TECHNIQUES OF LEGAL RESEARCH: A COMPREHENSIVE GUIDE

This article is written by Aahna Upadhyay of 1st Semester of Lloyd Law College, Greater Noida, an intern under Legal Vidhiya

Abstract

For academics, policymakers[1], and attorneys[2], conducting legal research is a fundamental skill that is necessary for the development of strong legal arguments, the formulation of sensible public policies, and the administration of justice. This research paper offers a thorough overview of legal research methods and is a valuable tool for both inexperienced and seasoned legal professionals. The importance of legal research and its function in the legal profession are explained at the outset of the paper. Subsequently, it explores diverse research methodologies, such as conventional library-based research and modern digital tools and databases, highlighting their significance in the constantly changing legal field. In order to preserve the integrity of legal research, the paper also discusses how important proper citation and referencing are. To further assist researchers in honing their analytical abilities, the guide delves into more complex methods like statutory interpretation, case law analysis, and comparative legal research. Additionally, it covers the ethical issues surrounding legal research, emphasizing the value of obtaining information responsibly and avoiding plagiarism.

Keywords: Legal Research, profession, arguments, library, legal periodicals, treatises, strategies and Database.

Introduction

Legal research is an important part of the legal profession, and it entails the process of gathering and analysing legal material to support legal arguments, make informed choices, and resolve legal challenges. Legal research methodologies have developed over time due to technological developments, legal doctrine, and the availability of legal materials. Here is a quick primer on legal research techniques:

1. Traditional Library Research: Traditional library research originates significantly in legal study. Physical law libraries were traditionally used by legal practitioners to access main and secondary legal literature such as statutes, case law, legal periodicals, and treatises. This strategy necessitated the employment of numerous books, magazines, and other written materials.
2. Sherardizing and Citators: In the past, lawyers would use books such as Shepard’s Citations to ascertain the history of a case, identify whether it had been overruled or followed, and locate additional pertinent cases. Sherardizing used to be a human procedure, but computer tools have mostly replaced it.
3. Digitalization and Online Databases: The introduction of computers and the internet transformed legal research. Legal databases such as Westlaw, LexisNexis, and government websites began digitizing legal texts to make them more accessible. Legal professionals could use the internet to search for and obtain cases, statutes, rules, and secondary sources.

With technical breakthroughs and changes in legal practice, the area of legal research continues to evolve. To remain competitive and give the best possible representation and advice to their clients, legal practitioners must adapt to these changes.

Research Objectives

The research aims for legal research methodologies might vary based on the specific setting and purposes of the research, but in general, they attempt to improve our understanding of the legal system, assist in resolving legal difficulties, and improve legal practice. Here are some of the most popular research goals in this field:

1. Identifying Relevant Legal Sources: Determine the most appropriate legal sources for specific legal issues (e.g., statutes, regulations, case law, legal literature).
2. Legal Information Retrieval[3]: Create effective ways for searching, obtaining, and organizing legal information, such as those that use databases, libraries, and internet resources.
3. Legal Information Retrieval: Develop efficient methods of looking for, retrieving, and organizing legal information, such as those that make use of databases, libraries, and online resources.

These research aims seek to increase the quality and effectiveness of legal research, with the ultimate goal of improving legal practice, legal system development, and access to justice. Researchers in this subject frequently concentrate on various components of these goals based on their interests and the requirements of the legal community.

Importance of Legal Research

Legal research is critical to the operation of legal systems and the development of a just society. It is the systematic collection, analysis, and interpretation of legal information to handle legal challenges and make educated judgments. The significance of legal research can be summarised in five important points:

1. Precedent and Precedent-Based Decision Making: Legal research is essential for identifying and understanding legal precedents, such as court decisions and statutes. These precedents serve as the foundation for legal reasoning and the consistent application of laws over time. Without proper research, the legal system would lack the stability and predictability required for justice.
2. Lawyers, judges, and legal professionals rely on legal research to develop solid cases and make well-informed arguments in court. Accurate and up-to-date research guarantees that clients are represented competently and fairly, advancing the rule of law.
3. Legislation and Policy Development: Legislators and policymakers use legal research to create new laws and policies that reflect society’s needs and beliefs. It assists them in understanding the legal landscape, assessing the effects of future changes, and developing effective laws that promote public welfare.

Legal research is, in essence, the foundation of a just and orderly society. It fosters fairness, consistency, and accountability in the legal system, enables effective advocacy, and equips individuals to manage legal difficulties. Without it, the legal landscape would be fraught with confusion and unfairness, making it a necessary tool for lawyers, judges, politicians, and the general public.

Defining Legal Research

Legal research is the methodical gathering, analysing, and interpreting of information to answer legal problems and make educated decisions within the legal framework. It entails scouring statutes, regulations, case law, legal literature, and other legal resources for pertinent information. Identifying and creating research questions, conducting exhaustive searches using diverse sources such as legal databases, libraries, and online tools, and critically analysing the information’s authenticity and relevance are all part of effective legal research. Researchers must also synthesize their results into a clear and appealing argument, memorandum, or brief, as well as stay current on legal developments. Legal research is fundamental to legal practice, including the work of lawyers, judges, legal scholars, and policymakers. It plays a crucial role in ensuring that the law is applied correctly, supporting legal arguments, and contributing to the development and evolution of the legal system. Accurate, thorough, and up-to-date legal research is essential for the functioning of the legal profession and the fair administration of justice.

Legal Research vs. Legal Writing

For lawyers and other legal professionals, legal research and writing are necessary abilities, although they have different applications within the legal profession. To support legal arguments and judgments, legal research entails the act of locating, evaluating, and interpreting legal information. To find pertinent data that can be used to answer a legal question or issue, one must be able to search through a variety of legal sources, including legislation, case law, regulations, and legal literature. Building a solid legal case and comprehending the legal landscape requires extensive legal research. Contrarily, the ability to successfully communicate legal material and arguments in a clear, succinct, and persuasive manner is known as legal writing. Drafting legal papers including briefs, agreements, notes, and opinions is part of the process. The capacity to organize an argument, reference legal sources, and explain challenging legal ideas in a way that is understandable to clients, judges, and other stakeholders are all part of legal writing. In conclusion, legal writing is the process of presenting the material gathered and analysed through legal research in an engaging and cogent manner. For one to practice law successfully, both abilities are necessary.

Legal researchers must maintain objectivity, thoroughness, and awareness of legal developments throughout this process to ensure their work complies with ethical and professional norms.

Statutory Law

A vital part of a nation’s legal system is statutory law, commonly referred to as legislation or statutory regulations. It consists of rules and legislation that have been passed at the municipal, state, or federal levels by a legislative body like a parliament or a congress. As a result of being codified and documented, these laws offer a readily available and understandable set of regulations that individuals, organizations, and governmental entities must abide by. Numerous topics are covered under statutory law, including as criminal offences, civil rights, property rights, contract law, and administrative processes. Its goals are to uphold law and order, safeguard individual rights, and advance societal welfare. It is the major source of legal power. Statutory laws are often enacted through a clear legislative process that includes proposal, discussion, and vote. These processes are also used to amend or abolish statutes. As courts are tasked with settling disputes and making sure the law is consistently and fairly applied, judicial interpretation of statutory law is essential to its application. The broader legal framework that governs a nation’s operations and supports the ideals of justice, fairness, and the rule of law must include statutory law as a fundamental element.

Case Law

Case law, usually referred to as judicial precedent or common law, is the body of legal rules that have been established by earlier court rulings. For instances with identical circumstances or legal questions in the future, these rulings serve as binding or persuasive authority. Particularly in common law nations like the United States and the United Kingdom, case law is an essential feature of the legal system. Case law is used by courts to interpret statutes and establish precedents, guaranteeing consistency and predictability in the way the law is applied. When a matter is presented before a court, judges and attorneys frequently cite pertinent prior rulings to bolster their claims and offer recommendations on how the law should be applied in the specific facts of the case. Over time, case law changes as a result of shifting social, technological, and legal advancements. It enables the judicial system to keep its perception of continuity and fairness while remaining adaptable and responsive.

In conclusion, case law is a collection of legal rules that have been formed by earlier court rulings, serving as examples and precedents for upcoming legal disputes. It is a key element of the common law legal system and encourages consistency, predictability, and flexibility in the way the law is applied.

Administrative Law

A subset of legal norms and principles known as “administrative law” controls how government entities interact with people and other organizations as well as how they operate and make decisions. It establishes a framework for the use of administrative authority and guarantees equitable, transparent, and accountable public administration.

Typically, administrative law includes the following major areas:

1. Regulating the creation, modification, and repeal of rules by government agencies, rulemaking ensures that the public is involved and that the process is transparent.
2. Adjudication: Administrative authorities frequently hold hearings and render judgments on a range of issues, including the approval of licenses, perks, or penalties. These hearings are governed by administrative law, which also includes rules of evidence and due process.
3. Enforcement: It specifies the agency’s scope of jurisdiction for enforcing laws and sets restrictions to prevent power abuse.
4. Judicial Review: Administrative decisions may be contested in court to ensure that they adhere to the law and the due process clause.
5. Accountability: Administrative law enforces accountability by requiring the public disclosure of information and providing supervision by legislative bodies.

To defend the rule of law, protect individual rights, and maintain the proper balance of power between the government and the populace, administrative law is crucial. It is vital to make sure that government activities are performed fairly and within the bounds of the law.

Regulations

Regulations in law are rules and guidelines established by government authorities to manage and control various aspects of society. They serve as a critical component of the legal system, helping to ensure order, safety, and fairness. These regulations can cover a wide range of areas, such as environmental protection, consumer rights, financial markets, and public health. They are designed to safeguard individual rights, public welfare, and the overall functioning of a nation.

Legal Encyclopaedias

Legal encyclopaedias are thorough reference books that offer in-depth knowledge and analysis of a range of legal topics. They are important resources for academics, practitioners, and students of law. It is simple to find material on certain legal concerns because these encyclopaedias are often arranged alphabetically by subject.

Legal encyclopaedias provide a methodical and organised approach to conducting legal research. They offer a succinct explanation of relevant legal rules, statutes, rules of procedure, and court rulings. Additionally, they frequently contain citations to pertinent statutes and cases, enabling readers to access primary sources quickly. The American Jurisprudence is one of the most well-known legal encyclopedias and it covers a wide range of legal topics. Halsbury’s Laws of England and Corpus Juris Secundum are two further examples that are individually customized to the legal systems of various nations.

Legal encyclopaedias[4] are crucial for attorneys who need to swiftly understand complex legal concepts, develop effective arguments, or educate themselves on certain legal topics. An essential resource for legal research and practice, they offer a fundamental knowledge base that complements primary legal sources like legislation and case law.

Legal Periodicals and Journals

Publications devoted to the study of law, such as legal periodicals and journals, offer in-depth analysis, scholarly essays, and updates on legal developments. For academics, students, and legal professionals, these publications are crucial resources.

A wide range of subjects are covered by legal journals, including legislative changes, legal theory, and commentary on newly arising legal challenges. They frequently include articles, reviews, and commentaries that have undergone peer review and were produced by academics and legal professionals, advancing the field of legal scholarship.

These periodicals are essential for keeping up with the most recent developments in the field of law, helping attorneys craft strong arguments, and assisting students in developing a deeper understanding of legal concepts. They encourage discussion and debate within the legal community by facilitating the exchange of ideas and views.

The American Bar Association Journal, Yale Law Journal, and the Harvard Law Review are just a few examples of well-known legal publications and journals. These publications are essential for influencing the legal environment and ensuring knowledge is shared with the public and the legal community.

Treatises and Practice Guides

Practice manuals and treatises are important sources for legal studies. Treatises are extensive, academic publications that offer in-depth research of legal subjects and provide insights into legal theories, antecedents, and contemporary interpretations. They act as reliable resources that help professionals like lawyers and academics understand difficult legal matters

Practice manuals, on the other hand, provide detailed instructions on particular legal tactics and procedures. They offer detailed instructions, example paperwork, and helpful advice for attorneys, making them essential resources for attorneys navigating the complexities of the legal system.

Treatises and practice manuals are both essential for legal research, assisting specialists in keeping up with changing rules, regulations, and case law. They assist in developing strong arguments, creating legal strategies, and assuring legal compliance. These materials are regarded as trustworthy sources of information since they are frequently written by subject-matter specialists. Many of these resources are now readily available online in the age of technology, improving the accessibility and effectiveness of legal research. Treatises and practice manuals are crucial resources for attorneys who want to give their clients the best advice and representation possible.

Restatements of Law

Restatements of Law are a vital resource for legal research, particularly in the US. They are publications from the American Law Institute (ALI) that seek to outline and clarify the common law as it currently stands about various legal issues. For judges, attorneys, and legal academics, these publications offer helpful direction on how to understand and apply the law.

Restatements do not have the force of law, but they have a lot of persuasive power. They provide succinct and well-organized summaries of the laws, regulations, and case law about particular areas of law, such as contracts, torts, or property. They help legal argumentation and decision-making by enabling legal researchers to obtain a thorough knowledge of the current legal standards and trends.

Legal professionals rigorously design and approve restatements, and they are routinely revised to reflect changing legal standards. To develop stronger legal arguments and gain a better understanding of the status of the law on a particular topic, researchers examine them in addition to primary sources like legislation and case law. Restatements of Law are a crucial tool for the legal profession, helping to ensure the uniformity, consistency, and clarity of the application of common law principles.

Legal Dictionaries

For legal research, legal dictionaries are useful resources. They aid legal practitioners and scholars in navigating complicated legal language and concepts by providing clear definitions and explanations of legal terminologies. These dictionaries encompass a wide range of legal terms, from everyday expressions like “lawsuit” to technical terms used in particular fields of the law.

Legal dictionaries are important for a variety of reasons. They can help with the interpretation of laws, rules, and case law by defining terminology and explaining how they should be used. They provide accuracy in legal writing and argumentation by assisting lawyers and law students in understanding legal concepts. They also aid in the writing of legal documents like petitions and contracts.

Legal dictionaries are frequently used by researchers to save time and guarantee accuracy when researching or working in the legal industry. They are easily accessible to a wide audience and are readily available in print and digital versions. These tools are necessary for creating a solid legal foundation and carrying out effective legal research.

 Note-Taking Strategies

Effective note-taking is a critical tool in legal research. It helps legal professionals organise, retain, and retrieve vital information. Several strategies can enhance the process:

1. Structured Format: Organize your notes using a structured format, such as an outline, mind map, or chronological log. This makes the material easier to categorise and locate later.
2. Write succinct summaries of the main themes, legal doctrines, and arguments. The fast references provided by these summaries can be used while creating legal papers.
3. Citations: Give complete and correct references to all instances, laws, and secondary sources. This makes sure you can validate and correctly credit your sources.

Careful note-taking is an essential research tool in the legal profession since it can save time, avoid mistakes, and strengthen arguments.

Conclusion

The research study concludes by offering a thorough overview of the methods used in legal research, including the core ideas, primary and secondary sources, online and offline sources, sophisticated research methodologies, and ethical considerations. The paper emphasizes the significance of efficient legal research for those working in the legal field and provides insightful information about how the field is changing as well as potential directions for the future. This manual can help legal experts, academics, and students improve their research techniques and keep up with the most recent advancements in the area of legal research.

References

1. Vaishali Ramesh, Legal Research and Benefits at https://www.bing.com/ck/a?!&&p=024d414d06c301b5JmltdHM9MTY5ODEwNTYwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTIwOA&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=Legal+research+is+an+important+part+of+the+legal+profession%2c+and+it+entails+the+process+of+gathering+and+analysing+legal+material+in+order+to+support+legal+arguments%2c+make+informed+choices%2c+and+resolve+legal+challenges.+Legal+research+methodologies+have+developed+over+time+due+to+developments+in+technology%2c+legal+doctrine%2c+and+the+availability+of+legal+materials.+Here+is+a+quick+primer+on+legal+research+techniques%3a&u=a1aHR0cHM6Ly93d3cuaW5mb3N5c2JwbS5jb20vYmxvZ3MvbGVnYWwtcHJvY2Vzcy1vdXRzb3VyY2luZy9sZWdhbC1yZXNlYXJjaC1pbXBvcnRhbmNlLWluLWxlZ2FsLXByYWN0aWNlLmh0bWw&ntb=1 last seen on 17-10-23
2. Muntasir Minhaz, Legal Research Methodology at Legal Research Methodology: Types And Approaches of Legal Research (iedunote.com) last seen on 17-10-23
3. https://www.bing.com/ck/a?!&&p=9560cbdbdef3188eJmltdHM9MTY5ODEwNTYwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTE4Nw&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=For+lawyers+and+other+legal+professionals%2c+legal+research+and+writing+are+necessary+abilities%2c+although+they+have+different+applications+within+the+legal+profession.+To+support+legal+arguments+and+judgments%2c+legal+research+entails+the+act+of+locating%2c+evaluating%2c+and+interpreting+legal+information.+To+find+pertinent+data+that+can+be+used+to+answer+a+legal+question+or+issue%2c+one+must+be+able+to+search+through+a+variety+of+legal+sources%2c+including+legislation%2c+case+law%2c+regulations%2c+and+legal+literature.+Building+a+solid+legal+case+and+comprehending+the+legal+landscape+requires+extensive+legal+research.+Contrarily%2c+the+ability+to+successfully+communicate+legal+material+and+arguments+in+a+clear%2c+succinct%2c+and+persuasive+manner+is+known+as+legal+writing.+Drafting+legal+papers+including+briefs%2c+agreements%2c+notes%2c+and+opinions+is+part+of+the+process.+The+capacity+to+organize+an+argument%2c+reference+legal+sources%2c+and+explain+challenging+legal+ideas+in+a+way+that+is+understandable+to+clients%2c+judges%2c+and+other+stakeholders+are+all+part+of+legal+writing.+In+conclusion%2c+legal+writing+is+the+process+of+presenting+the+material+gathered+and+analysed+through+legal+research+in+an+engaging+and+cogent+manner.+For+one+to+practice+law+successfully%2c+both+abilities+are+necessary.&u=a1aHR0cHM6Ly9yZXlhYm9nYWRvLmNvbS91cy93aGF0LWlzLWEtc29mdC1za2lsbC1mb3ItYS1sYXd5ZXIv&ntb=1 last seen on 23-10-23
4. Cattleya Concepcion, Secondary Sources Research Guide, at https://www.bing.com/ck/a?!&&p=5824ca44d74148c2JmltdHM9MTY5ODEwNTYwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTIyNw&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=Legal+encyclopaedias+are+thorough+reference+books+that+offer+in-depth+knowledge+and+analysis+of+a+range+of+legal+topics.+They+are+important+resources+for+academics%2c+practitioners%2c+and+students+of+law.+It+is+simple+to+find+material+on+certain+legal+concerns+because+these+encyclopaedias+are+often+arranged+alphabetically+by+subject.&u=a1aHR0cHM6Ly9ndWlkZXMubGwuZ2VvcmdldG93bi5lZHUvc2Vjb25kYXJ5L2VuY3ljbG9wZWRpYXM&ntb=1 last seen on 23-10-23
5. https://www.bing.com/ck/a?!&&p=d6543161d26ebc87JmltdHM9MTY5ODEwNTYwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTIwMg&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=The+research+study+concludes+by+offering+a+thorough+overview+of+the+methods+used+in+legal+research%2c+including+the+core+ideas%2c+primary+and+secondary+sources%2c+online+and+offline+sources%2c+sophisticated+research+methodologies%2c+and+ethical+considerations.+The+paper+emphasizes+the+significance+of+efficient+legal+research+for+those+working+in+the+legal+field+and+provides+insightful+information+about+how+the+field+is+changing+as+well+as+potential+directions+for+the+future.+This+manual+can+help+legal+experts%2c+academics%2c+and+students+improve+their+research+techniques+and+keep+up+with+the+most+recent+advancements+in+the+area+of+legal+research.&u=a1aHR0cHM6Ly93d3cucmVzZWFyY2hnYXRlLm5ldC9wdWJsaWNhdGlvbi8zNTU1MjM1MTBfTEVHQUxfUkVTRUFSQ0hfTUVUSE9ET0xPR1lfQU5fT1ZFUlZJRVc&ntb=1 last seen on 23-10-23

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[1] Policymakers- a person responsible for or involved in formulating policies, especially in politics.

[2] Attoreneys- a person, typically a lawyer, appointed to act for another in business or legal matters.

[3] Retrieval-the process of getting something back from somewhere

[4] Encyclopaedias- a book or set of books giving information on many subjects or on many aspects of one subject and typically arranged alphabetically.