🫥Legal Method and Writing Unit 1 – Legal Research Methods

What's This Unit About?

• Introduces fundamental concepts and tools for conducting effective legal research
• Covers primary sources of law (statutes, cases, regulations) and secondary sources (legal encyclopedias, treatises, law review articles)
• Explores online legal databases (Westlaw, LexisNexis) and their features
  • Includes Boolean searching, filtering results, and using headnotes
• Discusses research strategies for efficiently finding relevant legal authorities
  • Involves developing a research plan and using secondary sources to identify primary sources
• Explains proper citation formats for legal sources (Bluebook, ALWD)
• Emphasizes the importance of thorough legal research for legal writing and practice

Key Legal Research Tools

• Primary sources directly state the law and include constitutions, statutes, cases, and regulations
• Secondary sources explain, analyze, or comment on the law (legal encyclopedias, treatises, law review articles, Restatements)
• Legal citators (Shepard's, KeyCite) help determine if a case is still good law and identify other relevant authorities
  • Use citators to check if a case has been overruled, reversed, or criticized by later cases
• Digests (West Key Number System) organize case law by topic and legal issue for easier searching
• Annotated statutes provide summaries of cases interpreting each section of a statute
• Online legal databases (Westlaw, LexisNexis) offer comprehensive access to primary and secondary sources
  • Databases allow for keyword searching, filtering by jurisdiction, and saving research results

Finding Primary Sources

• Constitutions establish the fundamental principles and framework of a legal system
  • Federal and state constitutions are the highest authority in their respective jurisdictions
• Statutes are laws enacted by legislative bodies (Congress, state legislatures)
  • Use annotated statutes to find cases interpreting specific sections of a statute
• Cases are decisions by courts that interpret and apply the law to specific factual situations
  • Published opinions have precedential value and can be cited as legal authority
• Regulations are rules issued by administrative agencies to implement and enforce statutes
  • Federal regulations are codified in the Code of Federal Regulations (CFR)
• Use online databases or print sources to find the most current version of a primary source
• Citation formats (Bluebook, ALWD) ensure proper identification of primary sources

Navigating Secondary Sources

• Legal encyclopedias (American Jurisprudence, Corpus Juris Secundum) provide overviews of legal topics and cite relevant primary sources
• Treatises are comprehensive, scholarly works on specific areas of law (Nimmer on Copyright, Prosser and Keeton on Torts)
  • Often cited by courts as persuasive authority
• Law review articles analyze and critique legal issues, offering in-depth analysis and policy arguments
  • Articles can be found through online databases (HeinOnline) or legal periodical indexes
• Restatements summarize common law principles in various legal subjects (contracts, torts, property)
  • Drafted by legal scholars and practitioners, Restatements are highly persuasive but not binding authority
• Practice guides and form books provide practical guidance and sample documents for legal practitioners
• Use tables of contents, indexes, and keyword searching to find relevant sections in secondary sources

Online Legal Databases

• Westlaw and LexisNexis are the most comprehensive online legal databases
  • Offer access to primary and secondary sources, as well as news, business, and public records information
• Bloomberg Law is a newer legal database with a focus on business and financial law
• Fastcase and Casemaker are lower-cost alternatives with more limited coverage
• Online databases allow for Boolean searching using connectors (AND, OR, NOT) to refine search results
  • Use quotation marks for exact phrases and parentheses to group search terms
• Headnotes and Key Numbers (Westlaw) or Headnotes (LexisNexis) summarize key legal points in a case and link to other cases discussing the same issue
• Citators (KeyCite on Westlaw, Shepard's on LexisNexis) indicate the treatment of a case by later authorities
• Many databases offer alerts to track new developments in a specific area of law or monitor a particular case

Research Strategies and Techniques

• Start with secondary sources to gain an overview of the legal issue and identify relevant primary sources
• Develop a research plan by breaking down the legal question into its component parts
  • Identify key facts, legal concepts, and jurisdiction
• Use Boolean searching and filtering options to refine search results in online databases
  • Limit by jurisdiction, date range, or document type
• Monitor the dates of sources to ensure the most current information is being used
• Take thorough notes and keep track of search history to avoid duplicating efforts
• Analyze search results for relevance and authority
  • Consider factors such as court level, jurisdiction, and subsequent treatment
• Update research regularly to account for new developments or changes in the law

Citing Legal Sources

• Proper citation is crucial for legal writing to provide attribution and allow readers to locate the source
• The Bluebook: A Uniform System of Citation is the most widely used legal citation guide in the U.S.
  • Provides rules for citing various legal sources (cases, statutes, law reviews)
• The ALWD Guide to Legal Citation is an alternative citation manual used by some law schools and legal professionals
• In-text citations (within the body of a document) are typically used in legal memoranda and briefs
  • Use italics for case names and abbreviate according to Bluebook rules
• Footnotes or endnotes are used for longer citations or explanatory information
• Consult the appropriate citation guide for specific formatting rules based on the type of legal document being prepared

Practical Applications

• Effective legal research is essential for legal writing tasks (memoranda, briefs, motions)
  • Thorough research ensures arguments are well-supported and authorities are properly cited
• In legal practice, research skills are critical for advising clients, drafting documents, and preparing for trial
  • Incomplete or outdated research can lead to malpractice claims or sanctions
• Attorneys must stay current on developments in their practice areas through regular research
  • Use alerts, newsletters, and CLE courses to stay informed
• Efficient research techniques help manage costs for clients and meet tight deadlines
• Collaborative research tools (shared folders, research logs) facilitate teamwork on complex legal matters
• Mastering legal research is a foundational skill for success in law school and legal practice