Legal Research and How to Conduct It
Legal Research and How to Conduct It
Legal research is a crucial aspect of the legal profession. It involves investigating and analyzing legal sources to find relevant information that supports legal arguments, aids decision-making, or provides guidance on legal matters.
Effective legal research requires a systematic approach and the use of various resources specifically tailored to the legal field. Here are some essential steps and techniques to help you conduct thorough legal research:
- Identify and Define the Issue: Before starting your research, clearly identify and define the legal issue or question at hand. This will help you focus your research efforts and avoid unnecessary information.
- Secondary Sources: Begin your research with secondary sources, such as legal textbooks, journals, or encyclopedias. These sources provide an overview of legal concepts, background information, and analysis, making them a great starting point.
- Primary Sources: Move on to primary sources, which include statutes, regulations, case law, and administrative decisions. These sources directly represent the law and are crucial for legal analysis and argumentation.
- Online Legal Databases: Utilize online legal databases that provide access to an extensive collection of legal materials. These databases, like Westlaw or LexisNexis, offer comprehensive search capabilities and advanced research tools.
- Statutory Research: When dealing with statutory law, carefully examine relevant statutes, legislative history, and any amendments or revisions. Understanding the legislative intent behind a law can significantly impact its interpretation.
- Case Law Research: For case law research, read and analyze court opinions related to your legal issue. Look for precedents, reasoning, and how courts have interpreted and applied the law in similar cases.
- Shepardizing or KeyCiting: Shepardize or KeyCite your primary sources to ensure they are still valid and have not been overturned, superseded, or modified. This process helps maintain the accuracy and relevance of your legal research.
- Secondary Authority: Consult additional secondary sources, such as law review articles or legal treatises, to deepen your understanding of the legal issue and explore different scholarly perspectives.
- Organize and Analyze: As you gather information, organize and analyze it effectively. Take detailed notes, highlight key points, and categorize your findings based on their relevance and importance to your case or legal matter.
- Stay Updated: Finally, legal research is an ongoing process. Keep yourself updated with the latest developments in the law by following legal news, attending seminars, and subscribing to relevant publications.
By following these steps and leveraging different legal research resources, you can conduct comprehensive and reliable legal research. Remember, thorough research enhances your legal analysis skills, strengthens your arguments, and ultimately contributes to successful outcomes.