Legal Research Basics

The following steps should be followed as part of a 'best practices' approach in conducting any legal research project.

 1.   Determine the facts. Ask yourself who?, where?, and what? questions.

 2.   Determine the source of all applicable law. Legislative, administrative, or judicial? Federal or state? Civil or criminal?

 3.   Given the facts and possible law, make a list of issues and keywords. Try to frame those words in legal terminology, and in the form of a question if possible. Be ready to add to or modify those word or phrase lists if you find better search terms as you delve further into your research.

 4.   Formulate a research plan. Your strategy should take into account the facts you have, the time available, and the type of assignment you are undertaking.

 5.   Perform background research using secondary sources first. Secondary sources can direct you to appropriate primary sources.

 6.   Consult legal authorities (primary sources).

 7.   Expand your search based on cases and authority initially retrieved.

 8.   Validate cases by Shepardizing or using KeyCite or BCite.

 9.   Make or keep a record of your research trail.

Diagram from the  University of Sunderland Law Librarian

Begin your research using Secondary Sources.

Consulting general secondary sources, such as legal encyclopedias and ALR articles, can provide you with comprehensive information, direct you to specific citations, and guide you to the appropriate primary resources.

Primary sources provide you with authoritative controlling information on the law.

The final step in your research is to validate your research by Shepardizing (Lexis) or using KeyCite (Westlaw). Shepardizing ensures that you have the most recent information on rulings and also determines if your law is still good law.

Chart:

The chart in the box below will give you an overview of sources to be used depending on what type of information you have and what cite or other item of information you are seeking.

Diagrams:

Flowchart diagrams serve as graphic aids you can use to visualize a Research Plan path. One such suggested Research Plan path diagram is found in Basic Legal Research, by Amy E. Sloan, KF240 .S585. The latest edition can be found on reserve at the circulation desk. A diagram of a general view for use at the start of your planning is printed at page 310 of the book. Four other sample research plan diagrams for specific legal source types begin at page 321.

Another useful detailed diagram worth studying comes from the Southern Illinois University School of Law Library  Law Dawg blog. The free form colored lines of the 'mind map' diagram emphasize the inter-connections between the types of sources.