Legal research is a crucial skill for navigating the complex world of law. It involves finding and analyzing authoritative sources to support legal decision-making. From primary sources like statutes and case law to secondary sources like treatises, researchers must master various tools and techniques.
Effective legal research requires a systematic approach. This includes identifying issues, developing a research plan, gathering sources, and analyzing information. Online databases, citators, and search techniques are essential for finding relevant authorities and ensuring they're still good law.
Types of legal research
- Legal research involves identifying and retrieving information necessary to support legal decision-making
- Encompasses various sources, formats, and techniques used to find relevant legal authority on a particular issue
- Utilizes both primary and secondary sources, print and online resources, as well as free and paid databases
Primary vs secondary sources
Top images from around the web for Primary vs secondary sources
Sources of Law and Legal Method in Comparative Law : Vogenauer, Stefan : Free Download, Borrow ... View original
Is this image relevant?
Legal Systems - International and Foreign Law Research - Research Guides at Florida State ... View original
Is this image relevant?
Securing Basic Freedoms | American Government View original
Is this image relevant?
Sources of Law and Legal Method in Comparative Law : Vogenauer, Stefan : Free Download, Borrow ... View original
Is this image relevant?
Legal Systems - International and Foreign Law Research - Research Guides at Florida State ... View original
Is this image relevant?
1 of 3
Top images from around the web for Primary vs secondary sources
Sources of Law and Legal Method in Comparative Law : Vogenauer, Stefan : Free Download, Borrow ... View original
Is this image relevant?
Legal Systems - International and Foreign Law Research - Research Guides at Florida State ... View original
Is this image relevant?
Securing Basic Freedoms | American Government View original
Is this image relevant?
Sources of Law and Legal Method in Comparative Law : Vogenauer, Stefan : Free Download, Borrow ... View original
Is this image relevant?
Legal Systems - International and Foreign Law Research - Research Guides at Florida State ... View original
Is this image relevant?
1 of 3
- Primary sources are authoritative statements of the law itself, including constitutions, statutes, case law, and regulations
- Secondary sources provide commentary, analysis, or restatement of the law, such as legal encyclopedias, treatises, and law review articles
- Primary sources are binding authority, while secondary sources are persuasive and help explain or interpret the law
Online vs print resources
- Online resources include legal databases (Westlaw, LexisNexis), government websites, and digital libraries
- Print resources encompass physical books, journals, and other hard copy materials found in law libraries
- Online resources offer convenience, currency, and advanced search capabilities, while print resources may provide additional context and in-depth analysis
Free vs paid databases
- Free databases, such as Google Scholar and government websites, provide access to some legal information at no cost
- Paid databases, like Westlaw and LexisNexis, offer comprehensive coverage, advanced search tools, and editorial enhancements
- Paid databases are often more reliable and up-to-date but can be expensive, while free resources may have limitations in scope and functionality
Steps in legal research process
- The legal research process involves a systematic approach to identifying, locating, and analyzing relevant legal information
- Effective legal research requires planning, thoroughness, and attention to detail
- Key steps include identifying issues, developing a research plan, gathering sources, analyzing information, and updating results
Identifying legal issues
- Carefully read and analyze the facts and questions presented in a legal problem or case
- Break down complex issues into discrete legal questions that need to be answered
- Identify relevant areas of law (constitutional, statutory, case law) that may apply to the situation
Developing research plan
- Outline the scope and objectives of the research project, including key issues and jurisdictions
- Identify the types of sources (primary, secondary) and formats (online, print) to consult
- Prioritize research tasks and allocate time and resources accordingly
Gathering relevant sources
- Use online databases, library catalogs, and other finding tools to locate relevant primary and secondary sources
- Employ effective search techniques, such as keyword searching, Boolean operators, and filters, to retrieve targeted results
- Identify and retrieve the most authoritative and current sources available on the issue
Analyzing and synthesizing information
- Carefully read and extract relevant information from the sources gathered
- Analyze the authority and applicability of each source to the legal question at hand
- Synthesize the information into a coherent legal analysis or argument, noting key points and relationships among sources
Updating research results
- Use citators (Shepard's, KeyCite) to verify the current status and treatment of primary sources
- Check for any recent amendments, repeals, or other changes to relevant statutes and regulations
- Conduct additional research to locate any new or supplemental authority on the issue
Key primary sources
- Primary sources are the authoritative pronouncements of the law issued by government bodies or officials
- Include constitutions, statutes, case law, administrative regulations, and legislative history materials
- Form the foundation of legal research and are essential for understanding the applicable law on an issue
Constitutions and statutes
- Constitutions establish the fundamental law and framework of government at the federal and state levels
- Statutes are laws enacted by legislative bodies (Congress, state legislatures) on various subjects
- Provide the starting point for researching many legal issues and interpreting the scope and meaning of the law
Case law and precedent
- Case law consists of opinions and decisions issued by courts interpreting and applying the law to specific disputes
- Precedent refers to the binding effect of prior court decisions on subsequent cases with similar facts or issues
- Case law research involves locating relevant opinions, analyzing legal reasoning, and applying precedent to current legal problems
Administrative regulations
- Regulations are rules and standards issued by executive branch agencies to implement and enforce statutory law
- Have the force of law and often provide detailed guidance on complex or technical subjects
- Research may involve locating relevant regulations in administrative codes or registers and interpreting their application
Legislative history materials
- Legislative history encompasses the documents and debates generated in the process of enacting a statute
- Includes committee reports, hearings, floor debates, and other materials that can help interpret statutory language
- Researching legislative history can provide insight into the intent and purpose behind a law and aid in statutory construction
Essential secondary sources
- Secondary sources provide commentary, analysis, and explanation of primary legal authorities
- Offer valuable guidance and perspective for understanding and applying the law
- Key secondary sources include legal encyclopedias, treatises, law reviews, Restatements, and practice materials
Legal encyclopedias
- Comprehensive works that provide broad overviews of legal topics and principles (American Jurisprudence, Corpus Juris Secundum)
- Offer general background information, summaries of leading cases, and citations to primary authorities
- Useful starting point for researching unfamiliar areas of law or identifying relevant primary sources
Treatises and hornbooks
- In-depth scholarly works that provide detailed analysis and explanation of specific legal subjects or doctrines
- Often written by recognized experts in the field and cite extensively to primary authorities
- Valuable for gaining a deeper understanding of complex legal issues and arguments
Law review articles
- Scholarly articles written by law professors, students, and practitioners on a wide range of legal topics
- Provide in-depth analysis, critique, and commentary on specific legal issues, cases, or developments
- Often propose novel legal theories or solutions and can be useful for supporting arguments or identifying emerging issues
Restatements of law
- Influential secondary sources that aim to clarify and simplify the common law on a subject
- Published by the American Law Institute and drafted by legal scholars and practitioners
- Useful for understanding general legal principles and majority rules, though not binding authority
Practice guides and manuals
- Practical resources that provide guidance and tools for lawyers engaged in specific areas of legal practice
- Often include forms, checklists, sample documents, and step-by-step instructions for common legal tasks
- Helpful for understanding the practical application of legal principles and procedures in a particular jurisdiction or context
Online legal research tools
- Online legal research platforms have revolutionized the way lawyers and law students access and analyze legal information
- Offer vast collections of primary and secondary sources, powerful search capabilities, and various tools for organizing and updating research
- Key platforms include Westlaw, LexisNexis, Bloomberg Law, Fastcase, and free resources like Google Scholar and government websites
Westlaw and LexisNexis
- Leading commercial legal databases that provide comprehensive coverage of primary and secondary sources
- Offer advanced search tools, editorial enhancements (headnotes, summaries), and citator services (KeyCite, Shepard's)
- Widely used by law firms, courts, and law schools but require subscriptions that can be costly
Bloomberg Law and Fastcase
- Alternative legal research platforms that offer similar content and features to Westlaw and LexisNexis
- Bloomberg Law integrates legal research with news, business intelligence, and analytics tools
- Fastcase provides a lower-cost option with a focus on primary law and intuitive search interface
Google Scholar for case law
- Free online tool that includes a substantial database of published court opinions, particularly from federal and state appellate courts
- Offers basic keyword searching, citation tracking, and links to full-text opinions
- Useful for quick case law searches or as a supplement to other research tools
Government websites for statutes
- Official government websites, such as Congress.gov and state legislative sites, provide free access to current and historical statutes
- Allow researchers to browse or search statutory codes, track pending legislation, and access other legislative information
- Authoritative sources for verifying the text and status of statutes in a particular jurisdiction
Effective search techniques
- Employing effective search strategies is crucial for locating relevant and targeted results in online legal research
- Key techniques include crafting precise keyword searches, using Boolean operators and connectors, filtering results, and expanding queries
- Mastering these skills can save time, improve the quality and efficiency of research, and uncover important sources
Keyword searching tips
- Identify key terms and phrases that are specific to the legal issue or question being researched
- Use nouns and legal concepts rather than verbs or general terms to improve relevance
- Enclose exact phrases in quotation marks to find that precise wording
Boolean operators and connectors
- Use AND to require the presence of all specified terms, narrowing results (copyright AND infringement)
- Use OR to find alternative terms or synonyms, expanding results (car OR automobile OR vehicle)
- Use NOT or - to exclude certain terms, narrowing results (bankruptcy NOT chapter 13)
- Use proximity connectors (w/3, /s) to specify the desired distance or order between terms (hearsay w/3 exception)
Narrowing results with filters
- Use database filters or advanced search options to limit results by relevant criteria
- Common filters include jurisdiction, date range, source type, practice area, and document section
- Narrowing results can help focus on the most relevant and authoritative sources for the issue
Expanding queries with synonyms
- Identify and include synonyms, related terms, or alternative phrases for key concepts in a search
- Use truncation symbols (, !) to find variant word endings or spellings (neg to find negligence, negligent, etc.)
- Expanding queries can help capture relevant sources that use different terminology
Citators and updating research
- Citators are essential tools for verifying the current status and treatment of primary legal authorities
- Allow researchers to trace the history and subsequent citations to a particular case or statute
- Key citator services include Shepard's (LexisNexis) and KeyCite (Westlaw)
Shepard's and KeyCite
- Shepard's and KeyCite provide comprehensive citation analysis for cases, statutes, and other sources
- Use specific editorial symbols and explanatory phrases to indicate the depth of treatment and nature of citing references
- Allow researchers to quickly determine if a source is still good law and identify related authorities
Checking currency of sources
- Use citators to verify that a case has not been overruled, superseded, or otherwise invalidated
- Check for any subsequent history or treatment that may affect the authority or meaning of a source
- Ensure that statutes and regulations are still in effect and have not been amended or repealed
Identifying negative treatment
- Citators can alert researchers to any negative treatment of a source, such as being distinguished, criticized, or questioned in subsequent cases
- Negative treatment signals can help assess the strength and reliability of a source and identify potential weaknesses in an argument
- Analyzing negative treatment can also lead to finding additional relevant authorities or counterarguments
Locating additional relevant authority
- Citators enable researchers to find other sources that have cited or discussed a particular case or statute
- Examining citing references can uncover additional primary or secondary sources on the same legal issue
- Citator results can be filtered by depth of treatment, jurisdiction, or other criteria to find the most relevant and persuasive authorities
Evaluating source reliability
- Evaluating the reliability and credibility of legal sources is a critical component of effective legal research
- Researchers must consider various factors to determine the weight and persuasiveness of a particular source
- Key considerations include the source's authority, currency, objectivity, and relevance to the research question
Authority and reputation
- Consider the legal authority and precedential value of a source, such as whether a case is binding or merely persuasive in a jurisdiction
- Assess the reputation and expertise of the authors or publishers of secondary sources
- Rely on authoritative sources from respected institutions, government bodies, or widely-cited scholars in the field
Timeliness and currency
- Verify that sources are up-to-date and reflect the current state of the law on an issue
- Check for any subsequent amendments, repeals, or superseding authorities that may affect the validity of a source
- Be cautious of relying on older sources that may have been overtaken by more recent developments in the law
Bias and objectivity
- Evaluate potential biases or political leanings in a source, particularly in secondary materials like law review articles or advocacy group publications
- Look for balanced, well-reasoned analysis that considers multiple perspectives and counterarguments
- Rely on sources that strive for objectivity and intellectual honesty in their treatment of legal issues
Relevance to research question
- Assess the relevance and applicability of a source to the specific legal question or issue being researched
- Consider the jurisdiction, factual context, and legal principles involved in the research problem
- Focus on sources that directly address the key issues and provide useful analysis or insights for resolving the question at hand
Organizing research results
- Effective organization of research results is essential for managing information, identifying patterns, and developing clear legal analysis
- Researchers should employ various strategies and tools to capture, organize, and synthesize their findings
- Key methods include note-taking, outlining, using citation management tools, and summarizing key points
Note-taking strategies
- Develop a consistent system for taking notes on sources, such as using a standard template or set of categories for each type of source
- Capture key information such as the citation, relevant facts, holding, reasoning, and any notable quotes or analysis
- Use abbreviations, colors, or other shorthand to efficiently record information and identify important points
Creating research outlines
- Organize research findings into a logical outline that mirrors the structure of the legal analysis or argument
- Use headings and subheadings to break down major issues, rules, and key points
- Integrate relevant sources and citations into the outline to support each point and show the authority for the analysis
Using citation management tools
- Employ citation management software (Zotero, Mendeley, EndNote) to store, organize, and format references
- Capture full bibliographic information and links to the full-text of sources for easy retrieval
- Use folders, tags, or other categorization features to group related sources and track research progress
Summarizing key findings
- Regularly review and summarize the main takeaways and conclusions from research to maintain a clear picture of the overall analysis
- Identify any gaps or conflicts in the research that may require further investigation
- Distill the most important and persuasive points into a concise summary that can guide writing or decision-making
Ethical considerations
- Legal research involves important ethical obligations and professional responsibilities for lawyers and law students
- Researchers must be mindful of issues such as avoiding plagiarism, properly attributing sources, maintaining client confidentiality, and ensuring competence
- Adhering to ethical standards is essential for producing high-quality, trustworthy legal work and upholding the integrity of the profession
Avoiding plagiarism
- Always acknowledge and attribute any words, ideas, or arguments borrowed from another source
- Use proper citation formats and quotation marks to clearly indicate any verbatim language or direct paraphrasing
- Avoid patchwriting or other forms of inadequate paraphrasing that may constitute plagiarism
Proper attribution practices
- Provide full and accurate citations for all sources relied upon in legal writing or analysis
- Use the appropriate citation style (Bluebook, ALWD) and format for the jurisdiction and document type
- Ensure that citations are clear, consistent, and contain all necessary information for readers to locate the original source
Confidentiality of client information
- Maintain the confidentiality of any sensitive or privileged information obtained during the course of legal research
- Avoid disclosing client identities, facts, or legal strategies without proper authorization
- Use secure methods for storing and sharing research materials that may contain confidential information
Competence in legal research
- Develop and maintain the knowledge, skills, and judgment necessary to conduct thorough and reliable legal research
- Keep abreast of new legal developments, research tools, and techniques in one's areas of practice
- Recognize the limits of one's expertise and seek guidance or additional training when needed to ensure competent representation
Key Terms to Review (18)
Conflict of interest: A conflict of interest occurs when an individual or organization has competing interests or loyalties that could potentially influence their decisions, actions, or judgment in a way that is not impartial. This situation can arise in various contexts, affecting the integrity of relationships and the credibility of decision-making processes. It is crucial to identify and manage these conflicts to ensure transparency and fairness, especially in legal and governmental settings.
Confidentiality: Confidentiality refers to the ethical and legal obligation to protect private information from unauthorized disclosure. This principle is crucial in various professional contexts, ensuring that sensitive information remains secure and only accessible to those who are authorized. It plays a vital role in fostering trust within professional relationships, particularly where personal or proprietary information is involved.
Jurisdiction: Jurisdiction refers to the legal authority of a court or other tribunal to hear and decide cases. This concept is crucial because it determines which court has the power to adjudicate a particular legal issue, whether it involves matters of international law, the procedures for filing pleadings, pretrial motions, appeals, or conducting legal research. Different jurisdictions can have varying rules and standards that affect how cases are processed and resolved.
Precedent: Precedent refers to a legal principle or rule established in a previous case that is binding or persuasive in subsequent cases with similar facts. This concept is crucial in shaping the law, as it ensures consistency and predictability in legal decisions, enabling judges and lawyers to rely on established rulings when addressing new cases. Precedent operates within the framework of common law, influencing statutory interpretation, appellate decisions, and legal research methods.
Textual analysis: Textual analysis is a method used to interpret and analyze legal texts, such as statutes, case law, and legal documents, by examining the language, structure, and context of the text. This approach allows legal researchers to uncover the meaning and implications of legal provisions, helping to clarify how laws apply in various situations and ensuring that interpretations align with legislative intent.
Westlaw: Westlaw is a comprehensive online legal research service and proprietary database that provides access to a vast array of legal resources, including case law, statutes, regulations, and secondary legal materials. It is widely used by legal professionals to conduct research, draft legal documents, and stay informed about recent developments in the law.
Constitutional law: Constitutional law refers to the body of law that interprets and applies the Constitution of a country, serving as the foundation for the legal framework within which governmental powers and individual rights are defined and protected. This area of law ensures that government actions adhere to the principles set out in the Constitution, addressing issues such as the separation of powers, federalism, and fundamental rights. The significance of constitutional law extends to legal research methods, as understanding this body of law is essential for analyzing case law and statutes that may derive from constitutional provisions.
Doctrinal analysis: Doctrinal analysis is a method used in legal research that focuses on understanding and interpreting the law by examining statutes, regulations, and case law. This approach emphasizes the identification of legal principles and rules as they are articulated in authoritative texts, helping to build a clear understanding of legal doctrines and their application in various contexts.
Regulatory Framework: A regulatory framework is a set of rules, laws, and guidelines that establish the legal boundaries and expectations for behavior within a specific area of activity or industry. It provides the structure within which organizations and individuals must operate, ensuring compliance and governance in various sectors such as finance, healthcare, and the environment.
Shepardizing: Shepardizing is the process of using a legal research tool, specifically Shepard's Citations, to verify the validity and precedential value of a legal case or statute. This method ensures that a case has not been overruled, reversed, or negatively treated by subsequent decisions, helping researchers and legal professionals confirm that they are relying on sound legal authority in their arguments and analyses.
Docket: A docket is a formal record of proceedings in a court case, listing all the actions that have taken place or are scheduled to take place in a legal matter. It serves as an essential tool for managing cases by providing a timeline and details of each event, including filings, motions, and hearings. Understanding the docket is crucial for legal research as it helps track the progress of cases and locate pertinent information regarding ongoing litigation.
Citation: A citation is a reference to a legal authority, such as a statute, case law, or regulation, used to support legal arguments and findings. Citations are essential in legal writing as they provide the necessary acknowledgment of the source of information and facilitate the verification of legal precedents. Proper citation enhances the credibility of legal documents and ensures adherence to established legal standards.
Opinions: In the legal context, opinions refer to the written explanations provided by judges that articulate the reasoning behind their decisions in cases. These documents are crucial for understanding how laws are interpreted and applied, and they set precedents that guide future cases. Opinions can vary widely in tone and complexity, ranging from majority opinions reflecting the view of the court to dissenting opinions that express disagreement with the majority's conclusions.
Briefs: Briefs are concise, written documents that present a legal argument or summary of a case to a court. They serve as an essential tool for attorneys to communicate their position, provide relevant facts, and cite legal precedents, all aimed at persuading the judge in favor of their client's interests. The clarity and organization of briefs are vital, as they help to ensure that legal reasoning is conveyed effectively, facilitating the judicial decision-making process.
Law libraries: Law libraries are specialized libraries that provide access to legal resources, including statutes, case law, legal journals, and other materials pertinent to legal research. They serve as essential facilities for students, attorneys, and researchers seeking comprehensive information on legal issues, trends, and precedents.
Legal databases: Legal databases are comprehensive online platforms that store and provide access to a wide array of legal resources, including case law, statutes, regulations, legal journals, and other relevant documents. These databases are essential for conducting legal research as they enable users to efficiently locate and retrieve pertinent legal information, ensuring that legal professionals and students can stay informed about current laws and judicial decisions.
Statutory Analysis: Statutory analysis is the process of interpreting and applying statutes, which are laws enacted by a legislative body. This method involves understanding the language of the statute, its context, legislative intent, and how it applies to specific legal issues or cases. It plays a crucial role in legal research as it helps legal professionals determine the applicability and implications of laws in real-world scenarios.
Case law research: Case law research is the process of locating, analyzing, and interpreting judicial decisions made by courts to understand how laws are applied in specific circumstances. This type of research is essential for legal professionals as it provides insights into precedent and interpretations of statutes, ultimately helping to shape arguments and strategies in legal cases.