Legal Method and Writing

🫥Legal Method and Writing Unit 1 – Legal Research Methods

Legal research methods form the backbone of effective legal practice. This unit covers essential tools and techniques for finding, analyzing, and citing legal authorities. From primary sources like statutes and cases to secondary sources like treatises, students learn to navigate the complex landscape of legal information. Online databases like Westlaw and LexisNexis revolutionize legal research, offering powerful search capabilities and comprehensive coverage. Students explore strategies for efficient research, including Boolean searching and using citators to verify the current status of legal authorities. Proper citation formats ensure accurate attribution and credibility in legal writing.

What's This Unit About?

  • Introduces fundamental concepts and tools for conducting effective legal research
  • Covers primary sources of law (statutes, cases, regulations) and secondary sources (legal encyclopedias, treatises, law review articles)
  • Explores online legal databases (Westlaw, LexisNexis) and their features
    • Includes Boolean searching, filtering results, and using headnotes
  • Discusses research strategies for efficiently finding relevant legal authorities
    • Involves developing a research plan and using secondary sources to identify primary sources
  • Explains proper citation formats for legal sources (Bluebook, ALWD)
  • Emphasizes the importance of thorough legal research for legal writing and practice
  • Primary sources directly state the law and include constitutions, statutes, cases, and regulations
  • Secondary sources explain, analyze, or comment on the law (legal encyclopedias, treatises, law review articles, Restatements)
  • Legal citators (Shepard's, KeyCite) help determine if a case is still good law and identify other relevant authorities
    • Use citators to check if a case has been overruled, reversed, or criticized by later cases
  • Digests (West Key Number System) organize case law by topic and legal issue for easier searching
  • Annotated statutes provide summaries of cases interpreting each section of a statute
  • Online legal databases (Westlaw, LexisNexis) offer comprehensive access to primary and secondary sources
    • Databases allow for keyword searching, filtering by jurisdiction, and saving research results

Finding Primary Sources

  • Constitutions establish the fundamental principles and framework of a legal system
    • Federal and state constitutions are the highest authority in their respective jurisdictions
  • Statutes are laws enacted by legislative bodies (Congress, state legislatures)
    • Use annotated statutes to find cases interpreting specific sections of a statute
  • Cases are decisions by courts that interpret and apply the law to specific factual situations
    • Published opinions have precedential value and can be cited as legal authority
  • Regulations are rules issued by administrative agencies to implement and enforce statutes
    • Federal regulations are codified in the Code of Federal Regulations (CFR)
  • Use online databases or print sources to find the most current version of a primary source
  • Citation formats (Bluebook, ALWD) ensure proper identification of primary sources
  • Legal encyclopedias (American Jurisprudence, Corpus Juris Secundum) provide overviews of legal topics and cite relevant primary sources
  • Treatises are comprehensive, scholarly works on specific areas of law (Nimmer on Copyright, Prosser and Keeton on Torts)
    • Often cited by courts as persuasive authority
  • Law review articles analyze and critique legal issues, offering in-depth analysis and policy arguments
    • Articles can be found through online databases (HeinOnline) or legal periodical indexes
  • Restatements summarize common law principles in various legal subjects (contracts, torts, property)
    • Drafted by legal scholars and practitioners, Restatements are highly persuasive but not binding authority
  • Practice guides and form books provide practical guidance and sample documents for legal practitioners
  • Use tables of contents, indexes, and keyword searching to find relevant sections in secondary sources
  • Westlaw and LexisNexis are the most comprehensive online legal databases
    • Offer access to primary and secondary sources, as well as news, business, and public records information
  • Bloomberg Law is a newer legal database with a focus on business and financial law
  • Fastcase and Casemaker are lower-cost alternatives with more limited coverage
  • Online databases allow for Boolean searching using connectors (AND, OR, NOT) to refine search results
    • Use quotation marks for exact phrases and parentheses to group search terms
  • Headnotes and Key Numbers (Westlaw) or Headnotes (LexisNexis) summarize key legal points in a case and link to other cases discussing the same issue
  • Citators (KeyCite on Westlaw, Shepard's on LexisNexis) indicate the treatment of a case by later authorities
  • Many databases offer alerts to track new developments in a specific area of law or monitor a particular case

Research Strategies and Techniques

  • Start with secondary sources to gain an overview of the legal issue and identify relevant primary sources
  • Develop a research plan by breaking down the legal question into its component parts
    • Identify key facts, legal concepts, and jurisdiction
  • Use Boolean searching and filtering options to refine search results in online databases
    • Limit by jurisdiction, date range, or document type
  • Monitor the dates of sources to ensure the most current information is being used
  • Take thorough notes and keep track of search history to avoid duplicating efforts
  • Analyze search results for relevance and authority
    • Consider factors such as court level, jurisdiction, and subsequent treatment
  • Update research regularly to account for new developments or changes in the law
  • Proper citation is crucial for legal writing to provide attribution and allow readers to locate the source
  • The Bluebook: A Uniform System of Citation is the most widely used legal citation guide in the U.S.
    • Provides rules for citing various legal sources (cases, statutes, law reviews)
  • The ALWD Guide to Legal Citation is an alternative citation manual used by some law schools and legal professionals
  • In-text citations (within the body of a document) are typically used in legal memoranda and briefs
    • Use italics for case names and abbreviate according to Bluebook rules
  • Footnotes or endnotes are used for longer citations or explanatory information
  • Consult the appropriate citation guide for specific formatting rules based on the type of legal document being prepared

Practical Applications

  • Effective legal research is essential for legal writing tasks (memoranda, briefs, motions)
    • Thorough research ensures arguments are well-supported and authorities are properly cited
  • In legal practice, research skills are critical for advising clients, drafting documents, and preparing for trial
    • Incomplete or outdated research can lead to malpractice claims or sanctions
  • Attorneys must stay current on developments in their practice areas through regular research
    • Use alerts, newsletters, and CLE courses to stay informed
  • Efficient research techniques help manage costs for clients and meet tight deadlines
  • Collaborative research tools (shared folders, research logs) facilitate teamwork on complex legal matters
  • Mastering legal research is a foundational skill for success in law school and legal practice


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© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.
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