Overview of Legal Research and Common Law

This lesson introduces the essential skills of legal research, beginning with understanding legal citations and the structure of a court case. You will learn about the common law system and how precedent shapes legal arguments and outcomes.

Learning Objectives

  • Identify the key components of a legal citation.
  • Recognize the structure of a court case and its different sections.
  • Define common law and its role in establishing legal precedent.
  • Explain the importance of precedent in legal research.

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Lesson Content

Introduction to Legal Research

Legal research is the process of finding and analyzing laws, statutes, regulations, and court decisions to support a legal argument. It's the foundation of a paralegal's work. Without accurate and thorough research, you cannot build a strong case. This research helps you to understand the law relevant to a specific legal issue, locate supporting authorities, and provide guidance to attorneys.

Legal research helps you understand the law, find relevant information (like cases and statutes) that support or disprove an argument. It gives you an edge to support your case effectively.

Understanding Legal Citations

Legal citations are like addresses for legal documents. They tell you where to find a case, statute, or other legal source. A citation includes several parts:

  • Volume Number: The number of the book or reporter where the case is found.
  • Reporter Abbreviation: A standard abbreviation for the court reporter (e.g., 'U.S.' for United States Reports, the official record of the Supreme Court).
  • Page Number: The page number where the case begins.
  • Case Name: The name of the case (e.g., Brown v. Board of Education).
  • Court and Year: The court that decided the case and the year the decision was made.

Example: Brown v. Board of Education, 347 U.S. 483 (1954)

  • 347: Volume number of the United States Reports
  • U.S.: United States Reports (the official reporter)
  • 483: Page number where the case begins
  • (1954): Year the case was decided

Anatomy of a Case

A court case generally includes several key components:

  • Case Name: The names of the parties involved (e.g., Plaintiff v. Defendant).
  • Facts: A summary of the events that led to the lawsuit.
  • Issue(s): The legal question(s) the court must decide.
  • Rule of Law: The legal principle(s) the court will apply to the facts (e.g., a statute or a legal rule from a prior case).
  • Holding: The court's decision or answer to the legal issue, and often reasons why.
  • Reasoning: The court's explanation for its decision.
  • Disposition: The final outcome of the case (e.g., judgment for the plaintiff, reversed and remanded).

Introduction to Common Law and Precedent

Common law is law based on court decisions, rather than on statutes or regulations. It’s developed by judges in cases. This system relies heavily on precedent, which means that earlier court decisions (called cases) are used as a basis for deciding later cases involving similar facts or legal issues. The principle of following precedent is called stare decisis (Latin for 'to stand by things decided').

  • Precedent: A prior case that sets a rule or principle for future cases.
  • Stare Decisis: The legal principle of determining points in litigation according to precedent.
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