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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 means that the researcher must be able to carefully read the various cases and properly apply them to the facts presented in the case that generated the need for the research. At this point in the research the researcher's ability to conceptualize the law and create appropriate analogies is the key to his or her success. The computer cannot perform these functions.
The introductions of the computer, the internet, and the proprietary work of Westlaw and Lexis have changed the practice of law considerably but they have not replaced the need for an individual trained in good legal reasoning. Such skills are irreplaceable and remain the key to good legal research.
Bibliography
Nolasco, C.A. (2010). Toward a New Methodogy for Legal Research in Criminal Justice. Journal of Criminal Justice Education, 1-23.
Turley, S.L. (2010). "To See Between": Interviewing as a Legal Research Tool. Journal of the Association of Legal Writing Directors, 283-209.
Legal Unit 2
Bibliography
Nolasco, C.A. (2010). Toward a New Methodogy for Legal Research in Criminal Justice. Journal of Criminal Justice Education, 1-23.
Turley, S.L. (2010). "To See Between": Interviewing as a Legal Research Tool. Journal of the Association of Legal Writing Directors, 283-209.
Legal Unit 2
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