Legal Research Areas

Civil Law

Criminal Law

Administrative Law

The Legal Research Process

Research Identification of facts Identification of issues Finding appropriate law

Analysis Relating the law to the issues

The Legal Research Process

Writing Communicating your findings to the attorney Communicating your findings in a helpful form:

1. Your research is organized and easily understandable;

2. Your research helps the attorney find the legal answer or argument needed;

3. Your research is in a form that can be presented to a court.

Role of the Research Associate

Provide information to the attorney Must be accurate Must be thorough

Paralegals and research assistants may not give legal advice Unauthorized practice of law Unethical Illegal

Unauthorized practice of law

Paralegals and research assistants may not give legal advice. Unauthorized practice of law is “Unethical” and

Illegal Beware: It can ruin a promising legal career.

Louisiana example cases. Good Advice- Assoc. of Trial Lawyers Hey- What about LegalZoom.com??

Sources of Law for ResearchPrimary Sources

Cases Constitutions Statutes Administrative Regulations

Sources of Law for ResearchSecondary Sources

Legal Encyclopedias

Law Journals Digests Treatises

Form Books

Legal Periodicals

Legal Dictionaries

Legal Thesaurus

Sources of Law for Research Primary and secondary sources are found:

In print form In electronic form

CD-ROMs On-line services (fee-based)

Lexis Westlaw Checkpoint (for tax, accounting and

finance professionals)

Other internet sites

Federalism and Legal Publications

Federalism: Separate governments sharing power, but separate codes of law and separate courts.

Legal Publications: Often separate for federal laws and state laws

Sources of United States Law

Constitutional Law Statutory Law Administrative Regulations Case Law (The Common Law)

Stare decisis and precedent

Citing the Law The Leading Authority is The Bluebook: A

Uniform System of Citation

Published by the Harvard Law Review Association

a/k/a The Bluebook or The Harvard Bluebook

Citing the Law Other authority

ALWD Citation Manual (Association of LegalWriting Directors)

Local court rules

Sample case citation

Roe v. Wade, 410 U.S. 113 (1973).

(a U.S. Supreme Court citation)

Roe v. Wade, 410 U.S. 113 (1973).

The Parties

Roe v. Wade, 410 U.S. 113 (1973).

The reporter volume

Roe v. Wade, 410 U.S. 113 (1973).

The reporter

Roe v. Wade, 410 U.S. 113 (1973).

The first page of the opinion

Roe v. Wade, 410 U.S. 113 (1973).

The year of the case

Also Acceptable

Roe v. Wade, 410 U.S. 113 (U.S. 1973).

Reference to court not strictly necessary in this case since all cases in the United States

Reports are from the Supreme Court.