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Introduction to Legal Research

How to Start

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 questionsAny 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 sourcesSecondary 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.