A Comprehensive Guide to Legal Research
Legal research is the process of finding and analyzing legal sources to answer a legal question. It is an essential skill for lawyers, judges, and other legal professionals. However, legal research can also be daunting for those who are not familiar with the process.
This guide will provide you with a step-by-step overview of how to conduct legal research. We will cover the following topics:
- Identifying your legal question
- Selecting the appropriate legal sources
- Using legal databases
- Reading and analyzing legal sources
- Citing legal sources
Identifying Your Legal Question
The first step in legal research is to identify your legal question. This may seem like a simple task, but it is important to be as specific as possible. The more specific your question, the easier it will be to find the relevant legal sources.
To identify your legal question, ask yourself the following questions:
- What is the legal issue that I am facing?
- What are the specific facts of my case?
- What are the legal theories that I can use to support my argument?
Selecting the Appropriate Legal Sources
Once you have identified your legal question, you need to select the appropriate legal sources. There are many different types of legal sources, including:
- Statutes
- Regulations
- Case law
- Legal treatises
- Law review articles
The type of legal source that you select will depend on the nature of your legal question. For example, if you are researching a question of statutory law, you will need to consult the relevant statutes. If you are researching a question of case law, you will need to consult the relevant case reports.
Using Legal Databases
Legal databases are a powerful tool for legal research. They provide access to a vast collection of legal sources, including statutes, regulations, case law, and legal treatises. Legal databases can be accessed online or through law libraries.
There are many different legal databases available, including:
- LexisNexis
- Westlaw
- Bloomberg Law
- HeinOnline
When using a legal database, it is important to use search terms that are relevant to your legal question. You can also use Boolean operators to narrow your search results. For example, you can use the AND operator to search for documents that contain two or more search terms. You can use the OR operator to search for documents that contain either one of two search terms.
Reading and Analyzing Legal Sources
Once you have found the relevant legal sources, you need to read and analyze them carefully. When reading a legal source, pay attention to the following:
- The holding of the court
- The reasoning of the court
- The concurring and dissenting opinions
When analyzing a legal source, ask yourself the following questions:
- Is the legal source relevant to my legal question?
- Is the legal source persuasive?
- Is the legal source current?
Citing Legal Sources
When you use legal sources in your legal writing, you need to cite them properly. This will help your readers to find the sources that you have used and to evaluate your arguments.
There are many different citation styles, including:
- The Bluebook
- The ALWD Citation Manual
- The Chicago Manual of Style
The citation style that you use will depend on the requirements of your specific writing project.