Legal Research Basics
- Step 1: Preliminary Analysis Identify / Clarify: Relevant and material facts (Who? What? Where? ...
- Step 2: Create a Research Plan Decide where to begin (usually secondary sources) ...
- Step 3: Consult Secondary Sources To understand the area of law ...
- Step 4: Search for Authority – Statutes, Regulations, and Cases ...
- Step 5: Evaluate Your Search Strategy and Results As You Go ...
- Step 6: Update & Final Check ...
How to start a legal research?
- Read some legal pieces of research. If you are a novice in legal research, looking through the studies of lawyers or scholars will ease the task. ...
- Use some effective research methods. This kind of work requires more than Google. ...
- Outline all the found information. ...
What is the importance of legal research?
Legal research is important for the following reasons: a) Discovery: Research is all about discovery. Through research, the law student or the lawyer discovers new arguments, legal provisions, positions on relevant topics, and new ways of doing things. Research can also reveal new
How to start the research process?
- Do a Pre-Acquisition Cultural Assessment. ...
- Develop an Onboarding Roadmap. ...
- Optimize Your Processes. ...
- Articulate Your Core Values. ...
- Don’t Cut Salaries, Benefits and Freedom. ...
- Set Long-Term Goals for Each Employee. ...
- Remember to Collect Feedback. ...
- TAKEAWAYS. ...
What are legal research skills?
Research Skills Lawyers are very good at tracking down answers—it’s what you get paid to do as an attorney. Excellent research abilities come in handy in almost all jobs these days, whether you need to track down the ingredients for a fancy cupcake recipe or figure out if the name of your company’s new product is offensive in a foreign ...
What are the steps in the legal process?
Investigation.Charging.Initial Hearing/Arraignment.Discovery.Plea Bargaining.Preliminary Hearing.Pre-Trial Motions.Trial.More items...
What do you do in legal research?
Legal research is the process of uncovering and understanding all of the legal precedents, laws, regulations, and other legal authorities that apply in a case and inform an attorney's course of action.
What is legal research and types of legal research?
Quantitative and Qualitative legal researchOn the basis ofQuantitative legal researchQualitative legal researchMethods usedQuestionnaires, surveys, structured interviews, and experiments.Participant surveys, unstructured interviews, and life histories.1 more row•Nov 19, 2021
What are the sources for legal research?
The four primary sources are constitutions, statutes, cases, and regulations. These laws and rules are issued by official bodies from the three branches of government.
What are the 5 stages of legal research?
Steps in Legal ResearchBeginning of a Research Project.Selection of a Research Topic.Justification, Purpose, and Relevance of Research.Designing Research Question.Formulation of Hypothesis.Literature Review.Outline of Research.Conceptual and Theoretical Framework of Research.More items...
What are the four steps in the legal research process?
Legal Research BasicsIntroduction.Step 1: Preliminary Analysis.Step 2: Create a Research Plan.Step 3: Consult Secondary Sources.Step 4: Search for Authority – Statutes, Regulations, and Cases.Step 5: Evaluate Your Search Strategy and Results As You Go.Step 6: Update & Final Check.
What are the 4 types of research methods?
Data may be grouped into four main types based on methods for collection: observational, experimental, simulation, and derived.
What is the importance of legal research?
Legal research is an essential and necessary tool for individual lawyers (advocates) and law firms disregarding their practice areas. In the matter of question or doubt related to any case, it helps in the essential search of the case.
Which of the following is purpose of legal research?
research design Which of the following is the purpose of legal research? Ascertaining the Law.
What is meant by legal research?
Legal research is "the process of identifying and retrieving information necessary to support legal decision-making.
What are the 5 main sources of the law?
The primary sources of lawsources of lawSources of law are the origins of laws, the binding rules that enable any state to govern its territory. The term "source of law" may sometimes refer to the sovereign or to the seat of power from which the law derives its validity.https://en.wikipedia.org › wiki › Sources_of_lawSources of law - Wikipedia in the United States are the United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law.
What are the 4 sources of law?
The four sources of federal and state law are: constitutions; statutes and ordinances; rules and regulations; and. case law.
Is legal research hard?
Legal research itself is not typically that difficult. For small firms, what makes it difficult is the expense. Large firms typically pay more money for better research capabilities, which is something small firms are unable to do.
Why do we need legal research?
What is the Importance of Legal Research? Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.
What are the objectives of legal research?
Objective of Legal ResearchTo discover new facts.To test and verify old facts.To analyze the facts in new theoretical framework.To examine the consequences of new facts or new principles of law; or judicial decisions.To develop new legal research tools or apply tools of other disciplines in the area of law.More items...
What are the qualities of a good legal researcher?
A successful legal researcher distinguishes between ethical and unethical uses of information, and understands the legal issues associated with the discovery, use, or application of information.
What is Legal Research?
Legal research is the process of finding the relevant law and persuasive materials needed to analyze legal issues and advocate for clients.
Legal Research Process Example
It is a good idea to follow a legal research process so you will not miss any legal research steps.
Keeping Track of Your Research - Research Plan
It is always a good idea to follow a written research plan and chart and record your research results as you go.
Finishing Your Research
At some point you must FINISH your research and start writing something or advising your client.
What is legal research?
Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial. Sometimes, legal research can help determine whether a legal issue is a "case of first impression" that is unregulated or lacks legal precedent. Virtually every lawsuit, appeal, criminal case, ...
Why do corporate lawyers conduct legal research?
Similarly, a corporate lawyer may conduct legal research in order to determine whether a proposed new policy would expose the company to liability.
What is legal information?
Virtually every lawsuit, appeal, criminal case, and legal process in general requires some amount of legal research. Legal information is organized into two general categories: Primary Law: Binding law that is codified in statutes, regulations, and caselaw. Secondary Sources: Not legally binding, this type of information explains primary law ...
What is an opinion in a court case?
Terms to Know. Opinion: The formal written expression by a court or judge detailing the reasons and principles of law upon which the case is decided. Parallel Citation: A citation reference to the same case printed in two or more different case reporters.
Do judges write opinions?
Judges often write opinions that aren't exactly easy for non-lawyers to follow. Lawmakers do the same with statutes. If you're researching a legal topic and you've hit a wall, it may be in your best interests to speak with an attorney.
What is legal research?
Legal research includes various processes ranging from information gathering to analyzing the facts of a problem and communicating the investigation results. Meaning of Legal Research Research implies scientific and purposive investigation or inquiry of a problem or issue of any discipline.
What is Legal Research Methodology?
It is vital for a researcher to know the research methodology and understand the underlying methodologies’ assumptions. Researchers also need to know the criteria by which they can decide that certain methodologies will apply to certain problems.
What is normative aspect of legal research?
The normative aspect of legal research implies that; the researcher should not reproduce the text of the law or describe the legal doctrine for theory; rather, he or she should state what ought to be done according to the legal point of view within a particular legal system or how the law to be applied in a particular context.
Why is pure doctrinal research criticized?
In recent times, pure doctrinal legal research has been criticized for its rigidity, narrower scope, and inflexibility to address diverse contexts m which legal issues or situations arise and operate .
Why is methodology important in research?
The methodology is also an important way to gam reliable and valid knowledge and explore the relationship between theory and practice.
What do lawyers do in everyday practice?
In everyday exercise, lawyers have to identify and analyze factual material, identify the legal context in which factual issues arise, identify legal issues and apply relevant legal provisions to facts. They have to relate the central legal and factual issues to each other and identify the legal, factual, and other issues presented by documents.
Why do researchers use statistical methods?
Because, in quantitative research, researchers use an array of statistical methods and generalizations to determine the meaning of data. It has been the dominant strategy for conducting socio-legal research. Quantitative methods often test or verify the existing theories or hypotheses.
What is logging research?
Logging your research will ensure that you do not miss sources and can explain your research strategy, which you may be asked to do. Researchers can keep logs on paper, in folders on Westlaw or Lexis, or in another online citation management platform. If playback doesn't begin shortly, try restarting your device.
How to search for case law?
You can browse and search for case law in the same way you search for primary sources: by subject, with a citation, or using keywords. To maximize your efficiency use a secondary source to identify important cases that you can use as a foundation for your research.
How are restatements organized?
Restatements are organized into chapters, titles, and sections. Sections contain a concisely stated rule of law, comments to clarify the rule, hypothetical examples, explanation of purpose, as well as exceptions to the rule. To access restatements visit: American Law Institute Library on HeinOnline.
What is legal dictionary?
Legal dictionaries are similar to other dictionaries that you are likely familiar with, and have used in the past. Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.
What is legal question?
Understanding the Legal Questions. A legal question often originates in the form of a problem or a story about a series of events. In law school, these appear as fact patterns. In practice, this may come in the form of an assignment from a manager or an interview with a potential client. Start by doing the following:
Why use secondary sources?
Secondary sources often explain legal principles more thoroughly than a single case or statute, so using them can help you save time.
What is regulation in law?
Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations, but many areas of law are affected by regulations, so make sure not to skip this step in the research process if they are relevant to your question.
When to stop researching legal issues?
A good rule of thumb for when to stop researching a legal issue is when you keep finding the same resources. At that point, you will probably not be learning anything new. And, if you have used the search tools and strategies suggested in this guide, you should feel confident that you have conducted a thorough search.
What is a legal guide?
This guide is designed to serve as a reference and training tool for locating the law (statutes, regulations, and cases) and secondary sources (legal encyclopedias, books/treatises, and articles, etc.) on a particular legal issue.
What is the primary authority of law?
The main goal of legal research is to find primary mandatory authority, which is the law from the highest authority, local, state or federal, that controls your legal issue. Persuasive authority includes primary authority (law) from another jurisdiction, decisions from lower courts within your jurisdiction, and all secondary authority (non-law).
What happens after you learn about the resources available to you and how to find them?
After you learn about the resources available to you and how to find them, you will be ready to develop and implement your research plan.
How to feel more confident in your research?
One way to feel more confident in your research is to consult a secondary source on the topic. This guide covers how to locate relevant secondary sources including books and treatises, legal encyclopedias, and law review articles in print and online. It also suggests specific resources for researching common legal topics.
Introduction
Whenever you conduct legal research, it is essential that you follow a process. Many researchers simply throw words into Westlaw or Lexis+ and try their best to sift through the thousands of results, without first coming up with a research plan. They end up lost, confused, and frustrated.
Step 5: Evaluate Your Search Strategy and Results As You Go
Add more terms, use more specific terms, set filters, adjust proximity connectors (e.g., AND instead of OR, /s instead of /p)
What is legal research?
Legal research is the process of uncovering and understanding all of the legal precedents, laws, regulations, and other legal authorities that apply in a case and inform an attorney’s course of action.
What if I’m new to the practice area or specific legal issue?
Start instead with secondary sources, which often provide a prevailing statement of the law for a specific topic. These sources will save time and orient you to the area of the law and key issues.
How to find relevant authority in Bloomberg Law?
Try using a tool that helps you find additional relevant case law. When you find relevant authority, use BCITE on Bloomberg Law to find all other cases and/or sources that cite back to that case. When in BCITE, click on the Citing Documents tab, and search by keyword to narrow the results. Alternatively, you can use the court’s language or ruling to search Points of Law and find other cases that addressed the same issue or reached the same ruling.
How to use litigation analytics?
To start, under Litigation Analytics, leverage the Attorney tab to view case history and preview legal strategies the opposition may practice against you. Also, within Litigation Analytics, use the Court tab to get aggregate motion and appeal outcome rates across all federal courts, with the option to run comparisons across jurisdictions, and filter by company, law firm, and attorney.
How difficult is it to keep pace with legal developments?
As laws evolve across jurisdictions, it can be a difficult to keep pace with every legal development. Equally daunting is the ability to track and glean insights into stakeholder strategies and legal responses. Without quick and easy access to the right tools, the legal research upon which case strategy hinges may face cost, personnel, and litigation outcome challenges.
What is Bloomberg Law?
Bloomberg Law’s artificial intelligence-driven tools drastically reduce the time to perform legal research. Whether you seek quick answers to legal research definitions, or general guidance on the legal research process, Bloomberg Law’s Core Litigation Skills Toolkit has you covered.
Why do we use dockets?
For example, if you are considering filing a particular type of motion, such as a sanctions motion, you can use dockets to help determine how frequently your judge grants sanctions motions. You can also use dockets to see how similar cases before your judge proceeded through discovery.
Legal Research Definition
Dimensions of Legal Research
- Legal research has two fundamental dimensions creative and non-normative. Legal research is creative because it entraps interpret theories, concepts, rules, or rules, creates new knowledge, or enriches existing knowledge. Legal research is also normative as it establishes the norms that apply to a particular legal system. The normative aspect of legal research implies that; the resea…
Importance of Legal Research
- Legal research is also necessary for ascertainment of law on a given topic or subject, to highlight ambiguities and inbuilt weaknesses of law, and to critically examine legal provisions, principles, or doctrines to see consistency, coherence, and stability of law, to make suggestions for reform of the law. Legal research is an important element of the modem system of legal education. Legal …
Legal Research Examples
- For example, let’s take the juvenile justice system of India and compare the same with that the USA. In this paper, the diversion and alternative measures of the juvenile justice system of the USA and India have been discussed to get an idea about how the philosophy of juvenile justice is functioning in a democratic country with different cultures like the USA and a developing countr…