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.
Deep Dive
Explore advanced insights, examples, and bonus exercises to deepen understanding.
Day 2: Litigation Paralegal - Legal Research & Analysis (Expanded)
Welcome back! You've successfully completed the introductory lesson on legal research. Today, we'll delve deeper into the intricacies of this crucial skill, building upon your understanding of citations, court structures, and the power of precedent.
Deep Dive Section: Unpacking Legal Authorities
Beyond simply *knowing* what a citation *is*, understanding the hierarchy of legal authority is vital. This knowledge is crucial when evaluating the weight and persuasiveness of different legal sources. Consider these levels:
- Constitutions: The supreme law of the land (e.g., the U.S. Constitution). They trump all other laws.
- Statutes: Laws passed by legislative bodies (e.g., Congress, State Legislatures). These are generally ranked above case law.
- Case Law (Judicial Decisions): Decisions made by courts. This is where your legal research skills will really shine! Within case law, consider these sub-levels:
- Holding: The core legal rule or principle decided by the court.
- Dicta (Obiter Dicta): Statements made by the court that are not essential to the decision but provide additional commentary or discussion. Dicta, while potentially persuasive, does not hold the same weight as the holding.
- Binding Precedent: Decisions from higher courts within the same jurisdiction that lower courts *must* follow.
- Persuasive Authority: Decisions from courts outside the jurisdiction, or from lower courts within the jurisdiction, that a court *may* consider. They are not binding.
- Administrative Regulations: Rules and regulations created by administrative agencies (e.g., the Environmental Protection Agency). These can have the force of law.
Understanding this hierarchy allows you to prioritize your research efforts and construct strong legal arguments. For example, a court must follow binding precedent from its own jurisdiction over a persuasive authority from another state. Similarly, a statute usually trumps case law.
Bonus Exercises
Let's practice what we've learned! Try these exercises:
- Citation Scavenger Hunt: Find three different case citations online (e.g., using Google Scholar or a free legal database). Identify the court, the year the decision was made, and the holding of the case (summarize it in a sentence or two). Note whether the court is a state court or a federal court.
- Precedent Challenge: Imagine you are researching a personal injury case in your state. Research a case in your state's highest court on the topic. Identify the holding. Then, research a case in the *same* state, but from a lower court, that deals with a very similar set of facts and a similar issue of law. Compare the outcomes. Did the lower court follow the higher court's precedent? Explain why or why not.
- Dicta vs. Holding Challenge: Find a published court opinion (from a legal database like Westlaw or LexisNexis - many offer free trials). Read the opinion and identify a specific paragraph that contains dicta. Explain why you believe this specific paragraph is dicta, and what topic is being discussed that is not essential to the court's core decision. Then, find and summarize the holding of the court's decision in a sentence or two.
Real-World Connections
The skills you're learning have direct applications in various legal contexts:
- Drafting Legal Memoranda: You'll use your research to support arguments and provide legal analysis.
- Preparing for Depositions: Understanding precedent helps you anticipate arguments from the opposing side and prepare effective cross-examination questions.
- Summarizing Case Law: Paralegals often need to create concise summaries of court opinions for attorneys.
- Litigation Support: Organizing case law, identifying key facts, and summarizing legal arguments are all part of supporting a legal team.
Think about how precedent applies to daily life. For example, when a new employee at a business has to perform their duties; that employee will be expected to perform them in a manner similar to previous employees. The employee performing their new duties is adhering to precedent.
Challenge Yourself
For an extra challenge, try this:
Find a case that has been overturned on appeal. Research the original case and the appellate court's decision. Summarize why the appellate court overturned the lower court's ruling. What legal principles were at play? Consider the concept of "stare decisis" and how the appellate court's ruling impacts the future of the law on this issue.
Further Learning
Continue your exploration with these topics:
- Legal Databases: Explore the functionality of Westlaw, LexisNexis, or free alternatives like Google Scholar or Casetext. Practice searching and filtering techniques.
- Statutory Interpretation: Learn how courts interpret statutes, including common tools like legislative history and canons of construction.
- Brief Writing: Familiarize yourself with the structure and components of a legal brief (e.g., issue statements, facts, arguments, conclusion).
- Ethics in Legal Research: Learn the importance of conducting thorough, unbiased research, and the ethical responsibilities of a paralegal.
Consider reading a legal research textbook or taking an online course to expand your knowledge.
Interactive Exercises
Citation Scavenger Hunt
Using online legal research tools like Google Scholar or a free legal database, find the full text of *Brown v. Board of Education*, 347 U.S. 483 (1954). Identify the case name, facts, issue, holding, and the court's reasoning. Then, summarize the basic facts of the case in one or two sentences.
Case Component Matching
Match the following case components with their definitions: * A. Facts * B. Issue * C. Rule of Law * D. Holding 1. The legal question the court must decide. 2. The court's decision. 3. A summary of the events that led to the lawsuit. 4. The legal principle the court used.
Precedent's Impact Reflection
Think about a legal issue you are interested in (e.g., car accidents, contract disputes). Research a recent case that discusses the law on that subject. Explain in your own words how the court used precedent in its reasoning.
Practical Application
Imagine you are working on a case involving a breach of contract. Identify one relevant case that is precedent for this situation. Create a brief summary of the facts, issue, holding, and how the court used precedent in its reasoning.
Key Takeaways
Legal research is fundamental to legal work.
Legal citations are used to find legal information.
Understanding case components is crucial to understanding the law.
Common law relies on the principles of precedent and stare decisis.
Next Steps
In the next lesson, we will explore different types of legal authorities, including statutes, regulations, and case law databases.
We'll also cover the process of formulating a legal issue and identifying relevant legal authorities.
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