread and, whenever possible, free, access to legal information has become important everywhere. Open access has higher stakes in developing countries where access to law is often difficult. In this particular context, free access to statutes and case law could significantly contribute to a better establishment of the rule of law and an overall consolidation of national legal institutions. Never before have better conditions existed for a wider circulation of law. The Internet and related technologies have dramatically revolutionized the possibilities of cheaply providing high–quality, low–cost access to national legal documentation. In this article, elements of a strategy aimed at developing open access to law in developing countries are put forth.


2015 ◽  
Vol 15 (3) ◽  
pp. 189-195 ◽  
Author(s):  
Paul Magrath

AbstractThis article is written by Paul Magrath who is the Head of Product Development and Online Content at the Incorporated Council of Law Reporting for England and Wales (ICLR). His article explores the issues surrounding the custodianship of those public legal documents, such as court judgments, which form primary sources of law but which may also contain private data, and looks at the way custodians of such data can also act as gatekeepers, enhancing or inhibiting access by the public as well as more specialised users. It expands upon an article published by Infolaw.co.uk entitled “Custodians and gatekeepers: maintaining access to public legal information”, and refers to recent case law involving the tension between information in the public domain and the individual's privacy and “right to be forgotten” by search engines. The article also looks at how court documents are made accessible in other jurisdictions and imagines how things might be improved in our own courts, before concluding that the model of a not-for-profit organisation, such as the ICLR or BAILII (the British and Irish Legal Information Institute), may work as well if not better than public or private management of judgments and other legal public information.


2017 ◽  
Author(s):  
Susan Nevelow Mart

Humans and machines are both involved in the creation of legal research resources. For legal information retrieval systems, the human-curated finding aid is being overtaken by the computer algorithm. But human-curated finding aids still exist. One of them is the West Key Number system. The Key Number system’s headnote classification of case law, started back in the nineteenth century, was and is the creation of humans. The retrospective headnote classification of the cases in Lexis’s case databases, started in 1999, was created primarily - although notexclusively - with computer algorithms. So how do these two very different systems deal with a similar headnote from the same case, when they link the headnote to the digest and citator functions in their respective databases? This paper continues the author’s investigation into this question, looking at the relevance of results from digest and citator searches run on matchingheadnotes in Westlaw and Lexis for ninety important federal and state cases, to see how each system performs. For digests, where the results are curated where a human has made a judgmentabout the meaning of a case and placed it in a classification system humans still have an advantage. For citators, where algorithm is battling algorithm to find relevant results, it is a matter of the better algorithm winning. But neither algorithm is doing a very good job of finding all the relevant results; the overlap between the two citator systems is not that large. The lesson for researchers: know how your legal research system was created, what involvement, if any, humans had in the curation of the system, and what a researcher can and cannot expect from thesystem being used.


2008 ◽  
Vol 36 (1) ◽  
pp. 1-50 ◽  
Author(s):  
Ian Gallacher

SummaryAs the law moves inexorably to a digital publication model in which books no longer play a role, the problem of how to continue to make the law available to all becomes more acute. Open access initiatives already exist, and more are on the way, but all are limited by their inability to provide more than self-indexed search options for their users. Self-indexing, although a powerful alternative to the traditional pre-indexed searching made possible by systems like West's “Key Number” digests, has inherent limitations which make it a poor choice as the sole means of researching the law. But developing a new pre-indexed legal digest would be a prohibitively expensive and complex undertaking, making it unlikely that open access legal information sites can develop and maintain a fully-implemented digesting approach to legal research. This article proposes a reconceptualization of the information already contained within most American judicial opinions in order to permit open access sites to offer a form of pre-indexed research to their users. By mapping a case's location in a graphical representation of the doctrinal development of an issue under consideration, this approach allows the court's citations to prior authority to act as a pre-indexing tool, allows the researcher to update the law by showing more recent cases that have cited to the target case, and gives the researcher the opportunity to trace network links in order to uncover connections between cases that might otherwise have been difficult to discern.


Mousaion ◽  
2016 ◽  
Vol 34 (1) ◽  
pp. 83-100
Author(s):  
Solomon Bopape

The study of law focuses, among other aspects, on important issues relating to equality, fairness and justice in as far as free access to information and knowledgeis concerned. The launching of the Open Access to Law Movement in 1992, the promulgation of the Durham Statement on Open Access to Legal Scholarshipin 2009, and the formation of national and regional Legal Information Institutes (LIIs) should serve as an indication of how well the legal world is committed to freely publishing and distributing legal information and knowledge through the Internet to legal practitioners, legal scholars and the public at large aroundthe world. In order to establish the amount of legal scholarly content which is accessible through open access publishing innovations and initiatives, this studyanalysed the contents of websites for selected open access resources on the Internet internationally and in South Africa. The results of the study showed that there has been a steady developing trend towards the adoption of open access for legal scholarly literature internationally, while in South Africa legal scholarly literature is under the control of commercial publishers. This should be an issue for the legal scholarship which, among its focus, is to impart knowledge about the right of access to information and knowledge.


2021 ◽  
Vol 138 (1) ◽  
pp. 115-151
Author(s):  
Quentin du Plessis

Traditional analyses characterise or identify vagueness and ambiguity as the sole or primary sources of legal indeterminacy. In this article, I identify and characterise various other sources of legal indeterminacy. In addition to the semantic indeterminacy of vagueness and ambiguity, philosophers of language have identified conversational, pragmatic, and contextual indeterminacy, each of which is capable of generating a ‘hard case’ as applied to the legal sphere. Nor is all legal indeterminacy linguistic in nature. Following Henry Prakken, I identify non-monotonicity, or the fact that legal inferences are defeasible, as a final source of legal indeterminacy. Each source of legal indeterminacy thus identified includes case-law examples to aid in the discussion.


Libri ◽  
2018 ◽  
Vol 68 (4) ◽  
pp. 345-359
Author(s):  
Vicki Lawal ◽  
Peter G Underwood ◽  
Christine Stilwell

Abstract This article examines the effect of the adoption of social media in legal practice in Nigeria. It discusses some of the major challenges that have recently been experienced in the use of legal information in Nigeria within the context of the social media revolution, particularly with respect to ethics. A survey method was employed and data was collected through self-administered questionnaires to the study population comprising practicing lawyers located in various law firms in Nigeria. Outcomes from the study provide preliminary evidence on the nature of the application of social media in legal practice and the prospects for its inclusion as an important aspect of legal research in the legal education system in Nigeria.


2016 ◽  
Author(s):  
Brandon Collins Butler

Massive Open Online Courses (MOOCs) raise significant legal and policy questions for research libraries, which are often asked to support the development of MOOC courses. These questions involve information policy concerns that are central to research libraries, including the proper application of fair use, the transition to open access as the default mode of scholarly publishing, and the provision of equal access to learning materials for students with and without disabilities. Where possible, research libraries should engage in conversations around MOOCs and promote their core values. By doing so, they will also promote the continuing vitality of libraries as partners in the educational mission.


2021 ◽  
Vol 2 (2) ◽  
pp. 416-421
Author(s):  
I Made Satria Wibawa Tangkeban ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Sukaryati Karma

The internet is an electronic and information medium that is developing very rapidly. The internet is widely used in various activities, namely trade, trading activities that use the internet known as e-commerce. Trading on the internet itself raises many problems related to the law and all its risks. Problems that can arise include default. The research aims are to analyze the rights and obligations of the parties in buying and selling transactions via Instagram and the legal consequences that arise if the seller in the sale and purchase transaction through Instagram defaults. The research method used is normative legal research, with using statutory approach. Primary sources of legal materials, sources of secondary legal materials were analyzed using systematic interpretation techniques. The result shows that in the buying and selling activities carried out on Instagram, there are often deviations in rights and obligations that are no longer in accordance with existing norms in society and legal remedies that can be taken if there is a default from one of the parties, be it the seller. and buyers who make online transactions can be sued within the environment of the general court or outside the court and can be subject to direct fines for parties who do not perform in default.


Author(s):  
Elena Yurishina

  This article examines the question of imposition of punishment (pena) and its individualization (individualización) in Spain from the perspective of criminal law theory. The subject of this research is a set of legislative norms, doctrinal interpretations and explanations, contained in interpretational acts of Spain dedicated to the assemblage of mathematical rules of calculation of the term of punishment by combination of certain characteristics of the case (formalization rules in the Russian analogue) and circumstances reluctant to quantitative evaluation (oriented towards the criteria of judicial discretion). The article also presents some theoretical insights into the question of making decision on the punishment and competition between formalization and judicial discretion. Research methodology is based on the formal-legal and comparative methods, which allowed the author to examine Spanish legislation and determined certain analogies with the Russian. The scientific novelty consists in the detailed and systematized description of the rules of formalization of punishment in Spanish legislation, enlarge the capabilities of Russian science with regards to analysis of similarities and differences in legislations of various countries. The author offers the original definition of the institution of assignment of punishment that includes criminal-procedural vector, as well as substantiates an opinion why stringent formalization does not always meet the demands of justice.  


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