Legal research plan
Karesh law library the law library ls/serials - all gregg-graniteville rt north rt south ia campus ia business ia coleman karesh law ia cooper educational ia cooper rare ia math ia moving image research ia music ia south carolina political ia south caroliniana ia thomas cooper ter medford atchie east atchie west atchie topics | advanced ting legal following are key steps in the legal research planning process:Identify the relevant must understand the facts of your case to determine which facts appear relevant, knowing that your first impression may change as you conduct initial research and learn more about the laws that ine the controlling you gain more experience as a legal researcher, it will become easier to determine whether a legal issue is controlled by state law, federal law, or both. Answer what you can, then move to step two: consult secondary ing on your familiarity with a particular area of law, you will consult different types of secondary you are unfamiliar with an area of law, consult general secondary sources such as:♦ legal encyclopedias (either state-specific, e. If you are unfamiliar with a legal topic or area of law, you may need to conduct preliminary research to identify your legal issue.
Good rule of thumb for when to stop researching a legal issue is when you keep finding the same resources. Reviewing briefs or memoranda on the same or similar issue or consulting the "resident expert" can help your research p an initial issue statement and generate search terms -- a preliminary assessment of the problem that helps define the scope of your fying research sources -- determine which research sources are likely to have relevant information. As you consider the facts of your problem and the legal issue(s) involved, you will naturally think of search terms you can use to consult an index, a table of contents, a topic outline, or to use in a keyword te search draft a list of search terms, think of the parties, places, and things involved.
Revised: 23 aug ne osborne washington and lee university - written: april 2, paper reviews the current status of the concept of the legal research plan. Take note of broad themes, key terms, and basic background areas you will need to an actual plan:It is not enough to simply think about what you will do--you need to keep a written plan. A) expand your research by looking at the cases that a case you've found cites to or that cite to that case; by exploring relevant headnotes in the cases you’ve already found to find other cases that cite to that case for the law in that headnote; or by using the topic or key number system to find additional cases indexed under the same topic as a relevant case.
While a guided template is very useful, every research problem is different and researchers must be prepared to deviate as needed. If your research is being done in small time window, for example, a day, this is likely sufficient. Likewise, if your prior reading revealed a term of art important to your topic try using an index or the topic and key number system to get ing and evaluating working with the finding tools you may still need to conduct some traditional searching in one of the legal databases.
Untangle" the problem:Your research problem will often start as a cumbersome memo from a senior attorney or result from a mass of notes scribbled during a client interview. Background reading should help you confirm the appropriate jurisdiction for your legal issue, whether state or federal law applies, and identify the types of authority involved (i. They will identify key authorities and limit the scope of the you've located only secondary authority or primary persuasive authority, you might want to refocus on primary mandatory authority from the controlling the legal theories you are your textbook for sample legal research flowcharts and checklists that show the thought process for handling certain types of research ng a research ng a research plan requires three steps:Obtaining preliminary information about the much time do i have for the assignment?
A basic research plan will break down your questions into specific research tasks, identify sources to use in your research, and begin to identify search are some examples of ways people approach legal research planning. Sometimes, it's easier to do steps 3 and 4(a) tely, the five steps provide structure for your research, and can help you when you don’t know where to go are the five steps. Unported information and links provided on are not intended to provide legal advice and should not be treated as such.
Resources are the best place to start, but to answer your legal question you will need to find the relevant primary authority. Include looseleaf or other subject-matter background on the law or terms should i know as i begin my research? Strategies for staying organized as you research include sticking to your plan, reading and updating the cases as you find them, taking good notes on why each case is important, and recording citation information as you go s the most important strategy for effective and efficient legal research is to ask a librarian when you are struggling to find anything relevant or to narrow your research.
This except provides a basic understanding types of legal materials and the research research may have heard or read the phrase "legal research process" before. The order of these steps--or even the inclusion of a step--may vary depending on a variety of factors including how much you know before you start and the scope of the you will find the typical steps a legal researcher moves through as part of the research process. Understanding the scope of the assignment will help you focus your you know any of the sources that are good for researching in this area of law?
On on the process of legal article was written for legal practitioners in washington state. Analyze & organize one: formulate a research er the following preliminary questions:♦ legal question(s) that you need to answer ♦ parties & the relationship between the parties ♦ area(s) of law ♦ jurisdiction ♦ most relevant facts ♦ legal terms of te search terms before you begin your research. The legal information center gives no assurance or guarantee to the accuracy of the information provided on this website, including but not limited to, typographical errors, inaccurate descriptions of external websites, or broken or changed shepard's citator in lexis advanceusing keycite's citator in westlawnextusing headnotes in westlawnextusing headnotes in lexis is the "five step legal research process" page of the "summer legal research handbook" ate page for screenreader to page legal research legal research : 1l legal research, general legal research, law, legal research ces and tips for conducting legal research during the updated: oct 10, updatesemail step legal research secondary primary ing primary ative research sources of law step legal research steps of legal five step research process can be applied to almost any research project, but it’s important to remember that it is not a rigid flexible: sometimes you will get to step three and realize you have to go back and revise your research plan.
Your main goal of legal research is to find primary mandatory authority, which is the law from the highest authority, local, state or federal, that controls your legal issue. Knowing which jurisdiction controls will help you decide which laws apply and which legal resources to consult. B) update your research (using either shepard’s or keycite) to make sure that the cases, statutes, and regulations you plan to use in your argument haven’t been overruled or otherwise treated negatively; and to determine whether there is more recent case law that discusses the same five: analyze & organize step 5, analyze your research (and, by extension, any arguments and drafts that you have started to write).