For example, if a case, law, or settlement has a negative history — and therefore may no longer be a good law — KeyCite, citing it from Westlaw, will warn you. Specifically, KeyCite displays a flag or symbol at the top of the document, as well as a small blurb text about the negative history. This way, you will quickly know if you need to worry. What for? Because secondary sources give you a complete overview of legal issues, so you don`t have to start your research from scratch. After secondary sources, you can move on to primary law sources. 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. You`ll never know what to look for if you don`t know what your legal problem is. Does your client need help recovering money from an insurance company after a car accident involving a negligent driver? What about criminal proceedings that exclude evidence found during an alleged illegal stay? Always gather the most important facts so you know “who, what, why, when, where and how” of your case. And take the time to write everything down, especially since you`ll probably need to include a statement of facts in any filing or briefing anyway. Even if you don`t think a fact might be relevant now, write it down because it may turn out to be relevant later. These facts will also be helpful in identifying your legal problem. 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. Now that you`ve gathered the facts and know your legal problem, the next step is to know what to look for. After all, you need legislation to support your legal argument, whether you`re giving advice to a client or writing an internal memo, brief, or other legal document. Case law is a law based on judicial decisions and not on laws based on constitutions, statutes or regulations. Case law concerns single disputes that are settled by the courts on the basis of the concrete facts of a case. In contrast, laws and regulations are written in an abstract manner. However, keep in mind that legal research is not always a linear process. You can start going from source to source as described above, and then find that you need to go back to secondary sources once you have a better understanding of the legal issue. In other cases, you may even find the answer you`re looking for in a source not mentioned above, such as an example of a brief filed with the court by another lawyer. At the end of the day, you have to go where the information takes you.

Regardless of the legal research project, you need to identify the relevant legal problem, as well as the desired outcome or facilitation. This information guides your research so you can stay focused and focused on the topic. Case law, which is also used interchangeably with the common law, refers to the set of precedents and powers established by previous court decisions on a particular subject or issue. In this sense, the case law differs from one jurisdiction to another. For example, a case in New York would not be decided with the California jurisdiction. Instead, New York courts will analyze the issue based on binding precedents. If there are no previous decisions on the matter, New York courts could review precedents from another jurisdiction, which would be more of a persuasive authority than a binding authority. Other factors, such as the age of the decision and the proximity of the facts, influence the authority of a particular case at common law. The easiest way to find out if something is still a good law is to use a legal tool known as a Citator, which will show you subsequent cases where your source has been cited, as well as any negative stories, including whether they have been overturned, overturned, questioned, or simply differentiated. Knowing where to start a difficult legal research project can be difficult.

But if you already understand the basics of legal research, the process can be considerably simpler, if not faster. Don`t cast your net too far when it comes to legal research, i.e. you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? And if it is the law of the state, which state? You may find a case in California state court that goes straight to the point, but it won`t be much help if your legal project involves New York law. 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. So if it`s primary law that you want, it makes sense to look over there first, right? Not so fast. While you need primary sources of law to support your case, in many cases it is much easier – and a more efficient use of your time – to start your research in secondary sources such as how-to guides, articles, and legal articles. Whether you`re a student still in law school or a seasoned lawyer with years of experience, strong research skills are essential to making a winning argument. That`s why it`s so important to know how to conduct legal research, including where to start and what steps to take. There`s a reason there are entire law courses and countless books focused solely on legal research methodology. In fact, many lawyers will spend their entire careers honing their research skills – and even then, they may not have perfected the process.

Alternatively, lawyers may need legal research to simply provide clients with accurate legal advice. And in the case of law students, they often use legal research to fill out memos and briefs for the class. However, these are just some of the situations where legal research is needed. When it comes to online search, some people start with free legal search options, including search engines like Google or Bing.