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The Legal Research Process

Published on Nov 21, 2015

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PRESENTATION OUTLINE

The Legal Research Process

WHERE TO START, WHAT TO LOOK FOR, WHEN TO STOP

Big Picture

  • Getting started: issue spotting
  • Make a plan: where to look
  • Secondary Sources
  • Primary Sources
  • When to stop
Photo by .:Adry:.

Issue spotting: Building your research question

Make a plan:

What's the best resource to answer your research questions?

Photo by shindoverse

SECONDARY SOURCES: EXPLAIN AND ANALYZE THE LAW

  • Most detail: American Law Reports, Law Reviews
  • Least detail: Legal encyclopedias, Nutshells
  • Why use #1: Get directed to pertinent primary sources
  • Why use #2: Get a grasp on an unfamiliar legal topic
Photo by ginnerobot

Cases: How to Find

  • Annotations in secondary sources, ann. codes
  • Citators: cited, citing decisions
  • Headnotes, Key Numbers
  • Full Text Searching
Photo by j3net

Statutes

  • Unannotated Codes: just the law
  • Annotated Codes: text of law plus annotations to cases, secondary sources
  • Tip: Use annotated codes in research
Photo by Scott*

When to stop

  • Are the same sources recurring in every search?
  • Have you checked your primary sources for currency?
  • Have you used a citator to check for positive/negative treatment?
Photo by monkeyc.net

Big Picture

  • Getting started: issue spotting
  • Make a plan: where to look
  • Secondary Sources
  • Primary Sources
  • When to stop
Photo by .:Adry:.