Legal Research Basics in 40 Characters
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This document provides an overview of legal research basics. It discusses starting with a reference consultation to identify key terms, concepts, jurisdiction, and resources. It explains following the legal research pyramid to find good law and analyzing cases using IRAC (Issue, Rule, Analysis, Conclusion). The document also discusses citing sources within legal analysis and as references using the Uniform System of Citation. Primary and secondary legal resources are defined, and how to locate them through library databases, publications, and websites is described. Basic citation format is demonstrated and the importance of citing every item used is emphasized.
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Legal Research Basics in 40 Characters
- 1. Nancy H. Williard, Information Services Librarian 2016 Understanding Legal Research: A Beginning
- 2. Legal Research Basics Who 1. Begin with a reference consultation for key terms, concepts, jurisdiction, and resources. 2. Follow the pyramid to build “good law”. 3. Analyse a case by IRAC 4. Cite within your analysis and as references.
- 3. Reference ConsultationBeginning - Not an End! Subject Keywords Names Timeframe Jurisdiction Type of Law Secondary Sources Primary Sources Shepardize
- 4. Infor
- 5. IRCA ISSUE RULE ANALYSIS CONCLUSION Problem/ Question (brief conclusion) Legal principle /rule Evidence and support (Pro and Con) Statement (logic)
- 6. Primary and Secondary Resources C Secondary Treatises Practice Guides Annotations and Digests Law Review & Journal Articles Primary Cases Statutes Regulations
- 7. How to find this “Secondary Resource” and the “Primary Resources” USE LIBRARY RESOURCES - DATABASES, REFERENCES IN BOOKS, PROFESSIONAL SOCIETY WEBSITES, COLLEGE/UNIVERSITY PRESS WORKS, REFERENCES IN TEXT BOOKS.
- 9. LibSourse Site - Free/Online
- 14. Everything you didn’t come up with on your own is cited.Look for Language that indicates a rule and cite it in the analysis. Look for: ○ “As a matter of common law…” ○ “The holding is…” or “We hold that…” ○ “In this jurisdiction…” ○ “The more modern rule is…” ○ “The present case is controlled by…”
- 15. Basic Citation Format - A Uniform System of Citation Author Case In text: Name v. Name (Date) Reference: Name v. Name. Volume Source Page (Court Date) Statute In Text: Popular or official name of Act. Reference: Name of Act, Volume Source § (Section) Section Number (year) Rules, regulations, orders and more. In text : Title numberor description (date) Reference: Title/Number, Volume Source § (Section) Section Number (year)
- 16. In Christensen v. Superior Court, 820 P.2d 181, 54 Cal. 3d 868, 2 Cal. Rptr. 2d 79 (1991), the Justice Baxter quotes the applicable sections on negligence in the Restatement of Torts: Section 302 A of the Second Restatement of Torts: "An act or an omission may be negligent if the actor realizes or should realize that it involves an unreasonable risk of harm to another through the negligent or reckless conduct of the other or a third person." In Text Citation
- 17. Every item cited in the paper must have reference citation References Christensen v. Superior Court (1991) 54 C.3d 868, 2 C.R.2d 79, 820 P.2d …...181.
- 18. Resources Who Other online sources: FindLaw Justia United States Code Legal Information Institute Georgetown Law Library North Carolina General Statutes
Editor's Notes
- Basic legal research involves more than just reading a case and making a simple summary but the case is the basic element. Knowing terms and the process can help the researcher plot a path and not get lost in a very thorny thicket. The books here are the Bluebook - the basic citation guide, Black’s Law Dictionary, one of many guides for defining terms and gaining an overview of a topic, and the NC Rules of Civil Procedure, which govern the process of the law. Other statues, laws, and administrative rules are also important to understand to review a case.
- Begin at the beginning, if you have a topic. A careful reference consultation with a librarian, professor or other advisor can guide you in locating these items. Jurisdiction, for example, helps you to find law that is applicable to a case in a specific place and concerning a specific complaint. For example, you would not review California real estate law to apply to a breach of contract case involving North Carolina real estate.
- Review a case from Google Scholar. Note limitations. Review a case though LexisNexis Academic. Note advantages. Both can be assisted by the librarian. Be sure to define your terms - tort, negligence, contract. Come up with names in the case - often the case may not be called what you think it is called. Finding the proper “short name” Name v Name is important. The name of an Act may be not the common name. Obamacare is actually the patient Protection and Affordable Care Act.
- When you do begin to review your terms, you may begin with Google Scholar. Then you would go up the pyramid to find secondary sources to guide your search and note controlling cases (Mandatory authority).Secondary sources also serve as finding tools by providing citations and direction to the primary sources. Shepardizing a citation checks to make sure the case is still “good law” and has not be superceeded by another case or other primary source.
- Review IRAC from Berkeley Law.
- Primary sources of law are the original sources of law. These include constitutions, statutes, court rules, administrative regulations and case law. Secondary sources are explanatory in nature. These provide definitions, summaries, background, and a framework for an understanding of the pattern of law and the evolution of legal concepts. Secondary sources also serve as finding tools by providing citations and direction to the primary sources. Secondary sources include dictionaries, encyclopedias, reporters, and opinions by the Attorney General, restatements of the law, treatises, and legal dictionaries. Legal directories provide information on attorneys and law firms. Form books provide model forms for drafting documents. Articles in legal periodicals discuss topics and provide citations. Digests are topical collections of annotations with references. Primary sources are the gold in a research quest. Secondary sources are the maps and guides along the way.
- Review Pre-Law Subject listing on library website. (Also in Criminal Justice.) ProQuest Central review. Lexis Nexis Review
- Review Google scholar. Also LibSource at https://libsource.com/best-free-legal-research-tools-case-law-statutory-law/
- Review Google scholar.
- View Lexis Nexis video at https://youtu.be/RZg3tqBC17E or look under Video Tutorials.
- View Lexis Nexis video at https://youtu.be/3RK-kHROUNk or look under Video Tutorials.
- See Blue Book. See also APA Section 7.1 “References to Legal Materials” pp. 216-224. In Text citations match APA. Note: The section symbol “§” is a typographical character often used to refer to a particular section of a statute and regulation. The section symbol “§” means simply “section” and the plural “§§” denotes “sections” when referring to two or more sections in a statute