Legal Research Analysis And Writing8 min read
Legal research and analysis is the process of locating and using legal sources to research and analyze legal questions. The goal of legal research is to identify the relevant legal authorities and to understand how they support or refute a position. Legal analysis is the process of applying legal reasoning to a legal question in order to determine the best legal solution.
Legal research and analysis is a critical skill for lawyers. Lawyers must be able to locate and understand the relevant law in order to provide sound legal advice to their clients. Lawyers must also be able to write persuasively, succinctly, and accurately about the law.
The first step in legal research is to identify the legal question. The legal question is the question that you are trying to answer with your research. Once you have identified the legal question, you can then begin to research the relevant legal authorities.
The next step is to read and analyze the authorities. Once you have read and analyzed the authorities, you must then synthesize the authorities and reach a conclusion. The conclusion is your analysis of the law and your opinion on what the best legal solution is.
Legal research and analysis is a complex process, but it is a skill that can be learned and improved with practice. The best way to improve your legal research and analysis skills is to practice, practice, practice. The more you practice, the better you will become.
Table of Contents
What is legal research and analysis?
Legal research and analysis is the process of researching and analyzing the law to identify and understand the legal issues in a particular situation. This process involves researching case law, statutes, and other legal sources to develop a legal analysis of the issues involved.
A good legal researcher must be able to read and understand legal language, as well as locate and analyze legal authority. In order to do this, they must be familiar with the structure and organization of the law, as well as the different types of legal sources.
The goal of legal research and analysis is to identify the legal issues in a particular situation and to develop a legal argument based on that analysis. This process can be used to advise clients on their legal rights and obligations, to argue a case in court, or to provide a legal opinion.
What do you learn in legal research and writing?
Legal research and writing is a process of researching and writing legal documents. The main purpose of legal research and writing is to identify and articulate the relevant legal issues in a case, and to provide a clear and concise argument in support of the client’s position.
In order to be successful in legal research and writing, you need to have a strong understanding of the law. You need to be able to identify and locate relevant legal authorities, and you need to be able to synthesize and analyze that information to identify the key legal issues in a case.
In addition, you also need to be able to write effectively. You need to be able to organize your thoughts clearly, and you need to be able to communicate your argument in a clear and concise manner.
Legal research and writing is a skill that is essential for any lawyer. It is a process that you will use throughout your career, and it is a skill that you will continue to refine and improve.
Why is legal research and writing important?
Legal research and writing is important for a number of reasons. First, the ability to research and write effectively is essential to any legal practice. Lawyers must be able to find and analyze relevant legal authority, and then synthesize that authority into a persuasive legal argument. Second, legal research and writing skills are important for passing the bar exam. The bar exam tests a lawyer’s ability to research and analyze legal authority, and to write a legal memorandum. Finally, legal research and writing skills are important for practicing law. Lawyers must be able to research and analyze legal authority, and to draft legal documents such as pleadings, motions, and contracts.
How do paralegals conduct legal research?
Paralegals conduct legal research in a variety of ways, but most often through the use of electronic resources. They may also use print resources, such as law reviews and treatises, and oral resources, such as interviews with lawyers or clients.
First, paralegals need to identify the legal issue in a case. They can do this by reading the complaint and other pleadings, as well as by talking to the client. Once the legal issue is identified, paralegals need to find relevant case law and statutes.
There are a number of ways to find case law. One is to use a legal research database, such as Westlaw or LexisNexis. These databases contain cases from all 50 states and from a number of federal courts. Another way to find cases is to use a court’s website. Many courts have an online database of their cases.
Paralegals can also find case law by reading law reviews and treatises. Law reviews are published by law schools and contain scholarly articles on various legal topics. Treatises are published by private companies and contain detailed information on specific areas of the law.
Once paralegals have found relevant case law, they need to analyze it. This involves determining how the case applies to the facts of the current case. Paralegals may also need to determine the credibility of the case law. This can be done by examining the court’s opinion, as well as the history of the case and the parties involved.
Statutes can also be used to resolve legal issues. Like case law, statutes can be found in a number of places. One is a state’s legislative website. Another is a legal research database. Paralegals can also find statutes in print resources, such as law reviews and treatises.
Once paralegals have found the relevant statutes, they need to analyze them. This involves determining how the statute applies to the facts of the case. Paralegals may also need to determine the credibility of the statute. This can be done by examining the statute’s history and the parties involved.
Finally, paralegals need to be aware of the various resources available to them for oral research. These resources include lawyers, clients, and other professionals in the legal field. Paralegals can use these resources to get a better understanding of the legal issue and to find potential case law and statutes.
What are the 5 stages of legal research?
Legal research is a process that is often undertaken in order to find answers to legal questions. The process of legal research can be divided into five stages:
1. Preliminary Research
Preliminary research is the process of gathering information about the topic at hand. This can include looking for relevant cases, statutes, and articles. It is important to gather as much information as possible at this stage in order to form a well-informed opinion about the issue.
2. Case Law Research
Case law research involves looking at previous court decisions that have been made on the topic. This can give you an idea of how the law has been interpreted in the past and what arguments have been successful.
3. Statutory Research
Statutory research involves looking at the relevant statutes that apply to the issue. This can help you to understand the law in more depth and identify any potential loopholes.
4. Legislative History Research
Legislative history research involves looking at the history of the relevant statutes. This can help you to understand the motives behind the legislation and how it has evolved over time.
5. Researching Secondary Sources
Secondary sources are materials that are not primary legal documents. This can include books, articles, and websites. It is important to research secondary sources in order to gain a broad understanding of the issue.
What are the types of legal research?
There are many different types of legal research. Most people think of research as simply looking for cases or statutes online. However, legal research is much more than that. There are a variety of different ways to conduct legal research, depending on the question you are trying to answer.
One of the most common types of legal research is case law research. This involves looking at past court decisions to see how judges have ruled on similar cases. You can find case law research online, in printed law reports, or in online databases.
Another common type of legal research is statutory research. This involves looking up the text of statutes and regulations to see what they say. You can find statutory research online, in printed law reports, or in online databases.
There are also a variety of other types of legal research, including:
– Legislative history research
– Treaty research
– Administrative law research
– Jurisprudence research
– Legal research for the self-represented
How can you improve legal research and writing skills?
Legal research and writing skills are essential to any lawyer. Improving these skills can help you become a better lawyer and improve your chances of success in your legal career.
One way to improve your legal research and writing skills is to attend a law school that emphasizes these skills. Many law schools have writing centers that offer assistance with legal writing. Additionally, many law schools offer courses in legal research and writing.
Another way to improve your legal research and writing skills is to practice. Practice makes perfect, and the more you write, the better you will become. Try drafting legal documents, writing legal briefs, and writing articles on legal topics.
Finally, seek feedback on your legal research and writing. Ask your colleagues, professors, and other lawyers for feedback on your legal writing. This feedback can help you improve your legal research and writing skills.
