What is Legal Research & How to do Legal Research effectively?
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What is Legal Research & How to do Legal Research effectively?
What is legal research?
Legal research is a fundamental skill for legal professionals, encompassing the process of identifying and locating laws, statutes, regulations, and case law relevant to specific legal issues. This comprehensive guide synthesizes insights from various sources to provide a structured approach to legal research.
Legal research involves finding and assembling authorities that pertain to a legal question. According to Black’s Law Dictionary, it is defined as “[t]he finding and assembling of authorities that bear on a question of law.” The primary goal is to support legal arguments or provide accurate guidance to clients. This process is crucial for law students and attorneys alike, as it underpins the development of effective legal strategies.
Type of Legal Research
- Doctrinal Research
Doctrinal research, often referred to as “black-letter” law research, focuses on analyzing and clarifying existing laws, statutes, and case law. This type of research aims to explain legal principles and doctrines without considering external factors. It is characterized by:- Analysis of Legal Texts: Involves a thorough examination of statutes, regulations, and case law.
- Systematization of Law: Seeks to categorize and organize legal principles for clarity and understanding.
While doctrinal research is foundational, it has faced criticism for its rigidity and limited scope in addressing the complexities of real-world legal issues.
- Empirical Research
Empirical legal research involves collecting and analyzing data to understand how laws operate in practice. This type of research is characterized by:- Data Collection: Utilizes methods such as surveys, interviews, and observations to gather information.
- Real-World Application: Aims to assess the impact of laws on society and identify gaps between legal ideals and social realities.
Empirical research is increasingly recognized for its ability to provide insights into the effectiveness and consequences of legal rules in practice.
- Comparative Research
Comparative legal research examines and contrasts different legal systems, doctrines, or practices across jurisdictions. This approach is useful for:- Identifying Best Practices: Helps in understanding how different legal systems address similar issues.
- Informing Legal Reform: Provides insights that can guide legislative or policy changes by learning from other jurisdictions.
- Historical Research
Historical legal research focuses on the evolution of laws and legal institutions over time. This type of research involves:- Analyzing Historical Context: Investigates how historical events and societal changes have influenced legal developments.
- Understanding Legal Traditions: Helps in tracing the origins of current laws and legal practices, providing a deeper understanding of their significance.
- Interdisciplinary Research
Interdisciplinary legal research incorporates methods and theories from other fields, such as sociology, economics, or political science, to enrich legal analysis. This approach allows researchers to:- Broaden Perspectives: Understand legal issues in a wider social, economic, or political context.
- Enhance Legal Scholarship: Foster innovative solutions by integrating diverse viewpoints and methodologies
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Challenges in Legal Research
Legal research can be daunting due to several factors:
- Complexity of Legal Issues: Identifying the precise legal issue requires careful interpretation of legal precedents and theories.
- Volume of Information: The vast amount of case law and statutory materials necessitates efficient research methodologies.
- Dynamic Nature of Law: Laws evolve, requiring researchers to stay updated on the latest codes, precedents, and statutes.
How to do Legal Research
Conducting effective legal research is essential for legal professionals. The process of legal research can be complex, but following a structured approach can significantly enhance efficiency and accuracy. Here’s a step-by-step guide for conducting effective legal research:
Step 1 : Define the Research Scope
Before diving into research, it is essential to clarify the scope of your project by answering key questions:
- What are the facts? Gather all relevant facts about the case, detailing the “who, what, why, when, where, and how.” This foundational information is critical for identifying the legal issue.
- What is the legal issue? Clearly define the legal problem at hand. Understanding the specific legal question will guide your research efforts.
- What is the relevant jurisdiction? Limit your research to the appropriate jurisdiction, whether federal or state, to ensure the relevance of your findings.
Did you know? NexLaw’s Legal AI Trial Copilot analyzes your input and provides relevant laws and statutes applicable to the case, key elements, as well as the strengths and weaknesses of your case.
Step 2: Identify Primary and Secondary Sources
Once you have defined your research parameters, the next step is to locate relevant legal sources.
- Start with Secondary Sources: These include legal encyclopedias, practice guides, and law journals. Secondary sources provide an overview of legal topics and often cite important statutes and cases, making them a valuable starting point.
- Search for Primary Sources: After reviewing secondary sources, focus on primary law, which includes case law (court opinions), statutes (legislation), regulations (agency rules), and constitutions. Use legal research tools like Westlaw or LexisNexis to find these sources efficiently.
Step 3: Verify the Validity of Your Sources
Ensuring that the law you are citing is still valid is crucial. Use legal citators, such as KeyCite on Westlaw, to check the status of cases, statutes, and regulations. Citators will indicate whether a source has been overruled, reversed, or has any negative history.
- Flags Indicating Status:
- Red Flag: The case is no longer good law.
- Yellow Flag: The case has negative history but is not overruled.
- Blue-Striped Flag: The case is under appeal.
How to improve your legal research skills?
Improving your legal research skills is essential for success in the legal field, whether you are a law student, a practicing attorney, or a paralegal. Here are several strategies to help you develop and refine your legal research skills:
- Develop a Research Plan
Creating a structured research plan is the first step toward effective legal research. Define your research objectives clearly, including the specific legal questions you need to address. Identify the types of legal sources you will consult, such as statutes, case law, and secondary materials. A well-organized plan helps streamline your research process and keeps you focused on your goals. - Utilize Legal Technology & Legal AI Tools Wisel
Familiarize yourself with legal tech that could streamline various legal tasks from case analysis to trial preparation like NexLaw. It offers powerful features such as legal AI trial copilot, legal research, advanced case law search, legislation search, automated legal argument, and legal content drafting. Legal AI is excelling in case preparation by assisting in drafting pleadings, developing trial strategies based on jury instructions, refining litigation tactics, and guiding you through trial proceedings. Lawyers can save up to 70% of their time on legal research, analysis, and case preparation, and achieve up to 80% cost reduction in document review compared to manual methods.
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3. Master Traditional Legal Resources
While online resources are invaluable, traditional legal texts, such as law books and treatises, remain important. These resources can provide in-depth analysis and historical context that may not be available online. Make use of law libraries and their collections to deepen your understanding of specific legal topics.
4. Evaluate Sources Critically
Not all legal sources are created equal. Develop the ability to critically assess the quality and relevance of the materials you find. Consider the author’s credentials, the publication’s reputation, and any potential biases in the information presented. This evaluation will help you build stronger, more credible legal arguments in your writing and analysis.
5. Practice Regularly
Like any skill, legal research improves with practice. Engage in regular research exercises, such as mock cases or hypothetical scenarios, to apply your skills in real-world contexts. This practice will help you become more comfortable with the research process and improve your ability to retrieve relevant information quickly.
6. Seek Feedback and Guidance
Don’t hesitate to seek feedback from experienced colleagues or mentors. They can provide valuable insights into effective research strategies and highlight areas for improvement. Additionally, participating in workshops or seminars focused on legal research can expose you to new techniques and tools.
7. Stay Updated on Legal Developments
The law is constantly evolving, so it’s crucial to stay informed about recent developments and changes in legal research methodologies. Subscribe to legal journals, follow relevant blogs, and participate in professional organizations to keep your knowledge current. Continuous learning will enhance your research skills and adapt them to the changing legal landscape.
Conclusion
Legal research is an intricate process that requires critical thinking, attention to detail, and a systematic approach. By defining the research scope, utilizing both primary and secondary sources, and verifying the validity of legal authorities, legal professionals can enhance their research skills. Mastery of legal research is a continuous journey, essential for effective legal practice and advocacy. This guide serves as a foundational resource for anyone looking to improve their legal research capabilities, whether they are students or experienced practitioners.
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Summer Wong
Content creator & copywriter @ NexLaw
