Essentially, 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.
What does a case file consist of?
Case file means the compendium of original documents filed in an action or proceeding in a court, including the pleadings, motions, orders, and judgments of the court on a case-by-case basis.
What are the elements of legal research?
Legal research Finding primary sources of law, or primary authority, in a given jurisdiction (cases, statutes, regulations, etc.). Searching secondary authority, for background information about a legal topics. Searching non-legal sources for investigative or supporting information.
What are the tools of research?
Case Studies, Checklists, Interviews, Observation sometimes, and Surveys or Questionnaires are all tools used to collect data. It is important to decide the tools for data collection because research is carried out in different ways and for different purposes.
What are the basic steps in the legal research process?
Step 1: Gather and Understand the Facts of Your Case. The first step in legal research is to write a statement of facts. Step 2: Determine Your Legal Problem and Your Desired Outcome. Step 3: Finding Legal Information and Reading About the Law. Step 4: Legal Analysis/Legal Writing and beyond.
What is the holding of a case?
Holding: The holding is the final decision the court reached. The holding is the result of applying pre-existing rules, policy, and reasoning to the case facts. It is the new “rule of the case.”.
Can I write a letter to a judge regarding a case?
How can I speak to the judge on my case? To speak to the judge on your case, you must file a written motion with the court. You cannot write the judge a personal letter or email, and you cannot speak to the judge unless you are in a hearing.
How do you prepare a case file?
How to Prepare Yourself to Present Your Case Read the Complaint. Find copies of contracts and any other written communications between you and the other side. Analyze the strengths and weaknesses of your case. Prepare your documents and evidence for trial. Identify and prepare any witnesses.
What are research tools and techniques?
Research methods Experiments. Surveys. Questionnaires. Interviews. Case studies. Participant and non-participant observation. Observational trials. Studies using the Delphi method.
What are the types of research methodology?
Types of Research in Research Methodology Basic Research. Non-commercial Research is basic Research whose motive is to collect data to enhance knowledge. Applied Research. Problem-Oriented Research. Problem-Solving Research. Qualitative Research. Quantitative Research.
What are the techniques of legal research?
Legal Research process is performed between two common methods i.e., doctrinal and empirical methods. Following any one method out of two require distinct sources of data, nature of data and their collection methods vary from one two another.
What are the main objectives of legal research?
Objectives of legal research To discover new facts. To test & verify old facts. To analyze the facts in a new theoretical framework. To examine the consequences of new facts or new principal of law or judicial decision.
What are the 5 primary sources of law?
The primary sources of law in the United States are the United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law.
What is the first step in legal research?
Here are the five steps: Formulate a Research Plan. Consult Secondary Sources. Consult Primary Sources. ( a) Expand Primary Law, and (b) Update Primary Law. Analyze & Organize Results.
How do you get a judge to rule in your favor?
Below are some strategies to help you make a judge rule in your favor. Know the Court. Judges who preside in courts are human beings with their differences. Be Professional. Outline the Theory of your Case. Be Clear and Concise. Don’t Focus too much on Technicalities.
What do judges base their decisions on?
As stated, Formalists recite that judicial decisions are the products of two fixed elements: the facts and the rule of law. A judge’s decision is the result of the addition of these two elements; it is, thus, often predictable.
Is legal research hard?
Legal research itself is not typically that difficult. For small firms, what makes it difficult is the expense. Large firms typically pay more money for better research capabilities, which is something small firms are unable to do.
What are the tools of legal research?
There are various online legal research sites, such as LexisNexis, Thomson Reuters, Lexisweb, Justia.com, Findlaw.com, Casetext.com, Westlaw.com, Plol.org, Court listener. Some websites are free for all the users while others are subscription based.
What are the six components of a legal decision?
A comprehensive brief includes the following elements: Title and Citation. Facts of the Case. Issues. Decisions (Holdings) Reasoning (Rationale) Separate Opinions. Analysis.
How do you identify legal issues in a case?
What is a legal issue? Look for ambiguity in the facts. Lawyers LOVE ambiguity. Find where the opinions disagree. Many cases you read in law school have dissenting opinions, precisely because these opinions help you see both sides of the contested legal or factual points. Think about what you don’t understand.
What is the best legal research tool?
Best Legal Research Databases LexisNexis. Best Overall. Learn More at LexisNexis. Westlaw. Best for Primary Sources. Learn More at Westlaw. Bloomberg Law. Best for Search Features. Learn More at Bloomberg Law. Fastcase. Most Affordable. Learn More at Fastcase. Casetext. Best for Law Students. HeinOnline. Best for Secondary Sources.
What are the 5 stages of legal research?
The major steps of the research process are detailed below. Step 1: Preliminary Analysis. Step 2: Create a Research Plan. Step 3: Consult Secondary Sources. Step 4: Search for Authority – Statutes, Regulations, and Cases. Step 5: Evaluate Your Search Strategy and Results As You Go. Step 6: Update & Final Check.
What are the 4 main sources of law?
The four primary sources are constitutions, statutes, cases, and regulations. These laws and rules are issued by official bodies from the three branches of government.