Legal Research in a Nutshell by
Finding and using legal resources effectively is an essential skill for lawyers. This comprehensive but succinct guide covers research procedures using major online services, free Internet resources, and library materials. Several hundred websites are discussed and placed in context for effective and productive use in research. Discussion includes coverage of legislative history, administrative law, specialized and interdisciplinary resources, and research in international and comparative law. Appendices list state research guides and treatises and services by subject, and a companion website has a regularly updated list of URLs and illustrations of online and print resources. For more information and additional teaching materials, visit the companion site.
The Process of Legal Research by
The Process of Legal Research: Practices and Resources, Ninth Edition; melds a rich discussion of legal authorities with a presentation of strategic processes for researching using the vast array of resources now available to the legal researcher. Covering sources from dictionaries to international and tribal law, and presenting and repeatedly demonstrating ten practices that distinguish skilled researchers, the book zeroes in on current, credible, cost-efficient options for each type of legal authority. To maximize students' comprehension, the chapters conclude with a research scenario paired with questions for guided practice as well as a theoretical question to prompt class discussion. Key Features of the New Edition: New chapter discussing ten practices of skilled researchers, including choosing resources with care, piggy-backing on other's work, and managing your information file--which echo through remaining chapters "Test Your Knowledge" questions (with answers provided) to test student acquisition of key concepts "Put It Into Practice" feature placing guided practice exercise directly in book itself, rather than on website Reflection of dramatic shifts in resources, e.g., presentation of print digests and reporters as background material; more focus on free web sources such as Office of Law Revision Counsel United States Code Online, Google Scholar for cases research, Congress.gov; more coverage of lost-cost commercial resources CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
(a) Analyze the facts of your problem or situation to ascertain what topics you need to research.
(b) Use dictionaries (such as Black’s Law Dictionary), thesauri or other secondary sources such as a legal encyclopedia to clarify the meaning of terms or concepts generated from analysis of the problem at hand.
(i) Generating an accurate set of terms or vocabulary will help you search within the relevant sources.
(ii) Within your search problem or factual situation, there are several sources for key terms:
1) Persons and parties (e.g. individuals, corporations, public entities, etc)
2) Item or subject matter that is the heart of the matter (e.g. injury, property, personal rights, etc)
3) Timing and location of situation
4) Relief sought (e.g. monetary damages, return of status, etc)
5) Legal theories ‐ legal basis that might give rise to liability
6) Procedural concerns (e.g. jurisdiction, valid service of process, choice of law, etc.)
(c) Take accurate and efficient research notes including complete citations for cases, statutes, or other primary source materials.
(d) Locate and read mandatory primary authority that resolves or yields good points on those issues.
Three Branches of Government
At both the federal and the state level, there exist three distinct branches of government that work together to enact, interpret, and enforce the law. In the performance of these duties, each branch generates primary sources of law that are essential to legal research.
(a) Executive – the executive branch is comprised of the head of state (the President of the United States in the federal system) or the head of government (the governor in the state system) and the administrative agencies or departments who are charged with the administration and enforcement of laws and regulations.
(b) Judicial – the judicial branch of government is comprised of the courts. At both the state and federal level, the courts are organized hierarchically: trial courts, appellate courts, and a supreme court.
(i) Trial courts are courts of general or original jurisdiction and make determinations of law and fact, though factual determinations are often entrusted to a jury.
(ii) Appellate courts review errors claimed to have been made in the trial court and can render decisions based in law and fact or remand a case back to a trial court with specific instructions on application of the law.
(iii) The Supreme Court (the highest court) is a court of last resort. Its scope of review is limited to questions of law.
(c) Legislative – the legislative branch is comprised of the Congress (House of Representatives and the Senate) at the federal level and the Legislature (House and Senate) at the state level. These bodies are charged with enacting or making the law.
