So if it`s primary law that you want, it makes sense to look over there first, right? Not so fast. While you need primary sources of law to support your case, in many cases it is much easier – and a more efficient use of your time – to start your research in secondary sources such as how-to guides, articles, and legal articles. Qualitative research involves a more explicit evaluation or interpretation or critical evaluation of a problem. In terms of jurisprudence, the qualitative method is used to analyze legal propositions or legal theories or doctrines and to examine existing legal theses and cases in the light of propositions or doctrines. Doctrinal or « black » legal research aims to explain, systematize and clarify the law on a particular subject through a distinctive mode of analysis. The main advantage of the qualitative method is that the qualitative analysis relies on the interpretive abilities of the researcher and opens up the possibility that more than one explanation is valid. Frontier research is conducted to explore areas about which the researcher has little or no knowledge. Exploratory research allows the researcher to formulate problems for further investigation, develop hypotheses and find the best solution. It is about finding the reason for things, events and situations, and showing why and how they became what they are. Such research includes choosing the hypothesis, compiling the fact-finding, classifying them, eliminating relevance, using inductive and deductive reasoning, and affirming a conclusion. Essentially, it involves the analysis of facts, the order of legal propositions and doctrines, and the application of legal arguments to conclude. However, legal research usually suggests tasks such as: Legal research is about taking the instance out of legal theories and principles.
Descriptive research attempts to systematically describe a situation, problem, phenomenon, or behavior. A description is about making complicated things understandable and simple. More recently, pure legal research has been criticized for its rigidity, narrower scope, and lack of flexibility to address different contexts in which legal issues or situations arise and operate. Finding tools allows a researcher to find and interpret legal authority. First, many researchers use tools that provide summaries of a particular area of law. Some examples are legal encyclopedias, treatises, and American Law Reports (ALR). Law journals and law journal articles provide interpretation of the law as well as detailed articles on specific legal topics. These interpretations can be found through indices such as the Index to Legal Periodicals. Reformulations provide detailed summaries of what the law is in general or what the rewording authors believe the law should be. Citations from other authorities and notes in legal encyclopedias, treatises, American Law Reports, law journals, and law journals are an important part of their value in the research process.
Data can be collected from questionnaire surveys, survey questions and interviews. Data analysis is an important component of quantitative research. Most doctrinal legal research is based on the « black letter » approach, which focuses on the knowledge of law found in legal texts, legal theories, laws, and court decisions with « little or no relation to the world outside the law. » Legal research methodology is important to lawyers in many ways. Legal research helps to use one`s acquired knowledge about how the law works and an understanding of the principles underlying the functioning of law and the legal system. A law student should learn about research to critically analyze information on a variety of legal issues. Don`t cast your net too far when it comes to legal research, i.e. you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? And if it is the law of the state, which state? You may find a case in California state court that goes straight to the point, but it won`t be much help if your legal project involves New York law. Secondary sources are very useful for conducting legal research, as they are generally easier to research and read by topic than the laws themselves. Secondary sources also direct you to laws and other primary resources. You can explain how several types of legislation relate to a topic (e.g., laws, cases and regulations).
If possible, it`s a good idea to start legal research with secondary sources, and then read and use the primary sources they cite (laws, cases, regulations, and court rules). Learn more about research and using secondary sources. One of the most important steps in any legal research project is to verify that you are applying a « good » law, that is, that a court has not declared it invalid or struck down in any way. After all, it probably won`t be good for a judge if you cite a case that has been overturned or if you use a law that has been found unconstitutional. This does not necessarily mean that you can never cite these sources; You just need to take a closer look before you do. Your lawyer (or a paralegal under their supervision) can review the laws, case law and secondary authority before deciding how to proceed with your case. Because the law is based on precedents, case law with a similar pattern of facts can give your lawyer an idea of how things can play out in court. Due to changing social, moral and political contexts, many laws may lose their relevance or appear insufficient to meet the needs of society. Legal research can help identify old laws that need to be reformed.
Legal research is conducted by anyone who needs legal information, including lawyers, legal librarians and paralegals. Sources of legal information range from printed books to free legal research websites (such as the Legal Information Institute at Cornell Law School, Findlaw.com, Martindale Hubbell or CanLII) and information portals to paid database providers such as Wolters Kluwer, LexisNexis, Westlaw, Lex Intell, VLex and Bloomberg Law.