What Are the Five Steps in Legal Research?

The first stage of legal research entails gathering primary sources, frequently the most authoritative sources on a given topic. Secondary sources, on the other hand, are not always reliable. However, whether or not they depend on the context and your knowledge of the subject. Therefore, you may need to consult several sources, beginning with a public resource such as an encyclopedia and progressing to more detailed sources. In Chapter 6, you will find a detailed description of the various types of secondary sources.

Secondary sources are useful for providing quick overviews of a specific topic or area of law. Legal encyclopedias, treatises, and law magazines are excellent places to begin, particularly if you are unfamiliar with a subject. You can also consult legal encyclopedias and non-legal sources as a starting point. The primary sources will give you a general overview of the law, but you can always supplement with additional materials if necessary.

You can begin looking for primary authorities once you have a general idea of the topic of your legal research. Tracing the text of standard textbooks, reference books, legal periodicals, authoritative comments, and general web pages is the best way to accomplish this. Then, locate and read relevant previous studies, analyzing them to identify gaps or conceptual issues in the primary sources. Finally, if you have an overdeveloped area of law, you should consult a topic-specific secondary source.

The next step in legal research is to identify knowledge gaps. This is where you'll identify gaps and locate resources on the subject. Note any key terms, broad themes, or background information. You can also make a note of any general information that is missing. Finally, you can fill in the gaps with primary and secondary sources. You might be able to find an answer to your question in a source that isn't listed here.

Treatises and laws are examples of secondary resources. These publications provide in-depth analysis of a legal topic as well as citations to primary authorities. These sources are usually published by practitioners who specialize in a specific jurisdiction. Some treatises are highly authoritative, while others are not. To find the most reliable title, consult a subject-specific research guide. You can also look up legal encyclopedias. These are specialized books that can provide useful information on a specific subject.

The researcher must define an issue statement as part of the first research stage. This statement may not be legally binding, but it will serve as a check on the research process. The issue statement could also be a conceptual structure, such as a power hierarchy. This is a critical step in legal research. Legal research is critical for society when conducting law reform. There are numerous legal solutions to the problem.

As legal research progresses, you may need to conduct traditional searches in legal databases. You can control the results in these cases by using search filters and Boolean searching. You will likely encounter new issues and terms, so take the time to evaluate your research methods, issue statement, and results. Furthermore, the research process should be streamlined using a legal research tool such as Fastcase.

Theories. Theories aid in the understanding of the problem and the world. The theory explains how and why events occur. It is also based on a logical analysis of basic legal theories. The theoretical framework serves as the basis for new knowledge. Then, you will apply the theory to the problem. The five stages of legal research are as follows:

Primary decision-makers. Citators enable researchers to trace a legal issue back in time by referencing other primary sources. They can also gather additional primary authorities using the headnotes of citing opinions. These are useful for analysis, but they are time-consuming. However, they ultimately serve as a framework for the final written product. Legal research's five stages are not mutually exclusive. They may, however, be required if you are conducting legal research for a specific case.