Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

  • Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

  • Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

Read > Analyze > Assess > Note > Generate

  • Read anything you have been given
  • Analyze the facts and frame the legal issues
  • Assess what you know and need to learn
  • Note the jurisdiction and any primary law you have been given
  • Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

  • Legal Treatises on Jurisdiction
  • LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

A Map of the United States with Each Appellate Court Jurisdiction

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

  • Search Date
  • Topics/Keywords/Search Strategy
  • Citation to Relevant Source Found
  • Save Locations
  • Follow Up Needed

Consider using the following research log as a starting place: 

  • Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

  • Lexis Advance Folders
  • Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

  • Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Aug 9, 2024 427 views this year
  • Zotero by Daniel Becker Last Updated Sep 12, 2024 29253 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Graph Showing Types of Legal Research Resources.  Tertiary Sources: Hollis, Law Library Website.  Secondary Sources:  Headnotes & Annotations, American Law Reports, Treatises, Law Reviews & Journals, Dictionaries and Encyclopedias, Restatements.  Primary Sources: Constitutions, Treatises, Statutes, Regulations, Case Decisions, Ordinances, Jury Instructions.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

  • Learning the basics of a particular area of law
  • Understanding key terms of art in an area
  • Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

  • Scope/Breadth
  • Depth of Treatment
  • Currentness/Reliability

Chart Illustrating Depth and Breadth of Secondary Sources by Type.  Legal Dictionaries (Shallow and Broad), Legal Encyclopedias (Shallow and Broad), Restatements (Moderately Deep and Broad), Treatises (Moderately Deep and Moderately Narrow), American Law Reports (Extremely Deep and Extremely Narrow), Law Journal Articles (Extremely Deep and Extremely Narrow)

For a deep dive into secondary sources visit:

  • Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 7078 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

  • Black's Law Dictionary
  • Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Graph illustrating that Legal Encyclopedias have broad coverage of subject matter and content with shallow treatment of the topics.

Here are the two major national encyclopedias:

  • American Jurisprudence (AmJur) (Westlaw)
  • American Jurisprudence (Lexis)
  • Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

Graph illustrating that Treatises are moderate in scope and relatively deep.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

  • Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 6481 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

Graph illustrating that American Law Reports are narrow in scope but treat concepts deeply.

This resource is available in both Westlaw and Lexis:

  • American Law Reports on Westlaw (includes index)
  • American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Graph illustrating that Law Review and Journal articles are extremely narrow in scope but exceptionally deep.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

  • Law Journal Library on HeinOnline
  • Law Reviews & Journals on LexisNexis
  • Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Graph illustrating that Restatements are broad in scope and treat topics with moderate depth.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

  • a concisely stated rule of law,
  • comments to clarify the rule,
  • hypothetical examples,
  • explanation of purpose, and
  • exceptions to the rule  

To access restatements visit:

  • American Law Institute Library on HeinOnline
  • Restatements & Principles of the Law on LexisNexis
  • Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

  • Constitutions
  • Statutes 

Regulations

Access to primary legal sources is available through:

  • Bloomberg Law
  • Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

  • Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 5242 views this year
  • 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

  • Legislative History Get an introduction to legislative histories in less than 5 minutes.
  • Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

  • Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 874 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

  • Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
  • Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

  • State Bar Associations
  • State Courts Websites

First Circuit

  • First Circuit Court Rule 32.1.0

Second Circuit

  • Second Circuit Court Rule 32.1.1

Third Circuit

  • Third Circuit Court Rule 5.7

Fourth Circuit

  • Fourth Circuit Court Rule 32.1

Fifth Circuit

  • Fifth Circuit Court Rule 47.5

Sixth Circuit

  • Sixth Circuit Court Rule 32.1

Seventh Circuit

  • Seventh Circuit Court Rule 32.1

Eighth Circuit

  • Eighth Circuit Court Rule 32.1A

Ninth Circuit

  • Ninth Circuit Court Rule 36-3

Tenth Circuit

  • Tenth Circuit Court Rule 32.1

Eleventh Circuit

  • Eleventh Circuit Court Rule 32.1

D.C. Circuit

  • D.C. Circuit Court Rule 32.1

Federal Circuit

  • Federal Circuit Court Rule 32.1

Finding Cases

Image of a Headnote in a Print Reporter

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

  • Topic Navigator (Lexis)
  • Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

  • in Lexis click "More Like This Headnote"
  • in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

  • Keycite Information Page
  • Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

Additional Shepard's Resources

  • Shepard's Video Tutorial
  • Shepard's Handout
  • Shepard's Editorial Phrase Dictionary
  • Shepard's Signal Indicators & Analysis Phrases
  • Shepard's Citation Services User Guide
  • Lexis+ Support and Training Additional online videos and handouts for Lexis+.

Additional KeyCite Resources

  • How to Ensure I'm Citing Good Law (Westlaw Video)
  • KeyCite Handout
  • KeyCite Editorial Phrase Dictionary
  • Understanding Next Generation KeyCite
  • How to Check the Status of a Case with KeyCite
  • Westlaw Precision Support Additional videos and handouts to support your Westlaw research.

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

  • Parallel citations
  • Prior and subsequent history
  • Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

  • Later cases on the same point of law
  • Positive treatment, explaining or expanding the law.
  • Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

  • Secondary sources that discuss your case or statute.
  • Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

  • Terminating Research, by Christina L. Kunz

Contact Us!

  Ask Us!  Submit a question or search our knowledge base.

Chat with us!  Chat   with a librarian (HLS only)

Email: [email protected]

 Contact Historical & Special Collections at [email protected]

  Meet with Us   Schedule an online consult with a Librarian

Hours  Library Hours

Classes  View  Training Calendar  or  Request an Insta-Class

 Text  Ask a Librarian, 617-702-2728

 Call  Reference & Research Services, 617-495-4516

This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License .

You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner. 

  • Last Updated: Aug 27, 2024 5:19 PM
  • URL: https://guides.library.harvard.edu/law/researchstrategy

Harvard University Digital Accessibility Policy

Library Home

Legal Writing I & II: Legal Research and Writing & Introduction to Litigation Practice

(0 reviews)

Ben Fernandez

Copyright Year: 2020

ISBN 13: 9798746520340

Publisher: Ben Fernandez

Language: English

Formats Available

Conditions of use.

Attribution-NonCommercial-ShareAlike

Table of Contents

  • Introduction
  • Part I: Objective Writing
  • 1. Sources of Law
  • 2. Legal Research 
  • 3. Briefing Cases
  • 4. Applying Cases and Analogical Reasoning
  • 5. Analyzing Statues and Marshaling Facts
  • 6. Citation
  • 8. Objective Legal Memoranda
  • 9. Other Examples of Legal Writing
  • 10. Improving Your Writing
  • Part II: Persuasive Essay
  • 11. Credibility
  • 13. Ethical Rules for Advocacy
  • 14. Civil and Appellate Procedure
  • 15. Requirements for Civil Motions and Standards for Appeals
  • 16. Persuasive Writing
  • 17. Memoranda in Support of MOtions
  • 18. Motion Session
  • 19. Appellate Briefs
  • 20. Oral Argument
  • Case Briefing Exercise
  • Clampitt v. Spencer
  • Eppler v. Tarmac
  • Sample Case Briefs
  • Clampitt v. Spencer Brief
  • Eppler v. Tarmac Brief
  • Case Analogy Exercise
  • Malczewski v. Florida
  • Sample Case Analogy
  • IRAC Exercise
  • Young v. Kirsch
  • State Farm V. Mosharaf
  • Southland v. Thousand Oaks
  • Sample IRAC
  • Legal Memorandum Exercise 
  • Sample Legal Memorandum
  • About the Author

Ancillary Material

About the book.

Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice contains a brief discussion of all of the topics covered in a law school courses on legal writing, including a typical first semester course on legal research, analysis and writing an objective memorandum, as well as a second semester course on persuasion and writing an appellate brief, motion to dismiss or motion for summary judgment. The discussion focuses on the basics of analogical reasoning and persuasion and leaves out the minutiae. Each topic is taken one step at a time, with each step building on the step before it. The sources of law are presented first, then legal research, and reading and analyzing cases and statutes. The book covers analogizing a case to a fact pattern and marshaling the relevant facts to the elements of a statutory rule next. And then first section of the book concludes with legal citation, CRAC and CREAC, and writing a legal research memorandum. The text also includes a lot of samples and examples of how the author would write a case brief, a legal memoranda and an appellate brief, as well as an appendix with charts, outlines and exercises students can use to practice these skills. Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice covers all the skills students need to know to work at a law firm, and everything students have to learn to begin practicing in litigation department of a firm.

About the Contributors

Ben Fernandez,  University of Florida Levin College of Law

Contribute to this Page

Queensland University of Technology, Brisbane Australia

Researching and writing in law (4th edition)

Hutchinson, Terry (2018) Researching and writing in law (4th edition). Lawbook Co., Pyrmont, N.S.W..

View at publisher

Description

Researching and Writing in Law, 4th Edition is an updated research guide, mapping the developments that have taken place and providing the keys to the fundamental electronic sources of legal research, as well as exploring traditional doctrinal methodologies. Included in this edition are extensive checklists for locating and validating the law in Australia, England, Canada, the United States, New Zealand, India and the European Union.

[Publisher's blurb]

Impact and interest:

Citation counts are sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

  • Notify us of incorrect data
  • How to use citation counts
  • More information
205151
Book/Report (Book)
9780455237800
06 Oct 2020 02:05
06 Oct 2020 02:07

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page

-

  • Browse research
  • TEQSA Provider ID: PRV12079 (Australian University)
  • CRICOS No. 00213J
  • ABN 83 791 724 622
  • Accessibility
  • Right to Information

Business development

  • Billing management software
  • Court management software
  • Legal calendaring solutions

Practice management & growth

  • Project & knowledge management
  • Workflow automation software

Corporate & business organization

  • Business practice & procedure

Legal forms

  • Legal form-building software

Legal data & document management

  • Data management
  • Data-driven insights
  • Document management
  • Document storage & retrieval

Drafting software, service & guidance

  • Contract services
  • Drafting software
  • Electronic evidence

Financial management

  • Outside counsel spend

Law firm marketing

  • Attracting & retaining clients
  • Custom legal marketing services

Legal research & guidance

  • Anywhere access to reference books
  • Due diligence
  • Legal research technology

Trial readiness, process & case guidance

  • Case management software
  • Matter management

Recommended Products

Conduct legal research efficiently and confidently using trusted content, proprietary editorial enhancements, and advanced technology.

Accelerate how you find answers with powerful generative AI capabilities and the expertise of 650+ attorney editors. With Practical Law, access thousands of expertly maintained how-to guides, templates, checklists, and more across all major practice areas.

A business management tool for legal professionals that automates workflow. Simplify project management, increase profits, and improve client satisfaction.

  • All products

Tax & Accounting

Audit & accounting.

  • Accounting & financial management
  • Audit workflow
  • Engagement compilation & review
  • Guidance & standards
  • Internal audit & controls
  • Quality control

Data & document management

  • Certificate management
  • Data management & mining
  • Document storage & organization

Estate planning

  • Estate planning & taxation
  • Wealth management

Financial planning & analysis

  • Financial reporting

Payroll, compensation, pension & benefits

  • Payroll & workforce management services
  • Healthcare plans
  • Billing management
  • Client management
  • Cost management
  • Practice management
  • Workflow management

Professional development & education

  • Product training & education
  • Professional development

Tax planning & preparation

  • Financial close
  • Income tax compliance
  • Tax automation
  • Tax compliance
  • Tax planning
  • Tax preparation
  • Sales & use tax
  • Transfer pricing
  • Fixed asset depreciation

Tax research & guidance

  • Federal tax
  • State & local tax
  • International tax
  • Tax laws & regulations
  • Partnership taxation
  • Research powered by AI
  • Specialized industry taxation
  • Credits & incentives
  • Uncertain tax positions

Unleash the power of generative AI through an accounting and tax research tool. Find answers faster with dialogue-based research and quick, on-point search results.

Provides a full line of federal, state, and local programs. Save time with tax planning, preparation, and compliance.

Automate work paper preparation and eliminate data entry

Trade & Supply

Customs & duties management.

  • Customs law compliance & administration

Global trade compliance & management

  • Global export compliance & management
  • Global trade analysis
  • Denied party screening

Product & service classification

  • Harmonized Tariff System classification

Supply chain & procurement technology

  • Foreign-trade zone (FTZ) management
  • Supply chain compliance

Software that keeps supply chain data in one central location. Optimize operations, connect with external partners, create reports and keep inventory accurate.

Automate sales and use tax, GST, and VAT compliance. Consolidate multiple country-specific spreadsheets into a single, customizable solution and improve tax filing and return accuracy.

Risk & Fraud

Risk & compliance management.

  • Regulatory compliance management

Fraud prevention, detection & investigations

  • Fraud prevention technology

Risk management & investigations

  • Investigation technology
  • Document retrieval & due diligence services

Search volumes of data with intuitive navigation and simple filtering parameters. Prevent, detect, and investigate crime.

Identify patterns of potentially fraudulent behavior with actionable analytics and protect resources and program integrity.

Analyze data to detect, prevent, and mitigate fraud. Focus investigation resources on the highest risks and protect programs by reducing improper payments.

News & Media

Who we serve.

  • Broadcasters
  • Governments
  • Marketers & Advertisers
  • Professionals
  • Sports Media
  • Corporate Communications
  • Health & Pharma
  • Machine Learning & AI

Content Types

  • All Content Types
  • Human Interest
  • Business & Finance
  • Entertainment & Lifestyle
  • Reuters Community
  • Reuters Plus - Content Studio
  • Advertising Solutions
  • Sponsorship
  • Verification Services
  • Action Images
  • Reuters Connect
  • World News Express
  • Reuters Pictures Platform
  • API & Feeds
  • Reuters.com Platform

Media Solutions

  • User Generated Content
  • Reuters Ready
  • Ready-to-Publish
  • Case studies
  • Reuters Partners
  • Standards & values
  • Leadership team
  • Reuters Best
  • Webinars & online events

Around the globe, with unmatched speed and scale, Reuters Connect gives you the power to serve your audiences in a whole new way.

Reuters Plus, the commercial content studio at the heart of Reuters, builds campaign content that helps you to connect with your audiences in meaningful and hyper-targeted ways.

Reuters.com provides readers with a rich, immersive multimedia experience when accessing the latest fast-moving global news and in-depth reporting.

  • Reuters Media Center
  • Jurisdiction
  • Practice area
  • View all legal
  • Organization
  • View all tax

Featured Products

  • Blacks Law Dictionary
  • Thomson Reuters ProView
  • Recently updated products
  • New products

Shop our latest titles

ProView Quickfinder favorite libraries

  • Visit legal store
  • Visit tax store

APIs by industry

  • Risk & Fraud APIs
  • Tax & Accounting APIs
  • Trade & Supply APIs

Use case library

  • Legal API use cases
  • Risk & Fraud API use cases
  • Tax & Accounting API use cases
  • Trade & Supply API use cases

Related sites

United states support.

  • Account help & support
  • Communities
  • Product help & support
  • Product training

International support

  • Legal UK, Ireland & Europe support

New releases

  • Westlaw Precision
  • 1040 Quickfinder Handbook

Join a TR community

  • ONESOURCE community login
  • Checkpoint community login
  • CS community login
  • TR Community

Free trials & demos

  • Westlaw Edge
  • Practical Law
  • Checkpoint Edge
  • Onvio Firm Management
  • Proview eReader

researching and writing in law

How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

  • Case law, which are court opinions or decisions issued by federal or state courts
  • Statutes, including legislation passed by both the U.S. Congress and state lawmakers
  • Regulations, including those issued by either federal or state agencies
  • Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

  • Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
  • Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

  • Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

  • A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
  • A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
  • A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
  • The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

Related insights

researching and writing in law

Westlaw tip of the week: Checking cases with KeyCite

researching and writing in law

Why legislative history matters when crafting a winning argument

researching and writing in law

Case law research tools: The most useful free and paid offerings

researching and writing in law

Request a trial and experience the fastest way to find what you need

Due to major building activity, some collections are unavailable. Please check your requests before visiting.  Learn more .

  • Researching and writing in law / by Terry Hutchinson
  • Pyrmont, NSW : Lawbook Co., 2018
  • xi, 632 pages ; 24 cm.

Researching and Writing in Law, 4th Edition includes an updated legal research guide. It maps the developments that have occured and provides keys to the fundamental electronic sources of legal research, as well as exploring traditional doctrinal methodologies. Included in this edition are extensive checklists for locating and validating the law in Australia, England, Canada, the United States and New Zealand as well as China, India and the European Union.

  • Previous edition: 2010.
  • Includes bibliographical references and index.
  • Legal research -- Australia
  • Legal research
  • Academic writing
  • Report writing

In Copyright

You may copy under some circumstances, for example you may copy a portion for research or study. Order a copy through Copies Direct to the extent allowed under fair dealing. Contact us for further information about copying.

Copyright status was determined using the following information:

Copyright status may not be correct if data in the record is incomplete or inaccurate. Other access conditions may also apply. For more information please see: Copyright in library collections .

Request this item

Request this item to view in the Library’s reading room.

  • Librarian View
  • Export to EndNote
  • Report an error

Similar items

  • A practical guide to legal research / Sue Milne, Kay Tucker
  • Guide to successful, legal research

Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

Latest Blogs

How lexis+ ai delivers hallucination-free linked legal citat....

By: Serena Wellen, Vice President of Product Management, LexisNexis We raised some eyebrows last fall when we announced the launch of Lexis+ AI, our new generative artificial intelligence (Gen AI) solution...

Obtain Fast Insights into Complex Legal Issues with Legal AI...

By: Liz Christman The practice of law revolves around the interpretation of complex documents, which can be tedious and time-consuming. But what if there was a tool that could quickly summarize these...

4 Tips for Improving Your Legal Searches with Generative Eng...

By Jennifer Belz The emergence of generative engines — a new wave of generative artificial intelligence (Gen AI) — is poised to revolutionize the way lawyers approach legal research. But...

How to Extract and Analyze Legal Documents with Gen AI

By Jake Nelson Legal professionals continue to dive into the brave new world of generative artificial intelligence (Gen AI) to explore possible use cases for this exciting new technology. For those practicing...

How Lexis+ AI Can Help You Write Legal Memos Faster

By Jake Nelson One of the foundations of the practice of law is the legal memorandum. Legal memos provide an objective summary and analysis of relevant legal principles, statutes, regulations, case law...

Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

researching and writing in law

Legal research is imperative to the practice of law. Depending on where you are in your legal career, there could be multiple reasons to brush up on the basics of legal research. You could be a: 

  • Law student or recent graduate preparing for your career 
  • Seasoned attorney aiming to brush up on the basics amidst ever-evolving legal research technology 
  • Growing law firm preparing to train new attorneys or paralegals 

Regardless of which of these categories you align with most, reviewing the basics of legal research should become regular practice. After all, the importance of legal research cannot be overstated – pinpointing the best facts and knowledge for your case can make the difference between winning and losing.  

Use this article to review the basics and set yourself (and your firm) up for success. First, we’ll define legal research and its components. Then, we’ll walk you through a step-by-step process for conducting superior legal research. Finally, we’ll close with recommendations for tools that can help you become both an accurate and efficient legal researcher – which ultimately equips you with a reputation for success in the courtroom.  

What is Legal Research?

Legal research is defined as the process of identifying and retrieving information necessary to support legal decision-making. There are multiple reasons you might conduct legal research: 

  • To find “good” case law that backs up your motion or brief  
  • To provide legal counsel to clients  
  • To provide a memo or brief for class (law students only)  
  • To identify case law that refutes an opposing argument 
  • To support the over-arching narrative of your case 

What is the Importance of Legal Research?

Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.

Historically, attorneys combed through books and libraries for the perfect facts, cases, and issues; now, technology has largely replaced this process. While the prominence of ever-evolving technology has made the process more efficient (and, in many ways, easier), the sheer number of products and options available can be overwhelming.  

The Legal Research Process

Understanding that the legal research process can be overwhelming and time-consuming, we’ve broken the legal research process down into three key steps: 

  • Understand the facts of your case 
  • Gather sources of law 
  • Check your citations for “good” law 

Each of these steps is detailed below, alongside a quick-view checklist.  

Step 1: Record the Facts of Your Case and Create a Research Plan  

Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case. Ask yourself the following questions: 

  • What is the legal issue at hand?  
  • What are the details of the case?  
  • What jurisdiction is most relevant?  
  • Do you need state or federal case law? 

Record your facts in a case management tool before beginning – this can help you develop a course of action and narrow down where to start your research. While it may be tempting to skip this step, a commitment to this process saves you time in the long run by helping you efficiently juggle multiple clients. Not to mention, you will likely need what you’ve recorded to file a motion or brief. 

With the facts of the case recorded, you can begin your research. Because this will help you develop a plan for gathering your sources, we will briefly discuss creating a research plan before moving on to Step 2.  

Did you know? LexisNexis boasts a collection of state case law superior to its leading competitors. Easily filter by jurisdiction before or after your search.  

Creating a Research Plan  

Review the facts you recorded to determine what information you will need to build your case. When legal research first moved online, many attorneys felt the need to start with a free service like Google to identify terms of art before conducting a search in a legal research platform. However, this is no longer necessary. Research platforms like Lexis+ allow you to start your search with a natural language search or question and equip you to quickly comb both primary and secondary sources. Litigators, specifically, can use Fact and Issue Finder – integrated directly with Lexis+ – to help quickly identify the best terms of art for their search.  

Creating your research plan is less about planning where you will search and more about planning what you will search. You know your research can be conducted on one, fully integrated platform. So, what questions will you ask to get started? What legal issues do you need more information about? What filters will you need (jurisdiction, time period, etc.)?  

Once you know what you will search for, you are ready to gather sources.  

Step 2: Gather Sources of Law  

The next step in your process is to gather relevant sources of law. Below, we detail the difference between primary law and secondary law. Importantly, when gathering sources, start with secondary law materials. This helps ensure you are up-to-speed on what experts have to say about a topic before you begin your case law search. Why does this matter? Think about it as building your knowledge base before crafting an argument – you’ll be less likely to make mistakes and more inclined to spot case-winning primary law.  

What are Secondary Sources of Law?  

Secondary legal sources are materials that describe or interpret the law. They are educational resources that provide analysis of the law. These documents are cited by attorneys to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Start with secondary sources to learn from legal experts that have already explored a given topic.  

Secondary sources may include: 

  • Practice guides 
  • Legal treatises 
  • Law review articles 
  • Scholarly journals 
  • Legal news 
  • Jury instructions 
  • Legal dictionaries and encyclopedias 

What are Primary Sources of Law?  

A primary legal source is a formal document officially issued by the government that establishes the law on a particular matter, such as a case decision or legislative act. Primary sources are the law. This is the most authoritative step in the legal research process. You can support arguments with primary sources as they are not only authoritative, but precedential and controlling.  

Your primary sources may include: 

  • Case law (federal and/or state) 
  • Orders 
  • Decisions 
  • Statutes and regulations 
  • Constitutions  
  • Treatises 

Step 3: Check to See If You’re Using Good Law   

The final step in your research process should include a final check to ensure you have used “good” law – this means you are using case law that has been treated positively in court (as opposed to case law that has been overturned or brought into question). 

Check your case citations as you collect them, especially since legal research software can allow a quick view of how your case has been treated in court directly from your search results. However, it is best practice to review your citations once your research process is complete to check for any gaps, changes, or oversights.  

Read more about using good law and the process of " Shepardizing ."

Conduct Winning Legal Research  

Following this three-step process ensures you’re taking the right measures to find the most accurate, relevant and valuable data to achieve your objectives. Now that you’re ready to conduct winning legal research, take some time to review products and tools that can help you in your path to success.  

Getting Started with Legal Research Tools   

Legal research is key to drafting effective documents and building winning cases. Legal research solutions have evolved substantially – helping you conduct legal research with increased efficiency and accuracy . Below is a list of legal research tools to help you build a winning case:  

  • Lexis +:  This is the premier LexisNexis fully integrated legal research platform. Features such as Shepard's At Risk ensures you’re citing only the most authoritative sources, with unprecedented visibility into whether a case is at risk of being overruled or undermined. Other Lexis+ features include, but aren’t limited to: 
  • Brief Analysis: Get a clear picture of the contents of your legal brief to identify any missteps and bolster your arguments against opposing counsel. Simply upload and file and quickly evaluate the legal authority cited in your (or an opposing) brief in granular detail and receive recommendations for additional searches.  
  • Litigation Analytics: Get the most accurate insights into judges, courts, attorneys, and law firms to ensure your success in litigation. Understand critical insights regarding caseloads, experience across case types, timing to key milestones, and damages by comparing federal districts and judges. 
  • Shepard's ® Citations Service:  See if a case has been overturned, reaffirmed, questioned, or cited by later cases, or is at risk of negative treatment. Your research needs to provide precedential value. Using reversed or overruled authority doesn't qualify as "Good Law" and your research may be ineffectual or harmful to your case.  
  • Practical Guidance: View professional insights on 20 different practice areas. Accomplish any task with practice notes, annotated templates, and checklists.  
  • Legal News Hub: Receive up-to-the-minute, award-winning journalism and legal news from Law360 and Law360 Pulse anytime you need it — without having to leave the Lexis+ ecosystem. Stay current on critical developments across legal practice areas, with over 70 coverage areas spanning the practice and business of law. 

LexisNexis is here to support your firm in winning your next case. With Lexis+, all of your legal research needs are integrated into one platform as a true start-to-finish solution. Ready to learn more? Take a guided tour of Lexis+ today. 

Buy Now    Free Lexis+ Access

  • Practical Guidance
  • Legal Research
  • Shepard's Citations Service

Legal Research and Writing: Key Skills for Law School and Beyond

Discover the essential skills of legal research and writing that will help you excel in law school and beyond.

Posted May 12, 2023

researching and writing in law

Law School Applications: Ask Me Anything

Starting tuesday, september 24.

10:00 PM UTC · 30 minutes

Table of Contents

The study of law is a rigorous and intellectually demanding undertaking. Law students are expected to master complex legal concepts, defend legal arguments with precision and acute attention to detail, and write convincingly to persuade judges and colleagues. Therefore, it comes as no surprise that legal research and writing are the cornerstones of law school education and the legal profession at large. In this article, we will explore the significance of legal research and writing in law school and beyond, discuss the essential components of legal research, highlight tips and best practices for conducting effective legal research, and explore strategies for mastering the art of legal writing.

The Importance of Legal Research and Writing in Law School

The practice of law is built upon decades, if not centuries, of legal precedent, judicial decisions, and legal codes. Law students must understand the law's intricacies to represent clients effectively, draft legal documents accurately, and argue persuasively in court. Legal research and writing are fundamental skills that a law student must master to excel academically and professionally.

Legal research involves finding and analyzing legal sources to support a legal argument or decision. It requires a thorough understanding of legal databases, search techniques, and critical thinking skills. Legal writing, on the other hand, involves drafting legal documents such as briefs, memos, and contracts. It requires excellent writing skills, attention to detail, and the ability to communicate complex legal concepts in a clear and concise manner.

Moreover, legal research and writing are not only essential for law students but also for practicing lawyers. As the law is constantly evolving, lawyers must stay up-to-date with the latest legal developments and precedents. They must also be able to communicate their legal arguments effectively to judges, clients, and other lawyers. Therefore, mastering legal research and writing skills is crucial for a successful legal career.

The Role of Legal Research and Writing in the Legal Profession

Legal research and writing are indispensable components in the legal profession. They are essential for lawyers, judges, and other legal professionals to identify relevant legal statutes, laws, and judicial rulings in their practice areas. Lawyers must also convey their legal arguments in a crisp and persuasive manner, either orally or in writing. The quality of these arguments can be the difference between a case won or lost.

Legal research and writing also play a crucial role in shaping the development of the law. Through their research, lawyers can identify gaps in the law or areas where the law may be unclear or contradictory. They can then use their legal writing skills to draft proposed legislation or advocate for changes in the law to address these issues. In this way, legal research and writing can contribute to the evolution of the law and ensure that it remains relevant and effective in addressing the needs of society.

Moreover, legal research and writing are not limited to the courtroom or legislative chambers. They are also essential in the business world, where legal professionals must navigate complex regulations and contracts. Effective legal research and writing skills can help businesses avoid legal pitfalls and ensure compliance with applicable laws and regulations. They can also help businesses negotiate favorable terms in contracts and resolve disputes in a timely and cost-effective manner.

Essential Components of Legal Research: Understanding the Law

The legal system is complex and varied, consisting of various sources of law, including statutes, regulations, and case law. Legal researchers must have a firm grasp of legal terminology and principles to find and analyze relevant legal materials quickly. They must also understand how to perform primary source document research, such as reading case opinions and legislative history documents.

Another important component of legal research is understanding the hierarchy of authority within the legal system. This includes knowing which sources of law take precedence over others, such as constitutional law over statutory law. Additionally, legal researchers must be able to identify and analyze relevant legal precedents, which are previous court decisions that may impact the outcome of a current case. By understanding the hierarchy of authority and legal precedents, legal researchers can effectively navigate the legal system and provide valuable insights to their clients.

Conducting Effective Legal Research: Tips and Best Practices

Legal research can be time-consuming and challenging, but there are several best practices and tips that can make the process more efficient. These include breaking down the research question into smaller, more manageable components, using precise search terms, utilizing secondary sources, leveraging online research tools, and collaborating with legal research professionals when necessary.

Another important tip for conducting effective legal research is to stay up-to-date with changes in the law. Laws and regulations are constantly evolving, and it is crucial to ensure that your research is based on the most current information available. This can be achieved by regularly checking for updates and changes in relevant statutes, regulations, and case law.

Additionally, it is important to critically evaluate the sources you use in your research. Not all sources are created equal, and it is important to ensure that the sources you rely on are reputable and reliable. This can be achieved by checking the credentials of the author, verifying the accuracy of the information presented, and cross-referencing with other sources to ensure consistency.

The Art of Legal Writing: Structure and Style

Legal writing is different from other forms of writing methodologically. It relies on a specific structure and style that legal professionals have honed over centuries. The most successful legal writers adhere to a specific set of conventions, including legal formatting, concise prose, persuasive arguments, and attention to detail. Effective legal writing also requires proper citation of sources, careful editing, and proofreading.

One of the key elements of legal writing is the use of precise language. Legal professionals must be able to convey complex ideas and arguments in a clear and concise manner. This requires a deep understanding of legal terminology and the ability to use it effectively. Additionally, legal writers must be able to anticipate and address potential counterarguments, and present their own arguments in a persuasive and compelling way.

Another important aspect of legal writing is the ability to tailor your writing to your audience. Legal documents may be read by judges, lawyers, or laypeople, and each audience requires a different approach. For example, a brief submitted to a judge may require a more formal tone and a focus on legal precedent, while a client memo may require a more conversational tone and a focus on practical advice. Understanding your audience and tailoring your writing accordingly can make a significant difference in the effectiveness of your legal writing.

Crafting Compelling Legal Arguments: Tips and Techniques

The key to crafting a persuasive legal argument is a combination of factual accuracy, legal authority, and rhetorical flourish. Effective legal arguments require careful review of the facts, analysis of the applicable law, and proper use of legal precedents. Moreover, a convincing legal argument must be presented in a clear, precise, and concise manner that captures the court's attention and persuades it to rule in the client's favor.

Common Mistakes to Avoid in Legal Writing

Legal writing is a challenging craft, and it's easy to make mistakes in complex legal arguments. Common errors include grammatical errors, convoluted syntax, misplaced or missing punctuation, and incorrect citation of sources. Legal professionals must also be mindful of typos, spelling errors, and inappropriate or jargon-laden language.

The Impact of Technology on Legal Research and Writing

Advances in technology have revolutionized the practice of law, including legal research and writing, with greater access to online resources, such as online databases, search engines, and research tools. Online resources have made legal research more efficient and comprehensive than ever before. Similarly, advances in word processing and legal citation software have made legal writing more accessible and error-free.

Balancing Precision and Clarity in Legal Writing

Legal writing must be accurate, precise, and persuasive, but it must also be clear and accessible to those not trained in law. A well-crafted legal document should be both technically proficient and easy to read to ensure the widest possible audience. To accomplish this, legal professionals must balance legal jargon and complex legal reasoning with clear language, clearly defined terms, and an engaging tone.

The Role of Citations in Legal Research and Writing

Citations are a critical component of legal research and writing, as they provide evidence and support for legal arguments. They also help readers locate the sources relied upon in legal writing and research. Legal professionals must familiarize themselves with the citation conventions for their particular field of law.

Building a Successful Career in the Law through Strong Research and Writing Skills

Legal research and writing are essential skills for aspiring lawyers and other legal professionals. Developing a reputation as an excellent legal writer and researcher can be a significant advantage in a competitive job market. These skills are also critical for lawyers to build their professional credibility as they work with clients, colleagues, judges, and other stakeholders.

Resources for Improving Your Legal Research and Writing Skills

Several resources can aid in developing legal research and writing skills. Law school writing and research courses are an excellent starting point and provide tools to build one's skills. Additionally, the legal research and writing sections of law library websites can be an excellent resource for researching specific topics and gaining access to legal databases. Respectfully, law firms may offer legal writing training programs and other resources for their attorneys.

Overcoming Writer's Block: Strategies for Effective Legal Writing

Legal writing can be a daunting task, with its formal requirements, complicated conventions, and strict deadlines. Writer's block is common among legal professionals in such situations and can make legal writing seem like an insurmountable challenge. Techniques for overcoming writer's block include breaking down writing assignments into manageable chunks, seeking inspiration from legal precedents, and using free-writing techniques to generate ideas.

Mastering Time Management for Efficient Legal Research and Writing

Successful legal professionals must manage their time effectively to research and write efficiently. Time management strategies can be incorporated into daily activities, such as prioritizing tasks, tracking time spent on research and writing, and scheduling work in blocks. A deadline-driven environment may prioritize urgent work, but time management may increase efficiency and productivity.

Legal research and writing are the building blocks of legal education and practice. By mastering the techniques for conducting effective legal research, crafting compelling legal arguments, and enhancing legal writing skills, lawyers can establish themselves as respected professionals and elevate their careers to new heights. By following the tips, best practices, and strategies outlined in this article, students and legal professionals can build the skills necessary for success in the law.

Browse hundreds of expert coaches

Leland coaches have helped thousands of people achieve their goals. A dedicated mentor can make all the difference.

Browse Related Articles

researching and writing in law

May 12, 2023

Crafting Your Law School Resume: Template and Tips

Crafting a law school resume can be a daunting task, but with our helpful template and expert tips, you'll be able to showcase your skills and experience in the best possible light.

researching and writing in law

Columbia School of Law: A Prestigious Institution for Legal Studies

Discover the excellence of legal education at Columbia School of Law, one of the most prestigious institutions in the world.

researching and writing in law

Law School Rankings: Understanding the Top Institutions in Legal Education

Discover the top law schools in the country and gain a better understanding of what makes them stand out.

researching and writing in law

June 6, 2023

Stanford Law School Acceptance Rate: Insights Into Admission Statistics

While Stanford Law School is certainly no stranger to aspiring law students, its admissions statistics are a bit more enigmatic. Discover the secrets behind Stanford Law School's highly competitive admission process and gain valuable insights into their acceptance standards.

researching and writing in law

May 24, 2024

The Top 10 Law Schools for Family Law

Are you considering pursuing a career in family law? Look no further than our comprehensive list of the top 10 law schools for family law.

researching and writing in law

A Guide to 2L: Your Second Year at Law School

Are you a law student entering your second year? Our comprehensive guide to 2L will help you navigate the challenges and opportunities that lie ahead.

researching and writing in law

How to Get Off the Law School Application Waitlist: Tips and Strategies for Admission

Are you stuck on the law school application waitlist? Don't worry, we've got you covered.

researching and writing in law

Rising Above Limits: How to Get Into T14 Law Schools with a Low LSAT Score

Discover the secrets to getting into top-tier law schools with a low LSAT score.

researching and writing in law

How to Apply to Law School as a Veteran: A Comprehensive Guide

If you're a veteran looking to apply to law school, this comprehensive guide has got you covered.

researching and writing in law

7 Law School Essay Tips to Help You Stand Out in 2023

If you're planning to apply to law school in 2023, you'll want to read these 7 essay tips that will help you stand out from the competition.

researching and writing in law

The Pros and Cons of Using a Law School Admissions Coach

Considering hiring a law school admissions coach? Our article explores the advantages and disadvantages of using one, helping you make an informed decision about whether or not to seek professional guidance in your law school application process..

researching and writing in law

How to Decide on Your Law Specialty

Are you a law student struggling to choose a specialty? This article provides practical tips and insights on how to decide on your law specialty.

Legal Research and Writing

Bernard Koteen Office of Public Interest Advising 4039 Wasserstein Hall (WCC) 1585 Massachusetts Avenue Cambridge, MA 02138

Legal writing refers generally to the analysis of fact patterns and presentation of arguments in legal memos and briefs. The vast majority of legal internships and permanent positions will require the deployment of legal writing skills. Those working in settings where client-based or impact litigation are the principal focus will draft and file legal briefs that coherently present their side’s written arguments to the court. Certain positions might entail the drafting of predictive memos, which anticipate the arguments of opposing counsel. Even non-litigation positions may require you to research a legal question, analyze the relevant legal precedents, and present an answer in a memo. Work in academia may involve not only writing for scholarly publications but also teaching law students the basics of legal writing and citation. Some larger government agencies and non-profit organizations may also hire someone to provide legal writing training to new hires or to oversee their legal publications.

Modal Gallery

Gallery block modal gallery.

  • Subject guides
  • Law research and writing skills
  • Research skills

Law research and writing skills: Research skills

  • Getting started
  • Approaching law assignments This link opens in a new window
  • Legal problem solving This link opens in a new window
  • Note-taking This link opens in a new window
  • Writing legal essays This link opens in a new window
  • Writing case notes This link opens in a new window
  • Writing legal memos This link opens in a new window
  • Writing policy papers This link opens in a new window
  • Citing and referencing
  • Exam preparation This link opens in a new window
  • Juris Doctor
  • Graduate researchers
  • Learn HQ This link opens in a new window
  • Back to Law guide

Research Planning Worksheet

  • Research planning worksheet

This worksheet is designed to assist you with the steps needed to undertake legal research. You can add notes applicable to your own research.

Legal Dissertation: Research and Writing Guide

About this guide, video on choosing a topic, tools on westlaw, lexis and bloomberg, circuit splits, research methodologies, additional methodology resources, conducting a literature review, beginning research, writing style guides, citation guides, ask a librarian.

Ask a librarian:

Reference Hours:

Monday - Friday: 9am-5pm

(812) 855-2938

Q&A Form

About This Page

Choosing a topic can be one of the most challenging aspects of writing an extensive paper. This page has resources to help you find topics and inspiration, before you get started on the in-depth research process.

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied.

The Law Library maintains a number of other guides on related skills and topics that may be of interest:

The Wells Library also maintains guides. A few that may be helpful for managing research can be found here:

Choosing a Topic

This video discusses tips and strategies for choosing a dissertation topic.

Note: this video is not specific to legal dissertation topics, but it may still be of interest as an overview generally.

The Bloomberg/BNA publication United States Law Week can be a helpful resource for tracking down the major legal stories of the day.  Log into Bloomberg Law, in the big search box, start typing United States Law Week and the title will appear in the drop down menu beneath the box. This publication provides coverage of top legal news stories, and in-depth "insight" features.

If you have a general idea of the area of law you wish to write about, check out the Practice Centers on Bloomberg. From the homepage, click the Browse link in the top left-hand corner. Then select Practice Centers and look for your area of law. Practice Centers are helpful because they gather cases, statutes, administrative proceedings, news, and more on the selected legal area.

Bloomberg has other news sources available as well. From the homepage, click the Browse link in the top left-hand corner. Then select News and Analysis, then select News or Analysis, and browse the available topics.

If you know what area of law you'd like to write about, you may find the Browse Topics feature in Lexis Advance helpful for narrowing down your topic. 

Log into Lexis Advance, click the Browse Topics tab, and select a topic.  If you don't see your topic listed, try using the provided search bar to see whether your topic is categorized as a sub-topic within this list. 

Once you click on a topic, a box pops up with several options.  If you click on Get Topic Document, you'll see results listed in a number of categories, including Cases, Legislation, and more.  The News and Legal News categories at the right end of the list may help you identify current developments of interest for your note.  Don't forget about the filtering options on the left that will allow you to search within your results, narrow your jurisdiction, and more.

Similar to Lexis Advance, Westlaw Edge has a Topics tab that may be helpful if you know what area of law you'd like to write about.

Log onto Westlaw Edge, and click on the Topics tab.  This time, you won't be able to search within this list, so if you're area is not listed, you should either run a regular search from the main search bar at the top or try out some of the topics listed under this tab - once you click on a topic, you can search within its contents.

What is great about the Topics in Westlaw Edge is the Practitioner Insights page you access by clicking on a topic.  This is an information portal that allows you quick access to cases, legislation, top news, and more on your selected topic.

In United States federal courts, a circuit split occurs whenever two or more circuit courts of appeals issue conflicting rulings on the same legal question. Circuit splits are ripe for legal analysis and commentary because they present a situation in which federal law is being applied in different ways in different parts of the country, even if the underlying litigants themselves are otherwise similarly situated. The Supreme Court also frequently accepts cases on appeal that involve these types of conflicted rulings from various sister circuits.

To find a circuit split on a topic of interest to you, try searching on Lexis and Westlaw using this method:

in the search box, enter the following: (circuit or court w/s split) AND [insert terms or phrases to narrow the search]

You can also browse for circuit splits on Bloomberg. On the Bloomberg homepage, in the "Law School Success" box, Circuit Splits Charts appear listed under Secondary Sources.

Other sources for circuit splits are American Law Reports (ALR) and American Jurisprudence (AmJur). These publications provide summaries of the law, point out circuit splits, and provide references for further research.

"Blawgs" or law-related blogs are often written by scholars or practitioners in the legal field.  Ordinarily covering current events and developments in law, these posts can provide inspiration for note topics.  To help you find blawgs on a specific topic, consider perusing the ABA's Blawg Directory or Justia's Blawg Search .

Research Methodology

Types of research methodologies.

There are different types of research methodologies. Methodology refers to the strategy employed in conducting research. The following methodologies are some of the most commonly used in legal and social science research.

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations). The purpose of this method is to gather, organize, and describe the law; provide commentary on the sources used; then, identify and describe the underlying theme or system and how each source of law is connected.

Doctrinal methodology is good for areas of law that are largely black letter law, such as contract or property law. Under this approach, the researcher conducts a critical, qualitative analysis of legal materials to support a hypothesis. The researcher must identify specific legal rules, then discuss the legal meaning of the rule, its underlying principles, and decision-making under the rule (whether cases interpreting the rule fit together in a coherent system or not). The researcher must also identify ambiguities and criticisms of the law, and offer solutions. Sources of data in doctrinal research include the rule itself, cases generated under the rule, legislative history where applicable, and commentaries and literature on the rule.

This approach is beneficial by providing a solid structure for crafting a thesis, organizing the paper, and enabling a thorough definition and explanation of the rule. The drawbacks of this approach are that it may be too formalistic, and may lead to oversimplifying the legal doctrine.

Comparative

Comparative legal research methodology involves critical analysis of different bodies of law to examine how the outcome of a legal issue could be different under each set of laws. Comparisons could be made between different jurisdictions, such as comparing analysis of a legal issue under American law and the laws of another country, or researchers may conduct historical comparisons.

When using a comparative approach be sure to define the reasons for choosing this approach, and identify the benefits of comparing laws from different jurisdictions or time periods, such as finding common ground or determining best practices and solutions. The comparative method can be used by a researcher to better understand their home jurisdiction by analyzing how other jurisdictions handle the same issue. This method can also be used as a critical analytical tool to distinguish particular features of a law. The drawback of this method is that it can be difficult to find material from other jurisdictions. Also, researchers should be sure that the comparisons are relevant to the thesis and not just used for description.

This type of research uses data analysis to study legal systems. A detailed guide on empirical methods can be found here . The process of empirical research involves four steps: design the project, collect and code the data, analyze the data, determine best method of presenting the results. The first step, designing the project, is when researchers define their hypothesis and concepts in concrete terms that can be observed. Next, researchers must collect and code the data by determining the possible sources of information and available collection methods, and then putting the data into a format that can be analyzed. When researchers analyze the data, they are comparing the data to their hypothesis. If the overlap between the two is significant, then their hypothesis is confirmed, but if there is little to no overlap, then their hypothesis is incorrect. Analysis involves summarizing the data and drawing inferences. There are two types of statistical inference in empirical research, descriptive and causal. Descriptive inference is close to summary, but the researcher uses the known data from the sample to draw conclusions about the whole population. Causal inference is the difference between two descriptive inferences.

Two main types of empirical legal research are qualitative and quantitative.

Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

Qualitative, or non-numerical, empirical legal research involves extracting  information from the text of court documents, then interpreting and organizing the text into categories, and using that information to identify patterns.

Drafting The Methodology Section

This is the part of your paper that describes the research methodology, or methodologies if you used more than one. This section will contain a detailed description of how the research was conducted and why it was conducted in that way. First, draft an outline of what you must include in this section and gather the information needed.

Generally, a methodology section will contain the following:

  • Statement of research objectives
  • Reasons for the research methodology used
  • Description and rationale of the data collection tools, sampling techniques, and data sources used, including a description of how the data collection tools were administered
  • Discussion of the limitations
  • Discussion of the data analysis tools used

Be sure that you have clearly defined the reasoning behind the chosen methodology and sources.

  • Legal Reasoning, Research, and Writing for International Graduate Students Nadia E. Nedzel Aspen (2004) A guide to American legal research and the federal system, written for international students. Includes information on the research process, and tips for writing. Located in the Law Library, 3rd Floor: KF 240 .N43 2004.
  • Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Mark van Hoecke Oxford (2013) This book examines different methods of legal research including doctrinal, comparative, and interdisciplinary. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 235 .M476 2013. IU students may request item via IUCAT.
  • An Introduction to Empirical Legal Research Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014. IU students may request item via IUCAT.
  • Emplirical Legal Studies Blog The ELS blog was created by several law professors, and focuses on using empirical methods in legal research, theory, and scholarship. Search or browse the blog to find entries on methodology, data sources, software, and other tips and techniques.

Literature Review

The literature review provides an examination of existing pieces of research, and serves as a foundation for further research. It allows the researcher to critically evaluate existing scholarship and research practices, and puts the new thesis in context. When conducting a literature review, one should consider the following: who are the leading scholars in the subject area; what has been published on the subject; what factors or subtopics have these scholars identified as important for further examination; what research methods have others used; what were the pros and cons of using those methods; what other theories have been explored.

The literature review should include a description of coverage. The researcher should describe what material was selected and why, and how those selections are relevant to the thesis. Discuss what has been written on the topic and where the thesis fits in the context of existing scholarship. The researcher should evaluate the sources and methodologies used by other researchers, and describe how the thesis different.

The following video gives an overview of conducting a literature review.

Note: this video is not specific to legal literature, however it may be helpful as a general overview.

Not sure where to start? Here are a few suggestions for digging into sources once you have selected a topic.

Research Guides

Research guides are discovery tools, or gateways of information. They pull together lists of sources on a topic. Some guides even offer brief overviews and additional research steps specifically for that topic. Many law libraries offer guides on a variety of subjects. You can locate guides by visiting library websites, such as this Library's site , the Law Library of Congress , or other schools like Georgetown . Some organizations also compile research guides, such as the American Society of International Law . Utilizing a research guide on your topic to generate an introductory source list can save you valuable time.

Secondary Sources

It is often a good idea to begin research with secondary sources. These resources summarize, explain, and analyze the law. They also provide references to primary sources and other secondary sources. This saves you time and effort, and can help you quickly identify major themes under your topic and help you place your thesis in context.

Encyclopedias provide broad coverage of all areas of the law, but do not go in-depth on narrow topics, or discuss differences by jurisdiction, or  include all of the pertinent cases. American Jurisprudence ( AmJur ) and Corpus Juris Secundum ( CJS ) have nationwide coverage, while the Indiana Law Encyclopedia focuses on Indiana state law. A number of other states also have their own state-specific encyclopedias.

American Law Reports ( ALR ) are annotations that synopsize various cases on narrow legal topics. Each annotation covers a different topic, and provides a leading or typical case on the topic, plus cases from different jurisdictions that follow different rules, or cases where different facts applying the same rule led to different outcomes. The annotations also refer to other secondary sources.  

Legal periodicals include several different types of publications such as law reviews from academic institutions or organizations, bar journals, and commercial journals/newspapers/newsletters. Legal periodicals feature articles that describe the current state of the law and often explore underlying policies. They also critique laws, court decisions, and policies, and often advocate for changes. Articles also discuss emerging issues and notify the profession of new developments. Law reviews can be useful for in-depth coverage on narrow topics, and references to primary and other secondary sources. However, content can become outdated and researchers must be mindful of biases in articles. 

Treatises/Hornbooks/Practice Guides are a type of secondary source that provides comprehensive coverage of a legal subject. It could be broad, such as a treatise covering all of contract law, or very narrow such as a treatise focused only on search and seizure cases. These sources are good when you have some general background on the topic, but you need more in-depth coverage of the legal rules and policies. Treatises are generally well organized, and provide you with finding aids (index, table of contents, etc.) and extensive footnotes or endnotes that will lead you to primary sources like cases, statutes, and regulations. They may also include appendices with supporting material like forms. However, treatises may not be updated as frequently as other sources and may not cover your specific issue or jurisdiction.

Citation and Writing Style

  • Legal Writing in Plain English Bryan A. Garner University of Chicago Press, 2001. Call # KF 250 .G373 2001 Location: Law Library, 3rd Floor Provides lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this book offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. This guide uses real-life writing samples that Garner has gathered through decades of teaching experience. Includes sets of basic, intermediate, and advanced exercises in each section.
  • The Elements of Legal Style Bryan A. Garner Oxford University Press, 2002. Call # KF 250 .G37 2002 Location: Law Library, 1st Floor, Reference This book explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides examples from highly regarded legal writers, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
  • Grammarly Blog Blog featuring helpful information about quirks of the English language, for example when to use "affect" or "effect" and other tips. Use the search feature to locate an article relevant to your grammar query.
  • Plain English for Lawyers Richard C. Wydick Carolina Academic Press, 2005. Call # KF 250 .W9 2005 Location: Law Library, 3rd Floor Award-winning book that contains guidance to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. Includes exercises at the end of each chapter.
  • The Chicago Manual of Style University of Chicago Press, 2010. Call # Z 253 .U69 2010 Location: Law Library, 2nd Floor While not addressing legal writing specifically, The Chicago Manual of Style is one of the most widely used and respected style guides in the United States. It focuses on American English and deals with aspects of editorial practice, including grammar and usage, as well as document preparation and formatting.
  • The Chicago Manual of Style (Online) Bryan A. Garner and William S. Strong The University of Chicago Press, 2017. Online edition: use the link above to view record in IUCAT, then click the Access link (for IU students only).
  • The Bluebook Compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Harvard Law Review Association, 2015. Call # KF245 .B58 2015 Location: Law Library, 1st Floor, Circulation Desk The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. The Bluebook is taught and used at a majority of U.S. law schools, law reviews and journals, and used in a majority of U.S. federal courts.
  • User's Guide to the Bluebook Alan L. Dworsky William S. Hein & Co., Inc., 2015. Call # KF 245 .D853 2015 Location: Law Library, Circulation Desk "This User's Guide is written for practitioners (law students, law clerks, lawyers, legal secretaries and paralegals), and is designed to make the task of mastering citation form as easy and painless as possible. To help alleviate the obstacles faced when using proper citation form, this text is set up as a how-to manual with a step-by-step approach to learning the basic skills of citation and includes the numbers of the relevant Bluebook rules under most chapter subheadings for easy reference when more information is needed"--Provided by the publisher.
  • Legal Citation in a Nutshell Larry L. Teply West Academic Publishing, 2016. Call # KF 245 .T47 2016 Location: Law Library, 1st Floor, Circulation Desk This book is designed to ease the task of learning legal citation. It initially focuses on conventions that underlie all accepted forms and systems of legal citation. Building on that understanding and an explanation of the “process” of using citations in legal writing, the book then discusses and illustrates the basic rules.
  • Introduction to Basic Legal Citation (Online) Peter W. Martin Cornell Legal Information Institute, 2017. Free online resource. Includes a thorough review of the relevant rules of appellate practice of federal and state courts. It takes account of the latest edition of The Bluebook, published in 2015, and provides a correlation table between this free online citation guide and the Bluebook.
  • Last Updated: Oct 24, 2019 11:00 AM
  • URL: https://law.indiana.libguides.com/dissertationguide

The full article is available below.

You will also receive a follow-up email containing a link so you can come back to it later.

Law School Case Briefs: Your Ultimate Guide

Last Updated: Aug 28, 2024

article image

In U.S. law school, you’ll learn primarily by reviewing and discussing legal cases and opinions

Reviewing and analyzing a compilation of actual past legal cases and judicial opinions, or case law, is the primary manner of studying and learning law in U.S. law schools. This method of studying actual judicial opinions to learn legal rules and develop the ability to think like a lawyer is called the Case Method.

The actual compilation of past legal cases and opinions that you will use for a law school class is called a casebook. For many courses in law school, your casebook will be your only textbook. Case Briefs are simply a set of notes comprised of important points on each assigned case that you’ll use for class discussions.

The case brief is the end result of reading a case, re-reading it, taking it apart, and putting it back together again. In addition to being a useful tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation. With a few techniques in hand, you will be able to master the art of briefing cases to be well on your way to owning class discussions.

You’ll also pull some information from your case briefs into outlines you’ll use to ultimately prepare for mid-terms and finals.

researching and writing in law

Useful beyond law school class prep

Learning to create a good case brief is extremely helpful well beyond participating in class. When you begin outlining and prepping for finals, you’ll find it easier and faster to reference your more concise case briefs vs. re-reading cases for a refresher.

In the future, when a client’s case requires legal research, you’ll be able to quickly examine dozens of cases to locate and document what you need in an organized and efficient manner. Case briefing is a skill worth honing.

Techniques for briefing a case

There are many ways to brief a case. You should find the format that is most useful for your class and exam preparation. Often, a case is misread because the student fails to break it down into its essential elements. Here are the main elements that are helpful to include:

Briefly state the name of the case and its parties, what happened factually and procedurally leading to the controversy, and the judgment. This information is necessary because legal principles are defined by the situations in which they arise, and a fact is legally relevant if it had an impact on the case’s outcome.

For example, in a personal injury action arising from a car accident, the color of the parties’ cars seldom would be relevant to the case’s outcome. Similarly, if the plaintiff and defendant presented different versions of the facts, you should describe those differences that are relevant to the court’s consideration of the case.

Trial court

State the trial court’s judgment or decision in the case. Did the court decide in favor of the plaintiff or the defendant? What remedy, if any, did the court grant?

State the issue or issues raised on appeal. This is where you will describe the opinion you are briefing. In this section of the brief, state the factual and legal questions that the court had to decide. To analyze a case properly, you want to break it down to its component parts. Be sure to stick to the relevant issue or issues, because these are the ones for which the court made a final decision and which are binding.

In a sentence or two, state the legal principle or the applied rule of law on which the court relied to reach its answer (the holding).

Describe why the court arrived at its holding. This section of the case brief may be the most important, because you must understand the court’s reasoning to be able to analyze it and apply it to other situations — such as those you will see on the bar exam and in real life scenarios when you are a practicing attorney.

Objective theory

Concurring and dissenting opinions can present an interesting alternative analysis or theory of the case. Therefore, you should describe the analysis in your case briefs. It will help you see the case in a different light.

researching and writing in law

The do's of case briefing

Use a roadmap for reading assignments

Before you start reading assigned cases, look at the chapter headings and the table of contents in the casebook. These will tell you the topic to which the assigned cases relate, and where this topic fits in the overall course.

Keep a good law dictionary close

Legal terminology is a technical language with technical meanings. When a word is used that you don’t understand, or when a word is used in some unusual sense, stop and look it up. Try to use that word in your case briefs so you’ll better recall the context and its meaning later.

Create your own briefing system

Briefing cases is core to learning to “think like a lawyer”. Once mastered, you’ll be able to efficiently distill facts and reasoning of a case. Try a format of breaking down the essential elements: Facts, Trial Court, Issue, Rule, Rationale and Objective Theory.

Keep your briefs brief

Your case briefs are there to help you quickly recall the case in sufficient detail during class discussion and to integrate into your class notes and outlines later. Regurgitating the entire case is not helpful. Avoid copying citations. Simply try to capture the gist of the facts and the court’s reasoning in just a few words.

Come to class prepared

You will be expected to come to class prepared to discuss assigned cases. That means learning how to read and brief those cases as efficiently as possible. You may not brief every case in every class throughout law school. Definitely brief cases until you’re good at it, which for most students means throughout 1L year.

Build case briefing time into your study routine

Time is a hot commodity in law school, and efficiency is key. Establishing a study routine that incorporates time to write case briefs will ensure that you prepare well for class and exams, from the very beginning. Briefing your cases throughout the year will ensure you are not only working hard but also smarter.

researching and writing in law

The don'ts of case briefing

Skip out on reading the actual case

Some law students attempt to save time by reading only a third-party case brief or another student’s hand-me-down outlines. While these can be helpful supplements, reading and analyzing the case is key to truly understanding and applying the information you are learning to other situations. This is what it means to think like a lawyer. Your professor also knows this is occurring and will change the question to things he or she knows are not in the case briefs.

Rely solely on book briefing

Book briefing, or simply highlighting information in different colors in your casebook, will not hardwire the material into your mind. Case briefs will. When you are just starting out, it will be difficult to understand and remember what you previously read without taking notes in some organized fashion — the final step of writing out a brief.

Copy holdings verbatim from the case

It’s important to state the holding (judgement in a case) in your own words as you brief. By doing so, you are more apt to fully understand the legal principles better and memorize them more easily.

Worry if your case briefs aren’t perfect

Most professors will promote the value of briefing but will never actually ask to see that you have, in fact, briefed. Remember, you are the person that the brief will serve, and briefing is a skill you will develop as you become more comfortable reading cases.

Unlock the Full Article

Tell us a little about yourself and your goals to display the full article and gain access to more resources relevant to your needs.

Interesting in reading more? Fill out the form to read the full article.

researching and writing in law

Home » Opportunities & Events » Fests, MUNs and Other Competitions » LawQuest: Essay, Case Commentary and Blog Writing Competition by Kirit P. Mehta School of Law [Online; Cash Prizes Upto Rs. 6k]: Register by Oct 5!

LawQuest: Essay, Case Commentary and Blog Writing Competition by Kirit P. Mehta School of Law [Online; Cash Prizes Upto Rs. 6k]: Register by Oct 5!

  • Aditya Aryan
  • Sep 16, 2024
  • No Comments

Registrations are invited for an Essay, Case Commentary and Blog Writing Competition by Kirit P. Mehta School of Law. Register by Oct 5!

About NMIMS Kirit P. Mehta School of Law

NMIMS Kirit P. Mehta School of Law (KPMSOL), Mumbai that is a part of the SVKM group of schools and colleges under the NMIMS (deemed to be university) in Mumbai has been approved by the Bar Council of India in the year 2013 which is also its year of establishment. School of Law inculcates and nourishes all the professional virtues in a well calculated and planned manner, without undermining the ‘societal values’.

Kirit P. Mehta School of Law, NMIMS aims to refine students’ competency by engaging them in curricular and extra-curricular activities. Qualified faculties and support staff assist learners to easily integrate into the course and participate in events. The School of Law engages in case study model and class-debate methods as its chief teaching pedagogy.

About Centre for Research and Conferences

The Centre for Research and Conferences (earlier known as Centre for Excellence) of NMIMS Kirit P. Mehta School of Law, Mumbai, was established as the Centre for Legal Research and Application, in 2018. The Centre for Research and Conferences aims to significantly enhance legal research and development, through its integration with allied disciplines, and through extensive exploration of contemporary developments in the law.

It is the sole committee responsible for overseeing the publications in KPMSOL and is the exclusive body dedicated to research. The Centre for Research and Conferences engages in a discourse between various stakeholders to interact and exchange ideas pertaining to legal academia and undertakes a comprehensive examination and critical analysis of governmental institutions, executive powers, legal policies, and judicial guidelines.

It endeavors to promote effective ideation and provision of a platform to formulate unconventional and pioneering recommendations to various policy-making institutions for making existing legal provisions more humane and functional. Committed to fostering a culture of rigorous research and scholarly excellence, the CRC plays a central role in organising a broad spectrum of research seminars, webinars, and conferences that engage both national and international audiences.

About Lawquest

CRC is back with another event after completion of many successful events. We are ready to dive deep into the world of Legal Research and Publications. CRC is providing a platform for sharing and disseminating research findings and knowledge, to allow researchers to gain recognition and feedback from their peers and experts in the field.

This exciting competition is designed to promote intellectual exploration and scholarly writing while providing a platform for individuals to express their thoughts and insights on a variety of topics. The competition further aims at facilitating networking and collaboration among researchers, both within and outside the university. Participating in such competitions on Important Legal Areas would help students to learn and grow in the Legal Field.

Themes & Subthemes

Essay writing, theme i: privacy and technology.

  • Data Privacy and Security
  • Online Freedom and Expression
  • Emerging Technologies and the Law

Theme II: Criminal Law and Its Impact On Society

  • Same Sex Marriage and Legal Evolution
  • Capital Punishment and Death Penalty
  • Defamation and its legal implications

Theme III: Personal Laws in India

  • Uniform Civil Code
  • Domestic violence and protection order
  • Live-in Relationship

Theme IV: Environmental Policies and International Agreement

  • The Role of the International Court of Justice (ICJ) in Environmental Disputes
  • Comparative Analysis of Environmental Law Approaches:
  • European Union vs. United States
  • Compliance and Enforcement Mechanisms in International Environmental Agreements
  • The Impact of Artificial Intelligence on Data Privacy
  • Data Breaches in the Digital Age: Causes, Consequences, and Prevention
  • The Role of Encryption in Protecting Privacy in Digital Communications
  • The Role of Criminal Law in Curbing Gender-Based Violence 

Mahindra University

  • The Impact of Criminal Law Reforms on Social Justice
  • Juvenile Justice: Balancing Rehabilitation and Punishment
  • The Debate Over the Uniform Civil Code in India 
  • Women’s Rights and Personal Laws in India 
  • Live-In Relationships and Their Legal Status Under Personal Laws

Theme IV: Environmental Policies and International Agreements

  • The Evolution of International Environmental Law: From Stockholm to Paris
  • The Role of International Environmental Agreements in Addressing Climate Change
  • The Influence of Trade Agreements on Environmental Protection

Case Commentaries

  • Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017)
  • Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González
  • (2014) Carpenter v. United States (2018)

Theme II: Criminal Law and It’s Impact On Society

  • Nirbhaya Case (Mukesh & Anr vs. State for NCT of Delhi & Ors., 2020)
  • Arnesh Kumar vs. State of Bihar (2014)
  • Vishaka vs. State of Rajasthan (1997)
  • Shah Bano Case (Mohd. Ahmed Khan v. Shah Bano Begum (1985)
  • Sarla Mudgal v. Union of India (1995)
  • Danial Latifi v. Union of India (2001)
  • Saramaka People v Suriname 172, THRL 3046 (LACHR 2007)
  • d Claude-Reyes et al v Chile ser. C No. 151
  • Bear Creek Mining Corporation v Republic of Peru ICSID Case No. ARB/14/21

Timelines of the Event

  • 15th September 2024 : Registration Opens
  • 5th October 2024: Registration Close
  • 1st October 2024: Submission Window Opens
  • 14th October 2024: Submission Window Closes
  • 25th October 2024: Declaration of Results

Mode of Event

The event will be held in online mode.

Fee Payment

Those who are seeking to participate in competition shall have to pay a fee (Inclusive of GST) on the following basis:

Individual Authorship

  • For 1 event- Rs 199
  • For 2 events- Rs 279
  • For 3 events- Rs 349

Co-authorship

  • For 1 event- Rs 279
  • For 2 events- Rs 349
  • For 3 events- Rs 399

Eligibility to participate in the competition is subject to successful payment of the registration fee.

Payment of the Registration fees can be done via the below mentioned Registration link.

Registrations

Participants are required to register for the event using the link mentioned at the end of this post.

Submissions

Participants are required to send their Essay/blog/case commentary in word doc. format with the subject “Essay/ blog/ case commentary submission- Name of the participant” attached to the Google form provided at the end of this post.

Submission Guidelines

  • Original writings relevant to the subject of the themes other than the one mentioned are also welcome.
  • Names of author
  • Name of the College/University
  • Email address and contact number
  • Sub-theme under which submission is made
  • Essay writing – 2000 to 5000 exclusive of footnotes
  • Blog writing – 500 to 1500 exclusive of footnotes
  • Case commentary- 1500 to 3000 exclusive of footnotes
  • Plagiarism is strictly prohibited, and AI-generated content must not exceed 15% of the total submission.
  • Font Type: Times New Roman , Font Size: 12 pts , Line spacing:
  • 1.5  Footnotes: Font size: 10 pts Margin to be 1 inch on all sides. 
  • Follow the Bluebook; A Uniform System Citation (21st Edition) for footnoting. 
  • The submission document should be named “yourname_essay/case/blog_topic.” 
  • If participants want to revise their submission, they should submit it again, appending a number to the end to indicate the revision. For example: “yourname_essay_2.”
  • CRC reserves the right to disqualify any participant at any time, at its sole discretion. In such cases, no refund will be provided.

Eligibility

All individuals are eligible to participate.

  • WINNER – Rs 3000 /- along with publication and internship opportunity for each
  • 1st Runner Up – Rs 2000 /- along with publication and internship opportunity for each
  • 2nd Runner Up – Rs 1000 /- along with publication and internship opportunity for each
  • Ist to 3rd position winners to get the opportunity to participate in further events by CRC free of charge (valid till 2025).
  • Certificate/ E-Certificate will be provided to every Participant.  
  • Certificate of Merit will be provided to the top 15 papers in each segment along with publication opportunities.

Contact Information

  • Email: [email protected] 
  • Aadi Menezes: +91 74000 39999
  • Deyaan Cupala: +91 84600 60269
  • Sanya Khera: +91 9873961700

Click here to register.

Click here to submit your entries., click here for the official notification., click here for the payment guidelines..

Disclaimer: WEF April, 2021, Lawctopus will not publish any 'Call for Papers/Blogs' by journals that charge money at the time of submission. If you find any journal doing so, please intimate us at tanuj.kalia[at]lawctopus.com

Lawctopus Law School

Join Our WhatsApp Channel for Opportunity Updates

Get Daily Updates

researching and writing in law

Join our Telegram Channel for Opportunity Updates

researching and writing in law

Get an Internship

Add a Comment Cancel reply

Your email address will not be published. Required fields are marked *

Advertisement

Symbiosis Law Admission Test (SLAT)

Congratulations! 🎉

Use this coupon inside the Lawctopus app to activate your 3 months’ free premium subscription.

researching and writing in law

🎦 5-Days Training Program on Contract Drafting

For Advertisements on Lawctopus

For Lawctopus Law School

researching and writing in law

Download our eBook on

Get An Internship

Researching and Writing in Law Fourth Edition - eBook

Researching and Writing in Law Fourth Edition - eBook

eBook - ProView

$143.00* RRP

Date: 24/04/2018

Code: 9780455237817

Lawbook Co., AUSTRALIA

Description

Table of contents, available formats.

Format Title Date Code Price
Book 07/03/2018 9780455237800 $143.00
Book+eBook 23/04/2018 41936999 $186.00
eBook - ProView 24/04/2018 9780455237817 $143.00

Having the ability to produce independent research is crucially important at the postgraduate level. Producing a quality research paper requires advanced skills in conceptualising the project, identifying a pertinent methodology, project planning, analysis and synthesis of ideas from the literature, together with good writing skills. This 4 th edition outlines the 12 main steps in this process. These steps constitute a guide for those students embarking on higher degree research. There are more extensive segments on research ethics, including plagiarism and originality, the importance of developing skills in critique, project management, literature reviews, and reading skills.The material in each chapter is designed to assist you to complete a quality project. 

Researching and Writing in Law , 4th edition includes an updated legal research guide. It maps the developments that have occurred, and provides keys to the fundamental electronic sources of legal research, as well as exploring traditional doctrinal methodologies. Included in this edition are extensive checklists for locating and validating the law in Australia, England, Canada, the United States, and New Zealand. Legal research in the twenty first century is more likely to be interdisciplinary and multi-jurisdictional. The inclusion of research checklists for several international jurisdictions, such as the European Union China and India, serves to acknowledge our reliance on broader international and comparative perspectives in pursuing research in the current century.

Law students and members of the practising profession aiming to update their research, knowledge and skills will find Researching and Writing in Law, 4th edition invaluable.

You Might Also Like

researching and writing in law

eBook - ProView

researching and writing in law

Part I Formulating and Writing Your Legal Research Project

1. Setting the Scene: Research and Writin in Context

2. Research Ethics and Project Management

3. Standard Doctrinal Research Methodologies

4. Additional Legal Research Frameworks

5. Basic Electronic Research Techniques

6. Social Science Methodologies for Lawyers

7. Formulating a Research Topic

8. Refining the Topic and Writing the Research Proposal

9. Reviewing the Literature: Reading and Critique

10. Legal Writing

Part II Checklists for Locating and Validating the Law

Checklist 1 - General: How do you find

Checklist 2 - Australia

Checklist 3 - Australian Capital Territory

Checklist 4 - New South Wales

Checklist 5 - Northern Territory

Checklist 6 - Queensland

Checklist 7 - South Australia

Checklist 8 - Tasmania

Checklist 9 - Victoria

Checklist 10 - Western Australia

Checklist 11 - United Kingdom

Checklist 12  - Canada

Checklist 13 - United States

Checklist 14 - European Union

Checklist 15 - New Zealand

Checklist 16 - India

Checklist 17 - China

eBooks and packages including an eBook may not be returned once the software key has been supplied. Your rights as a customer to access and use the ProView™ software and a ProView eBook are subject to acceptance of the  ProView content licence agreement .

An email with a registration key and instructions for accessing your eBook will be sent after checkout. For existing ProView users the eBook will appear in your library after checkout.

Forthcoming/pre-order eBooks will be available after the publication date.

The ProView app is not currently available on Kindle.  See the latest system requirements

Got a Promo Code?

Related categories.

researching and writing in law

researching and writing in law

  International Journal of Applied Technologies in Library and Information Management Journal / International Journal of Applied Technologies in Library and Information Management / Vol. 6 No. 3 (2020) / Articles (function() { function async_load(){ var s = document.createElement('script'); s.type = 'text/javascript'; s.async = true; var theUrl = 'https://www.journalquality.info/journalquality/ratings/2409-www-ajol-info-jatlimi'; s.src = theUrl + ( theUrl.indexOf("?") >= 0 ? "&" : "?") + 'ref=' + encodeURIComponent(window.location.href); var embedder = document.getElementById('jpps-embedder-ajol-jatlimi'); embedder.parentNode.insertBefore(s, embedder); } if (window.attachEvent) window.attachEvent('onload', async_load); else window.addEventListener('load', async_load, false); })();  

Article sidebar.

Open Access

Article Details

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License .

Main Article Content

Utilization of legal information resources by postgraduate law students in ict era: the case study of federal universities of northern nigeria, hadiza umar, auwaludansale yahaya.

The paper investigated the utilization of legal information  resources by postgraduate law students in federal universities of northern  Nigeria. The study was based on the perceived problem of scanty literature on the utilization of legal information resources in faculty of  law libraries by postgraduate law students. The study employed quantitative research method using cross-sectional survey research  design. The population of the study comprised of one thousand three hundred eight (1,348) registered postgraduate law students (those  who have registered for 2016/17 academic session)in the seven faculties of law of the universities studied. Simple random sampling  equation (SRS-Equation) was used to calculate the sample size as recommended by Research Advisers (2006) which consists of (308)  postgraduate law students. A total number of 308 copies of questionnaire were administered, and 271 were returned and found useful.  Data collected was analyzed using descriptive statistics using frequencies and percentages. The findings of the study revealed that:the postgraduate law students purposes of utilizing legal information resources in the libraries studied arewriting assignments and  presentations, writing projects dissertations or theses, for teaching and for legal and non legal researches; the postgraduate law  students frequently utilize all the printed legal information resources in their libraries. But electronic resources and online legal databases are found not frequently utilized. The study conclude that postgraduate law students in federal universities of northern  Nigeria are yet to fully enjoy the vast electronic legal information resources, and this could significantly affect the quality of legal  researches and academic excellence in legal profession. Among the recommendations of the study include the University Librarians and  Deans of the institutions under study should solicit other means of funding law library activities so as to improve on the utilization of  types information resources especially those in electronic formats. 

AJOL is a Non Profit Organisation that cannot function without donations. AJOL and the millions of African and international researchers who rely on our free services are deeply grateful for your contribution. AJOL is annually audited and was also independently assessed in 2019 by E&Y.

Your donation is guaranteed to directly contribute to Africans sharing their research output with a global readership.

  • For annual AJOL Supporter contributions, please view our Supporters page.

Journal Identifiers

researching and writing in law

RELEASE: REPS. KHANNA, TENNEY, AND FITZGERALD INTRODUCE BIPARTISAN BILL TO EXPAND AUTISM RESEARCH FOR WOMEN AND GIRLS

Washington, DC – Today, Representative Ro Khanna (CA-17), Claudia Tenney (NY-24), Brian Fitzpatrick (PA-1) introduced the bipartisan Supporting Peer-Led Efforts to Conduct Thoughtful Research and Understand the Modalities of Autism in Women and Girls (SPECTRUM) Act to support autism research for women and girls. 

For decades, diagnostic rates of Autism Spectrum Disorder (ASD) indicated that men and boys experienced ASD at four times the rate of women and girls. However, more recent research tells a much different story: rates of ASD are just as high in women, and  as many as 80%  of autistic women remain undiagnosed at the age of 18. This legislation will direct the National Science Foundation to issue peer-led and participatory research grants to allow autistic women, as well as researchers in consultation with autistic women, to study and conduct research on gendered characteristics.

“As we continue to advance our understanding of ASD, it is crucial that the voices of those impacted are at the forefront. Women’s experiences have been excluded from Autism research for too long and as a result, very little is known about the experiences of autism in women and girls. I’m proud to lead this bipartisan legislation to ensure that women and girls are included in critical research,”  said Rep. Ro Khanna. 

For the full text of the bill, click here . 

  • Skip to Guides Search
  • Skip to breadcrumb
  • Skip to main content
  • Skip to footer
  • Skip to chat link
  • Report accessibility issues and get help
  • Go to Penn Libraries Home
  • Go to Franklin catalog

Talking to Science Deniers: Critical Writing Program Fall 2024: Researching the White Paper

  • Getting started
  • News and Opinion Sites
  • Academic Sources
  • Grey Literature
  • Substantive News Sources
  • What to Do When You Are Stuck
  • Understanding a citation
  • Examples of Quotation
  • Examples of Paraphrase
  • Chicago Manual of Style: Citing Images
  • Researching the Op-Ed
  • Researching Prospective Employers
  • Resume Resources
  • Cover Letter Resources

Research the White Paper

Researching the white paper:.

The process of researching and composing a white paper shares some similarities with the kind of research and writing one does for a high school or college research paper. What’s important for writers of white papers to grasp, however, is how much this genre differs from a research paper.  First, the author of a white paper already recognizes that there is a problem to be solved, a decision to be made, and the job of the author is to provide readers with substantive information to help them make some kind of decision--which may include a decision to do more research because major gaps remain. 

Thus, a white paper author would not “brainstorm” a topic. Instead, the white paper author would get busy figuring out how the problem is defined by those who are experiencing it as a problem. Typically that research begins in popular culture--social media, surveys, interviews, newspapers. Once the author has a handle on how the problem is being defined and experienced, its history and its impact, what people in the trenches believe might be the best or worst ways of addressing it, the author then will turn to academic scholarship as well as “grey” literature (more about that later).  Unlike a school research paper, the author does not set out to argue for or against a particular position, and then devote the majority of effort to finding sources to support the selected position.  Instead, the author sets out in good faith to do as much fact-finding as possible, and thus research is likely to present multiple, conflicting, and overlapping perspectives. When people research out of a genuine desire to understand and solve a problem, they listen to every source that may offer helpful information. They will thus have to do much more analysis, synthesis, and sorting of that information, which will often not fall neatly into a “pro” or “con” camp:  Solution A may, for example, solve one part of the problem but exacerbate another part of the problem. Solution C may sound like what everyone wants, but what if it’s built on a set of data that have been criticized by another reliable source?  And so it goes. 

For example, if you are trying to write a white paper on the opioid crisis, you may focus on the value of  providing free, sterilized needles--which do indeed reduce disease, and also provide an opportunity for the health care provider distributing them to offer addiction treatment to the user. However, the free needles are sometimes discarded on the ground, posing a danger to others; or they may be shared; or they may encourage more drug usage. All of those things can be true at once; a reader will want to know about all of these considerations in order to make an informed decision. That is the challenging job of the white paper author.     
 The research you do for your white paper will require that you identify a specific problem, seek popular culture sources to help define the problem, its history, its significance and impact for people affected by it.  You will then delve into academic and grey literature to learn about the way scholars and others with professional expertise answer these same questions. In this way, you will create creating a layered, complex portrait that provides readers with a substantive exploration useful for deliberating and decision-making. You will also likely need to find or create images, including tables, figures, illustrations or photographs, and you will document all of your sources. 

Nick Okrent

Profile Photo

Connect to a Librarian Live Chat or "Ask a Question"

  • Librarians staff live chat from 9-5 Monday through Friday . You can also text to chat: 215-543-7674
  • You can submit a question 24 hours a day and we aim to respond within 24 hours 
  • You can click the "Schedule Appointment" button above in librarian's profile box (to the left), to schedule a consultation with her in person or by video conference.  
  • You can also make an appointment with a  Librarian by subject specialization . 
  • Connect by email with a subject librarian

Find more easy contacts at our Quick Start Guide

  • Next: Getting started >>
  • Last Updated: Sep 16, 2024 8:46 AM
  • URL: https://guides.library.upenn.edu/c.php?g=1424859

COMMENTS

  1. Researching and Writing in Law Fourth Edition

    The revolution in legal research provides exciting challenges for those exploring and writing about the legal landscape. Researching and Writing in Law, 4th Edition is an updated research guide, mapping the developments that have taken place and providing the keys to the fundamental electronic sources of legal research, as well as exploring traditional doctrinal methodologies.

  2. PDF Guide to Legal Research and Writing

    gal research, analysis and writing. The guide is divided into 5 parts; Part I covers the basics of legal research, Part II intends to cover the basics of legal writing, Part III briefly highlights and explains the essential characteristics of different forms of legal writing, Part IV relates to referencing and finally, Part V mentions som.

  3. Researching and Writing in Law

    The revolution in legal research provides exciting challenges for those exploring and writing about the legal landscape. Cumbersome paper sources have largely been replaced by electronic files and a new range of skills and sources are required to successfully conduct legal research. Researching and Writing in Law, 3rd Edition is an updated research guide, mapping the developments that have ...

  4. Researching and Writing in Law

    The revolution in legal research provides exciting challenges for those exploring and writing about the legal landscape.Researching and Writing in Law, 4th Edition is an updated research guide, mapping the developments that have taken place and providing the keys to the fundamental electronic sources of legal research, as well as exploring traditional doctrinal methodologies.

  5. Legal Research Strategy

    About This Guide. This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

  6. Legal Writing I & II: Legal Research and Writing & Introduction to

    Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice contains a brief discussion of all of the topics covered in a law school courses on legal writing, including a typical first semester course on legal research, analysis and writing an objective memorandum, as well as a second semester course on persuasion and writing an appellate brief, motion to ...

  7. Researching and Writing in Law

    Researching and Writing in Law. Terry C. M. Hutchinson. Lawbook Company, 2002 - Law - 383 pages. A revolution in legal research in the last 25 years has resulted in cumbersome paper sources being largely replaced by electronic files. This new research title maps the developments that have taken place and provides the keys to the fundamental ...

  8. Researching and writing in law (4th edition)

    Researching and Writing in Law, 4th Edition is an updated research guide, mapping the developments that have taken place and providing the keys to the fundamental electronic sources of legal research, as well as exploring traditional doctrinal methodologies. Included in this edition are extensive checklists for locating and validating the law ...

  9. Legal research: 3-step how-to guide

    1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience. 2. There's too much to research. Attorneys now face a great deal of case law and statutory material.

  10. Legal Research and Writing: Essential Skills for ...

    Legal writing is crucial for effectively communicating legal analysis and arguments. It is the medium through which a lawyer or law student expresses their understanding of legal issues and their ability to argue cases or provide legal opinions. Clarity, precision, and persuasiveness in legal writing directly impact legal arguments ...

  11. First-Year Legal Research and Writing Program

    The First-Year Legal Research and Writing Program (LRW) is a series of sequenced, interrelated exercises introducing students to the way lawyers conduct legal research, analyze and frame legal positions, and present their work in writing and in oral argument. The course includes weekly meetings led by Climenko Fellows, library staff, and upper class teaching assistants. […]

  12. Researching and writing in law / by Terry Hutchinson

    Researching and Writing in Law, 4th Edition includes an updated legal research guide. It maps the developments that have occured and provides keys to the fundamental electronic sources of legal research, as well as exploring traditional doctrinal methodologies. Included in this edition are extensive checklists for locating and validating the ...

  13. Legal Research Basics: A Step-By-Step Guide to Brushing Up ...

    Step 1: Record the Facts of Your Case and Create a Research Plan. Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case.

  14. Course Overview

    Course Overview. 1 North Griswold Hall. 1525 Massachusetts Avenue. , MA 02138. [email protected]. Before you begin your studies in the First-Year Legal Research and Writing Program (LRW), it will help you to situate the course in the broader context of your legal education and your future law practice. To follow is a brief overview of the ...

  15. Legal Research and Writing: Key Skills for Law School and Beyond

    Law school writing and research courses are an excellent starting point and provide tools to build one's skills. Additionally, the legal research and writing sections of law library websites can be an excellent resource for researching specific topics and gaining access to legal databases. Respectfully, law firms may offer legal writing ...

  16. Legal Research and Writing

    Legal Research and Writing. Legal writing refers generally to the analysis of fact patterns and presentation of arguments in legal memos and briefs. The vast majority of legal internships and permanent positions will require the deployment of legal writing skills. Those working in settings where client-based or impact litigation are the ...

  17. Law research and writing skills: Research skills

    The type of legal research conducted by law students facing legal problem-solving exercises is often referred to as doctrinal research. This involves identifying the relevant law and applying it to the facts of a problem before you. ... Researching and Writing in Law by Terry C. M. Hutchinson. Call Number: ebook. ISBN: 9780455226781 ...

  18. Researching and Writing in Law

    The revolution in legal research provides exciting challenges for those exploring and writing about the legal landscape. Cumbersome paper sources have largely been replaced by electronic files and a new range of skills and sources are required to successfully conduct legal research. "Researching and Writing the Law, 2nd Edition" is an updated research guide, mapping the developments that have ...

  19. Legal Dissertation: Research and Writing Guide

    This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied. The Law Library maintains a number of other ...

  20. Law School Case Briefs: Your Ultimate Guide

    Time is a hot commodity in law school, and efficiency is key. Establishing a study routine that incorporates time to write case briefs will ensure that you prepare well for class and exams, from the very beginning. Briefing your cases throughout the year will ensure you are not only working hard but also smarter. The don'ts of case briefing

  21. LawQuest: Essay, Case Commentary and Blog Writing Competition

    The School of Law engages in case study model and class-debate methods as its chief teaching pedagogy. About Centre for Research and Conferences. The Centre for Research and Conferences (earlier known as Centre for Excellence) of NMIMS Kirit P. Mehta School of Law, Mumbai, was established as the Centre for Legal Research and Application, in 2018.

  22. Researching the White Paper

    Researching the White Paper: The process of researching and composing a white paper shares some similarities with the kind of research and writing one does for a high school or college research paper. What's important for writers of white papers to grasp, however, is how much this genre differs from a research paper. ...

  23. Researching and Writing in Law Fourth Edition

    Researching and Writing in Law, 4th edition includes an updated legal research guide. It maps the developments that have occurred, and provides keys to the fundamental electronic sources of legal research, as well as exploring traditional doctrinal methodologies. Included in this edition are extensive checklists for locating and validating the ...

  24. Utilization of Legal Information Resources by Postgraduate Law Students

    The paper investigated the utilization of legal information resources by postgraduate law students in federal universities of northern Nigeria. The study was based on the perceived problem of scanty literature on the utilization of legal information resources in faculty of law libraries by postgraduate law students. The study employed quantitative research method using cross-sectional survey ...

  25. Searching for metacognitive generalities: Areas of convergence in

    What aspects of writing are doctoral students metacognitive about when they write research articles for publication? Contributing to the recent conversation about metacognition in genre pedagogy, this study adopts a qualitative approach to illustrate what students have in common, across disciplines and levels of expertise, and the dynamic interplay of genre knowledge and metacognition in ...

  26. Release: Reps. Khanna, Tenney, and Fitzgerald Introduce Bipartisan Bill

    However, more recent research tells a much different story: rates of ASD are just as high in women, and as many as 80% of autistic women remain undiagnosed at the age of 18. This legislation will direct the National Science Foundation to issue peer-led and participatory research grants to allow autistic women, as well as researchers in ...

  27. Yolanda Adams is still in the blessing business with 'Sunny ...

    Yolanda Adams' 15-track project features writing and production from Jimmy Jam and Terry Lewis, and gospel giant Donald Lawrence. ... TikTok heads to court over US law that could lead to a ban on ...

  28. Talking to Science Deniers: Critical Writing Program Fall 2024

    Researching the White Paper: The process of researching and composing a white paper shares some similarities with the kind of research and writing one does for a high school or college research paper. What's important for writers of white papers to grasp, however, is how much this genre differs from a research paper. ...