How To Conduct Legal Research9 min read
Legal research is the process of finding and analyzing the law to resolve a legal question. It is a necessary skill for all lawyers, and can be used in many other legal professions, such as paralegals, court reporters, and legal assistants.
There are a few basic steps in conducting legal research:
1. Determine the type of legal research you need to do. There are two main types of legal research: statutory research and case law research. Statutory research involves finding and understanding the law as it is written, while case law research involves finding and understanding court decisions that interpret and apply the law.
2. Gather the resources you need. This includes finding the applicable law, understanding where to find it, and using the right research tools.
3. Conduct the research. This involves finding and analyzing the law to answer the research question.
4. Interpret the law. This is the final step in legal research, and involves understanding how the law applies to the specific facts of the case.
There are a variety of resources you can use in conducting legal research, including:
1. Legislation (statutes): legislation is the main source of law in Canada. It is made up of statutes (laws passed by Parliament) and regulations (laws passed by provincial governments).
2. Case law: case law is the body of law created by court decisions. It is a secondary source of law, and is used to interpret and apply the statutes and regulations.
3. Secondary sources: secondary sources are books, articles, and websites that discuss and analyze case law and legislation. They are helpful in understanding the law and how it applies to specific situations.
4. Government websites: government websites are a great source of information about the law. They often include legislation, case law, and secondary sources.
5. WestlawNext: WestlawNext is a legal research tool that provides access to legislation, case law, and secondary sources. It is available in most law libraries.
6. Library resources: law libraries have a variety of resources that can be used in legal research, including books, articles, and databases.
The best way to learn how to conduct legal research is to practice. There are a variety of resources available to help you, including law libraries, government websites, and legal research guides.
Table of Contents
What are the five steps to legal research?
There are five steps to legal research:
1. Identify the legal issue. This can be done by asking yourself a series of questions about the facts of the case.
2. Gather the facts of the case. This can be done by reading the applicable law, case law, and statutes.
3. Analyze the facts of the case and the applicable law. This can be done by identifying and applying legal principles to the facts of the case.
4. Decide what course of action to take. This can be done by considering the applicable law, case law, and statutes.
5. Take action. This can be done by filing a motion, writing a brief, or appearing in court.
How do you do basic legal research?
When you need to do legal research, where do you start?
There are a few basic steps to doing legal research:
1. Understand the question you are trying to answer.
2. Find the relevant law.
3. Interpret the law.
4. Apply the law to the facts.
Each of these steps is important, and you cannot skip any of them if you want to do accurate legal research.
1. Understand the question you are trying to answer.
The first step is to understand the question you are trying to answer. This may seem obvious, but it is important to be clear on what you are trying to find out. Sometimes people get bogged down in the details of the law without really understanding the big picture.
For example, if you are wondering whether you can get a divorce in Texas, you would start by looking at the Texas Family Code to see what the requirements are. You would not start by looking at cases about divorce, because those cases may not be relevant to your situation.
2. Find the relevant law.
The next step is to find the relevant law. This can be done in a few different ways, depending on what you are looking for.
If you are looking for a specific law, you can usually find it by looking it up in a legal database or a statute book. If you are not sure which law to look for, you can do a keyword search in a legal database, or you can browse through a statute book.
If you are looking for case law, you can do a keyword search in a legal database, or you can browse through a case book.
If you are looking for secondary sources, such as law review articles or treatises, you can do a keyword search in a legal database, or you can browse through the relevant section of a library.
3. Interpret the law.
The next step is to interpret the law. This can be difficult, because the law is often complex and can be open to different interpretations.
You need to be careful not to read too much into the law or to read into it what you want it to say. You also need to be aware of the different types of law, such as case law, statutory law, and regulatory law.
4. Apply the law to the facts.
The final step is to apply the law to the facts. This is often the most difficult part of legal research, because it can be difficult to determine what the facts are.
You need to be careful not to apply the law in a way that is not supported by the facts. You also need to be aware of the different types of law, such as case law, statutory law, and regulatory law.
How do you organize legal research?
Legal research can be a daunting task, but there are a few ways to make it a bit easier. First, it’s important to have a plan. You can’t just start researching blindly and hope to find everything you need. Figure out what you need to know and then develop a plan of attack.
One way to organize your research is by topic. This can be helpful if you’re working on a specific case or if you need to find a specific law. You can also organize your research by jurisdiction. This can be helpful if you’re researching a law in a specific state or country.
Another way to organize your research is by type of source. You can research statutes, cases, regulations, and academic writings. You can also research primary and secondary sources. Primary sources are original documents, while secondary sources are interpretations of primary sources.
You can also use a research database to help you organize your research. A research database is a search engine that indexes all of the legal information that is available online. This can be helpful if you’re not sure where to start or if you need to find a specific law.
Ultimately, the best way to organize your research depends on your needs and what works best for you. But following these tips should help make your research a bit easier and less overwhelming.
How do paralegals conduct legal research?
Legal research is the process of finding and analyzing the law. This is done in order to provide legal advice, support the drafting of legal documents, and to argue a case in court.
Paralegals are responsible for conducting legal research. They use a variety of resources, including legal databases, case law, statutes, and regulations. They also consult secondary sources, such as law reviews, treatises, and articles.
In order to conduct legal research, paralegals must first understand the question they are trying to answer. They then need to identify and gather the relevant law. This can be done by searching legal databases, consulting case law, and reviewing statutes and regulations.
Once the relevant law has been identified, paralegals must analyze it. They must determine what the law says and how it applies to the facts of the case. This involves reading and understanding the law, as well as applying it to the specific facts of the case.
Paralegals also use secondary sources to help them understand the law. These sources can provide background on the law, analysis of the law, and case law that supports the position of the paralegal.
When conducting legal research, paralegals must be aware of the relevant case law and statutes. They must also be able to apply the law to the specific facts of the case. By doing so, they can provide accurate and timely legal advice to their clients.
What are the 7 steps of the research process?
The research process is a systematic way of gathering information in order to answer a research question or to solve a problem. There are seven steps in the research process:
1. Define the problem or question
2. Gather information
3. Sort and organize information
4. Analyze information
5. Draw conclusions
6. Present findings
7. Reflect on the process
What are the tools of legal research?
Legal research is the process of finding and using legal resources to support the resolution of legal issues. The tools of legal research include both primary and secondary legal sources.
Primary legal sources are law created by government entities, such as statutes, regulations, and cases. To research the law, you need to find and read these sources.
Secondary legal sources are legal resources that interpret, analyze, and comment on primary legal sources. Secondary sources include law reviews, treatises, and hornbooks. To research the law, you need to find and read these sources.
In order to research the law, you need to know where to find primary and secondary legal sources. The most common place to find primary legal sources is in the law library. The law library has a collection of all primary legal sources, as well as a collection of secondary legal sources.
If you can’t visit the law library, you can find many primary and secondary legal sources online. The most common place to find primary legal sources online is on the website of the state legislature. The most common place to find secondary legal sources online is on the website of a law review.
To research the law, you need to use the right tools. The most common tools of legal research are the law library and the internet.
Why is legal research so hard?
Legal research can be difficult for a number of reasons. The first is that the law is often complex and difficult to understand. This can be compounded by the fact that the law can be interpreted in different ways, and can change over time.
Another challenge in legal research is that it can be difficult to find the right information. The law is vast, and there is a lot of information available online and in print. It can be difficult to determine which sources are reliable, and which information is relevant to your research.
Finally, legal research can be time consuming. It can take time to find the right sources, read and understand the law, and then apply it to your specific situation.
