Essential Legal Research Techniques to Know for Legal Method and Writing

Legal research techniques are essential for mastering legal method and writing. Understanding primary and secondary sources, utilizing databases, and conducting thorough case and statutory research are key skills. These techniques help build strong legal arguments and enhance overall writing quality.

1. Understanding primary and secondary sources of law

   • Primary sources include statutes, regulations, and case law that establish legal rules.
   • Secondary sources provide commentary, analysis, and interpretation of primary law, such as legal encyclopedias and treatises.
   • Distinguishing between the two is crucial for effective legal research and argumentation.

2. Using legal databases (e.g., Westlaw, LexisNexis)

   • Legal databases offer comprehensive access to case law, statutes, and secondary sources.
   • Familiarity with database features, such as search filters and citation tools, enhances research efficiency.
   • Understanding subscription models and access limitations is important for effective use.

3. Conducting case law research

   • Identify relevant cases by using keywords, citations, or party names.
   • Analyze case opinions for legal principles, facts, and judicial reasoning.
   • Keep track of case history and subsequent treatment to understand the case's current standing.

4. Statutory research techniques

   • Locate statutes by jurisdiction, topic, or citation using legal databases or print resources.
   • Understand the structure of statutes, including sections, subsections, and annotations.
   • Review legislative intent and context to interpret statutory language accurately.

5. Utilizing legal citation systems (e.g., Bluebook)

   • Master the rules of citation to ensure proper attribution of legal sources.
   • Familiarize yourself with the format for citing cases, statutes, and secondary sources.
   • Accurate citations enhance the credibility and professionalism of legal writing.

6. Boolean search strategies

   • Use Boolean operators (AND, OR, NOT) to refine search results in legal databases.
   • Combine keywords effectively to narrow or broaden search parameters.
   • Understanding search syntax improves the precision of legal research.

7. Shepardizing cases and statutes

   • Use Shepard's Citations to verify the validity and subsequent treatment of legal authorities.
   • Identify cases that have cited a particular case or statute to understand its impact.
   • Shepardizing helps ensure that the legal authority is still good law.

8. Analyzing and synthesizing legal information

   • Evaluate the relevance and authority of legal sources in relation to your research question.
   • Synthesize information from multiple sources to form a cohesive legal argument.
   • Critical analysis of legal principles is essential for effective legal writing.

9. Identifying and using legal encyclopedias and treatises

   • Legal encyclopedias provide broad overviews of legal topics and can guide further research.
   • Treatises offer in-depth analysis and are often authored by experts in specific areas of law.
   • Use these resources to gain foundational knowledge and context for legal issues.

10. Researching legislative history

    • Legislative history includes documents such as bills, committee reports, and floor debates.
    • Understanding legislative intent can clarify ambiguous statutory language.
    • Use legislative history to support arguments regarding the interpretation of statutes.

11. Utilizing law review articles and other scholarly sources

    • Law review articles provide in-depth analysis and critique of legal issues and developments.
    • Scholarly sources can offer unique perspectives and support legal arguments.
    • Evaluate the credibility and relevance of articles based on the author's expertise and publication.

12. Understanding and navigating court hierarchies

    • Familiarize yourself with the structure of the court system, including trial and appellate courts.
    • Understand the jurisdiction and authority of different courts to determine where to file cases.
    • Recognize how decisions from higher courts bind lower courts within the same jurisdiction.

13. Identifying and using practice guides and form books

    • Practice guides provide practical advice and procedural information for legal practice.
    • Form books contain templates and examples of legal documents for various legal processes.
    • These resources are essential for understanding practical applications of legal principles.

14. Conducting regulatory research

    • Identify relevant administrative agencies and their regulations affecting specific legal issues.
    • Use agency websites and legal databases to access regulations, guidance documents, and rulings.
    • Understanding the regulatory framework is crucial for compliance and legal analysis.

15. Evaluating the authority and relevance of legal sources

    • Assess the credibility of sources based on authorship, publication, and citation frequency.
    • Determine the jurisdictional relevance of legal sources to your specific research question.
    • Prioritize primary sources over secondary sources for authoritative legal arguments.