Legal Research, Writing, and Analysis Episode Two: Finding the Law

Citations : Legal Research References with Active Hyperlinks

https://legal.thomsonreuters.com
Explains primary and secondary legal sources and the role of AI in research.

https://www.onelegal.com
A guide for paralegals detailing research sources and validation methods.

https://www.leg.state.fl.us
Florida’s official statutes and constitution site for legislative and case law.

https://en.wikipedia.org/wiki/Hornbook_(law)
Defines a hornbook as a concise, one-volume legal treatise.

https://en.wikipedia.org/wiki/Shepard%27s_Citations
Describes Shepard’s Citations, a system for validating legal authorities.

https://www.lawfina.com
Covers legal research fundamentals including keyword logic and filters.

https://libguides.law.berkeley.edu
Berkeley Law’s 1L research guide on research steps and case expansion.

This conversation delves into the essential skills and methods for effective legal research, focusing on the distinction between primary and secondary sources, the importance of understanding legal authority, and the techniques for statutory interpretation. It emphasizes the need for law students to master these concepts to navigate the complexities of legal practice and prepare for exams like the bar.

In the world of law, finding the right legal precedent can feel like searching for a needle in a haystack. But with the right tools and strategies, you can transform this daunting task into a manageable process. This blog post will guide you through the essentials of legal research, focusing on the hierarchy of authority and the use of secondary sources as your map to the treasure of primary law.

Introduction: The Quest for Legal Clarity Imagine embarking on a quest through a labyrinth of legal information. Constitutions, statutes, regulations, and centuries of court decisions weave a complex web of rules. How do you find that one specific thread you need? With the right map and tools, you can navigate this labyrinth effectively.

The Map: Secondary Sources Secondary sources are your travel guide in the legal world. They explain, analyze, and organize the law for you. Legal encyclopedias provide a broad overview, while treatises offer deep analysis from top experts. Restatements summarize common law, providing credible insights. Start broad with an encyclopedia, then dive into a treatise for expert analysis.

The Treasure: Primary Sources Primary sources are the binding rules from courts or legislatures. They are the treasure you seek. Secondary sources point you to these primary laws, providing citations as exact coordinates on your treasure map. Use them to find the key primary sources, then pivot to reading, analyzing, and citing those sources directly.

Mastering Authority: Mandatory vs. Persuasive Understanding the difference between mandatory and persuasive authority is crucial. Mandatory authority is law that a court must follow, like a decision from a higher court in its jurisdiction. Persuasive authority, on the other hand, is everything else. A court might find it convincing but is not required to follow it.

The Tools: Modern Legal Research Today, legal research is primarily digital, relying on powerful databases like Westlaw and LexisNexis. These platforms offer vast libraries of primary and secondary sources, along with citator tools like Keysight and Shepard's for validation. Mastering Boolean searches and understanding statutory interpretation are key skills for effective research.

Embrace the Detective Role As a legal researcher, your role is to find the controlling piece of primary authority hidden in plain sight. Use your secondary source map wisely, master the hierarchy, validate everything with citators, and dive deep into primary authority. Keep digging, keep questioning, and happy researching.

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legal research, primary sources, statutory interpretation, legal authority, law students, bar exam, legal analysis, legal tools