Legal Research: How To Understand The Law?

what is legal research? 

Legal research is the process of gathering and analyzing legal information to support legal decision-making. It involves examining primary sources of law, such as statutes, regulations, and case law, as well as secondary sources such as legal treatises and law review articles. Legal research may be conducted by attorneys, law students, paralegals, or other professionals who need to understand legal issues and apply them to specific situations.

The objective of legal research is to find relevant legal authority and analyze its application to a particular legal issue. This can include researching precedents, analyzing statutes and regulations, and examining case law from courts at various levels. Legal research is an essential part of the legal profession and is used in a wide range of settings, including litigation, transactional work, regulatory compliance, and legal drafting.

Legal Research Database

A legal research database is a digital tool used by legal professionals to access and search for legal information. These databases contain a wide range of legal resources, including statutes, case law, regulations, legal treatises, and law review articles.

Some examples of popular legal research databases are Westlaw, LexisNexis, and Bloomberg Law. These databases provide access to a vast amount of legal information, often including full-text access to legal opinions and other legal documents.

Legal research databases typically offer advanced search features to help users find relevant information quickly and efficiently. They may also provide additional features such as annotation and highlighting tools, case summaries, and access to secondary sources such as legal treatises and law review articles.

Subscription fees for legal research databases can be quite expensive, but many law firms, universities, and other organizations subscribe to them to provide access to their members or employees. Some databases also offer free access to limited content, such as case summaries or legal news updates.

Legal Research Methodology

Legal research methodology refers to the systematic approach used to conduct legal research. This approach typically involves several key steps, including:

  • Identifying the legal issue: The first step in legal research is to clearly identify the legal issue or question at hand. This may involve analyzing a particular fact pattern, reviewing a client's situation, or determining the legal requirements for a particular transaction or dispute.
  • Researching primary sources: Once the legal issue has been identified, the next step is to research relevant primary sources of law, such as statutes, regulations, and case law. This involves using legal research databases, such as Westlaw or LexisNexis, to find relevant legal authorities.
  • Analyzing primary sources: After gathering relevant primary sources, the next step is to analyze and interpret them. This may involve reading cases or statutes and examining their language, structure, and history. It may also involve identifying key legal concepts and principles.
  • Researching secondary sources: In addition to primary sources, legal researchers may also consult secondary sources such as legal treatises, law review articles, and other scholarly works. These sources can provide additional context and analysis to support legal arguments.
  • Drafting legal memoranda or briefs: Finally, legal researchers may use their findings to draft legal memoranda or briefs, which summarize their research and provide legal analysis and arguments to support their clients' positions.

Types Of Legal Research

Several types of legal research are commonly used in the legal profession. These include:
  • Descriptive legal research: This type of research involves describing or summarizing the current state of the law. It may involve analyzing cases or statutes to identify trends or common themes.
  • Comparative legal research: This type of research involves comparing the law in different jurisdictions or countries. It may involve examining how different legal systems approach similar legal issues.
  • Explanatory legal research: This type of research involves explaining the reasons behind a particular legal principle or decision. It may involve analyzing the legislative history or policy considerations behind a statute or examining the reasoning of a court in a particular case.
  • Evaluative legal research: This type of research involves evaluating the effectiveness of the law or a legal system. It may involve assessing the impact of a particular statute or analyzing the effectiveness of a particular legal remedy.
  • Empirical legal research: This type of research involves gathering and analyzing data related to the law or legal system. It may involve conducting surveys or experiments to test the effectiveness of a particular legal intervention or analyzing data related to legal outcomes.

How To Write Legal Research Papers?

Writing a legal research paper involves several key steps. Here is a general guide on how to write a legal research paper:
  • Choose a topic: Select a topic that is interesting to you and relevant to your field of study or area of practice. Conduct a preliminary search to ensure that there is sufficient legal authority and scholarship available on the topic.
  • Conduct research: Gather and review relevant primary and secondary sources of law, including cases, statutes, regulations, and legal treatises. Take detailed notes and organize your research materials.
  • Write your paper: Use your outline to guide your writing, ensuring that your paper addresses each section in a clear and organized manner. Use clear and concise language, and support your arguments with evidence from your research.
  • Revise and edit: Once you have completed a draft of your paper, review it carefully to ensure that it is well-organized, logically presented, and free from errors. Revise and edit as necessary, and consider seeking feedback from a colleague, professor, or writing tutor.
  • Cite your sources: Use proper citation format to cite all sources of legal authority and scholarship used in your paper. Check with your professor or publisher to determine the appropriate citation format.
  • Submit your paper: Once your paper is complete, submit it to the appropriate audience, such as a law review, academic journal, or legal client. Be sure to follow any submission guidelines or requirements carefully.

Legal Research Service, Guide, And Skill

  • Legal research services are tools or resources that provide access to legal information, such as case law, statutes, and regulations. These services may be available through online databases or legal libraries and are often used by legal professionals, law students, and academics to conduct legal research.
  • Legal research guides are resources that provide guidance and tips on how to conduct legal research effectively. These guides may cover topics such as search strategies, using legal databases, and citation methods. They may be available online or in print and are often used as a reference tool for legal professionals.
  • Legal research skills are the abilities and knowledge necessary to conduct effective legal research. These skills may include the ability to identify and analyze legal issues, locate relevant legal sources, and use legal databases and other resources effectively. Legal research skills are essential for legal professionals, law students, and academics, as they enable individuals to develop and present legal arguments effectively.
Legal research services, guides, and skills are important tools for legal professionals, law students, and academics to conduct effective legal research and develop a deep understanding of legal issues. By using these resources and developing strong legal research skills, individuals can contribute to the development of legal scholarship and practice, and support the effective administration of justice.

Legal Research Websites

There are many legal research websites available that provide access to legal information and resources. Here are some of the most popular and widely used websites:

  • LexisNexis: LexisNexis is a leading provider of legal research and information services, offering access to case law, statutes, regulations, and legal news.
  • Westlaw: Westlaw is another popular legal research service, providing access to a wide range of legal information, including case law, statutes, and secondary sources.
  • HeinOnline: HeinOnline is a comprehensive online database of legal materials, including law reviews, journals, and historical legal documents.
  • FindLaw: FindLaw is a website that offers legal resources and information for both legal professionals and the general public, including access to legal news, articles, and directories of lawyers and law firms.
  • Cornell Legal Information Institute: The Cornell Legal Information Institute is a non-profit organization that provides free access to legal information, including primary sources of law, such as case law and statutes.
  • Justia: Justia is a website that offers free legal resources and information, including access to case law, statutes, and legal news.
  • Google Scholar: Google Scholar is a search engine that provides access to scholarly articles, including legal articles and documents.

These are just a few examples of the many legal research websites available. Depending on your specific research needs, you may also want to explore other legal databases and resources that are available.