Introduction:
Legal research is the process of identifying and retrieving information necessary to support legal decision-making. Whether you’re a lawyer preparing for a case, a student working on a legal assignment, or an individual trying to understand the law on a particular issue, conducting thorough legal research is essential for gathering facts, interpreting laws, and applying legal principles accurately. This guide will break down the essential steps, tools, and resources involved in legal research.
What is Legal Research?
Legal research involves gathering and analyzing various sources of law, including statutes, case law, regulations, and legal precedents, to answer legal questions or resolve disputes. The objective of legal research is to find authoritative, reliable, and relevant information that helps to inform decisions about the application of law.
Legal research is essential for:
Attorneys: To prepare for court cases, legal briefs, and consultations.
Judges: To apply the law accurately in rulings.
Law Students: To understand the practice of law and build academic arguments.
Individuals: To understand legal rights and obligations on personal matters, like contracts or family law.
Types of Legal Sources
www.lawbugs.com involves consulting several primary sources, each serving a unique purpose. Understanding these sources is crucial for efficient research:
Primary Sources of Law:
Constitutions: The foundational laws that define a country or state’s legal system (e.g., the U.S. Constitution).
Statutes: Written laws enacted
legislatures, such as federal, state, or local laws (e.g., the Civil Rights Act).Case Law (Judicial Precedent): Decisions made
courts that interpret statutes and regulations, serving as binding or persuasive precedents in future cases (e.g., Supreme Court decisions).Regulations: Rules made
administrative agencies based on statutory laws, like those issued the Environmental Protection Agency (EPA).Executive Orders: Directives issued
the president or governor with the force of law.
Secondary Sources of Law: Secondary sources are materials that interpret, explain, or analyze primary legal sources. While they aren’t legally binding, they can provide valuable insight and guide your research:
Legal Encyclopedias: Summaries of broad legal topics (e.g., Corpus Juris Secundum or American Jurisprudence).
Treatises and Textbooks: In-depth analyses of specific legal subjects.
Law Reviews and Journals: Scholarly articles that discuss and critique aspects of law.
Legal Commentaries: Detailed explanations or discussions about the law.
Practice Guides: Practical advice and procedural guidelines for lawyers on specific legal matters.
Steps in Legal Research
Conducting legal research effectively involves several structured steps. Below is a step-
-step guide to help you navigate the process:1. Identify the Legal Issue
The first step in legal research is to clearly define the legal issue or question you are trying to address. This is critical because it will determine what sources you need to consult and the specific jurisdiction you need to focus on. Ask questions like:
What is the legal problem or dispute?
What area of law does it relate to (e.g., criminal, family, contract, employment)?
What is the applicable jurisdiction (federal, state, international)?
2. Gather Background Information
Before diving into primary sources, it’s helpful to gather general background information on the legal issue. You can begin
consulting secondary sources like legal encyclopedias, law review articles, and treatises. These will give you a broader understanding of the issue and help you determine the key terms, legal principles, and relevant jurisdictions.3. Find Relevant Statutes and Regulations
Next, search for the applicable statutes and regulations that govern the legal issue. Statutes can be found through:
Government Websites: Federal and state websites (e.g., Congress.gov for U.S. federal laws).
Legal Databases: Resources like LexisNexis, Westlaw, or Justia allow users to search for statutes
keyword, jurisdiction, or date.Law Libraries: Many law libraries provide access to comprehensive collections of statutes and regulations.
4. Search for Relevant Case Law
After identifying the relevant statutes and regulations, the next step is to find case law that interprets or applies those laws. Case law is often more nuanced and may help you understand how the law has been applied in different circumstances.
Steps for case law research:
Use legal databases (like Westlaw, LexisNexis, or Bloomberg Law) to search for case law. Most databases allow you to filter results
jurisdiction, date, and court level (e.g., trial court, appellate court, or supreme court).Look for precedent cases that are similar to the issue at hand.
Read headnotes or summaries to quickly determine the case’s relevance.
5. Check for Recent Legal Developments
Law is constantly evolving, so ensure you are up-to-date on the latest case law and statutory changes. Legal research should be an ongoing process, especially when preparing for a trial or writing a legal brief. Review:
Court decisions: Search for any recent rulings that might have overturned or modified previous precedent.
Legislative updates: Keep an eye on new laws, amendments, or executive orders that affect the issue you are researching.
6. Organize Your Findings
Once you’ve gathered your research, organize it in a way that helps you clearly see how it applies to the legal issue. This might involve:
Citing sources: Properly cite your primary and secondary sources to ensure accuracy and reliability.
Briefing cases: Summarize key points of case decisions, including the legal issue, court’s decision, and how it relates to your case or research.
Creating an outline: Organize the statutes, regulations, and cases into a logical flow to build your legal argument.
7. Analyze and Apply the Law
After conducting research, carefully analyze how the law applies to your situation. The analysis involves evaluating:
Precedent: Does case law support your argument or provide a useful analogy?
Statutory interpretation: How do statutes and regulations apply to the facts?
Policy considerations: What are the broader implications of the legal issue you are addressing?
Use this analysis to form your conclusion, write your legal opinion, or prepare your case.
Legal Research Tools
Various tools can help you conduct effective legal research. Some of the most commonly used tools include:
Westlaw: One of the most widely used legal research platforms, offering comprehensive case law, statutes, and secondary sources.
LexisNexis: Another major legal database providing access to a vast collection of primary and secondary legal sources.
Bloomberg Law: Offers legal research tools, news, and insights into regulatory and litigation matters.
Google Scholar: A free resource that provides access to a limited set of legal cases and articles, which can be a good starting point for preliminary research.
Justia: A free legal resource for accessing case law, statutes, and other legal documents.
Cornell Law School’s Legal Information Institute (LII): A free online resource for finding statutes, regulations, and case law.
Conclusion
Legal research is a crucial skill for anyone involved in the legal field, whether you’re an attorney preparing for a case, a student working on an assignment, or an individual trying to understand the law. By following the correct steps—identifying the issue, gathering relevant statutes and case law, analyzing legal precedents, and using appropriate tools—you can ensure that your legal research is thorough, accurate, and effective.
While it may seem complex at first, with practice and proper resources, you’ll be able to navigate the world of legal research confidently. If needed, don’t hesitate to seek help from a legal professional to guide you through the more intricate aspects of the law.
