Legal Research Basics & Source Citation
In this lesson, you'll embark on your journey into the crucial world of legal research! We'll cover the fundamental legal resources you'll use daily and how to properly cite them, ensuring the accuracy and credibility of your work as a litigation paralegal.
Learning Objectives
- Identify and differentiate between various legal research resources, including primary and secondary sources.
- Understand the basic components of a legal citation and how to interpret them.
- Locate and analyze case law using online research tools.
- Appreciate the importance of accurate legal research and proper citation for legal writing.
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Lesson Content
Introduction to Legal Research
Legal research is the foundation of a paralegal's work. It involves finding and analyzing laws, regulations, and court decisions to support legal arguments. This research provides evidence to the legal arguments and is vital to win the case. It is important to know the law relevant to the case or the jurisdiction of the court.
Legal research is broadly categorized into two main source types:
- Primary Sources: These are the actual laws. They include:
- Constitutions: These are the supreme law of the land (e.g., the U.S. Constitution, state constitutions).
- Statutes: Laws passed by legislative bodies (e.g., Congress, state legislatures).
- Case Law (Judicial Opinions): Decisions made by courts (e.g., the Supreme Court, state trial courts). This is a very important source.
- Administrative Regulations: Rules and regulations created by government agencies (e.g., the Environmental Protection Agency).
Secondary Sources Explained
Secondary sources provide commentary on the law and help you understand and locate primary sources. They are not the law itself, but they help you understand and locate primary sources.
Some important secondary sources include:
- Legal Encyclopedias: Provide broad overviews of legal topics (e.g., American Jurisprudence, Corpus Juris Secundum).
- Law Review Articles: In-depth analysis of legal issues written by legal scholars.
- Treatises: Comprehensive books on specific areas of law.
- Restatements of the Law: Summaries of legal principles developed by the American Law Institute.
- Legal Dictionaries: Define legal terms (e.g., Black's Law Dictionary).
Example: A law review article might explain the elements needed to prove a breach of contract claim, which would help you find the relevant case law (primary sources) to support your case.
Understanding Case Law & Citations
Case law is the body of law created by judges in their written opinions. These opinions are a primary source.
Components of a Case Citation: Legal citations provide crucial information about the case.
- Case Name: The names of the parties involved in the case (e.g., Brown v. Board of Education).
- Volume Number: The volume of the reporter where the case is published (e.g., 347 U.S.).
- Reporter Abbreviation: The abbreviation for the reporter series (e.g., U.S. for United States Reports, the official reporter for the U.S. Supreme Court).
- Page Number: The page number where the case begins (e.g., 483).
- Court and Year: The court that decided the case and the year of the decision (e.g., (1954)).
Example: Miranda v. Arizona, 384 U.S. 436 (1966) – This citation tells you the case of Miranda v. Arizona can be found in Volume 384 of the United States Reports, starting on page 436. The case was decided by the U.S. Supreme Court in 1966.
Common Legal Research Tools:
- Westlaw and LexisNexis: Subscription-based online legal research services.
- Google Scholar: Free online search engine for legal opinions and other legal resources.
- Court Websites: Many courts provide access to their opinions online.
Deep Dive
Explore advanced insights, examples, and bonus exercises to deepen understanding.
Deep Dive: Beyond the Basics of Legal Research
We've covered the what and how of legal research. Now, let's delve into the 'why' and explore the strategic thinking behind effective legal research. Understanding the nuances of legal research goes beyond simply finding information; it's about building a narrative, anticipating arguments, and ultimately, constructing a compelling case for your legal team. This includes understanding the hierarchy of legal authority (federal vs. state law, binding vs. persuasive precedent), the role of legislative history, and the importance of keeping your research current.
Hierarchy of Authority: Not all legal sources carry the same weight. Primary authority (statutes, case law) from the jurisdiction where the case is being heard is binding. Persuasive authority (case law from other jurisdictions, secondary sources) can influence the court but isn't binding. Understanding this hierarchy dictates how you prioritize and present your research findings.
Legislative History: Sometimes, a statute's plain language isn't clear. Legislative history – the records of debates, committee reports, and other documents related to the enactment of a law – can illuminate the lawmakers' intent. This can be crucial in persuading a court of the correct interpretation of a statute.
Currency of Research: Legal landscapes change constantly. Regularly update your research to reflect recent developments, including new case law, amended statutes, and emerging legal trends. Tools like KeyCite and Shepard's provide critical currency checks.
Bonus Exercises
Exercise 1: Case Briefing Practice
Choose a recent case related to a common area of law (e.g., contract law, torts). Using only the case's official opinion, create a brief, focusing on the facts, issue(s) presented, the court's holding, and the reasoning behind the holding. Practice identifying the legal principles and key arguments. This exercise hones your ability to extract relevant information from case law.
Exercise 2: Citation Analysis
Find a legal document (e.g., a court brief, an appellate court opinion). Identify five citations within the document. For each citation, break down its components, determine its source type (case, statute, etc.), and assess whether it’s a primary or secondary authority in your jurisdiction. Explain how you determined the type and authority.
Real-World Connections
Accurate legal research and citation aren't just academic exercises; they are the foundation of your credibility and the success of your legal team.
Client Communication: When explaining legal concepts to clients, your solid research allows you to simplify complex information, building trust and confidence. The ability to correctly identify and use relevant legal information directly affects client outcomes.
Drafting Legal Documents: Precise legal research ensures that the legal arguments in briefs, memoranda, and other documents are persuasive, well-supported, and defensible in court. Citation errors can undermine a document's credibility and weaken the legal position it advances.
Collaboration with Attorneys: Strong research and writing skills are essential for paralegals to communicate effectively and provide valuable support to attorneys. The better the paralegal's research, the better the final legal product. Paralegals are often asked to summarize vast amounts of information and to synthesize different perspectives into clear and concise reports. Strong legal research and writing abilities are critical.
Challenge Yourself
Advanced Research Scenario: Imagine you're assigned to research the evolving legal standards for data privacy in your state. Focus on the interplay between state and federal law, and identify any recent court decisions impacting this area. Prepare a short memo summarizing your findings and highlighting any ambiguities or areas of legal uncertainty. Use KeyCite or Shepard's to check the validity of your sources and cite all sources according to Bluebook rules.
Further Learning
- Legal Research 101 for Paralegals: Introduction to the Fundamentals — a basic introduction to legal research.
- Legal Research: Advanced Research Skills — delves further into finding more case law and the use of KeyCite and Shepard's.
- How To Read & Understand A Case In Law School — tips for understanding case law.
Interactive Exercises
Citation Scavenger Hunt
Using a legal citation (provided by your instructor or a real citation from a case, like the one mentioned above), locate the case in a free online source such as Google Scholar. Read the introduction to the case and identify the court that rendered the decision and the year the case was decided.
Source Identification Quiz
Your instructor will provide a list of sources, and your job is to identify whether each source is primary or secondary. Prepare a list that includes: US Constitution, a treatise on torts law, a law review article on contract law, a state statute, and a court case.
Citation Deconstruction
Given several legal citations, break down each citation into its component parts (case name, volume, reporter, page number, court, and year) and explain what information each part provides.
Reflection on Research Challenges
Think about a legal issue (real or hypothetical) and brainstorm what primary and secondary resources you could use to research this issue. Discuss potential challenges you might face during this research (e.g., information overload, difficult terminology). Share your ideas in a class discussion.
Practical Application
Imagine you are assigned to research the elements of a negligence claim in your state. You need to provide your supervising attorney with a memo summarizing the elements, supported by relevant case law. This is a good opportunity to practice legal research and citation principles. Outline the primary and secondary sources you would use. Conduct research on the requirements for proving a negligence claim in your state. Write a short memo that lists the elements of the claim and one example case to prove each element, and cite properly.
Key Takeaways
Legal research is fundamental to the role of a paralegal and crucial to legal writing.
Primary sources are the law itself; secondary sources provide commentary and guidance.
Understanding case citations is essential for finding and referencing legal authorities.
Accurate citations are critical for credibility and for enabling others to verify your information.
Next Steps
In the next lesson, we will focus on legal writing, including drafting basic legal documents such as emails and memos.
Please review some examples of professional emails and memoranda.
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