Thorough legal research

Definition

Thorough legal research is the systematic process of identifying, locating, and analyzing legal information to support legal decision-making or argumentation. This type of research involves examining case law, statutes, regulations, secondary sources, and other relevant legal materials to build a solid foundation for legal documents like memoranda and briefs. It ensures that all pertinent legal precedents and interpretations are considered, ultimately enhancing the quality and credibility of legal arguments.

5 Must Know Facts For Your Next Test

1. Thorough legal research often begins with defining the legal issue at hand and identifying the relevant jurisdiction to ensure accurate information is gathered.
2. Legal databases such as Westlaw and LexisNexis are commonly used tools in thorough legal research, providing access to vast libraries of case law and statutes.
3. Effective thorough legal research not only includes primary sources like cases and statutes but also incorporates secondary sources such as law reviews and legal encyclopedias for deeper context.
4. Organizing and documenting findings from thorough legal research is crucial, as this facilitates the drafting of memoranda and briefs by ensuring all information is readily available.
5. Thorough legal research also involves critical analysis and synthesis of the information gathered to craft well-supported arguments in legal writing.

Review Questions

• How does thorough legal research contribute to the effectiveness of memoranda in legal practice?
  • Thorough legal research significantly enhances the effectiveness of memoranda by providing a well-researched foundation for the arguments presented. By identifying relevant case law, statutes, and other legal materials, a memorandum can accurately reflect the current state of the law, enabling attorneys to present their position convincingly. Furthermore, thorough research helps ensure that all potential counterarguments are addressed, thereby strengthening the overall persuasiveness of the memorandum.
• In what ways can thorough legal research improve the quality of briefs submitted to the court?
  • Thorough legal research improves the quality of briefs submitted to the court by ensuring that all pertinent legal precedents are considered and cited appropriately. A well-researched brief reflects a comprehensive understanding of the relevant law, which can enhance its credibility with judges. Additionally, incorporating insights from secondary sources can provide context and support for arguments, ultimately leading to a more compelling presentation of the case.
• Evaluate the role of thorough legal research in shaping legal strategies during litigation processes.
  • Thorough legal research plays a crucial role in shaping legal strategies during litigation processes by enabling attorneys to develop informed approaches based on established law and judicial trends. By systematically analyzing relevant statutes and case law, lawyers can identify strengths and weaknesses in their positions and anticipate opposing arguments. This level of preparation not only aids in crafting effective pleadings but also enhances negotiation strategies and courtroom tactics, ultimately influencing the outcome of litigation.

Related terms

Case Law:

Law established by the outcome of former court cases, serving as a precedent for future cases.

Statutes: Written laws enacted by legislative bodies that outline legal standards and regulations.

Legal Brief: A written document presented to a court arguing why one party should prevail over another, often based on thorough legal research.