How Do You Write A Legal Research Plan?

by | Last updated on January 24, 2024

, , , ,

A legal research plan or strategy is generally conceived to have five common ele- ments:

(1) identification of legally relevant facts both known and unknown

, (2) state- ment of the legal issue or issues, (3) statement of jurisdiction, (4) identification of useful sources and the order in which they are to be used, and …

How do you write a legal research?

  1. Step 1: Gather and Understand the Facts of Your Case. The first step in legal research is to write a statement of facts. …
  2. Step 2: Determine Your Legal Problem and Your Desired Outcome. …
  3. Step 3: Finding Legal Information and Reading About the Law. …
  4. Step 4: Legal Analysis/Legal Writing and beyond.

What are the 5 stages of legal research?

  • Introduction.
  • Step 1: Preliminary Analysis.
  • Step 2: Create a Research Plan.
  • Step 3: Consult Secondary Sources.
  • Step 4: Search for Authority – Statutes, Regulations, and Cases.
  • Step 5: Evaluate Your Search Strategy and Results As You Go.
  • Step 6: Update & Final Check.

What is the best way to do legal research?


Secondary sources

: If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides, legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they’ve already done the work for you.

What does legal research include?

Essentially, it means that legal research is

the process you use to identify and find the laws—including statutes, regulations, and court opinions—that apply to the facts of your case

. In most instances, the purpose of legal research is to find support for a specific legal issue or decision.

What are the types of legal research?

Two main types of empirical legal research are

qualitative and quantitative

. Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

What are the six components of a legal decision?

  • Title and Citation.
  • Facts of the Case.
  • Issues.
  • Decisions (Holdings)
  • Reasoning (Rationale)
  • Separate Opinions.
  • Analysis.

How do you research legal issues?

  • Step 1: Gather and Understand the Facts of Your Case. The first step in legal research is to write a statement of facts. …
  • Step 2: Determine Your Legal Problem and Your Desired Outcome. …
  • Step 3: Finding Legal Information and Reading About the Law. …
  • Step 4: Legal Analysis/Legal Writing and beyond.

What are legal research tools?

  • 7 Free legal search engines and databases. …
  • Fastcase: For an online law library. …
  • CourtListener: For legal opinions. …
  • Caselaw Access Project: For book-published case law. …
  • FindLaw: For searchable Supreme Court decisions. …
  • Legal Information Institute: For US law online and a legal encyclopedia. …
  • Casetext and ROSS: For AI assistance.

What is the aim of legal research?

In most instances, the purpose of legal research is

to find support for a specific legal issue or decision

. For example, attorneys must conduct legal research if they need court opinions (that is, case law) to back up a legal argument they are making in a motion or brief filed with the court.

What are the primary sources of legal research?

The four primary sources are

constitutions, statutes, cases, and regulations

. These laws and rules are issued by official bodies from the three branches of government.

What are the 4 types of research methods?

Data may be grouped into four main types based on methods for collection:

observational, experimental, simulation, and derived

.

What is a legal research question?

Legal research is generally the

process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial

. Sometimes, legal research can help determine whether a legal issue is a “case of first impression” that is unregulated or lacks legal precedent.

What is data in legal method?

Data

means recorded information, regardless of form, the media on which it is recorded, or the method of recording

. Sample 2. Sample 3. Based on 202 documents.

How do you write legal issues in a case?

  1. Be a single sentence.
  2. Be a question that can be answered “yes” or “no”
  3. State the legal issue that you will analyze.
  4. State the names of the parties.
  5. Include enough facts to provide necessary context to the reader.

Do court cases name the parties to the case?

= Names of the parties in the case. (In the trial court,

the first name listed is the plaintiff, the party bringing the suit

. The name following the “v” is the defendant.

Emily Lee
Author
Emily Lee
Emily Lee is a freelance writer and artist based in New York City. She’s an accomplished writer with a deep passion for the arts, and brings a unique perspective to the world of entertainment. Emily has written about art, entertainment, and pop culture.