Legal research might sound intimidating, but at its core, it's a systematic process of finding and analyzing information relevant to a legal issue. Whether you're a seasoned lawyer or a curious student, understanding the fundamentals is crucial. This guide provides a concise overview of the process, breaking it down into manageable steps.
Understanding the Legal Research Process
Effective legal research isn't about simply Googling your question. It's a structured approach involving several key stages:
1. Identifying the Key Issues and Facts
Before diving into databases, clearly define the legal problem. What specific questions need answering? What are the crucial facts of the case? This foundational step prevents wasted time chasing irrelevant information. For example, instead of broadly researching "contract law," specify the issue: "breach of contract due to non-performance in a construction agreement."
2. Choosing the Right Research Tools
Legal research tools vary widely. Understanding their strengths and weaknesses is key. Common resources include:
- Primary Sources: These are the original sources of law, carrying the most weight. Examples include:
- Statutes: Laws passed by legislatures.
- Constitutions: Fundamental governing documents.
- Case Law: Court decisions.
- Administrative Regulations: Rules created by government agencies.
- Secondary Sources: These offer analysis and commentary on the law. They can help you understand primary sources better but aren't legally binding. Examples include:
- Treatises: In-depth scholarly works on specific areas of law.
- Law Reviews: Academic journals featuring legal scholarship.
- Restatements of the Law: Summaries of common law rules.
- Legal Encyclopedias: Comprehensive summaries of legal topics.
3. Conducting the Research
This stage involves systematically searching through your chosen resources. Effective search strategies are vital. Learn to use keywords effectively, Boolean operators (AND, OR, NOT), and advanced search techniques specific to each database.
4. Analyzing and Synthesizing Information
Once you've gathered information, critically analyze it. Does the information support your initial assumptions? Are there contradictory findings? Synthesize your findings into a coherent narrative that answers your initial questions.
5. Citing Your Sources
Proper citation is crucial for maintaining academic integrity and demonstrating the credibility of your research. Familiarize yourself with a recognized citation style (e.g., Bluebook, ALWD).
Key Considerations for Effective Legal Research
- Jurisdiction: The location (state or federal) significantly impacts the applicable law. Research must be focused on the relevant jurisdiction.
- Updating your research: Laws and case law constantly evolve. Ensure your sources are current.
- Shepardizing/Keyciting: These are tools that verify the continued validity of case law, checking for subsequent cases that have overruled or modified prior decisions.
Legal Research Resources: A Quick Overview
Many online databases provide access to legal materials. Some common ones include Westlaw, LexisNexis, and Fastcase. Your local law library may also offer valuable resources. Note that many of these require subscriptions or access through academic institutions.
Conclusion: Mastering Legal Research
Legal research is a skill developed over time. By consistently practicing these steps and utilizing available resources, you can improve your ability to effectively navigate the complex world of legal information. Remember that seeking guidance from experienced legal professionals is always a valuable option when facing challenging research tasks.
