Legal Research Process

Definition

The legal research process is a systematic approach to finding and analyzing legal information relevant to a specific legal issue or question. This process involves identifying the legal issues, gathering pertinent laws and cases, evaluating sources for credibility and relevance, and synthesizing the information into a coherent understanding that informs legal arguments or decisions. It connects the intricacies of legal reasoning with the tools and resources necessary to navigate the law effectively.

5 Must Know Facts For Your Next Test

1. The legal research process typically starts with identifying the legal issue at hand and determining the applicable jurisdiction.
2. It often involves using both primary and secondary sources to gather comprehensive information about the law relevant to the issue.
3. Evaluating the credibility of sources is crucial; not all information found is equally reliable or applicable.
4. The process may require revisiting previous steps based on new findings, highlighting its iterative nature.
5. Effective legal research not only assists in resolving current issues but also aids in predicting future outcomes based on precedent.

Review Questions

• How does identifying the legal issue impact the overall effectiveness of the legal research process?
  • Identifying the legal issue is fundamental because it sets the direction for the entire research process. It helps narrow down which laws, cases, and resources will be most relevant and saves time by focusing efforts on pertinent materials. A clear understanding of the issue enables researchers to ask precise questions and find targeted answers, making their research more effective in addressing specific legal challenges.
• Discuss how primary and secondary authorities complement each other in the legal research process.
  • Primary authorities provide binding legal rules that govern cases and disputes, while secondary authorities offer analysis and commentary that help interpret and understand these rules. In practice, researchers often start with primary authority to establish the law but rely on secondary sources for context, explanation, and guidance on applying that law. This interplay enhances a researcher's ability to formulate strong arguments by leveraging both types of sources.
• Evaluate how iterative steps in the legal research process contribute to a comprehensive understanding of complex legal issues.
  • The iterative nature of the legal research process means that researchers continuously refine their understanding as they gather more information. As new insights emerge from primary or secondary sources, researchers may revisit earlier steps like redefining the legal issue or seeking additional authorities. This adaptability ensures that they remain thorough in their analysis and enables them to build stronger arguments by incorporating fresh perspectives and evidence throughout their research journey.

Related terms

Primary Authority:

Legal sources that have binding effect, such as statutes, regulations, and case law that directly govern a legal issue.

Secondary Authority:

Non-binding sources that provide commentary, analysis, or guidance on primary legal materials, such as treatises, legal encyclopedias, and law review articles.

Citations: A reference that identifies a legal source, typically including the name of the case or statute, the court or jurisdiction, and the date of publication.