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Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

Legal research is imperative to the practice of law. Depending on where you are in your legal career, there could be multiple reasons to brush up on the basics of legal research. You could be a: 

• Law student or recent graduate preparing for your career 
• Seasoned attorney aiming to brush up on the basics amidst ever-evolving legal research technology 
• Growing law firm preparing to train new attorneys or paralegals 

Regardless of which of these categories you align with most, reviewing the basics of legal research should become regular practice. After all, the importance of legal research cannot be overstated – pinpointing the best facts and knowledge for your case can make the difference between winning and losing.  

Use this article to review the basics and set yourself (and your firm) up for success. First, we’ll define legal research and its components. Then, we’ll walk you through a step-by-step process for conducting superior legal research. Finally, we’ll close with recommendations for tools that can help you become both an accurate and efficient legal researcher – which ultimately equips you with a reputation for success in the courtroom.  

What is Legal Research?

Legal research is defined as the process of identifying and retrieving information necessary to support legal decision-making. There are multiple reasons you might conduct legal research: 

• To find “good” case law that backs up your motion or brief  
• To provide legal counsel to clients  
• To provide a memo or brief for class (law students only)  
• To identify case law that refutes an opposing argument 
• To support the over-arching narrative of your case 

What is the Importance of Legal Research?

Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.

Historically, attorneys combed through books and libraries for the perfect facts, cases, and issues; now, technology has largely replaced this process. While the prominence of ever-evolving technology has made the process more efficient (and, in many ways, easier), the sheer number of products and options available can be overwhelming.  

The Legal Research Process

Understanding that the legal research process can be overwhelming and time-consuming, we’ve broken the legal research process down into three key steps: 

• Understand the facts of your case 
• Gather sources of law 
• Check your citations for “good” law 

Each of these steps is detailed below, alongside a quick-view checklist.  

Step 1: Record the Facts of Your Case and Create a Research Plan  

Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case. Ask yourself the following questions: 

• What is the legal issue at hand?  
• What are the details of the case?  
• What jurisdiction is most relevant?  
• Do you need state or federal case law? 

Record your facts in a case management tool before beginning – this can help you develop a course of action and narrow down where to start your research. While it may be tempting to skip this step, a commitment to this process saves you time in the long run by helping you efficiently juggle multiple clients. Not to mention, you will likely need what you’ve recorded to file a motion or brief. 

With the facts of the case recorded, you can begin your research. Because this will help you develop a plan for gathering your sources, we will briefly discuss creating a research plan before moving on to Step 2.  

Did you know? LexisNexis boasts a collection of state case law superior to its leading competitors. Easily filter by jurisdiction before or after your search.  

Creating a Research Plan  

Review the facts you recorded to determine what information you will need to build your case. When legal research first moved online, many attorneys felt the need to start with a free service like Google to identify terms of art before conducting a search in a legal research platform. However, this is no longer necessary. Research platforms like Lexis+ allow you to start your search with a natural language search or question and equip you to quickly comb both primary and secondary sources. Litigators, specifically, can use Fact and Issue Finder – integrated directly with Lexis+ – to help quickly identify the best terms of art for their search.  

Creating your research plan is less about planning where you will search and more about planning what you will search. You know your research can be conducted on one, fully integrated platform. So, what questions will you ask to get started? What legal issues do you need more information about? What filters will you need (jurisdiction, time period, etc.)?  

Once you know what you will search for, you are ready to gather sources.  

Step 2: Gather Sources of Law  

The next step in your process is to gather relevant sources of law. Below, we detail the difference between primary law and secondary law. Importantly, when gathering sources, start with secondary law materials. This helps ensure you are up-to-speed on what experts have to say about a topic before you begin your case law search. Why does this matter? Think about it as building your knowledge base before crafting an argument – you’ll be less likely to make mistakes and more inclined to spot case-winning primary law.  

What are Secondary Sources of Law?  

Secondary legal sources are materials that describe or interpret the law. They are educational resources that provide analysis of the law. These documents are cited by attorneys to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Start with secondary sources to learn from legal experts that have already explored a given topic.  

Secondary sources may include: 

• Practice guides 
• Legal treatises 
• Law review articles 
• Scholarly journals 
• Legal news 
• Jury instructions 
• Legal dictionaries and encyclopedias 

What are Primary Sources of Law?  

A primary legal source is a formal document officially issued by the government that establishes the law on a particular matter, such as a case decision or legislative act. Primary sources are the law. This is the most authoritative step in the legal research process. You can support arguments with primary sources as they are not only authoritative, but precedential and controlling.  

Your primary sources may include: 

• Case law (federal and/or state) 
• Orders 
• Decisions 
• Statutes and regulations 
• Constitutions  
• Treatises 

Step 3: Check to See If You’re Using Good Law   

The final step in your research process should include a final check to ensure you have used “good” law – this means you are using case law that has been treated positively in court (as opposed to case law that has been overturned or brought into question). 

Check your case citations as you collect them, especially since legal research software can allow a quick view of how your case has been treated in court directly from your search results. However, it is best practice to review your citations once your research process is complete to check for any gaps, changes, or oversights.  

Read more about using good law and the process of " Shepardizing ."

Conduct Winning Legal Research  

Following this three-step process ensures you’re taking the right measures to find the most accurate, relevant and valuable data to achieve your objectives. Now that you’re ready to conduct winning legal research, take some time to review products and tools that can help you in your path to success.  

Getting Started with Legal Research Tools   

Legal research is key to drafting effective documents and building winning cases. Legal research solutions have evolved substantially – helping you conduct legal research with increased efficiency and accuracy . Below is a list of legal research tools to help you build a winning case:  

• Lexis +:  This is the premier LexisNexis fully integrated legal research platform. Features such as Shepard's At Risk ensures you’re citing only the most authoritative sources, with unprecedented visibility into whether a case is at risk of being overruled or undermined. Other Lexis+ features include, but aren’t limited to: 
• Brief Analysis: Get a clear picture of the contents of your legal brief to identify any missteps and bolster your arguments against opposing counsel. Simply upload and file and quickly evaluate the legal authority cited in your (or an opposing) brief in granular detail and receive recommendations for additional searches.  
• Litigation Analytics: Get the most accurate insights into judges, courts, attorneys, and law firms to ensure your success in litigation. Understand critical insights regarding caseloads, experience across case types, timing to key milestones, and damages by comparing federal districts and judges. 
• Shepard's ® Citations Service:  See if a case has been overturned, reaffirmed, questioned, or cited by later cases, or is at risk of negative treatment. Your research needs to provide precedential value. Using reversed or overruled authority doesn't qualify as "Good Law" and your research may be ineffectual or harmful to your case.  
• Practical Guidance: View professional insights on 20 different practice areas. Accomplish any task with practice notes, annotated templates, and checklists.  
• Legal News Hub: Receive up-to-the-minute, award-winning journalism and legal news from Law360 and Law360 Pulse anytime you need it — without having to leave the Lexis+ ecosystem. Stay current on critical developments across legal practice areas, with over 70 coverage areas spanning the practice and business of law. 

LexisNexis is here to support your firm in winning your next case. With Lexis+, all of your legal research needs are integrated into one platform as a true start-to-finish solution. Ready to learn more? Take a guided tour of Lexis+ today. 

Buy Now    Free Lexis+ Access

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Legal research is the process of identifying and retrieving information necessary to support legal decision-making, including finding relevant statutes, regulations, case law, and legal precedents. This practice is essential for understanding the law and applying it effectively, as it relies on both primary sources, which are authoritative legal texts, and secondary sources, which provide commentary and analysis on the law. Mastering legal research enables individuals to navigate the complexities of the legal system efficiently.

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5 Must Know Facts For Your Next Test

• Legal research typically involves using various tools such as legal databases, libraries, and online resources to find relevant laws and legal information.
• Primary sources of law include constitutions, statutes, regulations, and case law, while secondary sources include articles, treatises, and legal encyclopedias.
• Legal research is critical for attorneys when preparing for litigation or providing legal advice to ensure they understand applicable laws and precedents.
• Effective legal research requires a clear understanding of how to formulate search queries and utilize Boolean logic to narrow down results.
• Understanding the difference between binding and persuasive authority is essential in legal research; binding authority must be followed by courts in that jurisdiction while persuasive authority can influence but does not have to be followed.

Review Questions

• Legal research distinguishes between primary sources, like statutes and case law that provide binding legal authority, and secondary sources, such as commentaries and analyses that offer insight but do not carry binding weight. This distinction is crucial because attorneys rely on primary sources for accurate legal arguments in court, while secondary sources are invaluable for gaining context or understanding complex areas of law. Knowing when to use each type enhances the effectiveness of legal arguments.
• Understanding case law is fundamental to effective legal research as it provides insight into how courts interpret statutes and regulations. This knowledge allows legal professionals to predict potential outcomes based on precedent. In real-world scenarios, attorneys utilize case law to construct arguments that align with previous rulings, enabling them to advocate effectively for their clients. Moreover, being familiar with landmark cases can significantly influence case strategy.
• The role of technology in modern legal research has revolutionized how legal information is accessed and utilized. Online databases and search engines have made it easier for both professionals and the public to find relevant statutes, regulations, and case law quickly. This increased accessibility democratizes access to legal information, allowing individuals without formal legal training to engage with the law more effectively. However, it also raises concerns about the quality of information found online and emphasizes the need for critical evaluation skills among users.

Related terms

Case Law : Law established by the outcome of former court cases, which serves as a precedent for future cases.

Statutes : Laws enacted by legislative bodies at the federal or state level, forming a primary source of law.

Legal Commentary : Analytical writings by legal scholars or practitioners that interpret and explain laws or case outcomes.

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What Is Legal Research?

By Susan Buckner, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed September 01, 2023

Legally Reviewed

This article has been written and reviewed for legal accuracy, clarity, and style by  FindLaw’s team of legal writers and attorneys  and in accordance with  our editorial standards .

Fact-Checked

The last updated date refers to the last time this article was reviewed by FindLaw or one of our  contributing authors . We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please  contact an attorney in your area .

When the U.S. Supreme Court hands down a ruling, people assume the justices base their decision on years of experience and understanding of the law. Although the Supreme Court justices know more about federal law than the average layperson, they may not know anything about the case they're ruling on. For that, they need legal research.

Legal research and writing are the heart of law practice. It isn't glamorous or dramatic. There will never be an exciting TV show about an attorney sitting full-time in a law library with a stack of old casebooks. But without legal research, there would be no law.

Definition of Legal Research

Legal research means finding answers in the law to support a legal decision or argument. Whenever an attorney makes a statement in court, they must support it with a law or previously decided case. If a law already exists or a case was decided in a particular way, other cases must follow that rule.

Types of Legal Information

There is a wide range of legal information available. Not all of it is relevant to all areas of law. The legal issue raised by your case determines the information to research. In general, state laws and regulations support pleadings and legal documents. Federal laws support legal issues that are "novel" or lack precedent.

There are three general categories of legal information:

• Primary, or binding , law is law codified in constitutions, statutes, regulations, codes, treaties, and case law.
• Secondary sources explain primary law. These sources are not legally binding but help understand the purpose of primary law. These include bar association articles, journals, practice guides, legal treatises, and annotations.
• Nonlegal or supplemental sources , such as investigative articles, news reports, blogs, and other material, can support legal advice in some areas of law.

When a legal professional takes your case, they begin by researching secondary sources to see what might apply to the facts of your case. For instance, if you have a real estate dispute over property lines, the attorney might review how property disputes have been handled in your jurisdiction. Different counties may have other agencies that oversee property boundaries.

When the attorney knows what laws to research, the next step is to review primary law to find the codes and case law that will support your claims. In some cases, such as property law, attorneys must do legal research on older statutes. Property cases can depend on the laws at the time of the original deed.

The U.S. legal system is based on precedent. That means that when a case's facts and legal issues are similar to a previously decided case, the judge should follow the ruling in the previous case. There are two types of precedent:

• Binding precedent , meaning the judge must follow the previous ruling. Decisions handed down by the U.S. Supreme Court are usually binding precedents.
• Persuasive precedent , meaning the judge may follow the ruling but is not required to. Most case law is persuasive precedent. If an attorney can present sufficient grounds for distinguishing a case from the precedent, the judge may rule in their favor.

Stare decisis , or "to stand by the thing decided," is a doctrine whereby judges must adhere to previous decisions. Vertical stare decisis refers to decisions handed down from higher courts. Horizontal stare decisis refers to decisions made by courts within the same jurisdiction. In general, Supreme Court and appellate court decisions carry more weight than circuit court decisions.

How To Do Legal Research

You don't need law school to do legal research. If you have a legal problem and want to know more about it, online legal research tools have made research easier for the layperson. Useful services like Westlaw, LexisNexis, and even Google can be good online research sources.

Before you jump into legal research, you should ask for some help. You need to determine the area of law you're researching. Some types of law need special research skills. An attorney should oversee tax law, intellectual property, or personal injury law. On the other hand, the parties involved can do some types of family law, such as a simple dissolution.

Steps of legal research include:

• Identify your legal problem. What do you need to research? Are you trying to research a title deed, or do you need to modify a child support order?
• Find a legal research tool that will work for you. It might be Google, or it might be an online legal research service such as FindLaw.
• Enter your legal issue. All legal research tools have a search function that lets you enter your query in plain language.
• Once you've done your secondary research, you can begin your primary research. Now, you may need legal assistance from an attorney.

How Your Attorney Uses Legal Research

If you go to a law office for help, the attorney or paralegal will do more research on your case. They will be looking for precedent and caselaw described above. Then, the attorney (or, more likely, the paralegal) will write the first legal documents in your case.

For instance, if you claim your neighbor's fence is encroaching on your property, the complaint will include a copy of your deed with the original survey lines. It will include the original plat map of the development. It will also include a citation to case law in your state about adverse possession claims for properties transferred before a certain date. After that date, the state changed the laws for adverse possession. This means your neighbor cannot claim adverse possession because the fence hasn't been there long enough. That is how precedent and legal research work.

Legal researchers carry out this research in almost every area of law. Corporate lawyers conduct legal research to determine if a proposed policy would expose the company to liability. Businesses have legal departments to research employment laws and workplace safety codes. Government agencies have their own attorneys and collaborate with freelance lawyers to assess the effect of environmental regulations. The work done with legal research is almost endless.

Learn More About Legal Research From an Attorney

You may need an attorney if you've started your research and can't go any further. If your legal issue needs more research than your research skills can manage, contact  a lawyer in your area  who can advise and help with your problem.

Can I Solve This on My Own or Do I Need an Attorney?

• Criminal cases, personal injury lawsuits, and child custody cases need an attorney's help
• Business contracts, estate planning, paperwork review, and real estate legal issues may benefit from an attorney's help
• Some small claims court, traffic tickets, name changes, neighbor disputes, and more minor legal issues can often be handled on your own

Not all bad situations require a lawyer. And some good circumstances can be even better with an attorney's help. An lawyer can offer tailored advice and help prevent common mistakes.

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A Step-by-Step Guide on How to Do Legal Research

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When it comes to the practice of law, we often think about court appearances. But crafting a winning legal argument requires a lot of research.

Well-conducted legal research empowers your arguments and gives substance to your legal work, leading to a better outcome for your clients.

To become a pro, you need to understand the tools available to you, and developing a research strategy. Learning to conduct effective legal research isn’t glamorous. That said, it will save you time while helping you conduct stronger outcomes.

This guide reviews the fundamentals of the legal research process, including what sources you should turn to—and when. We’ll also discuss how and why you should check that you’re using “good” law, and offer tips for how you can improve your legal research skills—at any stage in your career.

Click here to watch our on-demand webinar with our lawyer in residence, Joshua Lenon, to learn how to take your legal research to the next level. 

What is legal research?

Legal research involves identifying, finding, and cite-checking information and applicable laws needed to support your legal decision-making. The primary and secondary legal sources for this research include statutes, constitutions, regulations, court orders, and more.

How to do legal research

While the techniques and tools you use may vary, the goal of legal research is simple: You want to find the relevant information and resources (i.e. laws) that apply to the facts of your case, so you can support legal decision making.

With this in mind, the legal research process can be broken down into three basic elements:

• Understanding the key details and questions of your legal issue
• Finding laws and information to support your legal argument checking that what you’ve found is still relevant
• Achieve your research goals in seven easy to follow steps:

Gather critical information about your legal issue

When presented with a legal issue, it’s natural to want to dive in and start looking for cases. But it’s in your best interest to first collect key details about the legal issue at hand.

Pausing to gather and record critical details (like the who, what, when, where, and how of your case) lays the foundation for a more focused, streamlined legal research process.

Establish your legal issue and your goal

Next, use your case’s critical information to pinpoint your legal issue. By establishing legal issues and your client’s ideal outcomes before you start researching, you can construct a well-defined framework that allows you to:

• See what you know about your legal issue—and what you need to find out
• Narrow the field of potential search terms
• Identify the jurisdiction you need to focus your research within

Learn and understand the precedent in your jurisdiction

While researching, pay special attention to the geographical location where your legal issue will be resolved. Is the precedent controlling already in your jurisdiction? Or is it merely a persuasive precedent that has not yet been adopted in your jurisdiction?

Determine the type of legal sources you need

Each of the three types of legal sources you’ll work with has a purpose in the legal research process. Here’s a quick overview:

Primary legal sources are key to legal research because they establish the current law on whatever legal issue you’re working with. You can find primary sources by searching legal research databases like Fastcase or Casetext , include:

• Federal and state constitutions
• Statutes or legislation (such as laws enacted by legislative bodies like Congress and state legislatures)
• Regulations (such as rules or regulations made by either federal or state agencies)
• Annotations
• Case law (such as court opinions or decisions issued by federal or state courts)

Secondary legal sources explain or interpret legal principles in detail, or summarize the current state of the law—giving a better understanding of a particular area of law. These sources are also useful for identifying primary sources for your case (more on that later). Examples include:

• Law review articles and journals
• Practice guides
• Legal treatises

Learn more about the best free legal research tools available.

Begin your legal research with secondary sources

When it comes to legal research sources, start in the middle with secondary sources.

In addition to providing important background information on your legal issue, secondary sources save time: Instead of starting from scratch, you can leverage the expert work that’s already been done.

Think of it this way: In order to create and publish the material, experts had to go through a legal research process themselves. If a secondary source is reputable, the writer reviewed all of the available primary resources to determine what was most applicable. So, by noting the primary sources that are cited in law reviews, law journals, and case-law documents, you can take advantage of the research already done.

Note: Also keep in mind that useful cases don’t necessarily have to have the same legal outcome as your goal. If you find relevant case law where the outcome didn’t match your client’s desired outcome, you shouldn’t necessarily disregard it. If the laws are aligned, you can use that case to show how the fact patterns in your client’s case are different to strengthen your own argument.

Check that you’re using “good” law

Another key step to legal research is verifying that any cases and statutes you come across in your legal research are still “good” law—that is, that any legal decision you’re looking to is still valid and relevant. Using an overruled or unconstitutional statute won’t help you win your case.

Can older cases be “good” law?

While more recent cases are preferred (after all, they’re more likely to reflect the current legal changes that could impact the case law—and are thus less likely to have been rendered obsolete), recency isn’t mandatory.

A decades-old case could be considered “good” law—if it hasn’t been overruled in court or otherwise made irrelevant, an older case that fits with your case’s fact pattern and applicable law could be helpful.

Verify you’re using “good law” with a citator

How can you check if you’re using “good” law? Use a citator. Citators let you verify a case’s authority by giving you a cataloged list of cases, statutes, and legal sources—along with a history and precedential value for those sources—so you can then check that it hasn’t been overruled, questioned, or made irrelevant.

When using a citator, focus on the negative material (by checking a case in a citator, you can look for flags that indicate any negative history). Specifically, use a citator to check that you don’t miss a case that invalidates your argument—which could undermine your credibility.

Major legal databases all have their own citator tools. For example, Casetext offers SmartCite , which “uses a system of flags to indicate the treatment of cases.” Casetext can also “help you evaluate whether a case is good law and find other relevant cases citing that opinion.”

Report your results to check for gaps

Compiling your research into a legal memorandum is a necessary part of conducting legal research, as it allows you to identify any gaps in information that may present consequences at a later stage. Legal writing presents challenges within itself, and it’s not a bad approach for you to supplement your legal case research with a book from a local law library on how to present your findings. Generally speaking, a legal memorandum does five things:

• States the facts of the case
• Identifies the issue
• Applies “good” law to the facts
• Predicts any counterpoints
• Makes an assessment of the outcome of the case

How can I improve my legal research skills?

Whether you’re new to legal research or you’ve conducted legal research for years, once you have a solid understanding of the process, take advantage of strategies and tools to maximize legal research efficiency. Here are three strategies to consider:

Conduct more efficient research remotely

In the past, the legal research process was arduous—partly because it tied the researcher to a physical location—whether that was a local law library or a law office computer—to access resources through legal databases.

Today, online legal research software can be used remotely when integrated with a cloud-based practice management software like Clio Manage. Having the flexibility to research from anywhere streamlines the legal research process and enhances efficiency. Here are a few examples:

• By signing into an online legal research service like Fastcase with Clio, for example, you can remotely access resources and primary sources like cases and statutes, as well as secondary sources like law review articles. CourtTrax provides real-time online access to State and Federal courts across the United States. With CourtTrax’s Clio integration, you can link your search results to specific client matters, and have the results injected directly into Clio as a document.
• Cloud-based online research software like Tracers lets you search for pertinent information (such as contract information or social media activity) remotely. You can also request a Tracers search directly from a matter in Clio for an even more efficient process.

Double-check your memos and briefs with advanced legal research AI

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Effective legal research needs to be thorough and accurate—which, traditionally, is time-consuming. Legal research AI can help speed that process up without sacrificing the quality of your research.

Here are a few tools to help streamline your legal research process:

• ROSS Intelligence is an AI-driven legal research platform with an automated review tool that allows you to do more thorough research in a fraction of the time. ROSS lets you highlight statements in your pleadings and briefs to instantly search for cases and statutes discussing similar points of law. You can also use ROSS to identify negative case treatment in your pleadings and law briefs—without the manual searching.
• Casetext’s CARA artificial intelligence search technology and automated review tool enhance and speed up your legal searches. You can use Casetext to start your research with a complaint or legal brief from a matter in Clio to find highly relevant, tailored search results and resources. Casetext will not just find authorities on the same facts and legal issues—it will also find them in the same jurisdiction. Casetext’s citator functionality also makes it easier to check and flag any bad law.

Document your research with secure, cloud-based fact management software

Don’t let your research go to waste or let facts slip through the cracks because of a poor documentation system. By using secure, cloud-based fact-management software, you can record your research in an efficient, organized, and accessible way.

Software like Clio Manage and apps like FactBox , for example, keep you organized by connecting all the facts, notes, and ideas in your cases. Using this type of tool helps you prepare for depositions, hearings, client briefings, and trials faster—and with more confidence that you aren’t missing facts.

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Clio’s series f funding: how it benefits you, a lawyer’s guide to motion hearings, a lawyer's guide to post-trial motions, lawyer depression: recognizing the signs and dealing with it, final thoughts on how to conduct legal research.

Whether you’re a student in law school or an experienced attorney, learning how to do thorough legal research (or how to enhance your existing legal research process) is a skill that can give you a competitive advantage.

Learning great legal research techniques—from developing a more efficient research process to adopting cloud-based tools to conduct better, faster, and smarter legal research—helps you better support your cases, and clients.

Explore how you can conduct more efficient legal research with Clio Manage and the host of Clio software integrations .

How do you do legal research?

Lawyers conducting legal research often consult online legal databases, such as LexisNexis and Westlaw. They might also pore over print resources, case law reports, statutes and regulations, and secondary resources (such as legal encyclopedias, dictionaries, and treatises). That said, there’s no one-size-fits-all process.

How do I start a legal research paper?

Start by determining your topic—this should be specific and something you find interesting. Then, conduct the necessary research to form a well-supported thesis. Create an outline to structure your thoughts before writing an introduction, body paragraphs, and conclusion. Finally, edit and proofread.

How to do legal research as a paralegal

First, ensure you understand what you’re researching. Then, start with secondary sources (law reviews, practice guides, and treatises), consulting a citator to ensure it’s “good” law. Lastly, fill in any gaps with primary sources, including constitutions, treaties, regulations, and case law.

We published this blog post in October 2020. Last updated: November 15, 2023 .

Categorized in: Uncategorized

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Legal research.

Legal research is research conducted in order to find " authority " that will aid in finding a solution to a legal problem. 

• Examples are statutes , regulations , court orders , and court decisions . They are generated by  legislatures , courts , and administrative agencies . 
• The resources available to find legal authority are vast and complicated, leading many law schools to require students to take a class in legal research. See  Legal education .

Finding tools enable a researcher to find and interpret legal authority. Initially, many researchers turn to tools that provide summaries of a particular area of the law. Some examples are legal encyclopedias, treatises , and the  American Law Reports  ( ALR ). Law reviews and legal periodical articles provide interpretation of the law as well as detailed articles on particular legal topics. These interpretations may be found through indexes such as the  Index to Legal Periodicals . Restatements provide detailed summaries of what the law generally is or what the restatement writers believe the law should be. The citations to other authorities and annotations provided in legal encyclopedias, treatises, American Law Reports, law reviews, and legal periodicals are an important element of their value in the research process.

There are also several specialized finding tools that enable one to search for relevant materials in primary authorities. The index volumes for statutes and regulations compilations provide a quick guide to relevant rules and regulations. There are also privately published versions of annotated statutes. Case reporters contain the decisions in cases that have been deemed important enough to publish . Case digests enable a researcher to look up a particular area of the law and find a list of case decisions that are "reported" in relevant case reporters. If one has the common name of a law (e.g.,  The Lanham Act ), a popular name table can provide a quick reference to where the law can be found in the statute compilation. There are also conversion tables that allow one to link a statute to the bill from which it developed and the commentary surrounding its approval.  Shepard's Citations  provides references to when cases and law review articles were cited by another source.

See also: Intro to Basic Legal Citation ; Cornell University Library - Introduction to Legal Research

[Last updated in June of 2023 by the Wex Definitions Team ]

• ACADEMIC TOPICS
• legal education and writing
• THE LEGAL PROCESS
• legal practice/ethics
• legal education and practice
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Law 627: Legal Research: Unit 1: Overview

Unit 1: overview.

• Unit 2: Planning & Process
• Unit 3: Courts
• Unit 4: Cases
• Unit 5: Statutes
• Unit 6: Regulations
• Legal Encyclopedias
• Restatements, Uniform Laws & Model Acts
• Legal Periodicals
• American Law Reports
• Unit 8: Intermediation
• Unit 9: Searching
• Unit 10: Putting It All Together

This page will provide you with an overview of legal information and introduce you to the sources of American law.

At the end of this lesson you should be able to:

• List the four sources of American law
• Recognize and classify primary and secondary sources of law
• Summarize the uses of primary and secondary sources of law

Unit 1: Readings

Principles of Legal Research (3rd Ed.), Ch. 1, pp. 1-13 ( § 1.1)

Legal Research in a Nutshell (14th Ed.), Ch. 1, pp. 1-14  (through § 1-5)

What is Legal Research?

An initial step in developing legal research expertise is to develop an understanding of the types of materials that constitute "the law," and of the relationships between these materials. When researching a legal issue, it is often necessary to explore statutes (legislative enactments), cases (opinions of the judiciary), and/or regulatory materials (administrative agency regulations and decisions). All these types of materials are considered "primary sources." Additionally, most resources look at at least one supplementary resource, called "secondary sources," to aid their research process.

A common, and sometimes significant, challenge for a novice researcher is to gain a perspective on how such sources may apply to a particular subject matter and how they relate to each other. Typically a researcher will need to consult multiple sources and utilize different techniques for each type of resource. To further complicate the matter, a given problem may require a researcher to consult relevant materials may on any or all of the federal, state, or local levels.

With all this in mind it is easy to see why the structures, terminology, resources, and vocabulary are an essential starting point for anyone looking to learn about legal information.

**Quoted from J. Myron Jacobstein and Roy M. Mersky, Fundamentals of Legal Research, 8th ed. (Foundation Press, 2002) p. 1.

Video: Three Ring Government

Mandatory and Persuasive Authority: A diagram

Outline of American Law

When most people think of "the law," they think of those laws that are passed by the legislature. In reality, the American legal system is a complex interplay of different types of law coming together to create a complete legal framework. These types of law typically follow the structure of American government, with laws being created by the legislative, judicial, and executive branches. Understanding each of these branches, their respective roles, and how they work together, is essential for legal research.

In the United States, the four sources of law, in the chronological order  in which they are initially created, are:

• Constitutions :   establish the form of government and enumerate its powers, as well as the rights and liberties of its citizens. In the United States, constitutions are the highest legal authority at both the federal and state level.  
• Statutory Law (legislation) : laws passed by an elected legislative body, such as the United States Congress or the Illinois General Assembly. Legislation is generally prospective in nature, time-sensitive, and organized by topic into codes.  
• Administrative Law (regulations) : decisions, rules, and regulations made by the constitutional offices and administrative agencies of the executive branch. When authorized by enabling legislation, agencies promulgate rules that specify how they will carry out the law. These rules, or regulations, are collected into a topical code, similar to legislation.  
• Case Law / Cases (court opinions / court decisions / common law) : is created by the courts through the assembled, published appellate decisions of a jurisdiction, and is mandatory (or binding) law on the lower courts in that jurisdiction. Courts only make law on the cases brought before them. Thus, case law is reactive in nature, made in response to a dispute, and restricted to the boundaries of that dispute.

Primary and Secondary Sources: What are the differences?

When discussing legal sources, it is important to know the difference between primary and secondary  sources.

Primary sources are those resources which are the law itself . That means a primary source is one of the four sources listed above. Lawyers use primary authority to determine what the law says about a given matter. Identifying and aggregating these materials in order to solve legal problems is what legal research is all about.

Primary sources can be mandatory (or binding) or persuasive. Mandatory authority is the term used for constitutions, cases, statutes, or regulations the court must follow. A primary source is mandatory when it is binding in a given jurisdiction. For legislative and administrative materials, this is often easy to figure out: Illinois statutes are mandatory or binding in Illinois. Making a determination as to whether a case is mandatory takes a bit more skill. Stated as a simple rule, the concept is lower courts are required to follow decisions from higher courts in the same jurisdiction.

Primary sources can also be persuasive authority. The term persuasive authority refers to any material the court may choose to follow or consider, but which the court does not have to adhere to when making its determination. Thus, primary law from another jurisdiction or a lower court may be used as persuasive authority.

Secondary sources are those materials which analyze, editorialize, summarize, or comment on the law. These materials do not have the force of law, but can be very helpful to legal researchers. While these materials are not usually used to support arguments in the way primary materials are, they can be cited for persuasive value. More importantly, these sources can help legal researchers understand the area of law in which they are researching and even connect them to valuable primary sources.

Secondary sources are always persuasive and are rarely cited to the court, save a select few types of secondary sources.

When conducting legal research, it is important to be mindful of the differences between primary and secondary sources. This concept will be discussed further in other units.

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• Next: Unit 2: Planning & Process >>
• Last Updated: Sep 6, 2023 11:47 AM
• URL: https://libguides.law.illinois.edu/Law627

University Library

LAW 627: Introduction to Legal Research: Home

• Unit 1: Overview
• Unit 2: Courts
• Unit 3: Cases
• Unit 4: Codes
• Unit 5: Regulations
• Legal Encyclopedia
• Restatements, Uniform Laws & Model Acts
• Legal Periodicals
• American Law Reports
• Unit 7: Intermediation
• Unit 8: Searching
• Unit 9: Planning & Process
• Unit 10: Putting It All Together
• Exam Info. & Review Tips

Sections & Course Pages

This LibGuide is a resource for all LAW 627 students. This guide is the best resource for answering questions about studying legal research.

For specific course information and additional resources posted by your professor, use the links below to access the individual course page assigned to your section. [You will be prompted to login to the College of Law intranet.]

Section1: Prof. Healey

Section 2: Prof. Simmons

Section 3: Prof. Healey

Section 4: Prof. Davidson

Section 5: Prof. Dewey

WELCOME TO LAW 627

Welcome to the LAW 627 LibGuide. This semester you will be introduced to and practice the skills needed to search for relevant legal authority, both in print and electronic forms. These skills and conventions include how to find, choose, and cite to appropriate authority; how to evaluate legal resources; the ethical use of information in the law; and the legal research process.

This guide will serve as the main resource for class preparation and exam review in your Legal Research course. Specific course information can be accessed through the College of Law course page for your professor. Links to individual faculty course pages for LAW 627 are located in the left-hand column of this page.

In addition to the information outlined within the LibGuide itself, you will find a variety of external links and resources. You may find other texts, websites, and resources will be helpful supplements to this guide and your coursework.

Importance of Legal Research

Legal research plays a primary and important role in a lawyer's job.

In fact, legal research provides the necessary grounding for almost all legal work. Effective legal research will directly affect the outcome of your client's legal problem. A lawyer cannot advance the strongest argument if they cannot find the strongest legal support for that argument. Lawyers have an ethical obligation to their clients to be thorough and efficient legal researchers. Efficiency in legal research can be defined as (1) the best possible result, (2) in the least possible time, (3) at the lowest possible cost. Efficiency is achieved through knowledge of research techniques and practice over time.

Ineffective or incompetent legal research can not only hurt your client, but can lead to discipline, civil liability, or even disbarment for you. For an example of how this could happen, read Deters v. Davis, 2 011 WL 2417055 (E.D. Ky. June 13, 2011).

Legal Research Books & Study Aids

If you want to read more or simply prefer a good old fashioned book, check out our library catalog.

• Finding & managing legal information on the Internet by David P. Whelan. Call Number: K87 .W54 2010 ISBN: 9780888045065 Chapters include The web browser, Browser search, Extensions, add-ons and plug-ins, Web search, Information sources, Monitors and current awareness, E-mail management, Research organization and retrieval, and Mobile research.
• Finding & managing legal information on the internet by David P. Whelan Call Number: K87 .W54 2012 ISBN: 9780888045652 This text will help you stay on top of technological trends, monitor current awareness resources, and organize your research for quick retrieval in the future.

• Finding the Law 2005 by Robert C. Berring; Elizabeth A. Edinger Call Number: KF240 .B45 2005 ISBN: 0314145796 Publication Date: 2008-03-18 A marriage of the newest forms of legal research and the underlying principles of legal information, Finding the Law provides a comprehensive treatment of print and digital sources of legal information.

• International Legal Research by Marci Hoffman; Robert C. Berring Call Number: KZ1234 .H64 2008 ISBN: 0314163247 Publication Date: 2008-04-30 This Nutshell provides a basic introduction to international legal research for the non-specialist. It offers guidance through the unfamiliar pathways of research using international legal materials and demystifies the world of treaties.

• The Lawyer's Craft by Cathy Glaser Call Number: KF240 .L374 2002 ISBN: 1583607870 Publication Date: 2002-01-01 The authors of this innovative book take the specific skills required to write a memo or brief and divided them into discrete building blocks that can be more easily absorbed by students.

• Legal Research and Writing Across the Curriculum by Michael D. Murray; Christy H. DeSanctis Call Number: KF240 .M87 2009 ISBN: 1599413981 Publication Date: 2009-05-15 This book is designed for the current generation of law students whose familiarity and comfort with on-line and computer-based learning create a demand for teaching resources that take advantage of that familiarity and comfort level.

• Mastering Statutory Interpretation by Linda Jellum Call Number: KF425 .J455 2008 ISBN: 9781594603143 Publication Date: 2008-08-01 Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation.

The Law Library

Legal Citation

Legal citation is the practice of crediting and referring to authoritative documents and sources. In this course, and in many legal contexts,the citation format will follow guidelines set in The Bluebook: A Uniform System of Citation (20th ed.).

• LibGuide on using the Bluebook citation format Full guidance and additional resources on using the Bluebook to create and understand legal citations.
• Next: Unit 1: Overview >>
• Last Updated: Jan 20, 2023 12:03 PM
• URL: https://guides.library.illinois.edu/LAW627

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Legal treatises

Third, there are legal treatises, which can be considered comprehensive analyses of a single area of law. These  publications, written by leading solicitors , examine and explain complex legal topics at length. They help researchers navigate intricate legal topics by providing in-depth talks.

Legal commentaries

Fourth, legal commentaries provide insightful analysis of relevant statutes, court decisions, and legal principles. Researchers can better understand the effects of legal decisions and developments with the assistance of historical background, interpretations, and explanations provided by legal commentaries.

Case digests

Like a curated collection, case digests compile the most significant legal cases pertaining to a given topic. Researchers appreciate the concise summaries and highlights of these cases provided. If you’re looking for a  summary of case law  in a given field of law, a case digest is an excellent resource.

AI as a trusted source in legal research

The  next generation of AI in legal research  goes beyond traditional keyword searches by including more mature and reliable LLM capabilities. These systems are  getting better at finding useful data and gleaning insights from thick volumes of case law, statutes, and regulations.

The question of trust and reliability is important since establishing trust in AI is essential. Large language models (LLMs) are an advanced form of generative AI and lie at the center of this debate.

“ LLMs are trained by using vast amounts of data from a range of sources, including books, blogs, news articles, Wikipedia information, social media posts, and other website content. LLMs are general purpose models that ‘understand’ a wide variety of domains and language constructs because of the diversity of the data on which they are trained. “

– Expert Q&A on ChatGPT, Generative AI, and LLMs for Litigators

The scope of AI’s capabilities includes keeping tabs on the latest case law, optimizing workflow, and equipping staff members who aren’t lawyers to answer basic legal questions.

For overworked in-house counsel, AI can be a lifesaver. AI bridges the gap between insufficient resources and prohibitively expensive outside help, making legal research more widely available, more efficient, and less expensive.

The following three points apply to litigators across industries:

1. AI aids in understanding the broader context and potential ramifications of legal issues by recognizing trends, links, and anomalies in court judgments and statutes.

2. The ability to predict outcomes through predictive analysis and risk assessment is like having a virtual crystal ball. Like a watchful assistant who indicates potential dangers and advantageous terms, AI’s capacity to discover legal risks and opportunities in contracts and papers is akin to this.

3. More time and energy to  improve the substance and strategy  of legal work product instead of spending hours upon hours on the drafting and reviewing processes.

The risks without human oversight

Litigators need to be aware of LLMs current propensity to generate incorrect responses and create false impressions. LLMs can yield misleading information, even for straightforward inquiries. They may extract details from an irrelevant jurisdiction or an outdated case law, for instance.

Therefore, litigators should exercise utmost prudence. Professional judgment to verify and assess the accuracy of the outcomes is imperative.

Other sources

The Internet’s widespread availability has made it a convenient tool for conducting legal research. Google and other search engines are excellent places to begin when looking for broad overviews, recent legal developments, and fundamental legal ideas.

Legal knowledge in libraries is still a valuable resource. Law students still prefer and need access to a law library’s comprehensive collection of books, periodicals, legal encyclopedias, and historical legal documents.

Professional research tools

Legal research technology is integrating LLMs like GPT-4 to boost litigator performance. However, their use requires careful consideration by attorneys. As LLMs are trained to perform legal research using mature legal content sets, these systems are becoming more prevalent.

The advanced search tools on these tools greatly improve the speed and precision with which legal professionals may find the information they need.

A synthesis of sources

Integrating digital research tools with traditional library materials is highly recommended. In addition to the breadth and trustworthiness of print materials, many libraries now provide online access to these same resources.

When combined, these digital and physical resources provide legal scholars with an unparalleled set of resources. Legal technology like Practical Law and Westlaw offer targeted and authoritative legal knowledge, while the Internet provides broad information. The ability to efficiently, accurately, and thoroughly understand the complexities of the law may require both free resources and digital tools .

Back your research with Westlaw content and Practical law editors

Expert attorney editors maintain and regularly update a comprehensive database covering all major areas of law, making Practical Law an indispensable resource for practicing lawyers. In addition to the standard fare of legal encyclopedias, this invaluable resource also includes supplementary readings that will deepen your understanding of the law.

AI-Assisted Research on Westlaw Precision with CoCounsel is built on our market leading content, utilizing our long history and expertise in AI.

Practical Law and Westlaw essentially show how tech progress and legal expertise can work together, transforming and boosting the impact of legal research for your firm or legal department.

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Northern Illinois University College of Law David C. Shapiro Memorial Law Library

• University Libraries
• David C. Shapiro Memorial Law Library

Basic Legal Research

• Commonly Used Legal Terminology
• Welcome to Basic Legal Research!

Legal Dictionaries

Legal terminology: general terms, legal terminology: case law, legal terminology: codes, statutes & administrative law.

• Court Systems & Legal Authority
• Fact Pattern Analysis
• Secondary Legal Sources
• Understanding Case Citations
• Case Law Reporters
• Using Digests to Find Case Law
• Statutes & Codes
• Illinois Administrative Materials
• Federal Administrative Materials
• Terms and Connectors Searching
• Creating/Determining the "Best" Online Search
• Integrating Print & Online Resources
• Updating Your Research Using Shepard's & KeyCite
• Illinois Legislative History
• Federal Legislative History
• Appendix: Illinois Materials
• Appendix: Sample Bluebook Citations
• Appendix: Study Aids

Need more help? Contact us!

• Law library faculty & staff directory
• Schedule an online appointment with a Reference Librarian (Limited to College of Law students, faculty and staff)
• Law library home page

• The Law Library has several print legal dictionaries available. One of the most frequently used is Black's Law Dictionary , 10th ed. (copies on Reserve and located elsewhere in the library)
• The major legal databases ( Bloomberg , Lexis , Westlaw ) have online legal dictionaries (login required to access)
• Law.com has a free online legal dictionary .
• Words and Phrases is a useful source similar to a dictionary. It provides judicial definitions of legal and non-legal terms. Information is compiled from headnotes containing judicial definitions. It is useful for discovering if any court, or a specific court, has ever defined a term or phrase. The Law Library's print copy (KF 156 .W57) is no longer updated as of 2015, but an up-to-date online version is available on Westlaw .

Analogize: To take the facts, rationale or argument of a written decision and explain how the argument relates to your case/issue.

Citation: A reference to a legal precedent or authority (primary or secondary) such as a case, statute or treatise. Case citation: The alpha numeric identifier provided to enable researchers to locate written decisions. The format usually consists of a volume number, the abbreviated reporter name, and a page or paragraph number. (e.g. 268 N.E.2d 1247)

Citators: A tool used in legal research to update legal authorities by listing their subsequent history and treatment. Also provide additional research references to primary and secondary resources citing your original document.

Civil Law: The body of law imposed by the state; the law of civil or private rights; a civil law system relies on codes that provide explicit rules of a situation. A judge's decision in a civil law system does not become binding or form a precedent. Many European countries are civil law countries.

Constitution: A type of primary authority that is a set of principles that a country or state is governed by. Constitutions generally establish the branches of government, the scope of powers for each branch, and a set of guaranteed civil rights and civil liberties.

Criminal Law: The body of law defining offenses against the community at large, regulating how suspects are investigated, charged and tried, and establishing punishment for convicted offenders.

Court Rules: Rules that control the operation of the courts and the conduct of the litigants appearing before the court.

Distinguishing an Authority: Taking the facts, rationale or arguments of a written decision or other primary authority and showing the differences between that authority and your case, even if on the surface they seem similar.

Federal Jurisdiction: A federal court's power to hear matters. Under this type of jurisdiction federal courts may decide a question of civil and/or criminal federal law.

Index: An alphabetical listing of items (topics or names) available in the resource along with an indication of where each item may be found within the work. This finding tool is available in both print and electronic resources.

Hypothetical: Discussion of a legal principle based on a fictitious or assumed set of facts.

Mandatory (Binding) Authority: A primary legal authority that is binding on a court. Jurisdiction and court level determine whether a primary legal authority is mandatory or persuasive.

Moot Court: A fictitious court held, usually in law schools, to argue hypothetical cases, especially at the appellate level.

Persuasive Authority: A primary or secondary authority. The legal authority is not binding on a court, but the court may still rely on the authority when making its determination. Jurisdiction and court level determine whether a primary legal authority is persuasive or mandatory/binding. Secondary authority is always only persuasive.

Pinpoint Citation: The page on which a quotation or relevant passage appears, as opposed to

the page on which a case or article begins.

Procedural Law: Rules that describe the steps for having a right or duty judicially enforced,

as opposed to the law that defines the specific rights and duties themselves.

Primary Legal Authority: Authority that issues directly from a lawmaking body such as constitutions, legislation, regulations, and the reports of litigated cases (court opinions) among others.

Relevance: Relation or pertinence to the issue at hand.

Relief: The compensation (monetary or other- e.g., injunction) or benefit that a party asks of another party, sometimes received through settlement and other times received through the courts.

Secondary Legal Authority: Authority that explains the law but does not itself establish the law, such as a treatise, annotation, or law review article among others.

State Jurisdiction: A state court's power to hear matters. Under this type of jurisdiction state courts may decide a question of civil and/or criminal state law.

Socratic Method: A technique of law school instruction, whereby a professor questions one or more students, building on each answer with another question.

Substantive Law: The part of the law that creates, defines and regulates the rights, duties and powers of parties.

Table of Contents: Usually located at the beginning of the work, it provides a list of chapters/sections within the work, often in outline form, and the page numbers where the topics for each chapter/section begin. Some resources provide tables of contents for each chapter. Electronic resources provide them through a separate link. This finding tool is available in both print and electronic resources.

Uniform Laws: An unofficial law proposed as legislation for all the states to adopt exactly as written, the purpose being to promote greater consistency among the states.

Appeal: To seek review by a higher court. (e.g. appeal trial court decisions to the appropriate higher court; appeal appellate court decisions to the appropriate highest court.)

Appellant: One who brings the appeal of the lower court decision (the loser in the lower court).

Appellate Briefs: Written argument submitted to the appellate court in support of a position on appeal (not the same as a case brief).

Appellee: One against whom the appeal is brought and must respond to the appeal (the winner in the lower court). Also called respondent.

Case: Generally used in law to refer to the written decision of a court.

Case Law: All reported decisions within a jurisdiction. May consist of common law decisions as well as judicial decisions interpreting statutes, regulations, constitutions etc.

Case Reporters: Court opinions that are gathered together and published in chronological order. The books containing these cases are called case reporters. Even though most cases are available online, they are still organized and cited to according to the print reporter system. Cases are primary sources regardless of publication in an official or unofficial reporter, the case decision is the primary source. Case reporters can be official or unofficial.

• Official Reporter : The governmentally approved publication reproducing reported cases within a given jurisdiction. The official reporter is the reporter that should be cited when submitting documents to the court.
• Unofficial Reporter : Reporters published by commercial publishers (West, Lexis, BNA) in either print or online formats, reproducing the reported decisions within a given jurisdiction. Commercially published reporters are considered unofficial reporters.

Citator: A tool used in legal research to update legal authorities by listing their subsequent history and treatment. With case law, legal citators indicate when a case has been cited by a later case, and what effect, if any, the later citation had on the original case.  The three main citators are Shepard's on Lexis, KeyCite on Westlaw and Bcite on Bloomberg Law.

Common Law: The body of judge-made law having no basis in statutes. NOTE: Case law that interprets a statue is NOT common law.

Common Law Tradition: The basis for the American legal system where courts create rules called common-law rules and those rules govern future cases in that particular area. For example, Tort cases are governed by common law rules.

Concurring Opinion: A separate written opinion explaining a vote cast by one or more judges in favor of the judgment reached, often on grounds different from those expressed in the opinion explaining the judgment.

Defendant: A person sued in a civil proceeding or accused in a criminal proceeding.

Dicta: A comment by a court that is unnecessary to a decision and therefore not precedential. There are several types of dicta in Black's. You do rely on judicial dictum, but dicta is actually short for obiter dictum. Judicial dictum is considered binding by courts while obiter dictum is not.

Digest: A case finding tool that organizes cases by subject. Within each subject digests provide summaries of cases that discuss the law on that subject. Digests allow you to find cases on a particular point of law in a particular jurisdiction. Online services also provide digests for particular topics.

Dissenting Opinion: An opinion by one or more judges who disagree with the decision reached by the majority.

Docket Number: Courts assign each newly filed action with a number. The number usually refrences the year the case was commenced followed by a series of numbers or letters that represent the type of action (civil, criminal, family court, etc.) or location of filing.

Federal Circuit Courts: The appellate court level in the federal court system. There are 13.

Federal District Courts: The trial court level in the federal court system. There are 94.

Headnote: A brief summary of a specific point of law decided in a case. Headnotes appear before the judicial opinion, and are generally written by a publisher's editors. Headnotes are a great research tool, but are not considered legal authority and should never be cited to.

Illinois Circuit Courts: The trial court level in the Illinois state court system. There are 24.

Illinois District Courts: The appellate court level in the Illinois state court system. There are 5.

Intermediate Appellate Courts: Appellate courts that are in the middle of the judicial hierarchy in a jurisdiction, they are above the trial court and below the highest court/court of last resort. Their opinions are binding on the courts below them (trial courts).

Judge: A public official appointed or elected to hear and decide legal matters in court.

Judiciary: The branch of government responsible for interpreting the laws and administering justice; a body of judges.

Justice: A judge, especially of an appellate court.

Litigation: The process of carrying on a lawsuit; the lawsuit itself.

Litigator: A lawyer who prepares cases for trial as by conducting discovery and pretrial motions, trying cases and handling appeals; a trial lawyer.

Litigant: A party to a lawsuit.

Majority Opinion: see Opinion.

Minority Opinion: see Opinion.

Official Reporter: see Case Reporter.

Opinion: The written decision of a court.

• Majority Opinion: An opinion joined in by more than half of the judges considering a given case.One judge writes the opinion when a majority of judges agree with the holding.
• Minority Opinion: An opinion by one or more judges who disagree with the decision reached by the majority - also called a dissenting opinion.
• Concurring Opinion: A judge who voted with the majority opinion, but writes separately because her reasoning is different.
• Dissenting Opinion: A judge who writes a separate opinion where the reasoning and the holding are different from the majority.
• Per Curiam Opinion : Literally "By the Court."  This happens when the court issues a unanimous opinion, typically on a controversial topic, so that no single author can be identified.

Opinions, unpublished : An  opin io n  is considered  publish ed unless it is specifically designated as "unpublished."   The court typically designates an opinion as "unpublished" if it doesn't add anything new to the body of law.  Courts have different rules about whether they will accept citations to unpublished opinions.  

Parallel Citation: An additional reference to a case that has been reported in more than one reporter. Example: Morgan v. United States, 304 U.S. 1, 58 S. Ct. 773, 82 L. Ed. 1129 (1938), where 58 S. Ct. 773 and 82 L. Ed. 1129 are parallel citations to the decision cited in the official reporter at 304 U.S. 1 .

Petitioner: A party who presents a petition to a court or other official body, especially when seeking relief on appeal (where the Petitioner is the Appellant).

Plaintiff: The party who brings a civil suit in a court of law.

Precedent: A decided case that furnishes a basis for determining later cases involving similar facts or issues.

Reporter: see Case Reporters.

Respondent: The party against whom an appeal is taken (appellee); the party against whom a motion or petition is filed.

Slip Opinion : The opinion issued by the court as a stand-alone document on the day it is decided, before it has been assigned a volume and page number in the official reporter.  

Star Pagination: A device, typically one or more asterisks (*), used in in cases online to designate differences in pagination of the case as it would appear in print in different reporters. 

Stare Decisis: "To stand by things decided." An American legal system doctrine of precedent under which it is necessary for a court to follow earlier judicial decisions when the same points are again in litigation.

Supreme Court: This is the court of last resort, or the highest court in the judicial hierarchy. The opinions of a supreme court are binding on all the courts below it (Trial and Appellate). Note that some jurisdictions refer to the highest court as a Court of Appeals or Court of Last Resort, e.g., in New York State the Supreme Court is not the highest court in the state.

Syllabus/Synopsis: A summary of the case.  It will usually describe the procedural posture (how the case made it to to the court) and the holding.  It is not part of the official opinion.

Table of Authorities: The list of primary authorities (cases, statutes, regulations, or constitutions) and secondary authorities relied upon in the document you are viewing.

Topic & Key Number System : A proprietary system developed by West Publishing (now ThomsonReuters) to identify related cases on a similar issue.  Each headnote in cases published by West will be assigned a corresponding topic and key number.

Trial Courts: Trial courts are at the bottom of the judicial hierarchy in a jurisdiction. They are usually persuasive primary authority. Trial court opinions bind only the parties involved in the case, other trial courts hearing similar cases are not bound by the opinions, and the appellate courts in the jurisdiction are not bound by the trial court opinions.

Code: The subject arrangement of the laws or regulations of a jurisdiction.

• Annotated Code: A publication of all the laws of a jurisdiction organized by subject matter which contains research references that include summaries of cases or citations to secondary sources that discuss that particular law. Annotated codes only contain select case law interpreting the statute, not every case ever citing the statute.
• Unannotated Code: A publication of all the laws of a jurisdiction organized by subject matter. No research references are included in unannotated codes.

Legislative History: The proceedings leading up to the enactment of a statute. This includes hearings, committee reports, and floor debates among other resources. Legislative history is recorded so that it can be used to interpret the statute at a later date. Legislative history records are available for federal statutes. Many states keep records of legislative history, but the extent of the record varies from state to state. Legislative history is considered a primary authority.

Regulation: In administrative law, a primary authority that stems from the executive branch. It is a directive issued by a government agency that implements and/or carries out a governmental policy or program. The directive must be within the agency's statutory authority.

Session Laws: A body of statutes enacted by a legislature during a particular annual or biennial session; the books containing these statutes. Maintained in public act or public law format.

Statute: A law passed by a legislative body. Often also called laws and codes.

• Federal Statute: Written laws passed by the United States Congress. Statutes are primary authority.
• State Statute: Written laws passed by the state legislature. Statutes are primary authority.

Statutes at Large: An official compilation of the acts and resolutions that become law from each session of the United States Congress. They are printed in chronological order.

Statutory Annotations: In statutory research, the term is used to refer to brief summaries of court decisions interpreting and applying statutes as well as summaries of secondary materials referencing the statutory section. These summaries appear in annotated statutory compilations, after the text of individual statutes. They are also referred to as research references.

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Free Legal Research Resources - United States

Federal law & gov't docs, secondary sources, data sources, getting help, how to use this guide.

This guide contains selected, free, online United States federal and state legal research materials.

Many lawyers have access to paid databases. Yet, combining paid and free resources, can help them to avoid potentially expensive searches. According to a 2020 Legal Technology Survey Report, nearly 60% of lawyers “say they regularly use free online resources to conduct legal research.”

• Legal Technology - ABA Legal Profile

For researchers without access to paid databases, the following resources may be essential. Legal research is often more effective when using a local law library. To learn more about law libraries throughout the United States, visit:

• Local Law Libraries by AJ Blechner Last Updated Apr 12, 2024 1280 views this year

Range of Materials

The Constitution

Statutes and Legislative Materials

Statutes and legislative materials are becoming available freely online, with increasing frequency. Free resources can be a great starting place for statutory research. However, always make sure you confirm your findings in an authoritative version of the law.

Supreme Court

Case Law and Court Documents

Federal case law and court documents are often available freely online, particularly recently decided cases. Check the website of the deciding court for digital copies of their cases. In addition, the following resources provide free case law.

Case Validation

Case involves ensuring that cases have not been overruled or negatively impacted by later caselaw. Case searching and retrieval through free databases is increasingly achievable. However, paid services are still most often used to validate cases. Tools that facilitate this case validation process are called citators. The best way to access free citators is through state and local public law libraries. To find a state or local law library visit:

Executive Documents

State Statutes and Regulations

Many states and localities publish some or all of their legislative materials on their website. Consider starting with the website of the state or locality in question. Remember, materials on official government websites, may not be the “official copy.” The National Conference of State Legislators provides a list of State Legislative Websites.

The sources below provide alternatives for hard-to-find state materials.

State Case Law and Court Documents

Courts are increasingly making their materials freely available online, frequently via the court website. This is particularly true for state Supreme Courts. When looking for state case law, consider starting with the website of the deciding court. The National Center for State Courts provides a list of state court websites.

U.S. Treaties

Several government-sponsored websites provide the full-text of U.S. treaties on the web. Refer to the list below for date ranges for each sources.

Foreign & International Law

For free resources on foreign and international law, see our foreign and international law guide:

• Free Legal Research Resources - Foreign & International by AJ Blechner Last Updated Sep 12, 2023 1218 views this year

Journal Search & Legal Opinions - Google Scholar

Google Scholar offers access to many legal documents including patents, legal opinions and journals. Use the search box below and select the appropriate options from the dropdown menu at the top left of your screen.

While many journals are only available through paid databases, high-quality, open access journals are increasingly common. The following sources collect freely available journal articles.

Books, Dictionaries, Encyclopedias, Treatises, Dissertations, Etc.

Secondary sources are also increasingly available online for free. 

Federal Data Sources

Many government data sources are made available to the public for free online. Check the websites of relevant agencies or organizations to look for additional data.

• Additional sources are available on the Harvard Law School Library's website.

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5 Doctrinal Legal Research as a Means of Synthesizing Facts, Thoughts, and Legal Principles

• Published: January 2020
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Doctrinal legal research (DLR) is a predominant method employed by various classes of legal researchers. It involves rigorous analysis and creative synthesis of multiple doctrinal strands. Doctrines are central to juridical treatment of concepts. Since legal propositions have roots in economic, social, political, and psychological factors, an inter-disciplinary approach becomes essential. Because of the need to overarch changing values, social mores, and economic factors, doctrinal research collaborates with historical, comparative, analytical, and philosophical methods of research. DLR has a long history and definite procedure. Adoption of required steps systematises DLR. It has received criticism for excessively relying on concepts rather than social inputs; for ignoring the empirical techniques; for concentrating only on court decisions or legal rules. It differs from non-doctrinal legal research in the matter of data, venue of research, and time and money utilised. Because of social character of law there is need for collaboration between DLR and NDLR for positive outcome.

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What are legal primary sources?

Primary sources of law are statutes/laws, orders, cases, decisions, and regulations. They are issued by one of the three branches of government (legislative, judicial, or executive) at either the state or federal level.

Judicial sources

Judicial sources are issued by the judiciary, and consist of opinions or case law; dockets (the filings in a case); and court rules.

Legislative sources

Legislative sources are issued at the federal level by Congress; and at the state level by the representative bodies. The names vary by state, but are most frequently referred to as Houses, Assemblies, or Delegates (for the lower bodies); and as Senates (for the upper bodies). Every state, with the exception of Nebraska, is bicameral . Legislative sources consist of statutes/laws/codes, session laws, and legislative history (which includes hearings, amendments, prints, etc.).

Executive sources

Executive sources are issued by the executive; most of these sources are referred to as administrative sources, since they are issued by administrative agencies. Administrative sources includes regulations/rules, proposed rules, and administrative decisions and guidance. Additionally, the President (or the Governor, at the state level) often issues statements, orders, and other papers.

How do I find free/low-cost legal primary sources?

Fortunately, almost every source issued by the federal government is not subject to copyright, and thus is freely available to the public. If you are researching state and local governments, be aware that they vary in how much and whether they protect the documents that they issue. Unfortunately, the sheer amount of government documents issued can make it difficult to find a relevant primary source. The resources collected in the tables below are just a few of the sources that provide easier access to statutes, regulations, cases, and orders.

One of the most important steps in finding primary sources is determining the jurisdiction and type of source you seek to find. Your research will be much easier if you can determine:

1. What jurisdiction are you in? Are you looking for federal or state materials? If state materials, which state? If federal, which district/appellate court?

2. What types of sources are you looking for? Are you looking for statutes passed by the legislature? Are you looking for cases issued by the judiciary? Are you looking for regulations or agency decisions issued by an executive agency?

If you have the answers to these questions, you will be able to navigate to the resource that will have the source you're looking for.

The tables below provide information about several databases for legal primary sources. The first table is a list of low-cost resources (or limited free access); the second tables are organized by branch of government and is a list of free sources.

Additionally, since primary sources are produced by the government, many governments post their resources online. Google the name of the branch of government and the type of source you're looking for (e.g. Palo Alto municipal code) to see if it's available.

Low-Cost Resources for Primary Sources

The sources listed in this table are available for a low cost (or have limited free access); and some of them may be available for free through bar memberships .

Free Resources for Primary Law

• Judicial Sources
• Legislative Sources
• Executive & Administrative Sources

Judicial sources of primary law are those produced by the judiciary: case law, dockets, and rules of courts. The sources in the below table are some of the better sources for locating these resources. Coverage refers to whether the database has full access to all cases issued by a specific court.

Legislative sources are issued at the federal level by Congress; and at the state level by the representative bodies (the names vary by state, but are most frequently referred to as Houses, Assemblies, or Delegates (for the lower bodies) and as Senates (for the upper bodies)). Every state, with the exception of Nebraska, is bicameral. These sources consist of statutes/laws/codes, session laws, and legislative history (which includes hearings, amendments, prints, etc.). The below sources are some of the best places to locate federal and state legislative material. For information about local law (such as city or county ordinances), check out the Library of Congress's Municipal Codes: A Beginner's Guide ; or Google research guide local law [state/city/county, if applicable].

Executive sources are issued by the executive branch; most of these sources are referred to as administrative sources, since they are issued by agencies. Administrative sources includes regulations/rules, proposed rules, and administrative decisions and guidance. Additionally, the President (or the Governor, at the state level) often issues statements, orders, and other papers.

Other Resources

Some resources may be useful to your research, but include multiple types of resources or other legal primary sources. Examples include:

• Finding tool for government resources; also includes a search function by agency or subject, as well as keyword search.
• Includes access to American Indian materials, Lincoln and the Law, the U.S. Congressional Serial Set, as well as the U.S. Reports (U.S. Supreme Court cases) from 1754 to 2004.
• A research guide, subdivided into international, federal, state, and an indigenous law portal. Also includes a useful guide index.
• An collection of annotations around the U.S. Constitution, with the goal of providing "a deeper understanding of one of our nation's most important documents."
• The "online guide to government information and services," this site allow you to search every U.S. government website through one source; it also includes a very helpful A-Z Index of U.S. Government Agencies .
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Introduction

Practicing lawyers often require sample versions of standard legal documents known as model forms or legal forms. These model instruments offer suggested terminology and other essential details required in formal legal documents.

This guide distinguishes between legal forms and  pleading and practice forms. This guide primarily provides resources for the former. Legal forms address substantive matters, such as forms for contracts, wills, leases, etc. Pleading and practice forms provide language used in pleadings and motions filed with a court in litigation and supply language for complaints, answers, and motions. For help finding examples of pleadings and motions filed with a court, see the  Briefs, Oral Arguments and Other Court Documents Research Guide .

Generally, you should use legal forms as a starting place and then tailor to your specific needs. While they are labor-saving devices for attorneys, forms are written in response to the requirements of the law in a specific transactional, jurisdictional, or procedural setting, so be sure to always check that the form has been adapted or can be adapted to comply with the requirements of the jurisdiction in which they are to be used.

There are sets of forms for federal practice, most states (check our individual state research guides under "Practice Materials" for more information), and specialized subject areas. Some form sets include annotations, checklists, and citations to cases in which the forms were used. Most law firms also maintain in-house collections of forms relating to their specific areas of practice.

As you begin drafting, keep in mind these helpful Tips for Achieving Clarity in Contract Drafting , a resource provided by the Writing Center at Georgetown University Law Center.

Getting Started

Some forms are available for use, with just some input required for your situation.

• Lexis Sample Forms Lexis has forms organized by state or practice area. From this starting page, you can search for forms across the platform.
• Westlaw Form Finder Select Forms under Content Types. This category page contains text forms, fillable PDF forms, clauses and checklists available on Westlaw from numerous national and state form sets, including legal and business, transactional, litigation and pleading and practice forms. You can search all forms, or further limit your search by jurisdiction, practice area, or publication type.

Finding Forms Using the Law Library Catalog

There are many different ways to use the catalog to find form books. A general title search that contains the words forms and the subject area you are interested in can be effective. For example, bankruptcy forms . Take note of the selected dropdown features in the search filters below.

To find form books for a particular state, you might run a subject heading search in the Law Library's catalog  for the name of your state and the word forms . For example, Forms (Law) -- Virginia . 

Finding Forms Online

You can find legal forms on the internet, but be wary of costs and verify the quality of the source. Some online sources include  Findlaw Forms , Legal Zoom, and the  IRS forms page . 

Recommended Form Books

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18th Amendment to the U.S. Constitution: Primary Documents in American History

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Created: January 14, 2020

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The 18th Amendment to the Constitution prohibited the "manufacture, sale, or transportation of intoxicating liquors..." and was ratified by the states on January 16, 1919. The movement to prohibit alcohol began in the United States in the early nineteenth century. On October 28, 1919, Congress passed the Volstead Act, which provided for the enforcement of the 18th Amendment. Prohibition ended on December 5, 1933, with the ratification of the 21st Amendment

• 18th Amendment to the U.S. Constitution (From the "Statutes at Large," 40 Stat. 1941)
• Volstead Act (From the "Statutes at Large," 41 Stat. 305) The National Prohibition Act, known as the Volstead Act, provided enforcement for the 18th Amendment.
• 21st Amendment to the U.S. Constitution (From the "Statutes at Large," 48 Stat. 1749) Ratified on December 5, 1933, the 21st Amendment repealed the 18th Amendment.

Prohibition officers raiding the lunch room of 922 Pa. Ave., Wash., D.C. April 25, 1923. National Photo Company Collection. Library of Congress Prints and Photographs Division.

Underwood & Underwood, photographer. Putting a kick in the staid old Schuylkill here go a few barrels of beer -- not 1/2 of 1 percent -- into the Schuylkill River . Library of Congress Prints and Photographs Division.

New York City Deputy Police Commissioner John A. Leach, right, watching agents pour liquor into sewer following a raid during the height of prohibition . [1921?]. Library of Congress Prints and Photographs Division.

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Redirect Notice

Inclusion of women and minorities as participants in research involving human subjects.

Learn about the policy for the Inclusion of Women and Minorities in NIH-funded research and how to comply with this policy in applications and progress reports.

NIH is mandated by the Public Health Service Act sec. 492B, 42 U.S.C. sec. 289a-2 to ensure the inclusion of women and members of racial and ethnic minority groups in all NIH-funded clinical research in a manner that is appropriate to the scientific question under study. The primary goal of this law is to ensure that research findings can be generalizable to the entire population. Additionally, the statute requires clinical trials to be designed to analyze whether study outcomes differ for women and members of racial and ethnic minority groups.

Implementation

Applications & proposals.

All NIH-funded studies that meet the NIH definition for clinical research must address plans for the inclusion of women and minorities within the application or proposal. Using the PHS Human Subjects and Clinical Trial Information Form, applications and proposals should describe the composition of the proposed study population in terms of sex or gender, racial, and ethnic groups, and provide a rationale for the proposed section. Any exclusions based on sex or gender, race, or ethnicity must include a rationale and justification based on a scientific or ethical basis. Investigators should also plan for appropriate outreach programs and activities to recruit and retain the proposed study population consistent with the purposes of the research project. Refer to the PHS Human Subjects and Clinical Trial Information Form Instructions for complete guidance on what to address in your application.

Peer Review

Scientific Review Groups will assess each application/proposal as being "acceptable" or "unacceptable" with regard to the inclusion of racial and ethnic minorities and women in the research project. For additional information on review considerations, refer to the Guidelines for the Review of Inclusion in Clinical Research . For information regarding the coding used to rate inclusion during peer review, see the list of NIH Peer Review Inclusion Codes .

Progress Reports

NIH recipients/offerors must collect and annually report information on sex or gender race, and ethnicity in progress reports. Refer to this Decision Tree for help determining reporting expectations for different types of studies.

Special Considerations for NIH-defined Phase III Clinical Trials

Applications & Proposals: If the proposed research includes an NIH-defined Phase III Clinical Trial , evidence must be reviewed to show whether or not clinically important differences in the intervention effect by sex or gender, race, and/or ethnicity are to be expected. The application or proposal must address plans for the valid analysis of group differences on the basis of sex or gender, race, and ethnicity unless there is clear evidence that such differences are unlikely to be seen.

Progress Reports: For projects involving NIH-defined Phase III Clinical Trials, annual Research Performance Progress Reports (RPPRs) should include a statement indicating the status of analyses of the primary outcome by sex or gender, race, and ethnicity. The results of these analyses should be included in the “Project Outcomes” section of the RPPR. See the Sample Project Outcomes page for an example.

Registering & Reporting in ClinicalTrials.gov: NIH-defined Phase III Clinical Trials that also meet the definition of an applicable clinical trial must report the results of the valid analysis of group differences in ClinicalTrials.gov. The valid analyses should be done for each primary outcome measure by sex or gender, and race and/or ethnicity. Upon study registration in ClinicalTrials.gov, outcome measures should be pre-specified by sex or gender, and race and/or ethnicity to prepare for reporting results in this stratified manner. Refer to the Guidance for Valid Analysis Reporting and NOT-OD-18-014 for additional information.

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