Why This Matters
Legal research isn't just about finding cases—it's about building the foundation for every argument you'll ever make in practice. You're being tested on your ability to locate authoritative sources, validate their current status, and synthesize them into persuasive legal analysis. The techniques in this guide connect directly to the core skills assessed in legal writing: understanding the hierarchy of authority, distinguishing binding from persuasive precedent, and constructing arguments grounded in solid research.
Think of research techniques as falling into distinct categories: source identification (knowing where to look), search execution (knowing how to look), validation (confirming what you found is still good law), and synthesis (making sense of it all). Don't just memorize database names or citation formats—understand why each technique matters and when to deploy it. Master these skills, and you'll write with confidence because your research will be bulletproof.
Source Identification: Knowing What You're Looking For
Before you touch a database, you need to understand the legal landscape. Primary sources create law; secondary sources explain it. This distinction determines the weight your authorities carry in any argument.
Understanding Primary and Secondary Sources of Law
- Primary sources—statutes, regulations, and case law—establish binding legal rules and form the backbone of any legal argument
- Secondary sources like legal encyclopedias, treatises, and law reviews provide commentary and analysis but never substitute for primary authority
- Distinguishing between the two is essential because citing secondary sources as binding authority undermines your credibility and weakens your argument
Understanding and Navigating Court Hierarchies
- Vertical stare decisis means decisions from higher courts bind lower courts within the same jurisdiction—know your chain of authority
- Trial courts (district courts, circuit courts) hear cases first; appellate courts review for legal error and create precedent
- Jurisdictional awareness determines whether a case is binding or merely persuasive—a critical distinction for legal writing
Identifying and Using Legal Encyclopedias and Treatises
- Legal encyclopedias (Am. Jur., C.J.S.) provide broad overviews and are ideal starting points for unfamiliar topics
- Treatises offer expert-authored, in-depth analysis—Prosser on Torts, Corbin on Contracts—and carry significant persuasive weight
- Use these strategically to build foundational understanding before diving into primary source research
Compare: Legal encyclopedias vs. treatises—both are secondary sources, but encyclopedias offer breadth while treatises offer depth. When an assignment asks you to "get up to speed quickly," start with an encyclopedia; when you need authoritative scholarly analysis, reach for a treatise.
Search Execution: Finding What You Need
Knowing how to search is just as important as knowing where to search. Effective researchers combine database proficiency with strategic search construction to find relevant authorities efficiently.
Using Legal Databases (Westlaw, LexisNexis)
- Comprehensive access to case law, statutes, regulations, and secondary sources makes databases indispensable for modern legal research
- Master key features—search filters, jurisdiction limiters, date restrictions, and headnote searching—to dramatically improve efficiency
- Cost awareness matters in practice; knowing when to use free resources (Google Scholar, court websites) versus paid databases demonstrates professional judgment
Boolean Search Strategies
- Boolean operators (
AND, OR, NOT) let you control search logic—negligence AND "duty of care" narrows results; attorney OR lawyer broadens them
- Proximity connectors (
/s, /p, /n) find terms within the same sentence, paragraph, or specified number of words—essential for precise searching
- Root expanders and wildcards (
! and *) capture word variations—negligen! finds negligence, negligent, and negligently
Conducting Case Law Research
- Multiple entry points exist: keyword searching, citation lookup, party names, or browsing by topic through digest systems and headnotes
- Analyze opinions systematically—identify the holding, reasoning, relevant facts, and procedural posture for each case
- Track case history (prior and subsequent proceedings) to understand where your case sits in the litigation timeline
Compare: Boolean searching vs. natural language searching—Boolean gives you precise control but requires syntax knowledge; natural language is intuitive but may return less targeted results. Skilled researchers use both depending on the research stage.
Statutory and Regulatory Research: Beyond Case Law
Legal practice involves far more than common law. Statutes and regulations often control outcomes, and researching them requires distinct techniques from case law research.
Statutory Research Techniques
- Locate statutes by jurisdiction and topic using annotated codes, which include case annotations showing how courts have interpreted provisions
- Understand statutory structure—titles, chapters, sections, and subsections—to navigate complex legislative schemes efficiently
- Legislative intent derived from statutory language, context, and history guides interpretation when text is ambiguous
Researching Legislative History
- Legislative history materials—committee reports, floor debates, hearing transcripts—reveal what legislators intended when drafting statutes
- Committee reports are generally the most authoritative source of legislative intent and are frequently cited by courts
- Use strategically when statutory language is genuinely ambiguous; courts disfavor legislative history when text is clear
Conducting Regulatory Research
- Administrative agencies issue regulations with the force of law—identify which agency governs your issue (EPA, SEC, FDA, etc.)
- Access regulations through the Code of Federal Regulations (CFR), Federal Register, and agency websites for guidance documents and interpretive rules
- Regulatory hierarchy matters: statutes authorize agencies, which issue regulations, which are interpreted through guidance—know the chain
Compare: Statutory research vs. regulatory research—both involve enacted law, but statutes come from legislatures while regulations come from executive agencies. When an issue involves agency action, you'll likely need both the enabling statute and the implementing regulations.
Validation: Confirming Your Authorities Are Good Law
Finding a case isn't enough—you must verify it hasn't been overruled, distinguished, or superseded. Citing bad law is one of the most damaging mistakes a legal writer can make.
Shepardizing Cases and Statutes
- Citator services (Shepard's on Lexis, KeyCite on Westlaw) reveal a case's subsequent history—has it been affirmed, reversed, overruled, or criticized?
- Treatment indicators (red flags, yellow flags) provide quick visual cues about a case's current validity and reliability
- Citing references show every subsequent case that has cited your authority, helping you find additional relevant precedent and understand doctrinal development
Evaluating the Authority and Relevance of Legal Sources
- Hierarchy of authority determines weight: constitutional provisions trump statutes, which trump regulations, which trump case law interpreting them
- Jurisdictional relevance is critical—a binding case from your jurisdiction outweighs a persuasive case from another, regardless of how well-reasoned
- Recency and citation frequency indicate whether an authority represents current law or has been superseded by doctrinal developments
Compare: Shepardizing vs. KeyCite—both are citator services that verify case validity, but they're platform-specific (Shepard's for Lexis, KeyCite for Westlaw). Learn both, as different employers and courts may have different database subscriptions.
Synthesis and Application: Putting It All Together
Research isn't complete until you've transformed raw sources into coherent legal analysis. These skills bridge the gap between finding law and using law effectively.
- Evaluate relevance by asking: Does this source address my specific legal question? Is it from a binding jurisdiction?
- Synthesize across sources to identify legal rules, show how courts have applied them, and demonstrate where your case fits
- Critical analysis means recognizing tensions between authorities, identifying trends, and anticipating counterarguments
Utilizing Law Review Articles and Scholarly Sources
- Law review articles offer in-depth analysis of legal issues, often proposing novel arguments or critiquing existing doctrine
- Author credibility matters—articles by recognized scholars or practitioners carry more persuasive weight than student notes
- Use strategically for policy arguments, historical context, or when advocating for legal change—but remember they're secondary authority
Utilizing Legal Citation Systems (Bluebook)
- Proper citation format signals professionalism and allows readers to locate and verify your sources quickly
- Master the basics—case citations (party names, reporter, court, year), statutory citations (code, section, year), and signal usage (see, cf., but see)
- Accuracy is non-negotiable—citation errors undermine credibility and may cause readers to question your substantive analysis
Compare: Law review articles vs. practice guides—both are secondary sources, but law reviews focus on scholarly analysis and legal theory while practice guides emphasize practical application and procedure. Choose based on whether you need academic depth or real-world guidance.
- Practice guides provide jurisdiction-specific procedural guidance, checklists, and strategic advice for handling particular case types
- Form books contain templates for pleadings, motions, contracts, and other legal documents—essential for understanding professional conventions
- Practical application bridges the gap between knowing the law and implementing it effectively in legal documents
Quick Reference Table
|
| Primary Sources | Statutes, regulations, case law, constitutions |
| Secondary Sources | Treatises, legal encyclopedias, law review articles |
| Database Search Techniques | Boolean operators, proximity connectors, natural language |
| Validation Tools | Shepard's Citations, KeyCite, case history tracking |
| Statutory Interpretation Aids | Annotated codes, legislative history, committee reports |
| Regulatory Research | CFR, Federal Register, agency guidance documents |
| Practical Resources | Practice guides, form books, CLE materials |
| Citation Authority | Bluebook, ALWD Guide, jurisdiction-specific rules |
Self-Check Questions
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What distinguishes a binding authority from a persuasive authority, and how does court hierarchy affect this distinction?
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Compare Shepardizing a case with conducting a legislative history search—what different purposes does each serve, and when would you use each technique?
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If you're researching an unfamiliar area of law, which secondary sources would you consult first, and why might you choose a legal encyclopedia over a treatise (or vice versa)?
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How do Boolean search strategies differ from natural language searching, and in what research situations might each approach be more effective?
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A partner asks you to verify that a statute you've cited is still good law and hasn't been amended or interpreted in unexpected ways. What steps would you take, and what resources would you consult?