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In this lesson, you will learn the preliminary steps for legal research, the different courts to research, and a relatable example that breaks down the legal research steps.
Preliminary research steps
- To begin legal research, start with jurisdiction.
- If the case is in federal court, you must find federal statutes and cases. If the case is in a state court, you must find state statutes and cases.
- Know the facts of your case.
- Identify the legal issues in the case. What actions allegedly caused harm to whom? What area of law needs to be researched?
- Match the facts and issues to areas of law that might apply. Start with general areas and narrow to specific areas or keywords.
- Create a list of keywords for your search and update the list as the search progresses.
Transcript
To begin legal research, start with jurisdiction.
That is, if the case was filed in a federal court, you must find federal statutes and cases.
If the case was filed in a state court, you must find statutes and cases for that state\’s court, the facts in your case, including those that support your own position and your opponent\’s.
Consider this example:
Plaintiff Eric and defendant Josie owned adjacent land on which they would build homes.
The year before the plaintiff built his house, the defendant, believing that a particular parcel of land was hers, improved it by installing a pipe for water, building a fence and shed, mowing, raking, planting, and otherwise keeping it in pristine condition.
When the plaintiff later had the land surveyed, he discovered that he held title to the improved portion and brought action against the defendant for title.
Identify the legal issues in this case. What actions allegedly caused harm to whom?
What area of law needs to be researched?
Match the facts and issues to areas of law that might apply.
Start with general areas and narrow to specific areas or keywords.
You don\’t know much yet. So guess. You can refine later.
Now develop a question that needs to be answered by each side.
Eric\’s question: The defendant improved my property without my permission. Can I keep the title?
Josie\’s question: If I make improvements on the plaintiff\’s land, can he claim it and kick me out?
Create a list of keywords for your search. And update the list as the search progresses.