Black`s Law Dictionary defines legal research as “the research and gathering of authorities related to a legal question.” But what does that really mean? Essentially, this means that legal research is the process you use to identify and find laws, including laws, regulations, and court notices, that apply to the subject matter of your case. The third incorporates research and actions to develop and examine interventions targeting individuals, attitudes and systems to reduce and combat inequalities, with a focus on evidence-based interventions for youth at risk of contact with the justice system. For example, Javdani NYC designed and evaluated ROSES, a strengths- and youth-focused advocacy approach to seek changes in girls` opportunity structures (e.g., through access to necessary resources) and examines the extent to which these changes are associated with promoting positive outcomes (e.g., resilience, academic achievement) and reduction of negative outcomes (e.g., arrest/incarceration, e.g., psychological symptoms). In addition, Javdani is developing and adapting a staff training and coaching intervention for incarcerated youth in New York City (SAFE Spaces, with PI Godfrey) and has partnered with the Vera Institute of Justice to explore the practice and policy changes needed to end girls` incarceration at the local and national levels. Before you start researching laws and court opinions, you must first define the scope of your legal research project. There are several key questions you can use to do this. There`s a reason there are entire law courses and countless books focused solely on legal research methodology. In fact, many lawyers will spend their entire careers honing their research skills – and even then, they may not have perfected the process. Instead of spending hours researching, Statutes Compare allows you to quickly see how a law has changed over time. Knowing where to start a difficult legal research project can be difficult.
But if you already understand the basics of legal research, the process can be considerably simpler, if not faster. 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. Given that legal research is a complex process, it`s probably no surprise that this guide can`t give you everything you need to know. Alternatively, lawyers may need legal research to simply provide clients with accurate legal advice. And in the case of law students, they often use legal research to fill out memos and briefs for the class. However, these are just some of the situations where legal research is needed. You`ll never know what to look for if you don`t know what your legal problem is. Does your client need help recovering money from an insurance company after a car accident involving a negligent driver? What about criminal proceedings that exclude evidence found during an alleged illegal stay? Always gather the most important facts so you know “who, what, why, when, where and how” of your case.
And take the time to write everything down, especially since you`ll probably need to include a statement of facts in any filing or briefing anyway. Even if you don`t think a fact might be relevant now, write it down because it may turn out to be relevant later. These facts will also be helpful in identifying your legal problem. Whether you`re a student still in law school or a seasoned lawyer with years of experience, strong research skills are essential to making a winning argument. That`s why it`s so important to know how to conduct legal research, including where to start and what steps to take. 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. Regardless of the legal research project, you need to identify the relevant legal problem, as well as the desired outcome or facilitation.
This information guides your research so you can stay focused and focused on the topic. Now that you`ve gathered the facts and know your legal problem, the next step is to know what to look for. After all, you need legislation to support your legal argument, whether you`re giving advice to a client or writing an internal memo, brief, or other legal document. In most cases, the purpose of legal research is to find support for a particular legal issue or decision. For example, lawyers must conduct legal research when they need legal advice (i.e. of case law) to support a legal argument they make to the court in a motion or factum.
