The first step in doing proper legal research is to fully identify the legal issues. This involves determining what statutes are involved or what principles of common law might apply. This is where many researchers fall short and it is essential that the researcher fully identify the parameters of the case before beginning the research otherwise valuable time and effort will be wasted.
Once the legal issues have been identified the researcher is ready to begin the process of finding the cases that support the legal argument that he or she is attempting to formulate. This is where the value of the computer and internet comes into play. In today's legal environment this part of the process is greatly simplified and expedited. Unfortunately, amassing the necessary case law is only the first step and the only step where the computer is of any benefit.
After collecting the law that both supports and contradicts the researcher's argument, it is still necessary that the case law be properly synthesized....
This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization. Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an
Legal Research Method The American legal system comprises trial courts, appellate courts, and supreme courts. Generally, trial courts hear cases first; appellate courts hear appeals filed by litigants who are unsuccessful at the trial court level; and the appropriate supreme courts hear issues appealed from those decisions. The Federal Court of Appeals system comprises thirteen federal circuits based on geography; they hear appeals from state federal courts. Legal research consists of
Legal Research and Argument To begin the research for this case and the argument that follows, one must first examine the case and determine what is essential. It is assumed that the engineer was negligent because he should have known about the circular which advised that further structural support would be required for the type of building he was constructing. It is not enough to rely upon 20 years-worth of experience
Legal research as Putman and Albright (2014, p. 335) point out "is the part of legal analysis that involves finding the law that applies to the legal question raised by the facts of a client's case." As the authors further point out, there is no magic formula when it comes to the conduction of legal research. There is no 'one best way' of conducting legal research. It is with this
STATUTE OF LIMITATIONS LEGAL RESEARCH INTRODUCTION The legal phrase: "Statute of Limitations' is one used in legal terminology to refer to the length of time allowed by law to enter into the court for settlement of a matter or prosecution of a crime. This amount of time varies dependent upon the legal issue's specific details. This research has been guided by exploration and research into the statute of limitations or the time allowed
Secondary research methods and outlets as well as support agencies are examined here. This part is also strengthened by consideration of online outlets for examination of the often fast-paced change in status of certain legal questions. Somewhat of an anomaly is the placement hereafter of several chapters relating to how best to read and analyze sources and cases. It would seem more consistent with the pacing of this work to
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