Discuss the steps involved in conducting legal research and provide examples of commonly used research tools and resources.
Conducting effective legal research is a crucial skill for legal assistants as it enables them to find relevant legal information, analyze cases and statutes, and support attorneys in building strong legal arguments. The process of legal research involves several steps, which are outlined below:
1. Identify the Research Objective:
* Begin by understanding the purpose and scope of the research. Clarify the specific legal issue or question that needs to be addressed.
2. Develop a Research Plan:
* Outline a strategy for conducting research, including the sources to be consulted, search terms, and potential research avenues.
* Consider the jurisdiction, relevant legal principles, and any specific requirements for the research.
3. Gather Primary Sources:
* Primary sources include statutes, regulations, case law, and administrative decisions.
* Start by consulting the relevant statutes and regulations to identify the governing laws and legal provisions related to the issue.
* Review key court decisions, both at the trial and appellate levels, to understand how the law has been interpreted in similar cases.
4. Review Secondary Sources:
* Secondary sources provide analysis, commentary, and interpretation of the law.
* Consult legal treatises, law review articles, and legal encyclopedias to gain a deeper understanding of the legal issue.
* Secondary sources can provide helpful insights, summarize key cases, and offer guidance on legal arguments.
5. Utilize Online Legal Databases:
* Online legal databases offer comprehensive collections of legal materials and are valuable research tools.
* Examples of commonly used legal databases include Westlaw, LexisNexis, Bloomberg Law, and Fastcase.
* These databases provide access to a wide range of legal sources, such as case law, statutes, regulations, and secondary legal materials.
6. Conduct Keyword Searches:
* Use relevant keywords and phrases to search for legal materials within databases or search engines.
* Refine search terms as needed to obtain more specific and accurate results.
* Consider using Boolean operators (AND, OR, NOT) to narrow or broaden search parameters.
7. Analyze and Evaluate Sources:
* Evaluate the credibility and relevance of the sources found during research.
* Consider the authority of the source, the recency of the publication, and the expertise of the author or publisher.
* Assess how the sources align with the legal issue at hand and the jurisdiction in which the research is conducted.
8. Document and Organize Findings:
* Keep detailed records of the sources consulted, including citations, dates, and summaries of key findings.
* Organize research materials systematically to facilitate easy retrieval and future reference.
Commonly Used Research Tools and Resources:
1. Legal Databases:
* Westlaw: Provides access to a vast collection of legal materials, including case law, statutes, regulations, and secondary sources.
* LexisNexis: Offers comprehensive legal research resources, including legal cases, statutes, secondary sources, and legal news.
* Bloomberg Law: Provides a wide range of legal materials, including cases, statutes, regulations, and secondary legal sources.
2. Online Legal Libraries:
* Google Scholar: Offers a searchable database of legal cases, articles, and academic publications.
* Public Legal Information Institutes (PLIIs): Examples include Cornell Legal Information Institute (LII) and FindLaw, which provide free access to legal materials and resources.
3. Government Websites:
* Federal and state government websites provide access to statutes, regulations, and administrative decisions.
* Examples include the United States Code (uscode.house.gov), Federal Register (federalregister.gov), and state legislative websites.
4. Legal Journals and Publications:
* Law reviews, legal journals, and bar association publications offer in-depth analysis and commentary on various legal topics.
* Examples include