Key Legal Research Techniques to Know for Intro to Law and Legal Process

Legal research methods are essential for navigating the law. They involve understanding primary and secondary sources, citation formats, and research techniques. Mastering these skills helps in finding reliable legal information and crafting strong arguments in legal writing.

1. 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 law reviews.
   • Understanding the distinction helps in identifying authoritative legal materials for research.

2. Legal citation formats (e.g., Bluebook)

   • The Bluebook is the most widely used citation guide in legal writing, providing rules for citing cases, statutes, and secondary sources.
   • Proper citation ensures clarity and allows readers to locate the original sources easily.
   • Familiarity with citation formats is essential for legal writing and academic integrity.

3. Case law research techniques

   • Start by identifying relevant cases using keywords, legal issues, or specific statutes.
   • Use headnotes and summaries to quickly assess the relevance of cases.
   • Track the history and treatment of cases to understand their current legal standing.

4. Statutory research methods

   • Locate statutes through legal databases, state legislative websites, or printed codes.
   • Understand the structure of statutes, including sections and subsections, for effective navigation.
   • Analyze legislative intent and context by reviewing accompanying materials like committee reports.

5. Online legal databases (e.g., Westlaw, LexisNexis)

   • These databases provide comprehensive access to case law, statutes, regulations, and secondary sources.
   • Utilize advanced search features to refine results and locate specific legal materials.
   • Familiarity with these platforms enhances research efficiency and accuracy.

6. Boolean search operators

   • Use operators like AND, OR, and NOT to combine or exclude keywords in searches.
   • Quotation marks can be used for exact phrases, while parentheses group terms for complex queries.
   • Mastering Boolean logic improves search precision and relevance of results.

7. Shepardizing and KeyCiting

   • Shepardizing (Shepard's Citations) and KeyCiting (LexisNexis) are tools to check the validity and history of cases.
   • These methods reveal how cases have been cited in subsequent rulings, indicating their precedential value.
   • Understanding these tools is crucial for ensuring the reliability of legal arguments.

8. Legal encyclopedias and treatises

   • Legal encyclopedias provide broad overviews of legal topics, summarizing key principles and case law.
   • Treatises offer in-depth analysis and commentary on specific areas of law, often authored by experts.
   • Both resources are valuable for gaining foundational knowledge and context in legal research.

9. Legislative history research

   • Legislative history involves examining the background and development of a statute, including debates and committee reports.
   • This research helps interpret legislative intent and understand the context of laws.
   • Utilize government websites and legal databases to access historical documents.

10. Administrative law research

    • Focus on regulations and decisions made by administrative agencies, which have the force of law.
    • Research involves understanding agency rules, procedures, and the scope of their authority.
    • Familiarity with administrative law is essential for navigating regulatory frameworks.

11. Legal periodicals and law reviews

    • These publications feature scholarly articles, case analyses, and discussions on current legal issues.
    • They serve as valuable resources for understanding emerging trends and scholarly perspectives in law.
    • Citing articles from reputable journals enhances the credibility of legal arguments.

12. Digests and indexes

    • Digests summarize case law by topic, making it easier to locate relevant cases based on legal issues.
    • Indexes provide organized lists of legal materials, often categorized by subject or jurisdiction.
    • Utilizing these tools streamlines the research process and improves efficiency.

13. Legal writing and analysis

    • Legal writing requires clarity, precision, and adherence to formal conventions.
    • Effective analysis involves synthesizing legal principles, case law, and statutes to support arguments.
    • Strong writing skills are essential for communicating legal ideas and persuading audiences.

14. Fact-based vs. issue-based research

    • Fact-based research focuses on specific facts of a case to find relevant legal precedents.
    • Issue-based research centers on legal questions or issues, seeking applicable laws and interpretations.
    • Understanding the difference helps tailor research strategies to specific legal inquiries.

15. Evaluating source credibility and authority

    • Assess the reliability of sources by considering the author's qualifications, publication reputation, and citation frequency.
    • Primary sources are generally more authoritative than secondary sources, but both have their place in research.
    • Critical evaluation ensures the use of credible and relevant materials in legal arguments.