legal research

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DEFINITiON OF LEGAL RESEARCH the process of identifying and retrieving information necessary to support legal decision-making In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation. 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. 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. NECESSITY OF LEGAL RESEARCH Finding the law is an important part of legal research, but the ability to analyze what you have found and reach a conclusion or formulate an argument based on it is just as essential. correctly assess the legal weaknesses of the Emancipation Proclamation realize that a constitutional amendment was the best solution available Today’s lawyers continue to use legal research on a daily basis to prepare them to advise clients, negotiate with opposing counsel, or persuade a judge or jury. research will help you find, understand, and apply the law. Performing good legal research in this way will provide you with the foundation you need to proceed confidently and achieve the best result for your client. Good legal research, however, is much more than a research system; it’s a process Good legal research is intertwined with analysis, understanding, and application “one has not truly found the law until he understands it SOURCES OF LEGAL RESEARCH Finding tools enable a researcher to find and interpret legal authority. 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 ). Law reviews and legal periodical articles provide interpretation of the law as well as detailed articles on particular legal topics. These interpretations may be found through indexes such as the Index to Legal Periodicals . 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. There are also a number of specialized finding tools that enable one to search for relevant materials in primary authorities. The index volumes for statutes and regulations compilations provide a quick guide to relevant rules and regulations. There are also privately published version of statutes that are annotated. 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.,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. Shepard's Citations provides references to when cases and law review articles were cited by another source.

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Legal Research

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DEFINITiON OF LEGAL RESEARCH the process of identifying and retrieving inforation necessary to s!pport "ega" decision#a$ing In its %roadest sense& "ega" research inc"!des each step of a co!rse of action that %egins 'ith an ana"ysis of the facts of apro%"e and conc"!des 'ith the app"ication and co!nication of the res!"ts of the investigation( p!rpose of "ega" research is to )nd *a!thority* that 'i"" aid in )nding a so"!tion to a "ega" pro%"e +riary a!thorities are the r!"es of "a' that are %inding !pon the co!rts& governent& and individ!a"s( E,ap"es are stat!tes& reg!"ations& co!rt orders& and co!rt decisions( They are generated %y "egis"at!res& co!rts& and adinistrative agencies( Secondary a!thorities are coentaries onthe "a' that do not have %inding e-ect %!t aid in e,p"aining 'hat the "a' is or sho!"d %e(NECESSIT. OF LEGAL RESEARCH Finding the "a' is an iportant part of "ega" research& %!t the a%i"ity to ana"y/e 'hat yo! have fo!nd and reach a conc"!sion or for!"ate an arg!ent %ased on it is 0!st asessentia"( correct"y assess the "ega" 'ea$nesses of the Eancipation +roc"aation rea"i/e that a constit!tiona" aendent 'as the %est so"!tion avai"a%"e Today1s "a'yers contin!e to !se "ega" research on a dai"y %asis to prepare the toadvise c"ients& negotiate 'ith opposing co!nse"& or pers!ade a 0!dge or 0!ry( research 'i"" he"p yo! )nd& !nderstand& andapp"y the "a'( +erforing good "ega" research in this 'ay 'i"" provide yo! 'ith the fo!ndation yo! need to proceed con)dent"y and achieve the %est res!"t for yo!r c"ient( Good "ega" research& ho'ever& is !ch ore than a research syste2 it1s a process Good "ega" research is intert'ined 'ith ana"ysis& !nderstanding& and app"ication 3one has not tr!"y fo!nd the "a' !nti" he !nderstands itSO4RCES OF LEGAL RESEARCHFinding too"s ena%"e a researcher to )nd and interpret "ega" a!thority( Initia""y& any researcherst!rn to too"s that provide s!aries of a partic!"ararea of the "a'( Soe e,ap"es are "ega" encyc"opedias& treatises& and the Aerican La' Reports 5ALR6( La' revie's and "ega" periodica" artic"es provide interpretation of the "a' as 'e"" as detai"ed artic"es on partic!"ar "ega" topics( These interpretations ay %e fo!nd thro!gh inde,es s!chas the Inde, to Lega" +eriodica"s( Restateents provide detai"ed s!aries of 'hat the "a' genera""y is or 'hat the restateent 'riters %e"ieve the "a' sho!"d %e( The citations to other a!thorities and annotations provided in "ega" encyc"opedias& treatises& Aerican La' Reports& "a' revie's& and "ega" periodica"s are an iportante"eent of their va"!e in the research process(There are a"so a n!%er of specia"i/ed )nding too"s that ena%"e one to search for re"evant ateria"s in priary a!thorities( The inde, vo"!es for stat!tes and reg!"ations copi"ations provide a 7!ic$ g!ide to re"evant r!"es and reg!"ations( There are a"so private"y p!%"ished version of stat!tes that are annotated( Case reporters contain the decisions in cases that have %een deeed iportant eno!gh to p!%"ish( Case digests ena%"e a researcher to "oo$ !p a partic!"ar area of the "a' and )nd a "ist of case decisions thatare *reported* in re"evant case reporters( If one has the coon nae of a "a' 5e.g.,The Lanha Act6& a pop!"ar nae ta%"e can provide a 7!ic$ reference to 'here the "a' can %e fo!nd in the stat!te copi"ation( There are a"so conversion ta%"es that a""o' one to "in$ a stat!te to the %i"" fro 'hich it deve"oped and the coentary s!rro!nding it8s approva"( Shepard8s Citations provides references to 'hen cases and "a' revie' artic"es 'ere cited %y another so!rce(Cop!ter data%an$s have provided the "ega" profession 'ith 7!ic$ and e9cient too"s to do research( LE:IS and ;ESTLA;& t'o proinent "ega" search engines& provide data%ases that have case reporters& stat!tes& "ega" periodica"s& "a' revie's and vario!s secondary a!thorities( State and specia"ty "a' co""ections p!""ing together diverse types of a!thority are no' appearing on CD#RO< and the Internet(SO4RCES OF LA;Sources of law eans the origin fro 'hich r!"esof h!an cond!ct coe into e,istence and derive "ega" force or %inding characters(It a"so refers to the sovereign or the state fro 'hich the "a' derives its force or va"idity(=ASIC A++ROACH TO LEGAL RESEARCHRegard"ess of ho' the 7!estion is phrased& the !ser is !"tiate"y as$ing 'hat "a' or "a's app"y to his or her sit!ation( .o!r )rst tas$& asin any reference intervie'& is to ana"y/e the inforation provided in order to identify the re"evant facts and to 'eed o!t the irre"evant( To deterine the re"evant facts& yo!'i"" !s!a""y need to as$ additiona" 7!estions( At this point& it is appropriate to %rie>y address concerns a%o!t the !na!thori/ed practice of "a'(? 4sing the TAR+