Preliminary research

Definition

Preliminary research refers to the initial phase of investigation undertaken to gather basic information and context about a legal issue or topic. This type of research is essential for identifying relevant legal principles, statutes, and case law before delving deeper into more specific legal inquiries. By utilizing resources like legal encyclopedias and treatises, preliminary research helps lay the groundwork for comprehensive legal analysis and informed decision-making.

5 Must Know Facts For Your Next Test

1. Preliminary research helps to identify key legal issues, relevant statutes, and case law that inform further investigation.
2. Legal encyclopedias and treatises are primary tools for conducting preliminary research, providing summaries and explanations of legal concepts.
3. This type of research is usually broad and exploratory, designed to frame the legal question before focusing on detailed analysis.
4. Preliminary research can help pinpoint areas where further investigation is necessary or where existing knowledge may be lacking.
5. Engaging in thorough preliminary research can save time and resources later by ensuring that subsequent inquiries are directed towards pertinent legal information.

Review Questions

• How does preliminary research support the process of narrowing down specific legal issues?
  • Preliminary research supports the process of narrowing down specific legal issues by providing a foundational understanding of the broader legal context surrounding a topic. By utilizing resources like legal encyclopedias and treatises, individuals can identify key principles, relevant statutes, and pertinent case law. This initial phase helps researchers focus their inquiries on specific aspects of the law that require deeper exploration, ensuring that they efficiently address the most critical elements of their legal questions.
• In what ways do legal encyclopedias enhance the effectiveness of preliminary research?
  • Legal encyclopedias enhance the effectiveness of preliminary research by offering comprehensive summaries and overviews of various areas of law, which serve as starting points for further inquiry. They organize complex legal topics in an accessible manner, making it easier for researchers to locate relevant information quickly. Additionally, these resources often cite primary sources, including statutes and case law, which can guide further investigation and support a more robust understanding of specific legal issues.
• Evaluate the impact of thorough preliminary research on subsequent stages of legal analysis and decision-making.
  • Thorough preliminary research has a significant impact on subsequent stages of legal analysis and decision-making by establishing a solid foundation of knowledge about relevant laws and issues. When researchers engage in comprehensive preliminary research, they can better identify gaps in information or areas that require more focused exploration. This proactive approach not only streamlines the analysis process but also enhances the quality of conclusions drawn and decisions made, leading to more effective legal strategies and outcomes.

Related terms

Legal encyclopedias: Comprehensive reference works that summarize legal principles and provide an overview of various areas of law, often used in preliminary research.

Treatises:

Scholarly written works that provide in-depth analysis and commentary on specific areas of law, serving as valuable resources during preliminary research.

Case law: Law established by the outcome of former court cases, which can be an important element of preliminary research in understanding how laws are applied.