Okay, let's break down legal research in English. I'll cover key aspects and provide helpful resources.

What is Legal Research?

Legal research is the process of identifying and analyzing legal sources to support a legal argument, advise a client, or understand a legal issue. It involves:

• Identifying the Relevant Legal Issues: What is the specific question you need to answer?


• Finding Applicable Law: Locating statutes, case law (court decisions), regulations, administrative rulings, constitutions, treaties, and other relevant legal authorities.


• Analyzing and Interpreting the Law: Understanding the meaning and application of the law to the specific facts of your situation.


• Evaluating the Authority of the Law: Determining whether the law is binding (mandatory) or persuasive, and whether it is still good law (not overturned or repealed).


• Communicating Your Findings: Presenting your research in a clear, concise, and persuasive manner, typically in a legal memorandum, brief, or other legal document.

Key Sources of Law (in English-speaking Jurisdictions):

• Constitutions: The fundamental law of a jurisdiction (e.g., the U.S. Constitution, the Canadian Constitution). Define the structure of government and basic rights.


• Statutes: Laws enacted by legislative bodies (e.g., Congress in the U.S., Parliament in the UK). Also called Acts.


• Case Law (Common Law): Decisions of courts that interpret and apply the law. Based on the principle of stare decisis (precedent), where courts follow previous decisions in similar cases. Important in common law systems like the US, UK, Canada, Australia.


• Regulations: Rules and procedures issued by government agencies to implement statutes.


• Administrative Rulings: Decisions made by administrative agencies in specific cases.


• Treaties: Agreements between countries.


• Ordinances: Laws passed by local governments (e.g., cities, counties).

Steps in the Legal Research Process:

• Understand the Facts: Gather all the relevant facts of the situation. Who, what, when, where, why, and how?


• Identify the Legal Issues: Formulate the legal questions that need to be answered. Use precise language. Break down broad issues into smaller, more manageable questions.


• Develop a Research Plan: Outline the steps you will take to find the relevant law. Consider the jurisdiction, the type of law involved, and the potential sources of information.


• Conduct the Research:


• Start with Secondary Sources (Optional, but often helpful):


• Legal Encyclopedias: Provide a general overview of legal topics (e.g., American Jurisprudence, Corpus Juris Secundum, Halsbury's Laws of England).


• Legal Treatises: In-depth scholarly works on specific areas of law (e.g., Prosser and Keeton on Torts).


• Law Review Articles: Articles written by legal scholars and practitioners that analyze legal issues.


• Restatements of the Law: Summaries of common law principles (primarily in the U.S.).


• Find Primary Authority:


• Statutes: Use online databases (e.g., Westlaw, LexisNexis, government websites) or print sources to find relevant statutes. Use keywords and subject indexes.


• Case Law: Use online databases or print reporters to find relevant cases. Use keywords, digests (indexes to case law), and citators (tools to track the history and validity of a case).


• Regulations: Consult government websites or databases.


• Analyze and Evaluate the Law:


• Read the Law Carefully: Pay close attention to the language of the statute, case, or regulation.


• Determine the Holding of a Case: Identify the specific legal principle that the court established.


• Distinguish Cases: Explain why a case is not applicable to your situation because of differences in the facts or the law.


• Check the Validity of the Law: Use citators (like KeyCite on Westlaw or Shepard's on LexisNexis) to determine whether a case has been overruled or a statute has been amended or repealed. "Shepardizing" or "KeyCiting" a case is crucial to ensure it's still good law.


• Organize Your Findings: Create an outline or a chart to organize the relevant law and how it applies to the facts of your situation.


• Communicate Your Results: Write a legal memorandum, brief, or other legal document that clearly and concisely presents your research and analysis. Cite your sources properly.

Tools and Resources:

• Westlaw and LexisNexis: Commercial legal research databases that provide access to a vast collection of legal materials, including statutes, cases, regulations, and secondary sources. (Typically subscription-based)


• Bloomberg Law: Another major commercial legal research database.


• Fastcase: A more affordable legal research service.


• Google Scholar: Can be useful for finding law review articles and some court decisions. (But use with caution as it's not comprehensive.)


• Government Websites: Official websites of government agencies often provide access to statutes, regulations, and other legal information. (e.g., US Government Printing Office (GPO), UK Legislation, Canadian Department of Justice)


• Law Libraries: Provide access to print and online legal resources, as well as assistance from law librarians.


• Legal Citators: KeyCite (Westlaw), Shepard's (LexisNexis) - tools for verifying the validity and precedential value of cases and statutes.

Important Considerations:

• Jurisdiction: The specific geographical area whose laws apply (e.g., federal law in the U.S., state law in California, law of England and Wales).


• Type of Law: The specific area of law involved (e.g., contract law, tort law, criminal law).


• Authority: The weight or persuasiveness of a legal source. Binding authority is law that courts must follow. Persuasive authority is law that courts may consider, but are not required to follow.


• Currency: Ensure that the law you are relying on is up-to-date. Check for amendments, repeals, and overruling decisions.


• Citation: Use proper citation formats (e.g., Bluebook, ALWD Citation Manual) to cite your sources.


• Accuracy: Double-check your research to ensure that it is accurate and complete.

Tips for Effective Legal Research:

• Start Broad, Then Narrow: Begin with general sources to get an overview of the topic, then focus on more specific sources.


• Use Keywords Effectively: Experiment with different keywords and phrases to find relevant results.


• Read Cases Carefully: Pay attention to the facts, the holding, and the reasoning of the court.


• Shepardize or KeyCite Every Case: This is essential to ensure that the case is still good law.


• Take Notes: Keep track of the sources you have consulted and the information you have found.


• Be Organized: Keep your research materials organized so that you can easily find them later.


• Seek Assistance: Don't be afraid to ask for help from a law librarian or a legal research expert.

Example Scenario:

Let's say you need to determine whether a contract is enforceable in the state of California.

• Facts: You have a written agreement between two parties. You need to know if it meets the requirements for a valid contract under California law.


• Legal Issue: Is the contract enforceable under California law?


• Research Plan:


• Start with a legal encyclopedia (e.g., California Jurisprudence) to get an overview of contract law in California.


• Search the California statutes for the relevant provisions of the California Civil Code relating to contracts.


• Search California case law for cases interpreting those statutes and applying them to similar factual situations.


• Conduct Research: Use Westlaw or LexisNexis to search for relevant statutes and cases. Use keywords such as "contract," "enforcement," "elements," "consideration," "offer," "acceptance," and "California."


• Analyze: Read the statutes and cases carefully. Determine whether the contract meets the requirements for a valid contract under California law (offer, acceptance, consideration, etc.). Check to see if any defenses to enforcement apply (e.g., fraud, duress, illegality).


• Communicate: Write a legal memorandum summarizing your research and analysis, and explaining whether the contract is likely to be enforceable.

Disclaimer: I am an AI chatbot and cannot provide legal advice. This information is for educational purposes only. If you have a legal issue, you should consult with a qualified attorney.