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.

Text-to-Speech

Listen to the lesson content

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.
Progress
0%