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Tag: what is legal research in law

what is legal research in law

what is legal research in law插图

Legalresearchis the process of uncovering and understanding all of the legal precedents, laws, regulations, and other legal authorities that apply in a case and inform an attorney’s course of action.

What is the significance of legal research?

importance of legal research. Legal research is important because research reports are used in law and policy formation and reformation, the establishment of some programs, filling the existing legal gaps (LACUNA) also, legal research can be conducted to verify the existence of certain facts. Steps in Conducting a Legal Research

What are the techniques of legal research?

Start by doing the following:Read anything you have been givenAnalyze the facts and frame the legal issuesAssess what you know and need to learnNote the jurisdiction and any primary law you have been givenGenerate potential search terms

Why is legal research important?

Legal research is a systematic understanding of the law with a view of its advancement. The purposes of the same are very important to the people and society because law acts within the society and they both had an impact on each other. Every kind of research method had its own value.

How to do legal research?

Synthesizing Your Legal ResearchWith the legal issue in mind,ask yourself “what is the client trying to achieve with this lawsuit?”. …Collect some basic information. …Look for an applicable statute. …Begin case law search. …Actually read the cases you generate. …Run a new search. …

What is keycite tool?

KeyCite : This helpful case citation tool is provided by Thomson Reuters Westlaw. You can view the history of a case, statute, administrative decision, or regulation to help determine whether it is "good law" and to retrieve citing references.

What is legal research?

Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial. Sometimes, legal research can help determine whether a legal issue is a "case of first impression" that is unregulated or lacks legal precedent. Virtually every lawsuit, appeal, criminal case, …

Why do corporate lawyers conduct legal research?

Similarly, a corporate lawyer may conduct legal research in order to determine whether a proposed new policy would expose the company to liability.

What is legal information?

Virtually every lawsuit, appeal, criminal case, and legal process in general requires some amount of legal research. Legal information is organized into two general categories: Primary Law: Binding law that is codified in statutes, regulations, and caselaw. Secondary Sources: Not legally binding, this type of information explains primary law …

What is the doctrine of Stare Decisis?

Stare Decisis: The doctrine under which courts adhere to precedent on questions of law in order to insure certainty, consistency, and stability in the administration of justice.

What is an opinion in a court case?

Terms to Know. Opinion: The formal written expression by a court or judge detailing the reasons and principles of law upon which the case is decided. Parallel Citation: A citation reference to the same case printed in two or more different case reporters.

Do judges write opinions?

Judges often write opinions that aren’t exactly easy for non-lawyers to follow. Lawmakers do the same with statutes. If you’re researching a legal topic and you’ve hit a wall, it may be in your best interests to speak with an attorney.

What is a restatement in law?

Restatements provide detailed summaries of what the law generally is or what the restatement writers believe the law should be. The citations to other authorities and annotations provided in legal encyclopedias, treatises, American Law Reports, law reviews, and legal periodicals are an important element of their value in the research process.

What are the two major legal search engines?

Computer databanks have provided the legal profession with quick and efficient tools to do research. LEXIS and WESTLAW, two prominent legal search engines, provide databases that have case reporters, statutes, legal periodicals, law reviews and various secondary authorities.

What are some examples of legal tools?

Initially, many researchers turn to tools that provide summaries of a particular area of the law. Some examples are legal encyclopedias, treatises, and the American Law Reports ( ALR ).

What is the purpose of legal research?

The purpose of legal research is to find "authority" that will aid in finding a solution to a legal problem. Primary authorities are the rules of law that are binding upon the courts, government, and individuals. Examples are statutes, regulations, court orders, and court decisions.

What is a case reporter?

Case reporters contain the decisions in cases that have been deemed important enough to publish. Case digests enable a researcher to look up a particular area of the law and find a list of case decisions that are "reported" in relevant case reporters. If one has the common name of a law ( e.g.,

What is a popular name table?

If one has the common name of a law ( e.g., The Lanham Act ), a popular name table can provide a quick reference to where the law can be found in the statute compilation. There are also conversion tables that allow one to link a statute to the bill from which it developed and the commentary surrounding it’s approval.

What are secondary authorities? What are some examples?

Examples are statutes, regulations, court orders, and court decisions. They are generated by legislatures, courts, and administrative agencies. Secondary authorities are commentaries on the law that do not have binding effect but aid in explaining what the law is or should be.

What is Legal Research Methodology?

It is vital for a researcher to know the research methodology and understand the underlying methodologies’ assumptions. Researchers also need to know the criteria by which they can decide that certain methodologies will apply to certain problems.

What is normative aspect of legal research?

The normative aspect of legal research implies that; the researcher should not reproduce the text of the law or describe the legal doctrine for theory; rather, he or she should state what ought to be done according to the legal point of view within a particular legal system or how the law to be applied in a particular context.

Why is pure doctrinal research criticized?

In recent times, pure doctrinal legal research has been criticized for its rigidity, narrower scope, and inflexibility to address diverse contexts m which legal issues or situations arise and operate .

What is legal research?

Legal research includes various processes ranging from information gathering to analyzing the facts of a problem and communicating the investigation results. Meaning of Legal Research Research implies scientific and purposive investigation or inquiry of a problem or issue of any discipline.

What do lawyers do in everyday practice?

In everyday exercise, lawyers have to identify and analyze factual material, identify the legal context in which factual issues arise, identify legal issues and apply relevant legal provisions to facts. They have to relate the central legal and factual issues to each other and identify the legal, factual, and other issues presented by documents.

Why do researchers use statistical methods?

Because, in quantitative research, researchers use an array of statistical methods and generalizations to determine the meaning of data. It has been the dominant strategy for conducting socio-legal research. Quantitative methods often test or verify the existing theories or hypotheses.

What is legal research analysis?

As essential steps of methodology, the legal research analysis of the facts evaluates what legal concepts may be relevant, finds primary and secondary sources, synthesizes the relevant principles, and apply them to the research problem. R esearch is an intellectual exercise requiring endurance and patience.

What are the facts?

Always gather the key facts so you know the "who, what, why, when, where, and how" of your case . And take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don’t think a fact may be relevant now, write it down because it may turn out to be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to actually research if you don’t know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving the exclusion of evidence found during an alleged illegal stop?

What is the relevant jurisdiction?

Don’t cast your net too wide when it comes to legal research—meaning, you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? And if it is state law, which state? You may find a case in California state court that is exactly on point, but it won’t be very helpful if your legal project involves New York law.

Where to start legal research: the library or online?

In years past, future attorneys were trained in law school to do their research in the library. But now, pretty much everything from the library—and more—can be found online. And while you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

What is the purpose of legal research?

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions (that is, case law) to back up a legal argument they are making in a motion or brief filed with the court. Alternatively, lawyers may need legal research …

What information is needed for legal research?

No matter the legal research project, you must identify the relevant legal problem as well as the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

Why do lawyers need legal research?

Alternatively, lawyers may need legal research to simply provide clients with accurate legal guidance. And in the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few of the situations in which legal research is necessary.

What is planet compliance?

Planet Compliance is a marketplace where institutions and corporates can discover RegTech and LegalTech solutions. Planet Compliance also operates a content platform that provides information and insights on technology, regulation, compliance, finance and innovation.

What is legal research?

Regardless of the complexity of the case, Legal Research will help you give complete answers, examine any statutes and even ensure that all legal matters are handled accordingly.

Why is legal research important?

First, Legal Research helps you focus on the facts of the case, not to mention you can identify the point of law in the disputed issue. Research will also help prepare arguments that you can use in court and you will also need to lay down the evidence in that case, …

What are the two main categories of legal information?

You will notice there are 2 main, general Legal information categories. First, there’s the primary law which is focused on caselaw, regulations and statuses . Then you have the secondary sources, which are not legally binding like the primary law.

Why do we need to use legal research?

The entire US legal system is based on precedent, which means that you do need to use Legal Research in order to see how the court reacted previously to such a case. Of course, you need to see if there were any similar patterns and which is the right approach towards this type of topic.

Is there a methodology for legal research?

Once you do that, it will be easier than ever to obtain the desired results. There’s no specific methodology regarding the way you conduct Legal Research. That’s why you can easily create your own method and approach the case at your own pace.

How are headnotes organized?

Headnotes are organized by subject into a large outline that allows you to search headnotes by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic and identify the particularly important cases to which these headnotes are attached.

How to keep track of your research?

Researchers can keep logs on paper, in folders on Westlaw or Lexis, or in another online citation management platform.

What is an ALR article?

ALR articles, called annotations, provide background, analysis, and citations to relevant cases, statutes, law review articles, and other annotations.

How are restatements organized?

Restatements are organized into chapters, titles, and sections. Sections contain a concisely stated rule of law, comments to clarify the rule, hypothetical examples, explanation of purpose, as well as exceptions to the rule. To access restatements visit: American Law Institute Library on HeinOnline.

What are some good citation tools?

Some platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful if you are working on a long term project that will require a lot of research. These are good tools to keep your research well organized. Please note, however, that none of these platforms are not a substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

What is a treatise book?

Treatises are books on legal topics. These books are a good place to begin your research. They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

What is legal dictionary?

Legal dictionaries are similar to other dictionaries that you are likely familiar with, and have used in the past. Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.

What if I’m new to the practice area or specific legal issue?

Start instead with secondary sources, which often provide a prevailing statement of the law for a specific topic. These sources will save time and orient you to the area of the law and key issues.

How do I respond to the opposing side’s brief?

It reduces the time spent analyzing a brief, identifying relevant authorities, and preparing a solid response.

How to find relevant authority in Bloomberg Law?

Try using a tool that helps you find additional relevant case law. When you find relevant authority, use BCITE on Bloomberg Law to find all other cases and/or sources that cite back to that case. When in BCITE, click on the Citing Documents tab, and search by keyword to narrow the results. Alternatively, you can use the court’s language or ruling to search Points of Law and find other cases that addressed the same issue or reached the same ruling.

How to use litigation analytics?

To start, under Litigation Analytics, leverage the Attorney tab to view case history and preview legal strategies the opposition may practice against you. Also, within Litigation Analytics, use the Court tab to get aggregate motion and appeal outcome rates across all federal courts, with the option to run comparisons across jurisdictions, and filter by company, law firm, and attorney.

How difficult is it to keep pace with legal developments?

As laws evolve across jurisdictions, it can be a difficult to keep pace with every legal development. Equally daunting is the ability to track and glean insights into stakeholder strategies and legal responses. Without quick and easy access to the right tools, the legal research upon which case strategy hinges may face cost, personnel, and litigation outcome challenges.

Where is the docket search box?

On Bloomberg Law, type “Dockets Search” in the Go bar or find the dockets search box in the Litigation Intelligence Center.

What is Bloomberg Law?

Bloomberg Law’s artificial intelligence-driven tools drastically reduce the time to perform legal research. Whether you seek quick answers to legal research definitions, or general guidance on the legal research process, Bloomberg Law’s Core Litigation Skills Toolkit has you covered.

How are headnotes organized?

Headnotes are organized by subject into a large outline that allows you to search headnotes by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic and identify the particularly important cases to which these headnotes are attached.

How to keep track of your research?

Researchers can keep logs on paper, in folders on Westlaw or Lexis, or in another online citation management platform.

How are restatements organized?

Restatements are organized into chapters, titles, and sections. Sections contain a concisely stated rule of law, comments to clarify the rule, hypothetical examples, explanation of purpose, as well as exceptions to the rule. To access restatements visit: American Law Institute Library on HeinOnline.

What are some good citation tools?

Some platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful if you are working on a long term project that will require a lot of research. These are good tools to keep your research well organized. Please note, however, that none of these platforms are not a substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

What is a treatise book?

Treatises are books on legal topics. These books are a good place to begin your research. They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

What is legal dictionary?

Legal dictionaries are similar to other dictionaries that you are likely familiar with, and have used in the past. Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.

How to search for case law?

You can browse and search for case law in the same way you search for primary sources: by subject, with a citation, or using keywords. To maximize your efficiency use a secondary source to identify important cases that you can use as a foundation for your research.