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Li Ka Shing Library

Intellectual Property Law: Working the Problem.

Questions you should be asking

 “Working the Problem”

(Table modified from Callister, P.D. "Thinking like a Research Expert: Schemata for Teaching Complex Problem-Solving Skills", 2009, http://works.bepress.com/paul_callister/8 )

What you need to know

Sample Questions

 

Who ?

Parties

Who are we representing (i.e. which side of the issue are we on –buyer or seller, plaintiff or defendant, etc.)? 

 

What legal entities are involved (any trusts, corporations, partnerships, etc)?

 

 

 

 

What?

Descriptive Words of Facts or Terms of Art

Besides the term “profit-sharing plan” are there other terms I should be using, like “pension” or “retirement”?  I’m not sure if I understand the difference or if it matters.  How else might a “sole shareholder” be described in the literature?

 

 

Descriptive Words of Legal Issues

Do you think that the best subject heading to describe the problem is “exemptions from creditors”?

 

Specific Sources to be used

For my research on retirement plans and exemptions from creditors, is there any specific treatises of loose-leaf service I should consult in addition to CCH’s Pension Plan Guide?

 

 

 

Where?

Applicable Jurisdictions

Do you want me to research Singapore’s bankruptcy law as well as UK’s debtor creditor law? Do you want me to confine my research to Australia or should I expand it to the Commonwealth?  Are you interested in other countries? Are there any choice of law issues?

 

 

 

When?

 

Time Periods

What time periods do you want me to research?  Are the last two years sufficient? Does the time period (day, night, season, etc) of any of the events in the case matter?

 

 

Time Deadlines/ Priority

Do you need a quick answer or exhaustive research?  If I complete this by Tuesday morning, is that ok?

When do you need this by?

 

 

Why?

Objective

What are we trying to accomplish with this memo, brief, motion, contract, etc?  How do we want this to come out?

 

 

 

How?

Precision/Recall

Do you want all the relevant journal articles or just the best article on the topic?  Do you want all the cases dealing with retirement plans in debtor-creditor law or just two to three cases that bear the closest relationship to the issue?

 

 

Billable Time/ Costs

How long should this take me?  Are billable hours limited?  May I use Lexis and/or Westlaw?  Which parts of the research, if any, would you do online?  Do you want me to try and use free resources for my research?

 

Has anyone ever done similar research on the topic that I should know about?

 

 

Presentations of Results and Reporting Back

How do you want me to present my results?  Do you want printouts marked with highlighter or a full memo?  Should I check back with my initial results before proceeding further? 

 

 

 

Mindmapping

Mind Mapping is a graphic and pictorial method of organising information. In addition to delineating the ideas and concepts associated with a topic, mind maps also bring to the fore the critical relationships between these concepts. Follow these basic steps to do a mind map for your topic:

On a large sheet of blank paper, identify the main concept you wish to explore and write it down in the middle, encircling it with a shape.

Next, think of associated concepts (ideas, questions, hunches!) and surround the central idea with these, using lines to denote the relationship between them.

Begin thinking in greater detail about each one of the second-order ideas, adding examples when possible. Also remember to characterise the relationship between the elements.

The further you move away from the main concept, the more specific your ideas will become.

Tool: Search Strategy Builder

Try out this Search Strategy Builder for a fun way to build your search strings.

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