1.2 Overview of Legal Research Process and Strategies
4 min read•august 15, 2024
Legal research is a crucial skill for any law student or lawyer. It's all about finding the right information to solve legal problems. The process involves several key steps, from defining the issue to analyzing and synthesizing your findings.
When researching, it's important to use both primary and effectively. are the actual laws, while secondary sources help you understand and interpret them. Developing good and knowing when you've found enough information are essential for success.
Legal Research Process
Steps in the Legal Research Process
Top images from around the web for Steps in the Legal Research Process
Preliminary Research Strategies | Guide to Writing View original
Is this image relevant?
Research Process - Jump Start Your Research! - Research Guides at Vanderbilt University View original
Is this image relevant?
Home - Research help - Research Guides at Clackamas Community College View original
Is this image relevant?
Preliminary Research Strategies | Guide to Writing View original
Is this image relevant?
Research Process - Jump Start Your Research! - Research Guides at Vanderbilt University View original
Is this image relevant?
1 of 3
Top images from around the web for Steps in the Legal Research Process
Preliminary Research Strategies | Guide to Writing View original
Is this image relevant?
Research Process - Jump Start Your Research! - Research Guides at Vanderbilt University View original
Is this image relevant?
Home - Research help - Research Guides at Clackamas Community College View original
Is this image relevant?
Preliminary Research Strategies | Guide to Writing View original
Is this image relevant?
Research Process - Jump Start Your Research! - Research Guides at Vanderbilt University View original
Is this image relevant?
1 of 3
- Define the legal issue or question clearly
- Identify key facts, parties involved, , and area of law
- Conduct preliminary research using secondary sources
- Gain background information on legal topics and terminology (, treatises, practice guides)
- Analyze secondary sources to identify relevant primary law
- Look for constitutional provisions, , , and case law that address the legal question
- Search for primary law using
- Use annotated statutes, case digests, and case law databases
- Focus on finding the most current, applicable primary law in the relevant jurisdiction
- Read and analyze located primary law for relevance
- Determine if the law applies to the specific facts and issues of the legal question
- Take notes and record citations for relevant sources
- Update primary law using citators (Shepard's or KeyCite)
- Ensure the law is still valid and identify more recent sources on the topic
- Organize and synthesize relevant research results
- Formulate an analysis and conclusion on the original legal issue or question
Documenting and Organizing Legal Research
- Keep a or diary
- Document research strategies, sources consulted, key search terms, and citations
- Use a consistent
- Utilize legal pads, online documents, or research management software
- Organize ideas and research results in a structured manner
- Analyze located sources for relevance, authority, and currentness
- Separate sources into tiers of relevance and importance as research progresses
- into an outline
- Include key points, relevant primary law, and secondary source support
- Use the outline to draft the final legal analysis or work product
- Reflect on whether the research adequately addresses the original legal question
- Identify any or remaining unanswered aspects of the issue
- Proofread and update citations before submitting the final work product
- Double check quotations, page numbers, and Bluebook formatting
Primary vs Secondary Sources
Characteristics of Primary Sources
- Official, authoritative pronouncements of the law
- Made by governmental bodies or officials (legislatures, courts, administrative agencies)
- Examples of primary sources
- Constitutions, statutes/codes, regulations, court decisions/case law, executive orders
- Binding legal authority within the relevant jurisdiction
- Must be followed by individuals and courts in that jurisdiction
Characteristics of Secondary Sources
- Provide commentary, analysis, or restatements of primary law
- Not legally binding themselves
- Examples of secondary sources
- Legal encyclopedias, treatises, practice guides, law review articles, legal dictionaries, American Law Reports (ALR)
- Useful for background knowledge and identifying relevant primary sources
- Provide expert analysis and interpretation of primary law on a topic
- Can be persuasive to courts, but are not mandatory authority
- Well-respected treatises or restatements may be especially persuasive
Research Strategies for Legal Information
Planning and Conducting Efficient Legal Research
- Develop a and timeline
- Base it on the complexity of the legal issue and project deadlines
- Break the research down into manageable steps
- Start with secondary sources for a broad understanding
- Identify key terms, relevant primary sources, and jurisdiction before researching primary law
- Utilize tools to quickly locate relevant information
- Use the index, table of contents, and headnotes/key numbers in print or online sources
- Take advantage of Boolean operators, proximity connectors, and wildcards when searching legal databases
- Focus on binding primary law from the relevant jurisdiction first
- Expand to persuasive primary law from other jurisdictions if needed
- Use headnotes, key numbers, and citing references to find additional relevant cases
- One relevant case can lead to others on the same topic
- Prioritize the most recent primary and secondary sources
- Ensure the law is up to date, then work backwards chronologically as needed
Determining When Legal Research is Sufficient
- Look for consistency across multiple sources
- Relevant primary law should address key aspects of the legal issue
- Assess whether research adequately answers the original question
- Identify any gaps or remaining unanswered aspects of the issue
- Consider project deadlines and diminishing returns
- Determine when additional research is unlikely to yield significant new information
Systematic Approach to Legal Research
Creating a Research Plan and Timeline
- Define the specific issue statement
- Include jurisdiction, parties involved, key facts, and known relevant sources
- Develop a timeline with deadlines for each research step
- Include the deadline for the final work product
- Allow time for reflection and revision
- Build in time to assess gaps in research or refine analysis
Documenting and Organizing Research Results
- Maintain a research log or diary
- Record search strategies, databases used, key search terms, and relevant citations
- Use a consistent, organized note-taking method
- Utilize legal pads, digital documents, or research management software
- Categorize and outline key concepts, relevant sources, and potential arguments
- Analyze the authority and relevance of each located source
- Prioritize sources based on importance to the legal issue
- Synthesize research results into a structured outline
- Include key points, relevant quotations and citations, and supporting arguments
- Use the outline as the foundation for the final written analysis or work product
Key Terms to Review (28)
Analogical Reasoning: Analogical reasoning is a cognitive process that involves drawing parallels between two different situations or cases based on their similarities to reach conclusions or make decisions. This type of reasoning is essential in legal contexts as it helps practitioners understand how previously decided cases might apply to current cases, allowing them to formulate arguments and strategies effectively.
Case Law Research: Case law research involves the systematic study and analysis of judicial opinions and decisions made by courts in order to understand legal principles and precedents that apply to specific cases. This type of research is crucial for legal practitioners as it helps them identify how laws have been interpreted and applied in past cases, thereby informing their legal strategies and arguments. By diving into case law, attorneys can uncover binding precedents, persuasive authority, and relevant judicial interpretations that guide their practice.
Citation Management: Citation management refers to the systematic organization and tracking of legal references, ensuring accurate citation and easy retrieval of sources used in legal research. This process is essential in maintaining the integrity of legal documents and arguments, making it easier to reference cases, statutes, and secondary sources effectively. Effective citation management plays a critical role in streamlining the legal research process and can significantly enhance efficiency in the preparation of legal documents.
Conflict of Interest: A conflict of interest occurs when a person's or organization's interests, such as personal, financial, or professional, interfere with their ability to make impartial decisions. This concept is crucial in legal contexts as it can impact the integrity of research, communication with clients, and overall ethical practices in the legal profession.
Gaps in research: Gaps in research refer to the areas or issues within a subject that have not been sufficiently explored or addressed by existing studies and literature. Recognizing these gaps is essential for legal researchers as it helps in identifying opportunities for further inquiry, informs the direction of legal arguments, and enhances the overall quality and relevance of legal research.
Identifying Legal Issues: Identifying legal issues involves recognizing and articulating the specific legal questions or problems that arise from a set of facts. This skill is critical because it lays the foundation for effective legal research and analysis, guiding the researcher to relevant statutes, case law, and legal precedents. Accurate identification of these issues ensures that the legal research process remains focused and relevant, ultimately aiding in the resolution of disputes or the formulation of legal strategies.
Jurisdiction: Jurisdiction refers to the legal authority of a court or other adjudicative body to hear and decide cases, enforce laws, and make legal judgments. It encompasses various types, including personal jurisdiction over individuals, subject matter jurisdiction concerning the nature of the dispute, and territorial jurisdiction based on geographic boundaries. Understanding jurisdiction is essential for effectively navigating the legal landscape and determining where a case should be filed or adjudicated.
Law Reviews: Law reviews are scholarly journals that focus on legal issues, publishing articles, essays, and comments written by legal scholars, practitioners, and students. These publications serve as a critical resource in the legal research process by providing in-depth analysis, commentary on current legal developments, and case law interpretations that can influence legal practice and scholarship.
Legal Encyclopedias: Legal encyclopedias are comprehensive collections of legal information that provide summaries and explanations of various areas of law, often organized alphabetically. They serve as valuable secondary sources for legal research, helping users understand legal principles and concepts while guiding them to primary sources and other relevant materials.
Legal Research Process: The legal research process is a systematic approach to finding and analyzing legal information relevant to a specific legal issue or question. This process involves identifying the legal issues, gathering pertinent laws and cases, evaluating sources for credibility and relevance, and synthesizing the information into a coherent understanding that informs legal arguments or decisions. It connects the intricacies of legal reasoning with the tools and resources necessary to navigate the law effectively.
Legal Research Tools: Legal research tools are resources and instruments used to locate, access, and analyze legal information, including case law, statutes, regulations, secondary sources, and legal commentary. These tools are essential in streamlining the research process, allowing legal professionals and students to efficiently find relevant materials necessary for informed decision-making and effective argumentation.
LexisNexis: LexisNexis is a comprehensive online legal research database that provides access to a vast collection of legal resources, including case law, statutes, regulations, legal journals, and secondary sources. It is a critical tool for legal professionals and students to conduct thorough and efficient research across various areas of law.
Note-taking method: A note-taking method is a systematic approach to recording information in a way that enhances comprehension, retention, and organization. This technique helps individuals efficiently gather and summarize essential details from various sources, making it easier to review and apply the information later, particularly during complex tasks like legal research.
Precedent: Precedent refers to a legal principle or rule established in a previous court decision that is used as an example or authority for deciding similar cases in the future. It plays a crucial role in shaping the law and guiding judges in their rulings, promoting consistency and predictability in legal outcomes.
Primary Sources: Primary sources are original documents or firsthand accounts that provide direct evidence or firsthand testimony about a legal issue, fact, or event. They are essential in legal research as they establish the law and provide a foundation for legal arguments, serving as the most authoritative reference in the legal research process.
Professional responsibility: Professional responsibility refers to the ethical obligations and standards that legal professionals must adhere to in their practice. This encompasses duties like maintaining client confidentiality, providing competent representation, and avoiding conflicts of interest. Upholding professional responsibility is essential in ensuring integrity and trust in the legal profession, guiding how attorneys conduct research, interact with clients, and uphold ethical standards in their work.
Regulations: Regulations are rules or directives made and maintained by an authority, often to implement and enforce laws passed by legislative bodies. They provide specific details on how the broad principles of laws should be carried out in practice, offering guidance for compliance by individuals and organizations. Regulations play a crucial role in shaping the legal landscape, detailing the expectations for behavior and procedures within various industries and sectors.
Research Log: A research log is a systematic record of all the research activities, sources consulted, and insights gained during the legal research process. It helps keep track of the materials reviewed, notes taken, and conclusions drawn, facilitating an organized approach to information management. By maintaining a research log, researchers can efficiently reference previous work, avoid duplicating efforts, and build a clear narrative of their research journey.
Research Outlines: Research outlines are structured frameworks that help organize and guide the legal research process, enabling researchers to effectively plan their approach to finding relevant information. These outlines serve as blueprints that clarify the goals of the research, the sources to be consulted, and the order in which the research should proceed, making it easier to manage complex legal inquiries.
Research Plan: A research plan is a strategic outline that details the steps and resources needed to effectively conduct legal research. It serves as a roadmap, guiding researchers through the process by identifying relevant legal issues, determining appropriate sources, and organizing research activities to ensure thoroughness and efficiency. By developing a clear research plan, one can avoid common pitfalls and streamline the search for information, making it easier to synthesize findings from various resources.
Research Strategies: Research strategies are systematic approaches designed to guide the search for legal information and resources, helping researchers efficiently locate relevant materials. These strategies can include formulating specific research questions, identifying appropriate sources, and determining the best methods for accessing legal databases and libraries, which are crucial in navigating the complexities of legal research.
Research Timeline: A research timeline is a structured plan that outlines the key steps and milestones in the legal research process, helping to manage time effectively while navigating through various stages of research. This timeline connects different phases such as issue identification, information gathering, analysis, and final synthesis, ensuring that the researcher stays organized and on track throughout the entire research journey.
Secondary Sources: Secondary sources are legal materials that interpret, analyze, or summarize primary legal sources, such as statutes, case law, and regulations. They provide context, commentary, and guidance for understanding the law and are often used to support legal arguments or research.
Shepardizing: Shepardizing is the process of using Shepard's Citations or similar citation services to verify the current status and validity of a legal case or statute. This technique helps legal researchers ensure that the law is still good, by checking for subsequent court decisions, amendments, or reversals that might impact the authority of the original case. It's essential for maintaining accurate and reliable legal research.
Statutes: Statutes are written laws enacted by a legislative body, such as Congress or a state legislature. They provide a formal source of law that governs the behavior of individuals and institutions and are essential for understanding legal frameworks and processes. Statutes can be broad or specific and may address various issues, from criminal behavior to civil rights, impacting legal research and practice.
Statutory Interpretation: Statutory interpretation is the process by which courts and legal practitioners determine the meaning of legislation and apply it to specific cases. This involves understanding the language used in statutes, the intent of the lawmakers, and how the statute interacts with existing laws. This process is essential for effective legal research and practice, as it shapes how laws are applied and understood in various legal contexts.
Synthesize research results: To synthesize research results means to integrate, analyze, and interpret findings from various sources to create a comprehensive understanding of a legal issue. This process involves not just summarizing the information but also comparing and contrasting different perspectives, identifying patterns, and drawing conclusions that can inform legal arguments or decisions. Effective synthesis is crucial in the legal research process, as it enables researchers to present a cohesive narrative that supports their position.
Westlaw: Westlaw is a comprehensive online legal research service that provides access to a vast database of legal resources, including case law, statutes, regulations, and secondary sources. It serves as an essential tool for legal professionals, offering features that enhance the research process through advanced search capabilities and detailed analysis.