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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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Writing a law school research paper or law review note

• Books and articles

Basics of Format & Content

Research papers are not as strictly structured as legal memos, briefs, and other documents that you've learned about in legal writing and drafting courses. For example, there is no prescribed content/format similar to to the Questions Presented, Brief Answers, etc. that you learned for a legal memo.

A general approach to thinking about the content of a research paper is:

• Introduction in which you give some background and a clear statement of your thesis
• Status quo -- what is the existing law and why is it a problem
• Proposals for change

See this blog post by Jonathan Burns , an IU McKinney alum, for more on basic content.

If you're writing for a law review or seminar, you should get formatting instructions regarding things like margins, font size, line spacing. If you don't, or if you're doing an independent study, here are some basic guidelines to follow:

• Times New Roman or similar, 12 pt font.
• Double spaced lines.
• One inch margins all around.
• Footnotes in academic Bluebook style (use the rules on the main white pages instead of the light blue pages at the front of the Bluebook).
• Footnotes in same font as text, 10 pt font.
• Use Roman numerals and/or letters on headings and subheadings or style the fonts so that the difference between headings and subheadings is clear.   
• Page numbers in the footer, preferably centered, especially on first page. You could do bottom center on first page and then upper right in the header thereafter. Use the header and footer functions for this. If you don't know how to use headers and footers in Word, here is help:  https://edu.gcfglobal.org/en/word2016/headers-and-footers/1/ . 

Headings and subheadings

Research papers should have headings and subheadings. These help your reader follow your logic--and a logical structure is very important. Headings and subheadings can also help you keep your thoughts organized. Just don't overuse them--you don't want every paragaph to have a subheading. 

Road map paragraph

Often, research papers will also include a paragraph at the end of the introduction that narrates the road map the paper will follow.   Here is an example of this kind of paragraph:

"The section that follows [this introduction] sets the stage by recounting two scenarios from the Indiana University Robert H. McKinney School of Law, with discussion of the knowledge and implementation of accessibility features in online instructional materials. The next section provides an overview of various impairments and their effects on a user's experience of the online environment. Next is a review of the laws relevant to accessibility with attention to their potential application to online instruction, along with standards used to guide accessibility compliance. The article then explores the concept of universal design and its guiding principles, followed by a discussion of how to use the universal design principles to organize and better understand accessibility standards and practices. The final section briefly summarizes the discussion and encourages law librarians and professors to become knowledgeable and skilled in universal design for online materials to benefit all their students."

Table of Contents

A table of contents can also be helpful, though it's not necessary. If you add a table of contents to your papers, put it right at the beginning, before the introduction. Here's part of the table of contents for the same paper the paragraph above was taken from--it really just lays out the heading and subheadings with page numbers: 

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Directed Research Projects

• Getting Started
• Preparing to Research
• The Research Process

Structuring Your Paper

Writing tips, writing resources.

• Checking your Sources
• Getting it Published

There is no strict structure to writing a legal research paper.  Unlike legal memos written for class or documents prepared for court proceedings that require formatted headings such as "Question Presented," "Statement of Facts," etc., legal research papers are not required to contain prescribed content or abide by a particular structure.

That said, below is a typical approach to organizing the content of your research project.

• Introduction (clear statement of your thesis)
• Background information (what is the existing law, if any)
• The problem (explain why the status quo does't work)
• Recommendation for change (what can be done to improve the field and how)
• Conclusion (tie back to your thesis)

If you have any questions about formatting your research project, you should seek advice from your faculty advisor.  Below are some basic guidelines, but keep in mind formatting requirements set forth by your faculty advisor will always supersede instructions provided here.

Generally, directed research papers are formatted as follows:

• 12-point font (Times New Roman or similar)
• Double-spaced lines
• One-inch margins on both sides, top, and bottom
• 10-point font for footnotes (same font as text)
• Bluebook style and rules for all footnotes citations
• Roman numerals and/or letter headings and subheadings (same font as text but bolded and/or underlined)
• Numbered pages in the footer (same font as text)

Table of Contents

Although not required (unless your faculty advisor states otherwise), a table of contents can be helpful to provide your reader with an overview of your research paper and direct them to certain sections.  Your table of contents should mirror your headings and subheadings.  Below is an example of a table of contents.

When to Cite

You must include a citation every time you refer to, paraphrase, or quote a law, case, or another's work.  Most of your sentences will include a citation.  Additionally, when you cite to a law, always cite to the primary source.

How to Cite

The Bluebook, formally titled  The Bluebook: A Uniform System of Citation , is the style manual for citing to legal documents within the United States.  You should use the Bluebook for all your citations in your legal paper.  The white page section contain the citation rules for legal academic publications.

Writing a Strong Introduction

Your introduction is arguably the most important section of your paper because many people will decide to continue reading based on the introduction.  It must grab the reader's attention and explain why what you are writing about is important.

Essentially, the reader should be able to skim the rest of your paper after reading your introduction and have a good understanding of its layout and arguments.  A good introduction should present the theme of the paper in a succinct manner while providing an overview of your paper.

Generally, a strong introduction will

• State the legal problem/issue;
• Describe why it is important and how your paper contributes to the discussion;
• Provide a road map of your paper; and
• State your conclusion.

Being Objective & Subjective

After your introduction, you should discuss background information on the issue you chose to write about.  This should be an objective overview of the relevant facts and existing law.  Your objective background information section should not be an all encompassing.  Keep this portion of your paper focused on the essential law and relevant facts that support your recommendation for change. 

The bulk of your paper lays in your discussion of the problem and recommendation for change.  This is the subjective portion of your paper.  In this section you should extract the relevant objective material to support your subjective analysis.

Writing a Strong Conclusion

Your conclusion should restate your thesis, summarize your major points, and remind the reader why the issue you've chosen is important.  The conclusion should essentially reword your introduction in a condensed fashion. 

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Researching Law School Papers

• Research papers
• Coming up with a topic
• Checking for preemption
• Expanding your research

Resources on academic legal writing

Make a research appointment.

Reference librarians are available to help you get started and research your topic. 

• Stop by the Reference Desk in the library lobby
• Email: [email protected]

Articles (UC Davis law students may access from offsite using Kerberos password)

• Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers by Heather Meeker
• Writing a Student Article by Eugene Volokh
• How to Write a Law Review Article by Richard Delgado
• How to Write a Law Review Article by Sean Burke

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How to Conduct Legal Research

September 21, 2021

Conducting legal research can challenge even the most skilled law practitioners.

As laws evolve across jurisdictions, it can be a difficult to keep pace with every legal development. Equally daunting is the ability to track and glean insights into stakeholder strategies and legal responses. Without quick and easy access to the right tools, the legal research upon which case strategy hinges may face cost, personnel, and litigation outcome challenges.

Bloomberg Law’s artificial intelligence-driven tools drastically reduce the time to perform legal research. Whether you seek quick answers to legal research definitions, or general guidance on the legal research process, Bloomberg Law’s Core Litigation Skills Toolkit has you covered.

What is legal research?

Legal research is the process of uncovering and understanding all of the legal precedents, laws, regulations, and other legal authorities that apply in a case and inform an attorney’s course of action.

Legal research often involves case law research, which is the practice of identifying and interpreting the most relevant cases concerning the topic at issue. Legal research can also involve a deep dive into a judge’s past rulings or opposing counsel’s record of success.

Research is not a process that has a finite start and end, but remains ongoing throughout every phase of a legal matter. It is a cornerstone of a litigator’s skills.

[Learn how our integrated, time-saving litigation research tools allow litigators to streamline their work and get answers quickly.]

Where do I begin my legal research?

Beginning your legal research will look different for each assignment. At the outset, ensure that you understand your goal by asking questions and taking careful notes. Ask about background case information, logistical issues such as filing deadlines, the client/matter number, and billing instructions.

It’s also important to consider how your legal research will be used. Is the research to be used for a pending motion? If you are helping with a motion for summary judgment, for example, your goal is to find cases that are in the same procedural posture as yours and come out favorably for your side (i.e., if your client is the one filing the motion, try to find cases where a motion for summary judgment was granted, not denied). Keep in mind the burden of proof for different kinds of motions.

Finally, but no less important, assess the key facts of the case. Who are the relevant parties? Where is the jurisdiction? Who is the judge? Note all case details that come to mind.

What if I’m new to the practice area or specific legal issue?

While conducting legal research, it is easy to go down rabbit holes. Resist the urge to start by reviewing individual cases, which may prove irrelevant. Start instead with secondary sources, which often provide a prevailing statement of the law for a specific topic. These sources will save time and orient you to the area of the law and key issues.

Litigation Practical Guidance provides the essentials including step-by-step guidance, expert legal analysis, and a preview of next steps. Source citations are included in all Practical Guidance, and you can filter Points of Law, Smart Code®, and court opinions searches to get the jurisdiction-specific cases or statutes you need.

Searching across Points of Law will help to get your bearings on an issue before diving into reading the cases in full. Points of Law uses machine learning to identify key legal principles expressed in court opinions, which are easily searchable by keyword and jurisdiction. This tool helps you quickly find other cases that have expressed the same Point of Law, and directs you to related Points of Law that might be relevant to your research. It is automatically updated with the most recent opinions, saving you time and helping you quickly drill down to the relevant cases.

How do I respond to the opposing side’s brief?

Whether a brief is yours or that of the opposing party, Bloomberg Law’s Brief Analyzer is an essential component in the legal research process. It reduces the time spent analyzing a brief, identifying relevant authorities, and preparing a solid response.

To start, navigate to Brief Analyzer available from the Bloomberg Law homepage, within the Litigation Intelligence Center , or from Docket Key search results for briefs.

Simply upload the opposing side’s brief into the tool, and Brief Analyzer will generate a report of the cited authorities and arguments contained in the brief.

You can easily view a comparison with the brief and analysis side by side. It will also point you directly to relevant cases, Points of Law, and Practical Guidance to jump start your research.

[ How to Write a Legal Brief – Learn how to shorten the legal research cycle and give your legal brief a competitive advantage.]

How to optimize your search.

Crafting searches is a critical skill when it comes to legal research. Although many legal research platforms, including Bloomberg Law, offer natural language searching, terms and connectors (also called Boolean) searching is still a vital legal research skill and should be used when searching across court opinions, dockets, Points of Law, and other primary and secondary sources.

When you conduct a natural language search, the search engine applies algorithms to rank your results. Why a certain case is ranked as it is may not be obvious. This makes it harder to interpret whether the search is giving you everything you need. It is also harder to efficiently and effectively manipulate your search terms to zero in on the results you want. Using Boolean searching gives you better control over your search and greater confidence in your results.

The good news? Bloomberg Law does not charge by the search for court opinion searches. If your initial search was much too broad or much too narrow, you do not have to worry about immediately running a new and improved search.

Follow these tips when beginning a search to ensure that you do not miss relevant materials:

• Make sure you do not have typos in your search string.
• Search the appropriate source or section of the research platform. It is possible to search only within a practice area, jurisdiction, secondary resource, or other grouping of materials.
• Make sure you know which terms and connectors are utilized by the platform you are working on and what they mean – there is no uniform standard set of terms of connectors utilized by all platforms.
• Include in your search all possible terms the court might use, or alternate ways the court may address an issue. It is best to group the alternatives together within a parenthetical, connected by OR between each term.
• Consider including single and multiple character wildcards when relevant. Using a single character wildcard (an asterisk) and/or a multiple character wildcard (an exclamation point) helps you capture all word variations – even those you might not have envisioned.
• Try using a tool that helps you find additional relevant case law. When you find relevant authority, use BCITE on Bloomberg Law to find all other cases and/or sources that cite back to that case. When in BCITE, click on the Citing Documents tab, and search by keyword to narrow the results. Alternatively, you can use the court’s language or ruling to search Points of Law and find other cases that addressed the same issue or reached the same ruling.

[Bloomberg Law subscribers can access a complete checklist of search term best practices . Not a subscriber? Request a Demo .]

How can legal research help with drafting or strategy?

Before drafting a motion or brief, search for examples of what firm lawyers filed with the court in similar cases. You can likely find recent examples in your firm’s internal document system or search Bloomberg Law’s dockets. If possible, look for things filed before the same judge so you can get a quick check on rules/procedures to be followed (and by the same partner when possible so you can get an idea of their style preferences).

Careful docket search provides a wealth of information about relevant cases, jurisdictions, judges, and opposing counsel. On Bloomberg Law, type “Dockets Search” in the Go bar or find the dockets search box in the Litigation Intelligence Center .

If you do not know the specific docket number and/or court, use the docket search functionality Docket Key . Select from any of 20 categories, including motions, briefs, and orders, across all 94 federal district courts, to pinpoint the exact filing of choice.

Dockets can also help you access lots of information to guide your case strategy. For example, if you are considering filing a particular type of motion, such as a sanctions motion, you can use dockets to help determine how frequently your judge grants sanctions motions. You can also use dockets to see how similar cases before your judge proceeded through discovery.

If you are researching expert witnesses, you can use dockets to help determine if the expert has been recently excluded from a case, or whether their opinion has been limited. If so, this will help you determine whether the expert is a good fit for your case.

Dockets are a powerful research tool that allow you to search across filings to support your argument. Stay apprised of docket updates with the “Create Alert” option on Bloomberg Law.

Dive deeper into competitive research.

For even more competitive research insights, dive into Bloomberg Law’s Litigation Analytics – this is available in the Litigation tab on the homepage. Data here helps attorneys develop litigation strategy, predict possible outcomes, and better advise clients.

To start, under Litigation Analytics , leverage the Attorney tab to view case history and preview legal strategies the opposition may practice against you. Also, within Litigation Analytics, use the Court tab to get aggregate motion and appeal outcome rates across all federal courts, with the option to run comparisons across jurisdictions, and filter by company, law firm, and attorney.

Use the Judge tab to glean insights from cited opinions, and past and current decisions by motion and appeal outcomes. Also view litigation analytics in the right rail of court opinions.

Docket search can also offer intel on your opponent. Has your opponent filed similar lawsuits or made similar arguments before? How did those cases pan out? You can learn a lot about an opponent from past appearances in court.

How do I validate case law citations?

Checking the status of case law is essential in legal research. Rely on Bloomberg Law’s proprietary citator, BCITE. This time-saving tool lets you know if a case is still good law.

Under each court opinion, simply look to the right rail. There, you will see a thumbnail icon for “BCITE Analysis.” Click on the icon, and you will be provided quick links to direct history (opinions that affect or are affected by the outcome of the case at issue); case analysis (citing cases, with filter and search options), table of authorities, and citing documents.

How should I use technology to improve my legal research?

A significant benefit of digital research platforms and analytics is increased efficiency. Modern legal research technology helps attorneys sift through thousands of cases quickly and comprehensively. These products can also help aggregate or summarize data in a way that is more useful and make associations instantaneously.

For example, before litigation analytics were common, a partner may have asked a junior associate to find all summary judgment motions ruled on by a specific judge to determine how often that judge grants or denies them. The attorney could have done so by manually searching over PACER and/or by searching through court opinions, but that would take a long time. Now, Litigation Analytics can aggregate that data and provide an answer in seconds. Understanding that such products exist can be a game changer. Automating parts of the research process frees up time and effort for other activities that benefit the client and makes legal research and writing more efficient.

[Read our article: Six ways legal technology aids your litigation workflow .]

Tools like  Points of Law ,  dockets  and  Brief Analyzer  can also increase efficiency, especially when narrowing your research to confirm that you found everything on point. In the past, attorneys had to spend many hours (and lots of money) running multiple court opinion searches to ensure they did not miss a case on point. Now, there are tools that can dramatically speed up that process. For example, running a search over Points of Law can immediately direct you to other cases that discuss that same legal principle.

However, it’s important to remember that digital research and analytical tools should be seen as enhancing the legal research experience, not displacing the review, analysis, and judgment of an attorney. An attorney uses his or her knowledge of their client, the facts, the precedent, expert opinions, and his or her own experiences to predict the likely result in a given matter. Digital research products enhance this process by providing more data on a wider array of variables so that an attorney can take even more information into consideration.

[Get all your questions answered, request a Bloomberg Law demo , and more.]

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Seminar Paper Research

• Topic Selection
• Preemption Checking
• Guides to Academic Legal Writing
• Interdisciplinary Research
• Evaluating Authority
• Writing the Abstract
• Problems in Constitutional Law Seminar Resources
• Food Law and Policy
• Gender and Criminal Justice Resources
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• Heather Meeker, Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers, 1996 UTAH L. REV. 917 (1996).
• Mary Beth Beazley & Linda H. Edwards, The Process and the Product: A Bibliography of Scholarship about Legal Scholarship, 49 MERCER L. REV. 741 (1998).
• Eugene Volokh, Writing a Student Article, 48 J. Legal Ed. 246 (1998)

Research Guides

• Georgetown Law Library Research Strategies for Seminar Papers
• University of Cincinnati: Seminar Paper Research
• UCLA Researching for a Scholarly Article or Seminar (SAW) Paper: Introduction and Things to Know
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First-Year Legal Research and Writing Program

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Email:   [email protected]

The First-Year Legal Research and Writing Program (LRW) is a series of sequenced, interrelated exercises introducing students to the way lawyers conduct legal research, analyze and frame legal positions, and present their work in writing and in oral argument.

The course includes weekly meetings led by Climenko Fellows, library staff, and upper class teaching assistants. Students actively learn research and writing skills by preparing multiple drafts of memoranda and other documents and by becoming familiar with accessing both print and electronic research materials.

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Getting ready to write, help crafting your seminar paper, using working papers to select a topic, using legal news and blogs to select a topic, avoiding plagiarism.

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Students submit help requests here .

Faculty and staff submit help requests here .

The following treatises are just a few of the many available treatises that can assist with drafting a seminar paper or understanding the scholarly legal writing process.

• Understand your objective.   Know what type of paper you want to write and how it falls in line with the goals of the class.
• Make sure you are interested in your topic.   You will be spending a lot of time with your seminar paper topic, so having a genuine interest in it can make the process more satisfying and less frustrating.
• Plan ahead.   Thorough scholarly research cannot be done in one day or even a weekend.  One resource that may assist you with developing a writing timeline is an  Assignment Calculator .
• Keep track of your research.   Know what resources you have looked in, what search terms you have used, and when you used these resources.  This will make completing and updating your research easier.  Tools like  Zotero  can help you with this.
• Writing a Student Article This law review article provides fantastic insights into the ins and outs of writing a law school seminar paper.
• Georgetown Law Writing Center - Guides and Handouts A collection of Guides and Handout about Scholarly and Legal Writing covering various topics. Selected guides are linked below.
• Georgetown Law Writing Center- Checklist for Scholarly Writing
• Georgetown Law Writing Center - Checklist for the Writing Process
• Georgetown Law Writing Center- Creating a Good Scholarly Paper
• Georgetown Law Writing Center- Strategies for Outlining Your Scholarly Paper

Looking at working papers from other scholars can assist you by allowing you to see what types of topics are being actively discussed in legal academia.  Two resources for reviewing working papers are detailed below

• Bepress Legal Repository The bepress Legal Repository offers working papers and pre-prints from scholars and professionals at top law schools around the world.
• Social Science Research Network (SSRN) The Social Science Research Network is devoted to the rapid worldwide dissemination of social science research and is composed of a number of specialized research networks in each of the social sciences.

Various legal news resources and blogs (or blawgs) can assist with selecting a seminar paper topic.  The resources below are just of few of the many resources available on the Internet and through subscription services authors can use to locate current events and novel legal issues.

• SupremeCourt.gov
• SCOTUS Blog
• ABA Blawg Directory
• Seton Hall Circuit Review  (Law Review) available via  HeinOnline
• NCCU Library Plagiarism Tutorial   NCCU's main library put together a step-by-step guide to avoid I plagiarism. It is not a law school specific guide; however, it offers a great breakdown of what plagiarism is and how to avoid it.
• Purdue Online Writing Lab: Avoiding Plagiarism   This guide provided by Cornell offers an overview of what constitutes plagiarism, safe practices and exercises.
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How to write a legal research paper: All you need to know

This article on “How to write a legal research paper: All you need to know” was written by Vridhi Rai, an intern at Legal Upanishad.

Introduction:

Law is all about analysis, critical thinking, and interpretation. Your capability to put together the analysis of the study of the issues in written form is essential in the practice of law. The research paper is one such way to express your creative and analytic thought process, your vision of the theme, and the originality of your content. The word ‘research’ means a systematic examination of material facts. It can be complex and daunting for law students. But research helps in enhancing your knowledge and cultivating your writing skills. This article will help you understand what is research paper all about and how to write a research paper.

What is a research paper?

A research paper is a piece of academic writing which is based on an author’s original composition in the research and the findings on a given theme or topic. The writing should be owned by the author himself or herself. A good research paper strives to convey the information traced by the author crisply and concisely. The paper is written to examine the theme or the provisions, present your stand on it, and showcase evidence in support in a systematic manner. The true nature of the paper shows you the purpose of the theme or topic. 

What is the aim of the legal research paper?

The aim of the legal research paper can be a subjective question since the writing will indicate what the intended outcome is. There are kinds of writings that would pave a way for courts because it geared toward a certain kind of doctrinal analysis of the court’s interaction with theory and practice. The writings are done for better interpretation of the law. It could also be used to influence policy-making and generate debates. The author has a specific objective and intended audience in mind to serve.

How to write a legal research paper?

Step-1 choose a theme or topic:.

The foremost step in writing a  legal research paper is to select a theme or topic for the research. Select topics that catch your attention or interest. You can pick topics addressing contemporary issues or topics for the intended audience you wish to cater to. It should be novel, innovative, and interesting. While choosing a topic, read pertinent issues from different sources.  You can follow legal news to search for pertinent topics.

In case, you find difficulty selecting a topic, it will be wonderful for you to approach your professors, colleagues, and friends for consultation. Also, never feel hesitant to change the theme or topic of the research, if you feel it is not the right topic or you will not able to research the topic effectively.

Step-2 Research on your topic:

Now, your next task is to research the topic extensively on your selected topic from credible sources. You can refer to different sources by reading legal research pieces from books to online sites like SCC online, Manupatra, and Kluwer Arbitration. Always remember don’t just goggle. Use conventional sources like books and articles, these will give you a broader perspective. Read as much as you can. Reading helps you understand the nitty-gritty of the law provisions. Please beware of the research as this task can be very monotonous. You might lose motivation to perform this task. But hang in there and stay motivated to find interesting facts.

Step-3 Examine and Make a plan:

After researching, your very next step is to examine and make a plan to execute writing a legal research paper. Your research will be comprehensive with ideas. Please develop a detailed outline. Try adding notes to your research work. It can be possible that you might end up adding too much information to your paper. Highlight the key findings from your study. At this stage you are required to identify the goal of your research work, it can be either argumentative or analytic. You have to determine the masses you are wishing to address. The focus and the tone of the paper should b according to the audience you are intending to reach.

To get your Legal Research Paper written by an expert. Contact us.

Step-4 writing the paper:.

The next step is to draft the research paper. Make a final outline of the research work. The outline must have the points to describe the overview of the paper. The basic mantra of legal research is the structure of the paper. The research paper writing should be creative, clear, concise, and comprehensive. The language of your research paper should be easy to interpret. The legal terminologies and material facts are generally very sophisticated and complex. The facts, you are mentioning must be backed by shreds of evidence.

The format of the legal research paper:

The paper should have a proper format that consists of writing styles, referencing styles, page numbering, spacing, and margins. It should also include the headlines, sub-headlines, citations, or credits to the authors and the scholars.

The content of the legal research paper:

The content consists of the following:

Acknowledgment : the content of the paper should include an acknowledgment section that appreciates all the contributors to the research paper for their efforts and encouragement.

Table of contents: it includes the list of the things that you have written in your research paper.

Scope of the research: the scope or object of the research includes the reason for your study. It shows you the skeleton of your research paper. You have stated the problem or issue of the paper.

A literature survey or the sources used in the study: it includes the sources you have referred to in your study. It can be primary or secondary resources. The primary resources include books, statutes, and case laws. The secondary sources include the material you have collected from law articles, journals, and compendiums online or offline.

The hypothesis of the research: the hypothesis is the idea that is suggested to explain the objective of the research conducted by the researcher. It conveys the expectations of the researcher on what basis he started studying the issues, he raised in his paper.

Abstract : abstract shows the gist of the theme you have mentioned in your study. It is like the summary of the findings in your research regarding the theme. It should be written clearly and concisely.

Introduction: the introduction should be well-written to attract the attention of the audience toward the theme you mentioned in your thesis. A glance over the initial paragraphs gives an insight to the readers of your work. The introduction determines whether the research paper is worth reading or not. It should express the research problem, the purpose of your thesis, and background details about the issue you are referring to. It should be short, crisp, and comprehensive.

The main body of the study: the main focus of the paper is the main body of the thesis. The body should be divided into paragraphs along with sub-headings for a better understanding of the facts. Each paragraph should draw the main points of your study. It should begin with the topic’s sentences and should conclude extensively. In the main body, you can add the case laws and judgments.  

The conclusion of the study: the finale of the study should include a summary of the main pointers discussed in the study, it should express your stand or viewpoint towards the research problem. The concluding para of your research can be affirmative or negative in tone. In the end, you can add some suggestive measures to your study.

References or bibliography: at the end of the paper mention the references or the sources links or sites from which you have researched the material facts.

Step – 5 edit and proofread the final draft of the research paper:

Use proper grammar, punctuation, and spelling. Proofreading will help you to find errors in your content. If you need, to make changes to the paper, check and find the logic and legality of the statement. At this stage, you check the plagiarism of your content.

The things that should be considered carefully before drafting the paper:

you need to check the validity of the judgments before mentioning them in the research paper. The validity of the bills mentioned in your study should be carefully considered. The errors related to applicability or jurisdictions should be carefully verified.

Conclusion:

Legal research is not an easy task to perform. It takes a lot of time to conduct it. Constant hard work, attention, motivation, and patience are the factors required to examine and analyze the details. It can be boring. But it will help you in brushing your skills. Your efforts and dedication toward finding more and more material facts will help in shaping you into a good researcher.

It is beneficial for law students for interpreting law provisions, policies, and judgments. It can be used as a medium to influence policy-making procedures and as a tool to aware the masses. Publication of your research papers will act as a stimulating force to your law career. It will help you build your confidence and help them transform into law professionals.

References:

• How to write a legal research paper: guide: how to write a winning research paper?- Legal Desire. Retrieved: https://legaldesire.com/guide-how-to-write-a-winning-research-paper/
• A helpful guide on writing a law research paper- Writing help. Retrieved: https://howtowrite.customwritings.com/post/law-research-paper-guide/
• How to begin with writing a legal research paper- Manupatra- youtube channel-(video file)
• How to write a legal research paper law?|research paper- Eminent law classes-(Video file)
• The aim of writing a legal research paper- the art of writing a legal research paper-Rohini Sen-letter of the law-(video file)

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Policies: Examples and Hypotheticals

1. Students X, Y and Z are sitting around a table in the library working on a group research exercise assigned by the professor which is due tomorrow. The objective of the assignment is to build on the research skills of the students. The students are talking about how to navigate the books to find the answers to the questions posed. The students confirm with each other the cases they found and correct the one student who went off on a research tangent. They discuss and decide what went wrong in the research trail.

Ans: This is NOT a violation. Assignments which are designated to be small group exercises are designed so that students can work together to increase their skills. Here the exercises are created to support the text and lecture materials previously assigned by the faculty member in the area of research skill development.

2. Students X, Y, Z are sitting around a table in the cafeteria discussing research strategies and about how to approach Assignment # 3 which was just handed out in class. They take out their notes from the research group work and generally strategize on a plan of attack. Students do not discuss search terms, specific volumes of digests or secondary sources. They leave to write their own individual research plans due on Friday.

Ans: This is NOT a violation. General review of available materials such as secondary materials, digests, reports and Sheppards are appropriate discussion points. A violation WOULD OCCUR if the students moved beyond skill development and began to discuss specific aspects of a graded assignment.

3. A week later students X, Y, Z get back together to compare notes about which articles and cases they found. They swap articles and cases to make sure each of the friends has the same material. All agree to come back next week to talk about writing their papers.

Ans: This IS a violation. The students have crossed an ethical line. Research skills, both with primary and secondary source materials, directly tied to a graded assignment are meant to be assessed on an individual basis. While the assessment of researching skills within each LRW section may be done in a variety of ways, students who share materials for graded assignments take away the ability for individual assessment and counseling regarding their skills.

4. In the third week, students X, Y, Z get back together. They have all been given back comments on their second papers. No rewrite is scheduled for the assignment. They have a variety of organizational, analytical and technical writing issues. Students spend the time looking at what each student did right and wrong on the second assignment. They run out of time to discuss the third assignment so they agree to meet again the following week.

Ans: This is NOT a violation. After graded assignments are returned, as long as they are not subject to a rewrite, students are permitted to compare results. While permitted, this is up to the individual student to make this determination .

5. In the fourth week, students X, Y, Z get back together. This time they compare cases and articles which each had found during research. They discuss how each may or may not be applicable to the hypo and decide which cases to use and which to toss.

6. Student Q is really struggling in her LRW class; the scores on her first two papers have her worried. She does not understand how to structure Explanation and Application paragraphs. Student Q goes to Student A and asks her to explain how to pattern competently drafted E and A paragraphs. Student A talks through the appropriate pattern for E and A paragraphs using samples given out by the professor.

Ans: This is NOT a violation. Students Q and A are discussing skill development. They are reviewing texts, lectures and materials discussed in class which are designed to allow each student to learn to draft competent Explanation and Application paragraphs. This kind of interaction is encouraged by the LRW Faculty.

7. Student X meets with his teaching assistance during his office hours. The TA has been directed by the faculty member to confirm with the students if their case selection is headed in the right direction. Student X has an appropriate case for the first issue tested in the assignment but is not on track for the second issue. The TA confirms that the case selected by Student X is one of the acceptable cases for the first issue and gives the appropriate guidance which will allow student X to continue his research for the second issue. Student X sends an email to students Y and Z that he has the correct case for the first issue and suggests that the others try their cases with the TA to determine the correct case for the second issue.

Ans: MIXED RESULT. Student X and the TA have engaged in pre-designed communications. These types of interactions are encouraged by LRW Faculty. These interactions allow for students to be encouraged that they are on the correct paths and to be given guidance if they are not on the correct heading.

Communications between Student X, Y and Z are violating the ethics code. Not only are the students limiting their own research skill development, Student X is encouraging manipulation of TA/Student relationship. The students are attempting to gain an advantage over the rest of the students in the class.

8. Student Y has a conference scheduled with her faculty member to go over a portion of her paper that she is struggling with. During the conference the faculty member and the student use highlighters to diagnose the challenges the student is having with paragraph structure and depth of analysis. Student Y has a "light bulb" moment about paragraph construction. The faculty member also reads the student's Question Presented. The faculty member helps the student to determine that all necessary items are contained within the Question Presented and will likely achieve a competent score on this part of the paper. After the conference, student Y emails her friends that the highlighting exercise is the way to go to understand paragraph construction; she suggests that they all perform this exercise on their papers. In a second email the student cuts and pastes her Question Presented and tells her friends to use it as a guide.

Ans: MIXED RESULT. Student Y and the faculty member are engaged in individual assessment and counseling with the aim of developing the student's writing skills. Skill building exercises such as the use of highlighters to identify various portions of paragraphs are essential to skill development. Sharing and encouraging other students to utilize these types of exercises is encouraged by the LRW faculty.

9. However, once the student emailed her upgraded individual work to other students to copy and use as a guide, the student crossed the ethical line. Work that is to be assessed on an individual basis needs to be produced by the student on his/her own. 10. The week before their final papers are due, the students return to their study group with drafts which are 90% complete. They would like a fresh eye for their papers so they all exchange. They do not revise each other's papers because they know that is not allowed, but they comment on what they have read. They also point out typos, citation errors and the like to one another.

Ans: This IS a violation. The students have crossed an ethical line. Student's progress in their writing skill development is to be assessed on an individual basis. Production of drafts and final written products are to be the work of the individual. The only exception to this would be if the TA or the faculty member is commenting on the draft the student has produced.

Indian Journal of Law and Legal Research ISSN: 2582-8878 | PIF: 6.605 Indexed at Manupatra, Google Scholar, HeinOnline & ROAD

INDIAN JOURNAL OF LAW AND LEGAL RESEARCH

ISSN: 2582-8878 (O)

Subject Area: Law and Related Disciplines

Publication Impact Factor: 6.605

Plagiarism Limit - Upto 25 Percent

Plagiarism Software - Turnitin and Plagiarism X

Publication Frequency - Bi-monthly

CALL FOR PAPERS

The IJLLR is inviting authors across India and the Globe to contribute their pieces of academic writings for publication.  Volume: Volume V Issue IV |  Theme: Law & Related Disciplines

Perks:  Certificates of Publication, Certificate of Excellence, Free DOI Link, Internship Opportunities, 48-hour Review Process, Indexed at Google Scholar, HeinOnline, Manupatra, ROAD  & others.

* Verify our Manupatra, Google Scholar & ROAD Indexing by clicking the Buttons given above.

** Do not fall prey to journals making false claims regarding their Indexing at various databases.

IJLLR Journal is an online bi-monthly   journal with 6 Issues per year. The Journal revolves around Socio-legal  topics and is not restricted to any particular field or subject of law. The Journal promotes interdisciplinary research entailing detailed study of law with other disciplines in the contemporary era.

IJLLR aims to provide a platform where everyone related to the field of law can contribute their research work on any topic related to law and help create a quality open-access platform that can be used by anyone to gain or develop their knowledge and expertise in the subject of law.

Provide a detailed conceptualisation of socio-economic phenomenon and its interplay with law and policy-making.

Encourage  interdisciplinary and  comparative research  to develop a holistic and multifaceted approach towards the complex issues of today’s society.

Critically and intellectually engage with contemporary issues and the discourse surrounding them.

Enable the development of legal intellect, critical analysis and quality research by promoting original legal writing. 

PERKS OF GETTING PUBLISHED AT IJLLR

Publication Certificate  - Certificate of publication is given to all the authors published in each issue without any additional cost. The certificate is given to the authors as soon as the publication is live.

Free DOI (Digital Object Identification) - A DOI is a string of numbers, letters and symbols used to permanently identify an article or document and link to it on the web. A DOI will help your reader easily locate a document from your citation.

Certificate of Excellence - The top 10 authors in each issue are given a Certificate of Excellence for their publication with other prizes.

Indexed:  The Indian Journal of Law and Legal Research is indexed in reputable places like Google Scholar & Manupatra which makes the articles available to a wider community making the research available to all. 

Hard Copy Available: The authors have the choice to get a hard copy of their Publication Certificate/Certificate of Excellence on payment of a minimal fee after their manuscript is published.

No Delays and Timely Process  - The whole review process takes up to 72 hours (1-3 days). The final publication after the payment of the processing fee is done within 24-72 hours (1-3 Working days).

Internship Opportunities: The top authors are provided with internship opportunities.

Chance to be a Student Editor: Students are also provided with an opportunity to work as an editor for the Indian Journal of Law and Legal Research .

TYPES OF SUBMISSIONS ACCEPTED ​

The IJLLR Journal invites original, unpublished manuscripts from all academicians, authors, legal professionals and Law students in the following categories:

I. Long Articles (3000-6000 words)

II. Essays/Short Articles (1500-3000 words)

III. Case Notes and Legislative Comments (1200-2500 words)

Submissions in this category are expected to engage with the theme and literature of a particular topic comprehensively. The article must survey current practice in the field, identify any lacunae and offer innovative reassessment along with constructive suggestions. Theoretical pieces are also welcome in this category.

Essays/short articles are more concise in scope and are focused on a particular issue and offer new perspectives and critical insights on the selected topic. They offer clearly identifiable arguments and may provide different ways of conceptualizing the selected issue.

This category is meant for the analysis of any contemporary judicial pronouncement, legislative action, or policy proposal. Notes and Comments must trace the line of cases in which the decision appears and comment on its implications on the evolution of that branch of law. Similarly, a legislative comment or policy proposal must identify the object and expected impact of the legislative action/policy proposal in question.

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