What Is Legal Research Method

However, keep in mind that legal research is not always a linear process. You can start by going from source to source as described above, and then find that you need to go back to secondary sources once you better understand the legal issue. In other cases, you may even find the answer you`re looking for in a source not listed above, such as in a template. B of a letter filed with the court by another lawyer. Ultimately, you need to go where the information takes you. Large legal databases all have their own Citator tools. For example, Casetext offers SmartCite, which “uses a flag system to indicate case processing.” Casetext can also help you “assess whether a case is good law and find other relevant cases that cite that opinion.” Whether you are a lawyer, paralegal or law student, it is important that legal research is conducted effectively. This is where methodology comes in. Different cases need to be approached in different ways, and that`s why it`s important to know what kind of legal research methodology is appropriate for your case and useful for your client. A set of rules or procedures should be followed in quantitative research, although qualitative research tends to be more flexible. Although qualitative research is influenced by the researcher`s personal values and biases, quantitative research attempts to account for results objectively, and the role of the researcher is neutral. The advantages of quantitative methods are as follows: Commercial services for legal research include both primary and secondary sources. Commercial services can be country-specific, international or comparative.

In 2010, commercial legal research tools in the United States generated about $8 billion in revenue per year. [7] Don`t let your research be wasted or let facts slip through the cracks due to a poor documentation system. By using secure cloud-based fact management software, you can record your searches in an efficient, organized, and accessible way. Due to the changing social, moral and political context, many laws may lose their relevance or appear insufficient to meet the needs of society. Legal research can help to understand laws that are old and need to be reformed. Non-doctrinal or empirical research occurs when research is conducted by collecting or collecting information through a first-hand/direct/original study. It is based on experience or observations rather than theoretical aspects. Therefore, it is also known as an experimental type of research.

In this type of research, the researcher tries to study the effects of the functioning of the law in society. One of the traditional classifications is pure and applied research. This includes a comparison of legal doctrines, legislation and foreign laws. It highlights the cultural and social nature of the law and how it works in different environments. It is therefore useful for developing, amending and amending the law. However, legal research is also important for a lawyer who should be familiar with the areas of law in which he claims to have expertise as a true problem solver. It is undeniable that a lawyer must represent a client competently. Each lawyer must use basic legal research tools and implement an effective and efficient research plan to ensure competent representation. TexasLawHelp.org contains a variety of abstracts, articles, self-help forms, fact sheets and external links to information on many legal topics. These articles and forms are written by licensed lawyers. Topics are organized by area of law and include, but are not limited to: Descriptive research attempts to systematically describe a situation, problem, phenomenon, or behavior.

A description is about making complicated things understandable and simple. Learn more about the best free tools for legal research. As essential steps in methodology, legal research analysis evaluates facts, which legal terms may be relevant, finds primary and secondary sources, synthesizes relevant principles, and applies them to the research problem. Always collect 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 likely need to include a statement of fact in any submission or briefing. Even if you don`t think a fact might be relevant now, write it down because it may prove relevant later. These facts are also useful for identifying your legal problem. Stopping to collect and record critical details (such as who, what, when, where, and how of your case) lays the groundwork for a more focused and streamlined legal research process. Conclusions and suggestions – based on hypothesis. The advantage of this method is that it is fast and flexible.

This helps to provide a solution when there is ambiguity in interpretation. The disadvantages of this method are that it is limited in scope, since it does not analyze the application of the law in society, since we only use existing information. If little information is available about a new area or judgment, you may come to an erroneous conclusion. Legal research is an investigation conducted by judges, lawyers and legal researchers seeking a deeper and more complete understanding of the true nature of legal problems. Each of the three types of legal sources you work with has a purpose in the legal research process. Here`s a brief overview: What the research does empirically is that it is based on observations of the world, in other words, data, which are just a term for facts about the world. .