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Case Law
Research and Briefing
By:
Rochak Karki
Introduction
● Case law research is an essential skill for legal professionals
and plays a crucial role in understanding and applying legal
principles and precedents.
● Secondary authority and other research sources serve as
valuable tools that complement primary authority, such as
cases, and provide additional insights and analysis.
Understanding Case Law
● Case law refers to the body of law established through judicial decisions
in court cases.
● It plays a fundamental role in the legal system, shaping legal principles
and establishing binding precedents.
● Case law provides guidance for judges, lawyers, and legal scholars when
interpreting and applying the law in subsequent cases.
● Conducting thorough case law research is essential for understanding
the legal landscape and developing persuasive arguments.
Primary Authority: Cases
● Primary authority refers to the original sources of law that
establish legal rules and precedents.
● Cases are one of the primary authorities that legal
professionals rely on for legal research and analysis.
● Understanding how to navigate and analyze cases is crucial
for effective case law research and briefing.
Secondary Authority
● Secondary authority refers to sources that provide
commentary, analysis, and interpretation of primary
authority, such as cases.
● It supplements primary authority by offering additional
insights, explanations, and expert opinions on legal
issues.
Encyclopedias
● Legal encyclopedias are comprehensive reference
works that provide an overview and analysis of various
legal topics.
● They offer a wealth of information and can serve as a
starting point for legal research and briefing.
Treatises
● Treatises are scholarly works that provide in-depth
analysis and commentary on specific areas of law.
● They offer comprehensive coverage of legal topics and
are often written by experts in the field.
Law Reports
● Law reports are publications that compile and publish
court decisions from various jurisdictions.
● They serve as valuable sources of primary authority
and offer a comprehensive collection of cases.
Digests
● Digests are comprehensive indexes or summaries of
legal cases organized by legal topics.
● They provide an efficient and systematic approach to
locating relevant cases on specific legal issues.
Shepard's Citations
● Shepard's Citations is a comprehensive tool used to verify
the current status and history of legal cases.
● It assists legal researchers in determining if a case is still
good law and provides information on subsequent treatment
of the case.
Other Research Sources
● In addition to secondary authority, there are various other
research sources that can enhance legal research and
briefing.
● These sources provide valuable insights, analysis, and
updates on legal issues and developments.
Research Techniques and Tips
● Conducting effective case law research and briefing
requires employing sound research techniques and
strategies.
● Here are some tips to enhance your research process and
ensure thorough and comprehensive results.
Conclusion
● Effective case law research and briefing require a comprehensive understanding
of primary and secondary authority.
● Secondary authority, such as encyclopedias, treatises, law reports, digests, and
Shepard's Citations, play a significant role in supporting legal research and
analysis.
● These sources provide valuable insights, analysis, and references to primary
authority, aiding in the interpretation and application of the law.
● By utilizing sound research techniques, staying updated with legal developments,
and leveraging reliable sources, legal professionals can enhance the quality and
effectiveness of their case law research and briefing.
● As you continue to develop your research skills, remember the importance of
thoroughness, critical analysis, and staying current with the evolving legal
landscape.
THANK
YOU

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Case Law Research and Briefing.pptx

  • 1. Case Law Research and Briefing By: Rochak Karki
  • 2. Introduction ● Case law research is an essential skill for legal professionals and plays a crucial role in understanding and applying legal principles and precedents. ● Secondary authority and other research sources serve as valuable tools that complement primary authority, such as cases, and provide additional insights and analysis.
  • 3. Understanding Case Law ● Case law refers to the body of law established through judicial decisions in court cases. ● It plays a fundamental role in the legal system, shaping legal principles and establishing binding precedents. ● Case law provides guidance for judges, lawyers, and legal scholars when interpreting and applying the law in subsequent cases. ● Conducting thorough case law research is essential for understanding the legal landscape and developing persuasive arguments.
  • 4. Primary Authority: Cases ● Primary authority refers to the original sources of law that establish legal rules and precedents. ● Cases are one of the primary authorities that legal professionals rely on for legal research and analysis. ● Understanding how to navigate and analyze cases is crucial for effective case law research and briefing.
  • 5. Secondary Authority ● Secondary authority refers to sources that provide commentary, analysis, and interpretation of primary authority, such as cases. ● It supplements primary authority by offering additional insights, explanations, and expert opinions on legal issues.
  • 6. Encyclopedias ● Legal encyclopedias are comprehensive reference works that provide an overview and analysis of various legal topics. ● They offer a wealth of information and can serve as a starting point for legal research and briefing.
  • 7. Treatises ● Treatises are scholarly works that provide in-depth analysis and commentary on specific areas of law. ● They offer comprehensive coverage of legal topics and are often written by experts in the field.
  • 8. Law Reports ● Law reports are publications that compile and publish court decisions from various jurisdictions. ● They serve as valuable sources of primary authority and offer a comprehensive collection of cases.
  • 9. Digests ● Digests are comprehensive indexes or summaries of legal cases organized by legal topics. ● They provide an efficient and systematic approach to locating relevant cases on specific legal issues.
  • 10. Shepard's Citations ● Shepard's Citations is a comprehensive tool used to verify the current status and history of legal cases. ● It assists legal researchers in determining if a case is still good law and provides information on subsequent treatment of the case.
  • 11. Other Research Sources ● In addition to secondary authority, there are various other research sources that can enhance legal research and briefing. ● These sources provide valuable insights, analysis, and updates on legal issues and developments.
  • 12. Research Techniques and Tips ● Conducting effective case law research and briefing requires employing sound research techniques and strategies. ● Here are some tips to enhance your research process and ensure thorough and comprehensive results.
  • 13. Conclusion ● Effective case law research and briefing require a comprehensive understanding of primary and secondary authority. ● Secondary authority, such as encyclopedias, treatises, law reports, digests, and Shepard's Citations, play a significant role in supporting legal research and analysis. ● These sources provide valuable insights, analysis, and references to primary authority, aiding in the interpretation and application of the law. ● By utilizing sound research techniques, staying updated with legal developments, and leveraging reliable sources, legal professionals can enhance the quality and effectiveness of their case law research and briefing. ● As you continue to develop your research skills, remember the importance of thoroughness, critical analysis, and staying current with the evolving legal landscape.