By Before you start researching laws and court opinions, you must first define the scope of your legal research project. There are several key questions you can use to do this. Understanding research methods helps students systematically conduct and write their research monographs, dissertations or theses. To some extent, this depends on the training of the researcher and the nature of the research questions. But choosing one method to the exclusion of others may be counterproductive for the further development of jurisprudence. Another popular distinction is between pure educational research and non-doctrinal or empirical research. A seeker must be a true seeker of truth. He must be vigilant to detect any change in the situation or facts taken into account in the research. He must have an intimate knowledge of his field of research. It must proceed objectively. Achieving objectivity remains a major challenge for any researcher. Legal research processes vary by country and legal system.
Legal research includes tasks such as:[2][3] In their daily work, lawyers must identify and analyze facts, identify the legal context in which facts arise, identify legal issues, and apply relevant legal provisions to the facts. They must link key legal and factual issues and identify legal, factual and other issues raised in the documents. The legal research process takes place in three stages. We explain them to you in detail. The results should not be influenced by personal biases in order to achieve objectivity in the research work. The researcher must study the issues at stake impartially and must be free of personal emotions and self-interest. A researcher must be open-minded and think. He should also be wary of claims based on the results of his research. While the former involves analyzing theories, the latter deals with testing theories in the real world.
Depending on the nature of the question, legal research is also classified as descriptive and exploratory. Given that legal research is a complex process, it`s probably no surprise that this guide can`t give you everything you need to know. Judges often write opinions that non-lawyers cannot easily follow. The legislator does the same thing with laws. If you`re researching a legal topic and you`ve hit a wall, it may be in your best interest to talk to a lawyer. Consider contacting a lawyer in your area who can research the law for you and represent you in court if necessary. Using machine learning and AI analytics tools, LexisNexis helps lawyers find the best information, interpret research results, and develop the research they need for a strong and compelling case. LexisNexis meets the unique qualities of your law firm and the right combination of LexisNexis products suits your firm`s legal research needs, regardless of your field of activity or size. When it comes to online search, some people start with free legal search options, including search engines like Google or Bing. However, if you want to make sure your legal research is complete, consider using an online search service designed specifically for the law, such as Westlaw. Online solutions like Westlaw not only have all the legal sources you need, but they also include artificial intelligence (AI) and other tools to help you do your legal research quickly. Black`s Law Dictionary defines legal research as “the research and gathering of authorities related to a legal question.” But what does that really mean? Essentially, this means that legal research is the process you use to identify and find laws, including laws, regulations, and court notices, that apply to the subject matter of your case.
There are also a number of specialised search tools that make it possible to search for relevant documents in primary authorities. Index volumes for collections of statutes and regulations provide a quick guide to relevant rules and regulations. There are also private versions of laws that are annotated. Case rapporteurs contain decisions in cases deemed important enough to be published. Case summaries allow a researcher to search for a specific area of law and find a list of case decisions that are “reported” in the relevant stenographers. If you have the common name of a statute (e.g. The Lanham Act), a popular table of names can give a quick indication of where the law can be found in the bill. There are also conversion tables that link a law to the bill from which it originates and to the comment on its approval. Shepard`s Citations contains clues as to when cases and law articles were cited by another source. The goal of legal research is to find an “authority” that helps solve a legal problem.
Primary authorities are the legal norms that bind courts, governments and individuals. Examples include laws, regulations, court orders and court decisions. They are generated by legislators, courts and administrative authorities. Secondary authorities are legal commentaries that do not have binding effect, but help explain what the law is or should be. The resources available to find a legal authority are extensive and complicated, so many law schools require students to take a legal research course. See Legal Education In most cases, the purpose of legal research is to find support for a particular legal issue or decision. For example, lawyers must conduct legal research when they need legal advice (i.e. of case law) to support a legal argument they make to the court in a motion or factum. Secondary sources: Sources of information that describe or interpret the law, such as practical guides, legal documents, law review articles, and other scientific legal writings cited by lawyers to persuade a court to make a particular decision in a case to which the court is not required to comply. Learn from legal experts who have already dealt with a specific topic.