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Legal research as Putman and Albright (2014, p. 335) point out "is the part of legal analysis that involves finding the law that applies to the legal question raised by the facts of a client's case." As the authors further point out, there is no magic formula when it comes to the conduction of legal research. There is no 'one best way' of conducting legal research. It is with this in mind that I develop my own three step legal research strategy.
My Three (3) Step Legal Research Process
Analysis and Planning
As far as legal research is concerned, Elias (2012, p. 69) is of the opinion that one ought to have a clear idea of that which he or she would want to accomplish. In this particular stage, I would concern myself with not only the identification of the case's key facts, but also the establishment of the various legal...
This I would do knowing only too well that it is only rarely that legal problems fall into a single category of law, i.e. criminal or contract law. As a matter of fact, legal problems often involve multiple areas of law. Conducting an analysis of the facts of the case and identifying the legal principles represented would, therefore, be of great relevance in helping me to focus on key issues of law. I would also come up with a search strategy plan that keeps my legal research undertaking focused on only the legally relevant material.
Step 2: Researching the Law
At this point, both primary and secondary resources would come in handy. My key focus would be reading and evaluating the law. While a secondary authority, as Yelin and Samborn (2008, p. 25) point out, makes available a commentary…
References
Elias, S. (2012). Legal Research: How to Find & Understand the Law (16th ed.). Berkeley, California: Nolo.
Putman, W. & Albright, J. (2014). Legal Research. Stamford, CT: Cengage Learning.
Yelin, A.B. & Samborn, H.V. (2008). The Legal Research and Writing Handbook: A Basic Approach for Paralegals (5th ed.). New York, NY: Aspen Publishers Online.
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