what is methodology in legal research

Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Sep 12, 2023 327 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 5385 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) This resource is also available in Westlaw & Lexis .
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 4737 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 3741 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 668 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• KeyCite Video Tutorial
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Automated Services

Automated services can check your work and ensure that you are not missing important resources. You can learn more about several automated brief check services.  However, these services are not a replacement for conducting your own diligent research .

• Automated Brief Check Instructional Video

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You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner. 

• Last Updated: Sep 21, 2023 2:56 PM
• URL: https://guides.library.harvard.edu/law/researchstrategy

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Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

Legal research is imperative to the practice of law. Depending on where you are in your legal career, there could be multiple reasons to brush up on the basics of legal research. You could be a: 

• Law student or recent graduate preparing for your career 
• Seasoned attorney aiming to brush up on the basics amidst ever-evolving legal research technology 
• Growing law firm preparing to train new attorneys or paralegals 

Regardless of which of these categories you align with most, reviewing the basics of legal research should become regular practice. After all, the importance of legal research cannot be overstated – pinpointing the best facts and knowledge for your case can make the difference between winning and losing.  

Use this article to review the basics and set yourself (and your firm) up for success. First, we’ll define legal research and its components. Then, we’ll walk you through a step-by-step process for conducting superior legal research. Finally, we’ll close with recommendations for tools that can help you become both an accurate and efficient legal researcher – which ultimately equips you with a reputation for success in the courtroom.  

What is Legal Research?

Legal research is defined as the process of identifying and retrieving information necessary to support legal decision-making. There are multiple reasons you might conduct legal research: 

• To find “good” case law that backs up your motion or brief  
• To provide legal counsel to clients  
• To provide a memo or brief for class (law students only)  
• To identify case law that refutes an opposing argument 
• To support the over-arching narrative of your case 

What is the Importance of Legal Research?

Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.

Historically, attorneys combed through books and libraries for the perfect facts, cases, and issues; now, technology has largely replaced this process. While the prominence of ever-evolving technology has made the process more efficient (and, in many ways, easier), the sheer number of products and options available can be overwhelming.  

The Legal Research Process

Understanding that the legal research process can be overwhelming and time-consuming, we’ve broken the legal research process down into three key steps: 

• Understand the facts of your case 
• Gather sources of law 
• Check your citations for “good” law 

Each of these steps is detailed below, alongside a quick-view checklist.  

Step 1: Record the Facts of Your Case and Create a Research Plan  

Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case. Ask yourself the following questions: 

• What is the legal issue at hand?  
• What are the details of the case?  
• What jurisdiction is most relevant?  
• Do you need state or federal case law? 

Record your facts in a case management tool before beginning – this can help you develop a course of action and narrow down where to start your research. While it may be tempting to skip this step, a commitment to this process saves you time in the long run by helping you efficiently juggle multiple clients. Not to mention, you will likely need what you’ve recorded to file a motion or brief. 

With the facts of the case recorded, you can begin your research. Because this will help you develop a plan for gathering your sources, we will briefly discuss creating a research plan before moving on to Step 2.  

Did you know? LexisNexis boasts a collection of state case law superior to its leading competitors. Easily filter by jurisdiction before or after your search.  

Creating a Research Plan  

Review the facts you recorded to determine what information you will need to build your case. When legal research first moved online, many attorneys felt the need to start with a free service like Google to identify terms of art before conducting a search in a legal research platform. However, this is no longer necessary. Research platforms like Lexis+ allow you to start your search with a natural language search or question and equip you to quickly comb both primary and secondary sources. Litigators, specifically, can use Fact and Issue Finder – integrated directly with Lexis+ – to help quickly identify the best terms of art for their search.  

Creating your research plan is less about planning where you will search and more about planning what you will search. You know your research can be conducted on one, fully integrated platform. So, what questions will you ask to get started? What legal issues do you need more information about? What filters will you need (jurisdiction, time period, etc.)?  

Once you know what you will search for, you are ready to gather sources.  

Step 2: Gather Sources of Law  

The next step in your process is to gather relevant sources of law. Below, we detail the difference between primary law and secondary law. Importantly, when gathering sources, start with secondary law materials. This helps ensure you are up-to-speed on what experts have to say about a topic before you begin your case law search. Why does this matter? Think about it as building your knowledge base before crafting an argument – you’ll be less likely to make mistakes and more inclined to spot case-winning primary law.  

What are Secondary Sources of Law?  

Secondary legal sources are materials that describe or interpret the law. They are educational resources that provide analysis of the law. These documents are cited by attorneys to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Start with secondary sources to learn from legal experts that have already explored a given topic.  

Secondary sources may include: 

• Practice guides 
• Legal treatises 
• Law review articles 
• Scholarly journals 
• Legal news 
• Jury instructions 
• Legal dictionaries and encyclopedias 

What are Primary Sources of Law?  

A primary legal source is a formal document officially issued by the government that establishes the law on a particular matter, such as a case decision or legislative act. Primary sources are the law. This is the most authoritative step in the legal research process. You can support arguments with primary sources as they are not only authoritative, but precedential and controlling.  

Your primary sources may include: 

• Case law (federal and/or state) 
• Orders 
• Decisions 
• Statutes and regulations 
• Constitutions  
• Treatises 

Step 3: Check to See If You’re Using Good Law   

The final step in your research process should include a final check to ensure you have used “good” law – this means you are using case law that has been treated positively in court (as opposed to case law that has been overturned or brought into question). 

Check your case citations as you collect them, especially since legal research software can allow a quick view of how your case has been treated in court directly from your search results. However, it is best practice to review your citations once your research process is complete to check for any gaps, changes, or oversights.  

Read more about using good law and the process of " Shepardizing ."

Conduct Winning Legal Research  

Following this three-step process ensures you’re taking the right measures to find the most accurate, relevant and valuable data to achieve your objectives. Now that you’re ready to conduct winning legal research, take some time to review products and tools that can help you in your path to success.  

Getting Started with Legal Research Tools   

Legal research is key to drafting effective documents and building winning cases. Legal research solutions have evolved substantially – helping you conduct legal research with increased efficiency and accuracy . Below is a list of legal research tools to help you build a winning case:  

• Lexis +:  This is the premier LexisNexis fully integrated legal research platform. Features such as Shepard's At Risk ensures you’re citing only the most authoritative sources, with unprecedented visibility into whether a case is at risk of being overruled or undermined. Other Lexis+ features include, but aren’t limited to: 
• Brief Analysis: Get a clear picture of the contents of your legal brief to identify any missteps and bolster your arguments against opposing counsel. Simply upload and file and quickly evaluate the legal authority cited in your (or an opposing) brief in granular detail and receive recommendations for additional searches.  
• Litigation Analytics: Get the most accurate insights into judges, courts, attorneys, and law firms to ensure your success in litigation. Understand critical insights regarding caseloads, experience across case types, timing to key milestones, and damages by comparing federal districts and judges. 
• Shepard's ® Citations Service:  See if a case has been overturned, reaffirmed, questioned, or cited by later cases, or is at risk of negative treatment. Your research needs to provide precedential value. Using reversed or overruled authority doesn't qualify as "Good Law" and your research may be ineffectual or harmful to your case.  
• Practical Guidance: View professional insights on 20 different practice areas. Accomplish any task with practice notes, annotated templates, and checklists.  
• Legal News Hub: Receive up-to-the-minute, award-winning journalism and legal news from Law360 and Law360 Pulse anytime you need it — without having to leave the Lexis+ ecosystem. Stay current on critical developments across legal practice areas, with over 70 coverage areas spanning the practice and business of law. 

LexisNexis is here to support your firm in winning your next case. With Lexis+, all of your legal research needs are integrated into one platform as a true start-to-finish solution. Ready to learn more? Take a guided tour of Lexis+ today. 

Buy Now    Free Lexis+ Access

• Practical Guidance
• Legal Research
• Shepard's Citations Service

Legal Methods

• Getting Started
• Introduction to Legal Research
• Secondary Sources
• Case Law Research
• Research with Citators
• Statutory Research
• Federal Legislative History
• Federal Administrative Law Research
• Electronic Legal Research
• Developing a Research Plan
• Tip - Subject Matter Service Research
• Legal Research and Writing Titles on West Academic Digital Library
• Legal Research and Writing Titles on LexisNexis Digital Library
• Legal Research and Writing Titles on Aspen Learning Digital Library

Where to Begin Research Project

There are two preliminary steps to take:

• Define the scope of your project - evaluate the type of work product you are expected to produce and the amount of time you have.
• Generate search terms - construct a random list of words that seem relevant to the issue; the parties involved in the problem and relationships to each other, the places and things involved in the problem, the potential claims and defenses that could be raised, and the relief sought by the complaining party.

Primary Mandatory Authority -- if you have background on your topic -- seek out research notes in Constitutions, Court Opinions, Statutes, and Regulations.

Secondary Authority -- helps generate search terms and what authority you should research -- provide commentary on and analysis of the law.

Primary Persuasive Authority -- rarely used to start research projects.

Types of Authority

Mandatory (binding).

• Constitutional provisions, statutes, and regulations in force within a jurisdiction are mandatory authority for courts within the same jurisdiction.
• Decisions from higher courts within a jurisdiction are mandatory authority for lower courts within the same jurisdiction.

Persuasive (Nonbinding)

• Decisions from courts within one jurisdiction are persuasive authority for courts within another jurisdiction.
• Decisions from lower courts within a jurisdiction are persuasive authority for higher courts within the same jurisdiction.
• Secondary authority is not mandatory authority.
• Secondary authority is persuasive authority.

Legal System - Federal

Legal system - state.

The National Center for State Courts (NCSC) acts as a non-profit provider of many services to the courts including: research studies, consulting, a variety of educational programs, an extensive web database of information on court administration, the largest library of materials on court administration in the world, and continued assistance in the improvement of inter-branch relations through its lobbying and advocacy services.

The State Court Web Sites page of the NCSC provides judicial branch links for each state, focusing on the administrative office of the courts, the court of last resort, any intermediate appellate courts, and each trial court level.

Pennsylvania

The Unified Judicial System of Pennsylvania (AOPC)

The judiciary’s entry-level courts are located in more than 500 magisterial districts and in municipal courts in Philadelphia and Pittsburgh. The next level, the state’s trial courts or Courts of Common Pleas, are in judicial districts which mostly follow county boundaries. The statewide intermediate appellate courts — Superior and Commonwealth — hear criminal and civil appeals from the trial courts and some original cases brought against the state and its agencies.

The Supreme Court of Pennsylvania is the highest arbiter of cases in the judicial system, and has administrative authority over the entire court system. The  Pennsylvania court system  is structured like a pyramid with the Supreme Court at the top.

Pennsylvania District Courts

What's the Difference Between State and Federal Courts?

Pennsylvania state courts decide cases involving child custody matters, divorce, most criminal cases, real estate issues, juvenile issues, contract disputes, traffic violations, personal injury issues, and inheritance matters, to name a few. These courts can also hear cases that are appeals from state or local agencies. For example, an appeal from a local zoning decision would normally go to the local Common Pleas Court.

But, there are certain categories of legal disputes that are resolved in federal courts. Federal courts may hear cases that involve the U.S. Constitution, federal law, the United States government, or controversies between states or between the U.S. government and foreign governments. In addition, they may hear “diversity of citizenship” cases – cases between citizens of different states (for example, between a citizen of Pennsylvania and a citizen of New York), or between a citizen of a state and a non-U.S. citizen. Note that diversity of citizenship cases must involve claims that exceed $75,000.

The federal courts also hear appeals from federal agencies. For example, an appeal from a denial of social security benefits by the Social Security Administration, would go to the federal courts, once all administrative appeals are finished.

Federal district courts in Pennsylvania are: the U.S. District Court for the Eastern District of Pennsylvania, the U.S. District Court for the Western District of Pennsylvania, and the U.S. District Court for the Middle District of Pennsylvania.

Magisterial District Courts

Together with the Pennsylvania State Data Center, the Pennsylvania Courts have created a new interactive tool to help the public find information related to the Magisterial District Courts. The  Interactive Magisterial District Court Map  clearly lays out the boundaries of all of Pennsylvania's 509 magisterial district courts. To locate your magisterial district court office, run a search for your address. From your search result on the map, left click within the boundaries of the district to see the Judge's name, contact information and office location for your address.

The home button on the top left portion of the map will return you to the default, statewide view.

In addition to information about magisterial district courts, the map also indicates county courthouses, law enforcement agencies and correctional facilities.

Unlike other counties in Pennsylvania with magisterial district courts, Philadelphia has The Municipal Court. For more information about The Municipal Court in Philadelphia, see the  Philadelphia Court's website .

Legal Citation

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• Last Updated: Jun 25, 2024 8:09 AM
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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? 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. 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.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• 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. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

Related insights

Westlaw tip of the week: Checking cases with KeyCite

Why legislative history matters when crafting a winning argument

Case law research tools: The most useful free and paid offerings

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How to Conduct Legal Research

September 21, 2021

Conducting legal research can challenge even the most skilled law practitioners.

As laws evolve across jurisdictions, it can be a difficult to keep pace with every legal development. Equally daunting is the ability to track and glean insights into stakeholder strategies and legal responses. Without quick and easy access to the right tools, the legal research upon which case strategy hinges may face cost, personnel, and litigation outcome challenges.

Bloomberg Law’s artificial intelligence-driven tools drastically reduce the time to perform legal research. Whether you seek quick answers to legal research definitions, or general guidance on the legal research process, Bloomberg Law’s Core Litigation Skills Toolkit has you covered.

What is legal research?

Legal research is the process of uncovering and understanding all of the legal precedents, laws, regulations, and other legal authorities that apply in a case and inform an attorney’s course of action.

Legal research often involves case law research, which is the practice of identifying and interpreting the most relevant cases concerning the topic at issue. Legal research can also involve a deep dive into a judge’s past rulings or opposing counsel’s record of success.

Research is not a process that has a finite start and end, but remains ongoing throughout every phase of a legal matter. It is a cornerstone of a litigator’s skills.

[Learn how our integrated, time-saving litigation research tools allow litigators to streamline their work and get answers quickly.]

Where do I begin my legal research?

Beginning your legal research will look different for each assignment. At the outset, ensure that you understand your goal by asking questions and taking careful notes. Ask about background case information, logistical issues such as filing deadlines, the client/matter number, and billing instructions.

It’s also important to consider how your legal research will be used. Is the research to be used for a pending motion? If you are helping with a motion for summary judgment, for example, your goal is to find cases that are in the same procedural posture as yours and come out favorably for your side (i.e., if your client is the one filing the motion, try to find cases where a motion for summary judgment was granted, not denied). Keep in mind the burden of proof for different kinds of motions.

Finally, but no less important, assess the key facts of the case. Who are the relevant parties? Where is the jurisdiction? Who is the judge? Note all case details that come to mind.

What if I’m new to the practice area or specific legal issue?

While conducting legal research, it is easy to go down rabbit holes. Resist the urge to start by reviewing individual cases, which may prove irrelevant. Start instead with secondary sources, which often provide a prevailing statement of the law for a specific topic. These sources will save time and orient you to the area of the law and key issues.

Litigation Practical Guidance provides the essentials including step-by-step guidance, expert legal analysis, and a preview of next steps. Source citations are included in all Practical Guidance, and you can filter Points of Law, Smart Code®, and court opinions searches to get the jurisdiction-specific cases or statutes you need.

Searching across Points of Law will help to get your bearings on an issue before diving into reading the cases in full. Points of Law uses machine learning to identify key legal principles expressed in court opinions, which are easily searchable by keyword and jurisdiction. This tool helps you quickly find other cases that have expressed the same Point of Law, and directs you to related Points of Law that might be relevant to your research. It is automatically updated with the most recent opinions, saving you time and helping you quickly drill down to the relevant cases.

How do I respond to the opposing side’s brief?

Whether a brief is yours or that of the opposing party, Bloomberg Law’s Brief Analyzer is an essential component in the legal research process. It reduces the time spent analyzing a brief, identifying relevant authorities, and preparing a solid response.

To start, navigate to Brief Analyzer available from the Bloomberg Law homepage, within the Litigation Intelligence Center , or from Docket Key search results for briefs.

Simply upload the opposing side’s brief into the tool, and Brief Analyzer will generate a report of the cited authorities and arguments contained in the brief.

You can easily view a comparison with the brief and analysis side by side. It will also point you directly to relevant cases, Points of Law, and Practical Guidance to jump start your research.

[ How to Write a Legal Brief – Learn how to shorten the legal research cycle and give your legal brief a competitive advantage.]

How to optimize your search.

Crafting searches is a critical skill when it comes to legal research. Although many legal research platforms, including Bloomberg Law, offer natural language searching, terms and connectors (also called Boolean) searching is still a vital legal research skill and should be used when searching across court opinions, dockets, Points of Law, and other primary and secondary sources.

When you conduct a natural language search, the search engine applies algorithms to rank your results. Why a certain case is ranked as it is may not be obvious. This makes it harder to interpret whether the search is giving you everything you need. It is also harder to efficiently and effectively manipulate your search terms to zero in on the results you want. Using Boolean searching gives you better control over your search and greater confidence in your results.

The good news? Bloomberg Law does not charge by the search for court opinion searches. If your initial search was much too broad or much too narrow, you do not have to worry about immediately running a new and improved search.

Follow these tips when beginning a search to ensure that you do not miss relevant materials:

• Make sure you do not have typos in your search string.
• Search the appropriate source or section of the research platform. It is possible to search only within a practice area, jurisdiction, secondary resource, or other grouping of materials.
• Make sure you know which terms and connectors are utilized by the platform you are working on and what they mean – there is no uniform standard set of terms of connectors utilized by all platforms.
• Include in your search all possible terms the court might use, or alternate ways the court may address an issue. It is best to group the alternatives together within a parenthetical, connected by OR between each term.
• Consider including single and multiple character wildcards when relevant. Using a single character wildcard (an asterisk) and/or a multiple character wildcard (an exclamation point) helps you capture all word variations – even those you might not have envisioned.
• Try using a tool that helps you find additional relevant case law. When you find relevant authority, use BCITE on Bloomberg Law to find all other cases and/or sources that cite back to that case. When in BCITE, click on the Citing Documents tab, and search by keyword to narrow the results. Alternatively, you can use the court’s language or ruling to search Points of Law and find other cases that addressed the same issue or reached the same ruling.

[Bloomberg Law subscribers can access a complete checklist of search term best practices . Not a subscriber? Request a Demo .]

How can legal research help with drafting or strategy?

Before drafting a motion or brief, search for examples of what firm lawyers filed with the court in similar cases. You can likely find recent examples in your firm’s internal document system or search Bloomberg Law’s dockets. If possible, look for things filed before the same judge so you can get a quick check on rules/procedures to be followed (and by the same partner when possible so you can get an idea of their style preferences).

Careful docket search provides a wealth of information about relevant cases, jurisdictions, judges, and opposing counsel. On Bloomberg Law, type “Dockets Search” in the Go bar or find the dockets search box in the Litigation Intelligence Center .

If you do not know the specific docket number and/or court, use the docket search functionality Docket Key . Select from any of 20 categories, including motions, briefs, and orders, across all 94 federal district courts, to pinpoint the exact filing of choice.

Dockets can also help you access lots of information to guide your case strategy. For example, if you are considering filing a particular type of motion, such as a sanctions motion, you can use dockets to help determine how frequently your judge grants sanctions motions. You can also use dockets to see how similar cases before your judge proceeded through discovery.

If you are researching expert witnesses, you can use dockets to help determine if the expert has been recently excluded from a case, or whether their opinion has been limited. If so, this will help you determine whether the expert is a good fit for your case.

Dockets are a powerful research tool that allow you to search across filings to support your argument. Stay apprised of docket updates with the “Create Alert” option on Bloomberg Law.

Dive deeper into competitive research.

For even more competitive research insights, dive into Bloomberg Law’s Litigation Analytics – this is available in the Litigation tab on the homepage. Data here helps attorneys develop litigation strategy, predict possible outcomes, and better advise clients.

To start, under Litigation Analytics , leverage the Attorney tab to view case history and preview legal strategies the opposition may practice against you. Also, within Litigation Analytics, use the Court tab to get aggregate motion and appeal outcome rates across all federal courts, with the option to run comparisons across jurisdictions, and filter by company, law firm, and attorney.

Use the Judge tab to glean insights from cited opinions, and past and current decisions by motion and appeal outcomes. Also view litigation analytics in the right rail of court opinions.

Docket search can also offer intel on your opponent. Has your opponent filed similar lawsuits or made similar arguments before? How did those cases pan out? You can learn a lot about an opponent from past appearances in court.

How do I validate case law citations?

Checking the status of case law is essential in legal research. Rely on Bloomberg Law’s proprietary citator, BCITE. This time-saving tool lets you know if a case is still good law.

Under each court opinion, simply look to the right rail. There, you will see a thumbnail icon for “BCITE Analysis.” Click on the icon, and you will be provided quick links to direct history (opinions that affect or are affected by the outcome of the case at issue); case analysis (citing cases, with filter and search options), table of authorities, and citing documents.

How should I use technology to improve my legal research?

A significant benefit of digital research platforms and analytics is increased efficiency. Modern legal research technology helps attorneys sift through thousands of cases quickly and comprehensively. These products can also help aggregate or summarize data in a way that is more useful and make associations instantaneously.

For example, before litigation analytics were common, a partner may have asked a junior associate to find all summary judgment motions ruled on by a specific judge to determine how often that judge grants or denies them. The attorney could have done so by manually searching over PACER and/or by searching through court opinions, but that would take a long time. Now, Litigation Analytics can aggregate that data and provide an answer in seconds. Understanding that such products exist can be a game changer. Automating parts of the research process frees up time and effort for other activities that benefit the client and makes legal research and writing more efficient.

[Read our article: Six ways legal technology aids your litigation workflow .]

Tools like  Points of Law ,  dockets  and  Brief Analyzer  can also increase efficiency, especially when narrowing your research to confirm that you found everything on point. In the past, attorneys had to spend many hours (and lots of money) running multiple court opinion searches to ensure they did not miss a case on point. Now, there are tools that can dramatically speed up that process. For example, running a search over Points of Law can immediately direct you to other cases that discuss that same legal principle.

However, it’s important to remember that digital research and analytical tools should be seen as enhancing the legal research experience, not displacing the review, analysis, and judgment of an attorney. An attorney uses his or her knowledge of their client, the facts, the precedent, expert opinions, and his or her own experiences to predict the likely result in a given matter. Digital research products enhance this process by providing more data on a wider array of variables so that an attorney can take even more information into consideration.

[Get all your questions answered, request a Bloomberg Law demo , and more.]

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Legal Dissertation: Research and Writing Guide

About this guide, video on choosing a topic, tools on westlaw, lexis and bloomberg, circuit splits, research methodologies, additional methodology resources, conducting a literature review, beginning research, writing style guides, citation guides, ask a librarian.

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About This Page

Choosing a topic can be one of the most challenging aspects of writing an extensive paper. This page has resources to help you find topics and inspiration, before you get started on the in-depth research process.

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied.

The Law Library maintains a number of other guides on related skills and topics that may be of interest:

The Wells Library also maintains guides. A few that may be helpful for managing research can be found here:

Choosing a Topic

This video discusses tips and strategies for choosing a dissertation topic.

Note: this video is not specific to legal dissertation topics, but it may still be of interest as an overview generally.

The Bloomberg/BNA publication United States Law Week can be a helpful resource for tracking down the major legal stories of the day.  Log into Bloomberg Law, in the big search box, start typing United States Law Week and the title will appear in the drop down menu beneath the box. This publication provides coverage of top legal news stories, and in-depth "insight" features.

If you have a general idea of the area of law you wish to write about, check out the Practice Centers on Bloomberg. From the homepage, click the Browse link in the top left-hand corner. Then select Practice Centers and look for your area of law. Practice Centers are helpful because they gather cases, statutes, administrative proceedings, news, and more on the selected legal area.

Bloomberg has other news sources available as well. From the homepage, click the Browse link in the top left-hand corner. Then select News and Analysis, then select News or Analysis, and browse the available topics.

If you know what area of law you'd like to write about, you may find the Browse Topics feature in Lexis Advance helpful for narrowing down your topic. 

Log into Lexis Advance, click the Browse Topics tab, and select a topic.  If you don't see your topic listed, try using the provided search bar to see whether your topic is categorized as a sub-topic within this list. 

Once you click on a topic, a box pops up with several options.  If you click on Get Topic Document, you'll see results listed in a number of categories, including Cases, Legislation, and more.  The News and Legal News categories at the right end of the list may help you identify current developments of interest for your note.  Don't forget about the filtering options on the left that will allow you to search within your results, narrow your jurisdiction, and more.

Similar to Lexis Advance, Westlaw Edge has a Topics tab that may be helpful if you know what area of law you'd like to write about.

Log onto Westlaw Edge, and click on the Topics tab.  This time, you won't be able to search within this list, so if you're area is not listed, you should either run a regular search from the main search bar at the top or try out some of the topics listed under this tab - once you click on a topic, you can search within its contents.

What is great about the Topics in Westlaw Edge is the Practitioner Insights page you access by clicking on a topic.  This is an information portal that allows you quick access to cases, legislation, top news, and more on your selected topic.

In United States federal courts, a circuit split occurs whenever two or more circuit courts of appeals issue conflicting rulings on the same legal question. Circuit splits are ripe for legal analysis and commentary because they present a situation in which federal law is being applied in different ways in different parts of the country, even if the underlying litigants themselves are otherwise similarly situated. The Supreme Court also frequently accepts cases on appeal that involve these types of conflicted rulings from various sister circuits.

To find a circuit split on a topic of interest to you, try searching on Lexis and Westlaw using this method:

in the search box, enter the following: (circuit or court w/s split) AND [insert terms or phrases to narrow the search]

You can also browse for circuit splits on Bloomberg. On the Bloomberg homepage, in the "Law School Success" box, Circuit Splits Charts appear listed under Secondary Sources.

Other sources for circuit splits are American Law Reports (ALR) and American Jurisprudence (AmJur). These publications provide summaries of the law, point out circuit splits, and provide references for further research.

"Blawgs" or law-related blogs are often written by scholars or practitioners in the legal field.  Ordinarily covering current events and developments in law, these posts can provide inspiration for note topics.  To help you find blawgs on a specific topic, consider perusing the ABA's Blawg Directory or Justia's Blawg Search .

Research Methodology

Types of research methodologies.

There are different types of research methodologies. Methodology refers to the strategy employed in conducting research. The following methodologies are some of the most commonly used in legal and social science research.

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations). The purpose of this method is to gather, organize, and describe the law; provide commentary on the sources used; then, identify and describe the underlying theme or system and how each source of law is connected.

Doctrinal methodology is good for areas of law that are largely black letter law, such as contract or property law. Under this approach, the researcher conducts a critical, qualitative analysis of legal materials to support a hypothesis. The researcher must identify specific legal rules, then discuss the legal meaning of the rule, its underlying principles, and decision-making under the rule (whether cases interpreting the rule fit together in a coherent system or not). The researcher must also identify ambiguities and criticisms of the law, and offer solutions. Sources of data in doctrinal research include the rule itself, cases generated under the rule, legislative history where applicable, and commentaries and literature on the rule.

This approach is beneficial by providing a solid structure for crafting a thesis, organizing the paper, and enabling a thorough definition and explanation of the rule. The drawbacks of this approach are that it may be too formalistic, and may lead to oversimplifying the legal doctrine.

Comparative

Comparative legal research methodology involves critical analysis of different bodies of law to examine how the outcome of a legal issue could be different under each set of laws. Comparisons could be made between different jurisdictions, such as comparing analysis of a legal issue under American law and the laws of another country, or researchers may conduct historical comparisons.

When using a comparative approach be sure to define the reasons for choosing this approach, and identify the benefits of comparing laws from different jurisdictions or time periods, such as finding common ground or determining best practices and solutions. The comparative method can be used by a researcher to better understand their home jurisdiction by analyzing how other jurisdictions handle the same issue. This method can also be used as a critical analytical tool to distinguish particular features of a law. The drawback of this method is that it can be difficult to find material from other jurisdictions. Also, researchers should be sure that the comparisons are relevant to the thesis and not just used for description.

This type of research uses data analysis to study legal systems. A detailed guide on empirical methods can be found here . The process of empirical research involves four steps: design the project, collect and code the data, analyze the data, determine best method of presenting the results. The first step, designing the project, is when researchers define their hypothesis and concepts in concrete terms that can be observed. Next, researchers must collect and code the data by determining the possible sources of information and available collection methods, and then putting the data into a format that can be analyzed. When researchers analyze the data, they are comparing the data to their hypothesis. If the overlap between the two is significant, then their hypothesis is confirmed, but if there is little to no overlap, then their hypothesis is incorrect. Analysis involves summarizing the data and drawing inferences. There are two types of statistical inference in empirical research, descriptive and causal. Descriptive inference is close to summary, but the researcher uses the known data from the sample to draw conclusions about the whole population. Causal inference is the difference between two descriptive inferences.

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.

Qualitative, or non-numerical, empirical legal research involves extracting  information from the text of court documents, then interpreting and organizing the text into categories, and using that information to identify patterns.

Drafting The Methodology Section

This is the part of your paper that describes the research methodology, or methodologies if you used more than one. This section will contain a detailed description of how the research was conducted and why it was conducted in that way. First, draft an outline of what you must include in this section and gather the information needed.

Generally, a methodology section will contain the following:

• Statement of research objectives
• Reasons for the research methodology used
• Description and rationale of the data collection tools, sampling techniques, and data sources used, including a description of how the data collection tools were administered
• Discussion of the limitations
• Discussion of the data analysis tools used

Be sure that you have clearly defined the reasoning behind the chosen methodology and sources.

• Legal Reasoning, Research, and Writing for International Graduate Students Nadia E. Nedzel Aspen (2004) A guide to American legal research and the federal system, written for international students. Includes information on the research process, and tips for writing. Located in the Law Library, 3rd Floor: KF 240 .N43 2004.
• Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Mark van Hoecke Oxford (2013) This book examines different methods of legal research including doctrinal, comparative, and interdisciplinary. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 235 .M476 2013. IU students may request item via IUCAT.
• An Introduction to Empirical Legal Research Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014. IU students may request item via IUCAT.
• Emplirical Legal Studies Blog The ELS blog was created by several law professors, and focuses on using empirical methods in legal research, theory, and scholarship. Search or browse the blog to find entries on methodology, data sources, software, and other tips and techniques.

Literature Review

The literature review provides an examination of existing pieces of research, and serves as a foundation for further research. It allows the researcher to critically evaluate existing scholarship and research practices, and puts the new thesis in context. When conducting a literature review, one should consider the following: who are the leading scholars in the subject area; what has been published on the subject; what factors or subtopics have these scholars identified as important for further examination; what research methods have others used; what were the pros and cons of using those methods; what other theories have been explored.

The literature review should include a description of coverage. The researcher should describe what material was selected and why, and how those selections are relevant to the thesis. Discuss what has been written on the topic and where the thesis fits in the context of existing scholarship. The researcher should evaluate the sources and methodologies used by other researchers, and describe how the thesis different.

The following video gives an overview of conducting a literature review.

Note: this video is not specific to legal literature, however it may be helpful as a general overview.

Not sure where to start? Here are a few suggestions for digging into sources once you have selected a topic.

Research Guides

Research guides are discovery tools, or gateways of information. They pull together lists of sources on a topic. Some guides even offer brief overviews and additional research steps specifically for that topic. Many law libraries offer guides on a variety of subjects. You can locate guides by visiting library websites, such as this Library's site , the Law Library of Congress , or other schools like Georgetown . Some organizations also compile research guides, such as the American Society of International Law . Utilizing a research guide on your topic to generate an introductory source list can save you valuable time.

Secondary Sources

It is often a good idea to begin research with secondary sources. These resources summarize, explain, and analyze the law. They also provide references to primary sources and other secondary sources. This saves you time and effort, and can help you quickly identify major themes under your topic and help you place your thesis in context.

Encyclopedias provide broad coverage of all areas of the law, but do not go in-depth on narrow topics, or discuss differences by jurisdiction, or  include all of the pertinent cases. American Jurisprudence ( AmJur ) and Corpus Juris Secundum ( CJS ) have nationwide coverage, while the Indiana Law Encyclopedia focuses on Indiana state law. A number of other states also have their own state-specific encyclopedias.

American Law Reports ( ALR ) are annotations that synopsize various cases on narrow legal topics. Each annotation covers a different topic, and provides a leading or typical case on the topic, plus cases from different jurisdictions that follow different rules, or cases where different facts applying the same rule led to different outcomes. The annotations also refer to other secondary sources.  

Legal periodicals include several different types of publications such as law reviews from academic institutions or organizations, bar journals, and commercial journals/newspapers/newsletters. Legal periodicals feature articles that describe the current state of the law and often explore underlying policies. They also critique laws, court decisions, and policies, and often advocate for changes. Articles also discuss emerging issues and notify the profession of new developments. Law reviews can be useful for in-depth coverage on narrow topics, and references to primary and other secondary sources. However, content can become outdated and researchers must be mindful of biases in articles. 

Treatises/Hornbooks/Practice Guides are a type of secondary source that provides comprehensive coverage of a legal subject. It could be broad, such as a treatise covering all of contract law, or very narrow such as a treatise focused only on search and seizure cases. These sources are good when you have some general background on the topic, but you need more in-depth coverage of the legal rules and policies. Treatises are generally well organized, and provide you with finding aids (index, table of contents, etc.) and extensive footnotes or endnotes that will lead you to primary sources like cases, statutes, and regulations. They may also include appendices with supporting material like forms. However, treatises may not be updated as frequently as other sources and may not cover your specific issue or jurisdiction.

Citation and Writing Style

• Legal Writing in Plain English Bryan A. Garner University of Chicago Press, 2001. Call # KF 250 .G373 2001 Location: Law Library, 3rd Floor Provides lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this book offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. This guide uses real-life writing samples that Garner has gathered through decades of teaching experience. Includes sets of basic, intermediate, and advanced exercises in each section.
• The Elements of Legal Style Bryan A. Garner Oxford University Press, 2002. Call # KF 250 .G37 2002 Location: Law Library, 1st Floor, Reference This book explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides examples from highly regarded legal writers, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
• Grammarly Blog Blog featuring helpful information about quirks of the English language, for example when to use "affect" or "effect" and other tips. Use the search feature to locate an article relevant to your grammar query.
• Plain English for Lawyers Richard C. Wydick Carolina Academic Press, 2005. Call # KF 250 .W9 2005 Location: Law Library, 3rd Floor Award-winning book that contains guidance to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. Includes exercises at the end of each chapter.
• The Chicago Manual of Style University of Chicago Press, 2010. Call # Z 253 .U69 2010 Location: Law Library, 2nd Floor While not addressing legal writing specifically, The Chicago Manual of Style is one of the most widely used and respected style guides in the United States. It focuses on American English and deals with aspects of editorial practice, including grammar and usage, as well as document preparation and formatting.
• The Chicago Manual of Style (Online) Bryan A. Garner and William S. Strong The University of Chicago Press, 2017. Online edition: use the link above to view record in IUCAT, then click the Access link (for IU students only).
• The Bluebook Compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Harvard Law Review Association, 2015. Call # KF245 .B58 2015 Location: Law Library, 1st Floor, Circulation Desk The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. The Bluebook is taught and used at a majority of U.S. law schools, law reviews and journals, and used in a majority of U.S. federal courts.
• User's Guide to the Bluebook Alan L. Dworsky William S. Hein & Co., Inc., 2015. Call # KF 245 .D853 2015 Location: Law Library, Circulation Desk "This User's Guide is written for practitioners (law students, law clerks, lawyers, legal secretaries and paralegals), and is designed to make the task of mastering citation form as easy and painless as possible. To help alleviate the obstacles faced when using proper citation form, this text is set up as a how-to manual with a step-by-step approach to learning the basic skills of citation and includes the numbers of the relevant Bluebook rules under most chapter subheadings for easy reference when more information is needed"--Provided by the publisher.
• Legal Citation in a Nutshell Larry L. Teply West Academic Publishing, 2016. Call # KF 245 .T47 2016 Location: Law Library, 1st Floor, Circulation Desk This book is designed to ease the task of learning legal citation. It initially focuses on conventions that underlie all accepted forms and systems of legal citation. Building on that understanding and an explanation of the “process” of using citations in legal writing, the book then discusses and illustrates the basic rules.
• Introduction to Basic Legal Citation (Online) Peter W. Martin Cornell Legal Information Institute, 2017. Free online resource. Includes a thorough review of the relevant rules of appellate practice of federal and state courts. It takes account of the latest edition of The Bluebook, published in 2015, and provides a correlation table between this free online citation guide and the Bluebook.
• Last Updated: Oct 24, 2019 11:00 AM
• URL: https://law.indiana.libguides.com/dissertationguide

Legal Research Methodology – Types & Approaches

Legal research methodology is the process of gathering and analyzing legal information to answer a legal question. In this article, we'll explore the power of Law Websites and how they have revolutionized Legal Research Methodology

Table of Contents

What is Legal Research Methodology?

Legal research methodology is the process of gathering and analyzing legal information to answer a legal question. It is a systematic approach to finding, understanding, and applying the law.

Types of Legal Research

There are two main types of legal research methodologies: qualitative research and quantitative research.

Qualitative research is based on the analysis of text and other non-numerical data. It is often used to understand the meaning of the law and how it is applied in practice. Quantitative research is based on the analysis of numerical data. It is often used to test hypotheses about the law and to measure its impact.

Qualitative Research for Legal Research

Qualitative research methods can be used to answer a wide range of legal research questions. Some common examples include:

• Interpreting the meaning of a legal statute
• Understanding the application of the law in a particular case
• Identifying the underlying principles of a legal doctrine
• Exploring the impact of the law on a particular group of people

Qualitative research methods typically involve the following steps:

• Identifying the research question
• Gathering data
• Analyzing the data
• Presenting the findings

Quantitative Research for Legal Research

Quantitative research methods can also be used to answer a wide range of legal research questions. Some common examples include:

• Testing the hypothesis that a particular law has a particular effect
• Measuring the impact of a legal change on a particular group of people
• Determining the relationship between two or more legal variables

Quantitative research methods typically involve the following steps:

• Formulating a hypothesis

Which One is Better – Quantitative or Qualitative Legal Research Methods?

There is no one-size-fits-all answer to this question. The best research method for a particular project will depend on the specific research question being asked.

In general, qualitative research methods are better suited for research questions that seek to understand the meaning of the law or how it is applied in practice. Quantitative research methods are better suited for research questions that seek to test hypotheses about the law or to measure its impact.

Advantages of the Quantitative Legal Research Methods

The advantages of quantitative legal research methods include:

• They can be used to test hypotheses about the law
• They can be used to measure the impact of the law
• They can be used to compare different legal systems
• They can be used to identify trends in the law

Legal research methodology is a complex and challenging field. However, it is an essential skill for anyone who wants to understand and apply the law. By understanding the different types of legal research and the different research methods, you can choose the right approach for your specific research project.

Other Related Articles

• Challenges Faced in Legal Research
• Future of Legal Research
• How to Do Legal Research in India ?

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Handbook on Legal Methodology

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Legal scholarship is one of the oldest academic disciplines, and the study of law has been passed on from generation to generation as an implicit 'savoir faire'. It was presumed that all legal scholars understood the methodology of legal research, making its explicit clarification and justification unnecessary. Over the last decade, the lack of an explicit methodological tradition has become problematic due to the growing interdisciplinary collaboration at universities and the increased importance of external funding, often granted by mixed experts panels. It is therefore time for legal scholarship to make its implicit methodology explicit.

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Frontmatter pp i-iv

Dedication pp v-vi, foreword pp vii-viii, words of gratitude pp ix-x, contents pp xi-xiv, 1 - introduction pp 1-8, 2 - research objectives pp 9-18, 3 - research objectives and their methodological features pp 19-74, 4 - research objectives and overall methodological features pp 75-82, 5 - a practical guide on research objectives and methodological features pp 83-88, bibliography pp 89-97, full text views.

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Legal Practice

Types of Legal Research

What do you mean by Legal Research?

Legal Research is the process of identifying and retrieving information necessary to support legal decision-making. It begins with an analysis of the facts of a problem and it concludes with the results of the investigation. Legal research skills are of great importance for lawyers to solve any legal case, regardless of area or type of practice. The most basic step in legal research is to find a noteworthy case governing the issues in question. As most legal researchers know, this is far more difficult than it sounds.

Whether you are a Lawyer, a paralegal, or a law student, it is essential that Legal research is done in an effective manner. This is where the methodology comes into play. Different cases must be approached in different ways and this is why it is important to know which type of legal research methodology is suitable for your case and helpful for your client.

Read Also: Here is the Importance of Legal Research in Legal Practice

Different Types of Legal Research

1) descriptive legal research.

Descriptive Legal research is defined as a research method that describes the characteristics of the population or phenomenon that is being studied. This methodology focuses more on the “what” of the research subject rather than the “why” of the research subject. In other words, descriptive legal research primarily focuses on the nature of a demographic segment, without focusing on “why” something happens. In other words, it is a description based which does not cover the “why” aspect of the research subject.

For example, a lawyer that wants to understand the crime trends among Mumbai will conduct a demographic survey of this region, gather population data and then conduct descriptive research on this demographic segment. The research will then give us the details on “what is the crime pattern of Mumbai?”, but not cover any investigative details on “why” the patterns exits. Because for the lawyer trying to understand these crimes patterns, for them, understanding the nature of their crimes is the objective of the study.

2) Quantitative research

Quantitative Legal Research is a characteristic of Descriptive Legal Research Methodology that attempts to collect quantifiable information to be used for statistical analysis of the population sample. It is a popular research tool that allows us to collect and describe the nature of the demographic segment. Quantitative Legal Research collects information from existing and potential data using sampling methods like online surveys, online polls, questionnaires, etc., the results of which can be depicted in numerical form. After careful understanding of these numbers, it is possible to predict the future and make changes to manage the situation.

An example of quantitative research is the survey conducted to understand the turnaround time of cases in the high court and how much time it takes from the time the case is filed until the judgment is passed. A complainant’s satisfaction survey template can be administered to ask questions like how much time did the process take, how often were they called to court, and other such questions.

3) Qualitative Legal Research

Qualitative Legal Research is a subjective form of research that relies on the analysis of controlled observations of the legal researcher. In qualitative research, data is obtained from a relatively small group of subjects. Data is not analyzed with statistical techniques. Usually, narrative data is collected in qualitative research.

Qualitative research can be adopted as a method to study people or systems by interacting with and observing the subjects regularly. The various methods used for collecting data in qualitative research are grounded theory practice, narratology, storytelling, and ethnography.

Grounded theory practice: It is research grounded in the observations or data from which it was developed. Various data sources used in grounded theory are quantitative data, review of records, interviews, observation, and surveys.

Narratology: It refers to the theory and study of narrative and narrative structure. It also shows the way in which the result affects the researcher’s perception.

Storytelling: This is a method by which events are recounted in the form of a story. The method is generally used in the field of organization and management studies.

Ethnography- Ethnography is used for investigating cultures by collecting and describing data intend to help the development of a theory.

4) Analytical Legal Research

Analytical Legal Research is a style of qualitative inquiry. It is a specific type of research that involves critical thinking skills and the evaluation of facts and information relative to the research being conducted. Lawyers often use an analytical approach to their legal research to find the most relevant information. From analytical research, a person finds out critical details to add new ideas to the material being produced.

For example, examining the fluctuations of Crime Rates of India between 2010-2020 is an example of descriptive research; while explaining why and how the Crime rates spiked over time is an example of analytical research.

5) Applied Legal Research

Applied Legal Research is a methodology used to find a solution to a pressing practical problem at hand. It is a straightforward practical approach to the case you are handling. It involves doing full-fledged research on a specific area of law followed by gathering information on all technical legal rules and principles applied and forming an opinion on the prospects for the client in the scenario.

For Example, if your client is an employee of an organization and is fighting against wrongful termination of contract then the practical approach to this would be by carefully evaluating the company policies and finding company policies that were violated and to suing the organization based on those arguments.

6) Pure Legal Research

Pure legal research is also known as basic Legal Research usually focuses on generalization and formulation of a theory. The aim of this type of research methodology is to broaden the understanding of a particular field of investigation.  It is a more general form of approach to the case you are handling. The researcher does not focus on the practical utility

For Example, researchers might conduct basic research on illiteracy leads to unemployment. The results of these theoretical explorations might lead to further studies designed to solve specific problems of unemployment.

7) Conceptual Legal Research

Conceptual Legal Research is defined as a methodology wherein research is conducted by observing and analyzing already present information on a given topic. Conceptual research doesn’t involve conducting any practical experiments. It is related to abstract concepts or ideas.

They are generally resorted to by the philosophers and thinkers to develop new concepts or reinterpret the existing concepts but has also proven to be a useful methodology for legal purposes.

For example, many of our ancient laws were influenced by the British Rule. Only later did we improve upon many laws and created new and simplified laws after our Independence. So another way to think of this type of research would be to observe, come up with a concept or theories aligned with previous theories to hopefully derive new theories.

8) Empirical Legal Research

Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies, and other legal arrangements at play in society. It acts as a guide to paralegals, lawyers, and law students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge, and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics, and empirically informed ethics.

For example, Pharmaceutical companies use empirical research to try out a specific drug on controlled groups or random groups to study the effect and cause.

Read Also – How to Do Legal Research?

Other Major Methods of Legal Research.

1) doctrinal legal research.

The central question of inquiry here is ‘what is the law?’ on a particular issue. It is concerned with finding the law, rigorously analyzing it and coming up with logical reasoning behind it. Therefore, it immensely contributes to the continuity, consistency, and certainty of law. The basic information can be found in the statutory material i.e.

primary sources as well in the secondary sources. However, the research has its own limitations, it is subjective, that is limited to the perception of the researcher, away from the actual working of the law, devoid of factors that lie outside the boundaries of the law, and fails to focus on the actual practice of the courts.

2) Non-doctrinal Legal Research

It is also known as socio-legal research and it looks into how the law and legal institutions mold and affects society. It employs methods taken from other disciplines in order to generate empirical data to answer the questions.

3)  Comparative Legal Research

This involves a comparison of legal doctrines, legislations, and foreign laws. It highlights the cultural and social character of law and how does it act in different settings. So it is useful in developing and amending, and modifying the law. But a

the cautious approach has to be taken in blindly accepting the law of another social setting as a base because it might not act in the same manner in a different setting.

Read Also – What is Doctrinal and Non-Doctrinal Legal Research?

Legal research is a systematic understanding of the law while keeping in mind it’s advancements. Law usually acts within the society and they both have an impact on each other. Each kind of research methodology has its own value. However, while undertaking research a researcher might face some hurdles but they can be avoided if he/she properly plans the research process.

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Very useful and compact information, thank you.

Very useful information 👍

I found this information to be stimulating and informative.

This article provides a comprehensive overview of the different types of legal research. It’s a great resource for law students and professionals alike!

hi very nice information in compact form

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Tips to conducting an effective legal research

Top legal websites for legal research, all you need to know about legal research.

This article is written by Surbhi Jindal , a law student at Dr. B.R. Ambedkar National Law University, Sonipat Haryana. Through this article, she attempts to put forth the concept of legal research and its importance. She further attempts to discuss some of the effective tips to do legal research. 

Table of Contents

Introduction

Legal profession cannot move forward without research and findings. The main reason behind this is the dynamic nature of law. Legal research forms an integral part in the life of law professionals, whether they are law students, lawyers, academicians, practitioners who are interested in legal knowledge. Even if you are someone preparing for a career in law and trying to understand what kind of education is needed for a lawyer , legal research will come in handy. With the changing of society and laws every day, it becomes essential to scrutinize the pool of laws and social rules. The primary purpose of legal research remains to either find the lacunas in the laws, so they are made following the society’s needs or add some vastness to the subject matter of rules to make it comprehensive.

Through this article, we shall ascertain the true meaning of research and, after that, understand the legal research. There exist different types of legal research. We shall also look at them by having a comparative analysis between them. Furthermore, in the last part of this article, I will share a few legal websites that can do legal research. Not only this, but the article will also provide you with some of the best tips to conduct effective legal research. So, let us get started.  

What is research

Research means to investigate, inquire or probe in any particular area of discipline. It is a careful and detailed study of a topic to gather more information about it. This can be done by adding, deleting, updating, separating, or correcting the previous knowledge. 

People intentionally or unintentionally are involved in the process of research in their day-to-day life. The human mind is full of curiosity. It conducts an inquiry about something at some point in a day. The term research is itself made up of two words, ‘Re’ and ‘Search’. Re means again, and Search is to scrutinize or probe. In other words, searching, again and again, is what we call research.

According to M Stephenson and D Slesinger in the encyclopedia of social sciences, research is 

“The manipulation of things, concepts or symbols to generalize to extend, correct or verify knowledge, whether that knowledge aids in the construction of theory or the practice of an art”

There are three objectives of conducting research. These are as follows:

• To contribute to the existing field of knowledge in any specified discipline.
• To get a better understanding of how to formulate policies
• To answer a specific area of question or fact.

After understanding the meaning of research, it would be much easier to know what legal research is and its objectives. We would also understand the various kinds of legal research. Also, it is pertinent to note that research must be done carefully and systematically with minimal errors because their outcome impacts the public at large. It must be done in an organized system so that answers to the questions are simplified.

What is legal research

Law is a subject that has broad dimensions of knowledge in society. There are several laws in India, making it difficult for a prudent man to remember them all. With the growing needs and challenges of society, laws also have to change. This means the area of law is as dynamic as our society. A complementary relationship of law and society here comes to play a vital role.

Therefore, it becomes essential to review the laws and see whether they are suited to the best interests of society or not. Here, legal research comes into play. A systematic finding and ascertainment of the law on any identified topic to advance the science of law is known as legal research.

As discussed earlier, the law is a vast area. With a mass of statutes, constant amendments, and supplementary rules and regulations, it becomes challenging for a prudent man to understand and grasp everything from it. Therefore, a probe is conducted for different underlying principles and their reasons to make advancements in the law and simplify various acts and statutes.

Legal research is a broad area that leads to an inquiry and investigation consistently made by judges, lawyers, advocates, law students, and legal researchers in the quest for a deeper and fuller understanding of the law. To support legal-decision making, legal research comes into the limelight. It identifies and retrieves the information to make the complex process simplified.

Purposes of legal research

Law is dynamic as our society is. It operates in a complex structure of society. Behavioural norms and attitudes are controlled and moulded by the law. However, with the nature of these norms changing with time and space, it becomes essential that law becomes adaptable to the changing order of society.

Legal research is also essential to write plagiarism-free content. Plagiarism is a common practice with severe consequences. Most students avoid legal research and stick to paraphrasing or plagiarizing from the content written by others. This can lead to serious consequences such as a copyright complaint, a Google penalty, deduction of marks in universities, etc. So, legal research is an essential step to avoid resorting to such practices. Some students also order free from plagiarism essays from professional writers to succeed with the tasks and help them in their assignments.

Here, in such a situation, legal research becomes essential for the ascertainment of law, clearing ambiguities in the law, identifying the weak points in a direction, and critically examining the order to ensure consistency, coherence, and stability in the law, etc. There are various purposes for which legal research is conducted. These are:

• With various laws, rules, and regulations existing in society, it becomes essential to filter the laws presently applicable to the given situation. It is not easy to find the law or a judicial pronouncement at a particular point in time. Here, legal research makes the task easier. It makes the ascertainment of the law easier and much more helpful.
• It is not always true that law, once made, can never bring rise to any contingency in the future. There exist some ambiguities and gaps which might be removed with the help of legal research. The nature of law is both reactive and proactive in that it answers the question arising out of such ambiguities and gaps. Apart from helping in removing ambiguities, it also helps in determining coherence, stability, and consistency.
• Legal research also helps in predicting the future. It also helps to understand the social factors that had indirectly impacted the making of law. Social auditing of law helps in identifying the gap between the legal ideal and social reality. It further helps in suggesting reforms based on analytical, historical, and comparative research.

Types of legal research

The research can be broadly divided into various types by having a comparative analysis with respect to another kind of research. These are:

 Descriptive and analytical legal research

Applied and fundamental legal research

Quantitative and Qualitative legal research

 Conceptual and Empirical legal research

Legal research comes with a cost. Legal websites like Manupatra, SCC Online aren’t available for free. You would have to spend more than a penny on these sites in order to access their features. However, several authentic websites provide ways to access legal research easily without any hassle. This will be dealt with in the latter part of this article. In this section, the primary purpose is to tell you some tips for conducting effective legal research.  

• Always start with secondary sources. Though some people prefer to start from the primary sources, creating from secondary sources is the best way, to begin with, legal research. It helps in saving time and makes the research process effective and efficient. 
• You can always start with the news articles. There you will mostly get reliable information and also the opinions of different jurists. 
• To find the correct and reliable legal information, you can always refer to the legal websites (discussed later on) to boost your research. 
• Try to read judgements as they are a great source of information and can help make articles exhaustive. 
• Remember that whatever information you search for and find relevant for yourself, bookmark it somewhere. Otherwise, you will have to go back again and find that pertinent piece of information. 
• Also, you can follow the 10-minute rule by Ramanuj Mukherjee (CEO, Lawsikho ) to save your time in conducting legal research. The 10-minute rule says that you do the research for 10 minutes and after it, whatever you read, write for 10 minutes. In this way, you will not miss out on any critical points while doing research and writing. This will save you a lot of time and will have a positive effect on your article.
• Avoiding plagiarism at all costs. If you have used somebody’s idea in the information you’re disseminating, duly credit them. It becomes really easy if you have saved the sources. Also, you can cite the sources without facing any difficulty. There are different types of citation methods like Bluebook , Chicago , Oscola etc. 

These were some of the practical tips that could help a person conduct effective and efficient legal research. 

Conducting legal research is very easy till one knows how to do it. However, not everyone can access legal databases such as Manupatra , SCC Online etc. Either you have to purchase them, or your college will provide access to them. But don’t worry; there are many legal websites you can refer to for your legal research. These all are user-friendly and can be of great use if one looks at its structure. A lot of information can be accessed on these websites very easily.  

• Indian Kanoon : The Indian Kanoon was founded by Sushant Sinha in 2008. It is one of the best tools that law students can use for understanding complex judgments simply. 
• Livelaw : The website Livelaw was started by Rashid M.A. in 2013. The most prominent blog in India seeks to create awareness in society by providing accurate and reliable information. 
• iPleaders : iPleaders was started by the two NUJS graduates Ramanuj Mukherjee and Abhudyay Aggarwal, in 2010. It is an educational start-up whose primary purpose is to make legal education accessible to all. It has its blog called iPleaders blog, which focuses on legal issues and legal questions. 
• Path Legal : It is a legal directory started by Sunil Joseph in 2011. The main aim of Path Legal is to provide free legal advice online, telephone consultation, free legal advice, free LPO training, legal papers etc. 
• Lawctopus : It was founded by the NUJS graduate Tanuj Kalia in 2010. It is one of the exclusive sites for law students that provide information regarding internships, career opportunities etc. 
• Bar and Bench : It was established in 2011. It is a place where comprehensive news and analysis is provided for the legal community. The entire legal spectrum of information like interviews, news, column sources are provided on this website. 
• SCC Online : Eastern Book Company, an internationally renowned publishing house, has its own reliable and comprehensive law reporting of the Supreme court of India through SCC Online. It has been providing its legal services across India. However, if you want to access SCC, you would have to purchase the subscription plan to avail the benefits. 
• Legally India : It was founded by Kian Ganz in 2009. It is one of the leading blog pages whose primary function is to report news and information that pertains to Indian law firms, Indian lawyers, international law firms and business lawyers in India. 
• Law Times Journal : Founded in 2014, law times journal is one of the leading online education portals devoted to the law. It believes in promoting free education in the legal sector. Besides this, it also provides resume services that help students in obtaining internships. 

Henceforth, legal research is fundamental. To understand the intricacies of complex laws, it becomes essential for us to know the process of simplifying them. One should always start with secondary sources such as commentaries, textbooks, articles, journals, etc. From secondary, one should move on to primary sources, i.e. statutes, constitution, etc. After having a better grasp of these sources, one should analyze and look for relevant information.

There are various kinds of research, any of which can be employed to conduct research. It is a systematic understanding of the law to advance it. Research is essential both for the law and society since they both have an impact on each other. Every method has its value in research. Hurdles that come while conducting research can be best avoided by proper planning by the researcher.

• https://chilot.files.wordpress.com/2011/06/legal-research-methods.pdf
• https://www.mylawman.co.in/2020/05/law-notes-legal-research-types-and.html

Students of  Lawsikho courses  regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

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Eugene McDermott Library

Introduction to legal research.

• Introduction

How to Start

• Regulations
• Constitutions
• Legal Dictionaries
• Legal Encyclopedias
• Antitrust Laws

Before you Begin

Good research, especially legal research, begins with knowing what it is you are researching. Never feel embarrassed to ask questions during any point of the legal research process. Relying on assumptions, rather than asking questions, may lead to errors in your research.

Understand the scope of the research project . Ensure you have a full understanding of the legal issue under research by taking thorough notes on the assignment. Carefully read, and reread, any materials related to the research project your professor provided.

Initial communications . Confirm your research project meets the expectations of the assignment by emailing or speaking to your professor. In addition, ask your professor if there are ways to improve your research project. Finally, do not forget to confirm the due date of the project.

Create and adhere to a timeline . You will want to create and adhere to a timeline to ensure adequate time is available for you to research a legal issue and to write your analysis. Performing at lease a little research each day is an easy way to adhere to a timeline. 

Continuing communications . Make certain to respond promptly to any communications from your professor. And if you have questions during your research, reach out to your professor to ask for assistance.

Suggested Research Strategy

Ask relevant questions .  Any research into legal matters should begin with a review of the facts of the case.  To make certain you have a thorough understanding of the details at hand, ask yourself the 5Ws: who, what, where, when, why.

Determine the jurisdiction . After you have established the necessary details of the legal issue, you will need to determine what jurisdiction is involved. Is the matter under research governed by federal or state law? For legal questions arising from the states, which state or states issued the law? For federal legal questions, you will need to determine the relevant Circuit and District courts .

Consult secondary sources .  Secondary sources are sources which analyze, critique, or discuss legal issues. In other words, these are resources about the law, not the law itself. Common forms of secondary sources include articles published within legal periodicals, legal dictionaries, and legal treatises.

Consult primary law . Primary law is the actual text of the law as issued by official government bodies. These laws include  statutes , cases , and  regulations . Constitutions , such as the U.S. Constitution , are also considered primary law.

Confirm your authority is still good law . Use a citator, such as Shepard's , in Nexis Uni , to confirm your case remains good law.

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• Next: Primary Law >>
• Last Updated: Jun 28, 2024 10:29 AM
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5 Doctrinal Legal Research as a Means of Synthesizing Facts, Thoughts, and Legal Principles

• Published: January 2020
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Doctrinal legal research (DLR) is a predominant method employed by various classes of legal researchers. It involves rigorous analysis and creative synthesis of multiple doctrinal strands. Doctrines are central to juridical treatment of concepts. Since legal propositions have roots in economic, social, political, and psychological factors, an inter-disciplinary approach becomes essential. Because of the need to overarch changing values, social mores, and economic factors, doctrinal research collaborates with historical, comparative, analytical, and philosophical methods of research. DLR has a long history and definite procedure. Adoption of required steps systematises DLR. It has received criticism for excessively relying on concepts rather than social inputs; for ignoring the empirical techniques; for concentrating only on court decisions or legal rules. It differs from non-doctrinal legal research in the matter of data, venue of research, and time and money utilised. Because of social character of law there is need for collaboration between DLR and NDLR for positive outcome.

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https://www.nist.gov/pml/owm/what-legal-metrology

Office of Weights and Measures

What is legal metrology.

One of the more common inquiries that OWM receives is what the field of legal metrology is and how it differs from the Weights and Measures community of practice in the U.S.

The International Legal Metrology Organization ( OIML ) defines Legal Metrology as the “ practice and process of applying statutory and regulatory structure and enforcement to metrology ." In other words, legal metrology is the system of laws and regulations that regulate measuring instruments used in legal applications such as trade and law enforcement. Legal metrology also ensures the accuracy and reliability of measurements that affect health, safety, or the transparency of commercial transactions. The system of legal metrology applied to commercial transactions in the U.S. is generally referred to as "weights and measures". 

The wide scope of legal metrology includes protecting the interests of individuals and enterprises, but it also provides consumer protection, fraud control, reduction in transaction and dispute costs, and ultimately equity in the marketplace.

Is it Legal Metrology or Weights and Measures?

U.S. Legal Metrology is very closely related to the concept of  Weights and Measures , which is the metrology infrastructure that specifies the usage and performance of technical artifacts and devices that are used to test and verify regulated measuring instruments . Together, the systems of legal metrology and weights and measures promote uniformity in laws and regulations and ensure equity in trade and commerce. In other words, these underlying systems protect the general public from deceptive measurement-related practices and provide confidence in our day-to-day business and consumer-based activities, such as fueling up your electric vehicle at a public EV charging station.

One of the largest differences between legal metrology and weights and measures may also reside in a practical, laboratory realization of the SI with fundamental physical measurements (mass, length, and volume). Within the U.S. (i.e., states, territories, and local jurisdictions), this practice ties in with a State's weights and measures divisions but, in many cases, is separately managed as a distinct State laboratory metrology program. Please see the current directories of both the State Weights and Measures Directors and State Metrology Laboratories for more information regarding the state-by-state programs and organization.  

To add to the complexity, this may be referred to as both legal metrology and weights and measures within the international metrology community. For example, the International Bureau of Weights and Measures ( BIPM ) and the International Bureau of Legal Metrology ( BIML ) work closely together to ensure that these concepts are realized in practice through both fundamental measurements and documentary standards that directly support global trade and commerce.

How is NIST OWM Involved? 

A primary component of NIST OWM’s mission is to provide uniform legal metrology products and services to all states. However, the U.S. is unique in that its national-level office (i.e., OWM) does not maintain a national-level legal metrology system, nor is its function regulatory-based. Rather, the legal metrology products and services that OWM provides are voluntarily and individually adopted by the States and other local jurisdictions, which are then responsible for the day-to-day regulatory function of the U.S. Weights and Measures system.

OWM is active in legal metrology applied to commercial transactions. For example, this would include the regulated measuring instruments used in trade, such as grocery store scales, gasoline  fuel pumps, and electric vehicle supply equipment (i.e., EV charging devices). OWM is also responsible for the legal metrology function for the U.S. via a diplomatic treaty with the international metrology community (see OIML ). Likewise, our legal metrology function is directly aligned with NIST’s activities as the National Metrology Institute (NMI) for the U.S. to advance measurement science, standards, and technology and promote equitable standards worldwide, as well as our NIST mission to promote U.S. innovation and industrial competitiveness to enhance economic security.

Additional Resources

• Metrology Overview (NIST page)
• What is Legal Metrology? (OIML)
• Metrology in Short (EURAMET)
• General Information - OWM [email protected]