legal research paper writing

Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Sep 12, 2023 200 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Sep 12, 2023 3547 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) This resource is also available in Westlaw & Lexis .
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Sep 12, 2023 2506 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Mar 26, 2024 2011 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Sep 12, 2023 418 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• KeyCite Video Tutorial
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Automated Services

Automated services can check your work and ensure that you are not missing important resources. You can learn more about several automated brief check services.  However, these services are not a replacement for conducting your own diligent research .

• Automated Brief Check Instructional Video

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• Last Updated: Sep 21, 2023 2:56 PM
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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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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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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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How to Write a Legal Research Paper

March 21, 2024

Embarking on writing a legal research paper can be a daunting yet intellectually rewarding endeavor. This comprehensive guide aims to demystify the process, offering clear, actionable steps to help you produce a well-structured and persuasive research paper. From selecting a compelling topic to crafting a strong conclusion, we’ll walk you through each stage with practical advice and examples.

Understand the Purpose of a Legal Research Paper

A legal research paper transcends the realm of a mere academic exercise. It embodies an in-depth exploration and critical analysis of issues. The crux of such a paper lies in its ability to contribute significantly to comprehending and interpreting a problem. To achieve this, your paper must present a well-reasoned argument, meticulously crafted and rooted in a solid foundation of legal principles and precedents. Engaging with the black-letter law and the underlying policy issues, historical context, and the real-world impact of developments is essential.

This approach enables your paper to examine the legal landscape as it stands and offer insights into potential future changes or challenges. As you delve into the research and writing, remember that your goal is to weave together legal authorities, such as statutes, case law, and scholarship, with critical thinking and analysis to illuminate complex legal issues. Your paper should demonstrate a thorough understanding of the topic and exhibit your unique perspective, contributing to the broader legal discourse.

Choosing a Legal Research Topic

Selecting the right topic is a fundamental step in the journey to writing a compelling legal research paper. It should be a subject that piques your interest and resonates with ongoing legal debates and contemporary issues. The chosen topic should allow you to contribute meaningfully to the field, whether by shedding light on emerging legal challenges, offering a fresh perspective on established principles, or critically analyzing the effectiveness of current laws.

Here are 10 potential topics that encapsulate a range of current and significant legal issues:

• The impact of social media on privacy laws: Explore how social media platforms challenge traditional notions of privacy and the legal frameworks governing data protection.
• Legal responses to climate change: Analyze the effectiveness of environmental legislation and international agreements in mitigating climate change impacts.
• The evolution of intellectual property rights in the digital age: Investigate how intellectual property laws adapt to the complexities of digital creations and online content.
• Comparative analysis of criminal justice systems: To write a legal research paper, examine the differences in criminal justice approaches across various jurisdictions and their impacts on justice and society.
• Ethics in corporate governance: Delve into the role of ethics in corporate decision-making and its legal implications.
• Immigration law and its impact on societies: Assess how immigration policies shape societal structures and the legal challenges they present.
• The role of international law in global conflicts: Explore the effectiveness of international law in resolving global conflicts and maintaining peace.
• Cybersecurity laws and individual rights: Analyze the balance between cybersecurity measures and the protection of individual rights.
• Employment law and the gig economy: Investigate how employment law is adapting to the rise of the gig economy and its impact on labor rights.
• Family law and the changing dynamics of modern families: Examine how family law is evolving to address the changing nature of family structures in contemporary society.

Conducting Background Research

It is a critical first step in writing a legal research paper. It involves immersing yourself in the broader context of your chosen topic to understand the various facets involved comprehensively. This phase is about collecting data and building a foundational knowledge base that will inform every aspect of your paper.

Start by identifying the key issues related to your topic. This might involve looking at recent developments in the law, notable court cases, legislative changes, or emerging trends in scholarship. Understanding these elements will help you pinpoint the areas your paper can address and contribute to.

Next, dive into the current legal debates surrounding your topic. This involves knowing the laws and regulations and understanding the arguments and counterarguments made by legal scholars, practitioners, and policymakers. Engaging in these debates is crucial for formulating your own argument and positioning your paper within the larger conversation.

Finally, familiarize yourself with the prevailing legal theories and principles that underpin your topic. This might require reading foundational texts, reviewing key court decisions, or analyzing scholarly articles that have shaped current understanding. By grounding your research in these theories, you can ensure that your paper reflects a deep and nuanced understanding of the legal landscape.

Background research sets the stage for a well-informed and compelling research paper. It enables you to confidently approach your topic, backed by a solid grasp of legal context and scholarly discourse.

Identifying Relevant Legal Resources

They are the bedrock of your research, providing the evidence and legal context crucial for a well-founded argument. Start by familiarizing yourself with legal databases. These platforms offer a wealth of information, including case law, statutes, journals, etc. They are indispensable tools for finding up-to-date and authoritative legal materials.

Next, explore law journals and legal periodicals. These sources are invaluable for understanding contemporary debates, theories, and scholarly analyses. They offer perspectives on how laws are interpreted and applied in different contexts, which can be particularly useful for supporting your arguments or identifying gaps in the current legal landscape.

Case law is another critical resource. Studying relevant judicial decisions helps you understand how laws have been interpreted and applied in real-world scenarios. This is essential for constructing persuasive legal arguments and understanding the precedents that may influence your topic. Statutes and legislation are also fundamental resources. They provide the written laws that govern various legal issues. To write a legal research paper effectively, it’s important to interpret these statutes correctly and understand their application and limitations.

Analyzing Legal Authorities

This process goes beyond simply reading and summarizing these sources; it requires critical thinking and a keen eye for detail. When analyzing case law, focus on the precedents set by prior rulings. These decisions provide a practical application of the law and can significantly influence how similar cases are handled in the future. Pay attention to each case’s facts, the judges’ legal reasoning, and the outcomes. Understanding these elements will help you identify trends and patterns in judicial decision-making relevant to your topic.

Interpreting statutes is another critical part of analyzing legal authorities. This involves not just understanding the literal text of the law, but also considering its context, purpose, and the implications of different interpretations. Look at how these statutes have been applied in various cases and what legal scholars have said about them. This will help you develop a more nuanced understanding of the law and its practical effects.

Outlining the Paper

A well-structured outline not only serves as a roadmap but also acts as a foundation upon which you build your paper. Each section of your outline should seamlessly transition into the next, guiding your reader through a logical progression of ideas and information. It should include:

• Introduction: Present your thesis and outline your argument.
• Body: Detailed analysis of legal issues supported by authorities.
• Conclusion: Sum up your findings and their implications.

In addition to the main sections, you can also include subsections or bullet points within each section to further organize your thoughts. For example, you can try this way:

• Introduction: Thesis on privacy laws in the digital age.
• Background: Evolution of privacy laws.

III. Case Analysis: Recent rulings on digital privacy.

• Comparative Study: Privacy laws in different jurisdictions.
• Conclusion: Future of privacy laws.

Remember that while this outline provides a general framework, the specific details and subtopics will vary depending on your research and the paper’s focus. Tailoring your outline to your unique research objectives will help you create a comprehensive and cohesive paper that effectively communicates your ideas to your audience.

Writing the Introduction

The introduction is the gateway to your paper and plays a crucial role in capturing the reader’s attention and setting the tone for the rest of your work. To write a legal research paper, start by crafting a clear and concise thesis statement that encapsulates the main point or argument you will address in your paper. This thesis statement should be specific and debatable, providing a clear direction for your paper.

Engaging your reader is essential in the introduction. Consider using a compelling anecdote, a thought-provoking question, a surprising statistic, or a relevant quote to draw your reader into the topic. Make a strong case for the relevance and importance of your chosen subject. Explain why it matters, both in the broader context of the field and in the real world. This helps the reader understand why they should invest their time in reading your paper and why your research is significant.

Crafting Strong Legal Arguments

To construct compelling legal arguments, adhering to principles that ensure clarity, logic, and persuasive power is essential. Clarity is paramount when presenting legal arguments. Your arguments should be expressed in a straightforward and easily understandable manner. Avoid convoluted language or overly complex sentences that can obscure your point. Use precise legal terminology and ensure that your arguments are concise and to the point. A clear argument is more likely to be understood and accepted by the reader, whether a judge, attorney, or layperson.

Citations and Referencing

Proper citations and referencing are not just a matter of convention in legal writing; they are fundamental to the integrity and credibility of your work. Legal professionals rely on accurate citations to trace the sources of your arguments, verify your claims, and engage in meaningful discussions about the law. Here are some key considerations for citations and referencing in legal writing:

• Consistency: Different jurisdictions and legal fields may have their preferred citation formats, such as Bluebook, APA, MLA, or Chicago style.
• Accuracy: Mistakes in citation, such as incorrect page numbers, wrong case names, or incomplete references, can lead to misunderstandings or even legal disputes.
• Footnotes or End Notes: Legal writing often employs footnotes or end notes to provide additional information, explanations, or citations that might disrupt the flow of the main text.

In summary, citations and referencing are the backbone of legal writing, supporting and validating your arguments. Following the prescribed citation style meticulously and maintaining accuracy in your citations will enhance the professionalism and persuasiveness of your legal documents.

Crafting a Strong Conclusion

Crafting a strong conclusion is a critical element of effective writing, as it leaves a lasting impression on your reader and reinforces the key takeaways from your paper. In legal writing, the conclusion holds particular importance because it serves as the final opportunity to drive home the importance of your arguments and findings within the legal framework. Here are some essential considerations for crafting a compelling conclusion:

• Begin your conclusion by succinctly restating your thesis statement.
• Summarize the main points and arguments presented in the body of your paper.
• Offer insights into potential avenues for future research or legal developments related to your topic.
• Your conclusion should not introduce new information or arguments not previously discussed in your paper.
• Craft a memorable closing statement that leaves a strong impression on the reader.

Remember that your conclusion is your reader’s final impression of your paper.

Writing a legal research paper is an engaging and challenging process. This guide provides the tools and knowledge needed to navigate each stage of the writing process successfully. By following these steps, you’ll be able to present a well-argued and thoroughly researched legal paper that contributes meaningfully to the field. Remember, a great legal research paper demonstrates your understanding of the law and showcases your ability to think critically and argue persuasively.

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Legal Writing

Guidance on scholarly writing.

• Choosing a Scholarly Paper Topic
• Conducting a Preemption Check
• Evaluating Information
• Keeping Current
• Publishing Your Scholarly Writing
• Avoiding Plagiarism
• Legal Citation & the Bluebook
• Persuasive Legal Writing
• Transactional Legal Writing
• Litigation Focused Writing
• Legislative Drafting
• Judicial Writing
• ADR Drafting

This research guide is focused on academic legal writing topics to support the students of the Sandra Day O'Connor College of Law in their academic and professional writing endeavors. It provides guidance on how to choose a scholarly paper topic, conduct a preemption check, stay current on a topic of choice, and avoid plagiarism.

In addition, the guide provides information on both print and online, as well as free and subscription, resources for scholarly legal writing, persuasive legal writing, writing for law practice (litigation and transactional), legislative drafting, and judicial writing. An emphasis is placed on materials available within the print and electronic collections of the Ross-Blakley Law Library.

The Legal Scholar's Guidebook   (Elizabeth E. Berenguer, 2020) This guide from an educator specializing in upper level legal writing discusses all stages of crafting a valuable legal article, from choosing a narrow, manageable topic to evaluating sources' credibility. It helps writers process the information already written about a topic, choose a particularly effective paradigm to present legal arguments (such as historical analysis or comparative law), and approach writing with discipline to produce a timely, quality product. Appendices present sample processes including topic selection and outlining, as well as an annotated article highlighting important considerations in the writing process.

Modern Legal Scholarship   (Christine Coughlin, et al., 2020) This book breaks down the full process of scholarly writing, from drafting to publication, into understandable and manageable tasks.

Scholarly Writing: Ideas, Examples, and Execution   (Jessica Lynn Wherry & Kristen E. Murray,   2019) This book provides a cradle to printing press blueprint for planning, writing, and polishing academic legal writing. It instructs readers on generating ideas, developing breadth and depth of knowledge in research, soliciting and incorporating feedback from reviewers, and shopping papers for publication.

Scholarly Writing For Law Students  (Elizabeth Fajans, 2017) This title teaches law students how to write scholarly papers for seminars, law reviews, and law-review competitions and how to have their work recognized. It helps novices and more experienced scholars alike to write papers with a minimum of anxiety and a maximum of creativity. Employing a process theory of writing, the text first describes the enterprise of scholarly writing and then discusses techniques for brainstorming topics and theses, researching, drafting, and revising for substance and style. 

A cademic Legal Writing   (Eugene Volokh, 2016) Designed to help law students write and publish articles, this text provides detailed instructions for every aspect of the law school writing, research, and publication process. Topics covered include law review articles and student notes, seminar term papers, how to shift from research to writing, cite-checking others' work, publishing, and publicizing written works.

Richard Delgado,  How to Write a Law Review Article , 20 Univ. San Francisco Law Review 445 (1986) Discussing the purpose of academic arguments and their varieties, as well as strategies for selecting topics, researching, selecting authorities, and writing.

Shari Motro,  The Three-Act Argument: How to Write a Law Article That Reads Like a Good Story , 64 J. Legal Educ. (2015) The recipe for a dramatic plot—exposition, confrontation, and resolution—can liven up legal arguments.

• Next: Choosing a Scholarly Paper Topic >>
• Last Updated: Dec 28, 2023 1:45 PM
• URL: https://libguides.law.asu.edu/legalwriting

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

• << Previous: Expanding your research
• Last Updated: Sep 14, 2023 10:00 AM
• URL: https://libguides.law.ucdavis.edu/seminarpapers

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
• Equality and Sports

• 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
• Selecting & Developing Your Seminar Paper Topic: Selecting a Topic
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• Next: Interdisciplinary Research >>
• Last Updated: Jan 25, 2024 3:32 PM
• URL: https://guides-lawlibrary.colorado.edu/c.php?g=1112479

5 Key Steps to Writing an Effective Law Research Paper

Table of Contents

5 Key Steps to Writing an Effective Law Research Paper: Our Legal World

Writing a law research paper is much different and complex than crafting a research paper for other fields. That’s because it involves methodological research, which further requires familiarizing yourself with the current legal precedents, principles, and regulations. So, due to such complexities, students often get overwhelmed when asked to write a law research paper. And if you happen to know any such students, this blog post is for them.

Here, we’ll simplify the art of writing a persuasive research paper for law students with the help of 5 key steps. So, without prolonging this intro, let’s get to those steps.

1.    Select a Relevant and Narrow Topic

Whether you want to write a research paper for law or any other field, the first step you need to perform is to select a relevant topic. This step is paramount to writing an effective research paper because it will help you form the foundation for a compelling and well-researched paper. Therefore, the earlier you complete it, the better it will be for the overall quality of your law research paper.

But choosing a topic for a law research paper is different from selecting a topic for any other writing form. That’s because broader topics are challenging to cover. Therefore, your chosen topic should be specific and relevant to your interest. For instance, you can narrow your research for a topic to a particular point that aligns with your interest or has significance in law.

Sometimes, colleges or universities assign the research paper’s topic to students. So, if this situation represents your use case, all you need to do is pick a topic according to your interest from the assigned ones.

2.    Perform a Thorough but Methodological Research

Like other writing forms and research papers, thorough research is essential to write an effective law research paper. In fact, it’s the backbone of a research paper. Therefore, you should perform it, which is the second step in this guide.

But unlike other writing forms, the research for writing a law paper must be methodological. So, how can you conduct such research?

Well, existing literature can be a great starting point for the research phase of a law research paper. But other than that, you can use a plethora of sources, such as

• Legal databases.
• Scholarly articles.

Thus, looking for relevant data should be your priority while exploring the above-mentioned resources. But other than that, you should also familiarize yourself with the current legal precedents, principles, and regulations. Doing so will help you collect compelling evidence, arguments, and counterarguments, ultimately supporting your research paper and providing an overall comprehensive analysis.

3.    Create a Well-Thought-Out Outline

Suppose you have collected a lot of information and read all the existing written material regarding your research topic. In that case, you might crown your research paper with a lot of information and get carried away. Therefore, to cope with such a situation, we recommend creating a detailed outline, which is the third step of this guide.

Creating an outline and dividing your research paper into logical sections and subsections will help you formulate a coherent and organized structure. So, do that because this way, you can convey your ideas effectively. But remember that each section and subsection you create should relate to your research question and support your thesis.

Thus, once you’ve maintained a clear flow of ideas through the logical sections and subsections, it will ultimately improve your paper’s readability, which means readers can follow your point quickly.

4. Write in a Clear and Precise Legal Language

Documents related to law are famous for their complex and intricate language. But since a law research paper doesn’t intend to educate people having a legal background only, understanding convoluted language can be challenging for readers. And this situation is especially valid when you have to discuss arguments or concepts that are intricate and nuanced. To cater to this, we recommend writing the law research paper in clear and precise language.

Whether you are developing a solid thesis statement or writing your research paper’s introduction, body, and conclusion sections, it is essential to communicate the ideas clearly. And to do that, first of all, you must avoid using complex sentences and wording. Doing so will make your law research paper accessible to the experts and novices in the field.

But if writing content in a simple and easy-to-read manner is challenging for you, you can reword your complex content with any AI-based rephrase tool . Such tools use advanced NLP and AI technologies to paraphrase sentences and simplify their complexities in no time. This will ultimately save you time in simplifying the research paper manually and improves the overall quality of the paper as well.

5.    Don’t Forget to Revise, Edit and Polish Your Work

You’ve got the research and outline, which means, by now, you will have crafted a first draft of your research paper. And if you have, then it’s time to polish that draft by revising and editing it. But how can you do that?

Well, you can perform the following checks:

• Carefully proofread your paper and look for formatting mistakes.
• Besides formatting, don’t forget to check for grammar, punctuation, or spelling errors. But if you need any assistance, we recommend using an AI writing assistant.
• Your research paper will have a plethora of arguments. So, make sure that every one of them flows logically and cohesively throughout your research paper. And also, analyze whether you’ve supported every idea with relevant details.
• The first draft often contains repetitions of ideas. Therefore, you must trim them to polish your work.
• Perform a check for plagiarism on the content of your research paper.
• Remember to cite every source you’ve assisted in formulating your research paper’s data.
• Remember to use the same citation style throughout the research paper.

Thus, by implementing these tips, you can easily polish your research paper and prepare it for the final submission.

Writing a law research paper requires dedication, meticulous research, and thoughtful organization. However, with the proper guideline, you can enhance your chances of producing a compelling and impactful paper.

So, remember to choose a relevant and focused topic, conduct thorough research, structure your paper effectively, and meticulously revise and edit your work. Thus, with practice and persistence, you can master the art of writing an outstanding law research paper that engages readers and contributes to the legal discourse.

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Supreme Court Seminar (Dawson)

• Introduction to the Supreme Court
• Chief Justices
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• Supreme Court Electronic Resources
• Interlibrary Loan This link opens in a new window

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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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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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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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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.

Explore Resources for LRW

Course overview, statement of rules and understandings, climenko fellowship, modal gallery, gallery block modal gallery.

Home » Opportunities & Events » Courses and Workshops » Hone Your Legal Research and Writing Skills: Enroll Now in our Online Certificate Course by Lawctopus Law School [April 5 – May 30]: Register by April 7!

Hone Your Legal Research and Writing Skills: Enroll Now in our Online Certificate Course by Lawctopus Law School [April 5 – May 30]: Register by April 7!

• Apr 6, 2024
• 94 Comments

About the Lawctopus Law School

Lawctopus Law School has taught over 14,000+ learners and our online certificate courses have an average rating of 92/100.

Our LIVE courses come with weekly live lectures, rigorously prepared reading modules, recorded lectures, practical assignments, personal feedback, and a 100%, no questions asked money back guarantee!

Each batch has a Learning Manager who ensures that all learners have a quality learning experience in the course.

How the course will help you:

Legal research and writing are core skills that all types of legal professionals require. You cannot do away with these skills.

Corporate lawyers, litigators, academicians, judges…everyone just has to be a quality researcher and writer!

The knowledge and skills you learn from the course will help you:

• Develop excellent research and writing skills. Know how to start, how to choose a topic
• Write excellent, publishable research papers that improve your ‘self’ and your ‘CV’
• Write prize-winning moot court memorials, quality research papers
• Draft high-quality legal opinions as a lawyer
• Go about footnoting, endnoting, and referencing like a pro
• Learn about editing your piece and presenting it in conferences, seminars
• Learn the fundamental practical aspects of tools like SCCOnline, Manupatra

Register for the course by clicking here.

Structure of the Course [click on the modules to read more]

Introduces you to the idea of research generally. It asks: how should research be done? Everyone has a different answer to this seemingly simple question. This module tells you some common answers and asks you to pick the one you like.

Module 2 is about research design. It tells you the steps of a research process and discusses them briefly – choosing the topic and title, understanding and explaining the framework of your research, coming up with a research problem, making a research question & hypothesis, deciding the research methodology & method, and writing & presenting the research. Exactly how you take these steps depends, of course, on the philosophy (‘answer’) you pick in Module I.

Choose a research topic, research questions, and get personal feedback from our subject matter experts.

Module 3 tells you more about the research methodology & method. What is “methodology”? What is “method”? Although you would have already read these terms in Module II, Module III gives you more detail. It also explains how the various research methodologies can be classified under the headings qualitative, quantitative, and mixed. Finally, it tells you which methodologies and methods are best suited to doctrinal/analytical and empirical research.

Module 4 dives straight into doctrinal/analytical research methods. How do you research a given legal issue? How do you find the right legislation or case law? This module explains how to best use available resources to find the authority you need.

Module 5 is the empirical counterpart of Module IV. It discusses the various kinds of research methods under qualitative as well as quantitative methodologies.

Submit a rough draft, with the structure of your paper, literature review spelt out, and footnotes keyed in. Get personal feedback again from our subject matter experts.

Module 6 teaches you the art of legal writing. The module explains the art of clear writing with a structured, nuanced approach.

Module 7 explains how to present legal research verbally. Presenting in conferences and seminars is a key activity that helps you develop your research further, disseminate your insights, and build career capital. This module will help you with this.

Module 8 deals with the ethics of legal research. What are the practices you must do during research, and which ones must you avoid? This module explains various scenarios in which ethics become important.

Submission of the final paper. Get personal feedback for the 3rd time by our faculty!

Presentation of your paper before a panel (for best-performing students)

The course has a full-fledged ‘Assignments Module’ which addresses the fundamental, practical questions of doing legal research and writing like: How to find a precise research topic? How to go about crafting research questions? How do I find literature gaps? “Everything I read seems alright. I don’t know how to produce something novel”. What all should I footnote? How do I do that? How do I get published in top law journals and win essay competitions?

Register for the Legal Research and Writing Course by clicking here.

Course Developers

The course has been prepared by Abhayraj Naik, Shrutanjaya Bhardwaj, Anupama Sharma, and Vershika Sharma. The delivery of the course will be done by the e-learning and subject-matter experts at Lawctopus.

Tanuj Kalia, our CEO, and Jatin Garg (an expert in legal instructional design) have worked closely on the overall coordination and planning of the course.

The course has been done by over 5000 learners with an average rating of 92/100.

Trust us, it’s a gem we have on offer!

Abhayraj Naik did his BA LLB (Hons.) from NLSIU Bangalore in 2006 and LLM from Yale Law School in 2009.

He is currently an independent researcher and consultant and has previously taught in colleges like JGLS, Azim Premji University, and NLSIU. He has also been a research fellow at SARAI-CSDS, and a researcher at the Environment Support Group in Bangalore.

Shrutanjaya Bhardwaj is the lead researcher and content developer of this course and worked closely under the guidance of Abhayraj. He completed his BA LLB (Hons.) from NLUD in 2017 where he was awarded the Vice Chancellor’s Gold Medal for the Best Overall Student (Male).

He then worked at the chambers of Gopal Sankarnarayanan for a year and then went on to complete LLM from Michigan Law School in 2019.

Prof. Anupama Sharma is an Assistant Professor at JGLS, Sonipat. She has completed B.A. LL.B. (Hons.) from the NUJS, Kolkata in 2014, and LL.M. from the University of Cambridge, UK in June 2015, and is currently pursuing her Ph.D. from the University of Hong Kong.

She has been a part of various research projects run by institutions and organizations, such as Cambridge Pro Bono Project, Commonwealth Human Rights Initiative (CHRI), International Justice Mission, etc. She has also been a Legislative Review Team member for the Journal of Indian Law and Society (JILS).

Mansi Mankotia graduated with a B.A.LL.B (Hons.) from H.P. University in 2020 and pursued an LLM specializing in criminal law from NLU Shimla. Currently, Mansi is dedicated to advancing her expertise through a PhD in Law. With professional experience as an in-house counsel, she currently serves as a Learning Manager at Lawctopus Law School, contributing to the development and delivery of practical law courses.

Who is this course for?

• Undergraduate and postgraduate students of law.
• Faculty members in the fields of law, social sciences, and business wishing to revisit the fundamental of legal research and writing.
• Young lawyers (both litigators and those working in law firms who are interested in these topics.
• Students of other streams interested in gaining legal research and writing skills

Learner’s Feedback

Course Details

Duration: 8 weeks.

Fees: 6900 INR (Including GST)

Mode of learning:

• Completely online and self-paced. (Except for the weekly live sessions. The recordings of the live sessions is also available)
• Detailed reading modules and resources
• Recorded video lectures
• Weekly live lectures which build on the reading modules, clear your doubts, explain assignments, etc.
• Online forum for doubt clarification
• Regular communication over Whatsapp and Email so that you do not miss any live class or assignment deadline. We deeply ‘care’ for your learning.
• Assignment: submission of a short research paper (this assignment is divided into 3 mini-assignments)
• Personal 3-level feedback on your assignments.
• Optional reflective exercises
• Recorded webinars on careers in legal research, CV-building, earning through freelancing, etc.
• Access to alumni group which will keep you updated about future career opportunities

We go out of our way to support our students!

• Live orientation session which tells you about our platform and how to make full use of the course.
• A broadcast-only Whatsapp group to check updates easily and fast.
• Access to recorded version of the live lectures in case you miss attending them live!

Add-on benefits:

• Get a certificate issued by Lawctopus Law School after the successful completion of the course. (Don’t worry, if you put in a sincere effort in this course, you’ll get a certificate. We are liberal in our markings and give you a second chance. We do want sincere efforts from our learners).
• Free career counselling, CV, and career guidance webinars for everyone.
• A chance to get published on Academike , Lawctopus’ Law Journal (ISSN: 2349-9796).
• An opportunity to mentor future batches for senior students, academicians, and practitioners (this is a paid, part-time, work-from-home position at Lawctopus)

Some achievements of the students of Lawctopus’ Legal Research and Writing Course till now:

• NUALS Law Journal
• LawAndOtherThings
• Law School Policy Review
• Presenting their papers in an international seminar on Liberty
• Securing a Research Assistantship with a Professor from the Oxford University
• Working on a legal history project in the Bombay High Court.
• Securing a research internship with a leading education provider
• Winning top-notch legal essay writing competitions
• Securing internships and freelance gigs based on their writing samples
• Thanks to the excellent research, writing, and editing skills, many of our students submit better CVs and writing samples which has lead to a dozen of internship offers.
• Many of our students have won the country’s best legal essay writing competitions after this course!

These are just indicative list of achievements. While these achievements are due to the students’ own initiative and hard work, they have told us that the course helped them towards these, and we couldn’t be happier!

This course teaches you Legal Research and Writing from A to Z!

Whether you are a 1st-year law student from a lesser-ranked law college, whether you are an experienced faculty member who already has a Ph.D. or you may even be a practicing lawyer wishing to know what the exact process behind quality legal research and writing can look like, you’ll find this course of great utility and spark!

FAQs [click on the Qs to read the As]:

No. You’ll have 7-8 live lectures each lasting approximately 90 minutes. The schedule of the live sessions is released when the course starts. Most of our live sessions happen on weekends or on late evenings so that all learners (students or working professionals) can attend them without skipping their regular classes or office.

We suggest that you spend approximately  3-5 hours/week doing the course. When you spend these 3-5 hours is up to you. You may spend around 40 minutes each day or do it over the weekend.

Yes, this course is designed to help an absolute newbie to learn the fundamentals and nuances of legal research and writing. Even senior academicians find the course of immense use. If you are a professional looking to improve their research and writing skills, this course will help you too.

Yes, you can access the course for a  total of 4 months  [2 months to complete the course + 2 months to review the course]. Please note that the course is complete by the end of the 2nd month. We have strict deadlines for submission of the 4 mini-assignments which have to be followed. However, if you want to revisit and revise the material in the course, you can do that for 2 months after the completion of the course.

We encourage you to attend the live classes after thorough preparations. Just like the real  charm of a live match/performance  is watching it live, the real value of a live class is in attending it live! A lot of new, practical things are covered; and of course, your questions are addressed too. However, if you miss the live class, you can watch the recorded version of the live class which is uploaded for the specific batch only.

Good research and writing skills are absolutely crucial (no questions asked) for any knowledge professional. Every legal professional, whether a corporate lawyer or a litigator, a judge or an academician, requires good legal research and writing skills. Through this course, you’ll learn these core skills. Consider this: even your CV and cover letters are evaluated by recruiters as short writing samples. Is it written well, formatted well? Interestingly, our students have told us that after this course their internship applications which were rejected earlier were not getting accepted! Good research, writing, and presentation skills are transferable to multiple domains. The course will also help you do well in moots, publications, and conferences and seminars.

There is only one compulsory assignment: submission of a 1500-2500 word short research essay. The assignment is divided into 3 mini-assignments. Submission of: 1. A research topic and questions 2. Submission of a rough draft with references and footnotes 3. Final research paper Each mini-assignment is followed by feedback from the faculty. Each student is given feedback. We pride ourselves on being able to give personalized, 3-level feedback.

The intention of the course is to teach you legal research and writing skills. Any type of legal drafting, civil or criminal or corporate, requires good research and writing skills. The focus of this course is not on particular drafts, but on legal research and writing as the broader skill-set. Your drafting will surely improve after doing this course.

Yes. There are many free, open sources available online that can help you with your research. SSRN, Google Scholar, ResearchGate, IndianKanoon, Government websites, and many free and open law journals (both from India and abroad), are an excellent repositories of knowledge, information, and insights. We also provide a list of such sources.

Need help to decide? Feel free to reach out to us on these channels.

Phone calls/WhatsApp Number: 935 968 4056 (Ishani Patankar, Counsellor, Lawctopus Law School)

Email: [email protected]

Lawctopus regularly helps organisations hire interns and employees. Email the JD at [email protected] for free and paid plans.

Join Our Courses and Workshops WhatsApp Group

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94 Responses

I am interested in doing this course. I am a second-year law student. But my problem is that network on my campus is not good…so I will be needing recorded classes. As the network goes anytime. Will it be possible?

I am always struggling in legal writing. Thanks for making this course accessible and I m going to join it right now.

Hey! • The course is marked as from Aug 5 to sep 30 while the duration of the course as mentioned is 2 months(+2 months for review) Could you please confirm the duration of the course?? What are the dates mentioned here relevant for??? • Also, are the studying materials (both reading & videos or other sources) accessible for future use beyond the +2 expansion???? It would be so kind of you to clear my doubts as soon as possible as I am interested to enroll for the course and today is the last date for the same.

Hi, you can write to [email protected] to get all your queries resolved. The course is actually taught for 2 months. You get an additional 2 months to review content on your own.

please someone answer this comment, since the lawctopus people aren’t responding. Can i access the course from different accounts and device, because i have to travel constantly

Hi! May I know which email you wrote to? Answering your query, yes you can. You’re given login credentials through which you can access the course from different devices. However, the account remains the same through which you signed up for the course.

Hi, Good day. I would like to ask if we can pay in dollars and if so how

I am a life-long learner. All along I have studied in night colleges while working during the day. I did my B. A (Economics) in 1976, LL. B. in 1979, D. B. M in 1980, MMM (Masters in Marketing Management) from JBIMS in 1987, did my M. Sc. Psychology from Tamil Nadu Open University, Chennai, Diploma in English Journalism from Annamalai University, had a colourful career in Marketing from Sales Asstt. To Vice President Marketing from a Birla Group Company, did many certificate and short-term courses in law, even now I am doing an Advanced Diploma in Real Estate Law. I am passionate about legal research and want to do the course, which will help me in my writing. My problem is that I will not be able to do it in four months, I want it at my pace. I am a Blogger, Writer and Columnist. How can you help me. I want to do legal research and want to specialise in Constitutional Law. I am writing a paper on total gender equality. If the course is dounloadable I will go for it. Please let me know. Thanks.

Respected sir/mam, i wanted to confirm that after the completion of this course would we be able to access the study material (particularly recorded lectures) for future use?

Hi I’m from Pakistan Can I enrol in this course? Is it beneficial for me?

Do you have a sample video may of 10-20 minutes available, where we can get a taster of the course or content?

Hey Admin, do they provide demo of the course.

Your blog is simply amazing, congratulations on your great work.

Hey, can you please clarify if doing citations will also be taught in this course?

Yes, they’ll be taught.

Hey, can you please clarify if we will be taught how to cite also in this course? Thank you!

I am unable to enroll in the Jan-Feb course as the payment option isn’t operational. Will the payment option be open later on?

I really wanted to enroll for this course, however the last date has passed, is there any chance I can make the payment(today, for the next coming batch – post jan)and access the study material (videos and text resources) december onwards?

Hi Tanisha, you can still register for the Dec-Jan batch. Best,

Can i please apply today, I was unable to apply yesterday due to technical reasons.

Very helpful and Great information, I appreciate advice especially coming from a professional.

Sir…will there be a 7th batch too? As today is the last day to register for the 6th batch and right now I won’t be able to enroll. Please reply asap

It says that the registration is open till November 5th but the 6th batch has officially started from October 1st. Can you please clarify since I’m willing to join.

Hi, the next batch is from December 1. Best,

Thanks for this informative blog. its really helps me as this blog gives all information

Hi. Will there be a 7 th batch for this course?

Hi, when will the next batch (7th) starts ? as right now due to college exams I wouldn’t be join the current batch.

I have no command over English. should I go for this course first or improve my English first?

Hi Rahul, if you have no command over English then you might not be able to do the course well. However, if you are willing to work harder, you can do this course. You’ll have to read/watch everything twice, and you’ll be good to go.

This course looks promising but I didnt see anything that would inform me about the procedure to put this knowledge into action i.e. getting my articles published on reputed platforms. Please throw some light on that.

Can 1st year law students take up this course?( If we’re pursuing 5year law degree)

Yes, Samridhi.

I would love to join this course but i have a issue that my mid semester examination will be going on between the course period i.e from 21 – 25 sep. will i be able to manage this course simultaneously with my examinations?

Hi Deept, you’ll be able to manage. If an assignment falls within this duration, you can ask for an extension. But you must communicate it with us.

When will the next batch start?

Hi, September 1.

Sir today is 19th Aug.. Can I enroll today… Please reply asap

Hello. There is one typo error in FAQ 6, para starting with .. consider this…are now* (instead of not*) getting accepted. Thank you.

Hello, I was planning on registering for the Batch starting on August 1st. Are slots still available?

Please do reply ASAP, I would really look forward to enrolling for this course

Hello, I am Tanishka, online sources like SCC or Manupatra are usually required for research but I don’t have access to any of these, will it be a problem to join the course if I don’t have access of the afore?

Hi Tanishka, not at all. There are many ‘free’ and trusted egal databases which can be used. Best,

Hey sir Rajat here Sir i m from jk ! And I have internet connection problems as u know 2g is working there! So videos are available offline also? Can we watch them offline !?

Hi Rajat, sorry, the videos can’t be accessed offline. 🙁

Hello, Is this course easy to understand for the first year enrolled students of LLB? Waiting for a reply soon. Best Regards Mohit

Yes. It’s easy to understand. The purpose of this course is to teach you legal research and writing and we have many 1st year students doing the course. Even academicians do this course to brush up their skills/revise.

hey, i just submitted my payment and i went to my id to change the password but i forgot the old password can you please help me

Is there any free course because there are students who aren’t able to pay the fees but wanted to study various courses if there are then please do convey.

You can check our Youtube page for free webinars.

Please go to courses.lawctopus.com. If there is any issue, please email at [email protected]

Hello,I am inquiring  regarding Online Legal research and writing. Please let me can I register now?what are the timings?will I be able cover backlog sessions?Please reply ASAP

Can we still apply for the course

You have stated in “achievements of students who took this course” that one student 3 got published in Law School Policy Review and got Research Assistantship with a Professor from Oxford University. He’ll be working on a legal history project in the Bombay High Court” — can you please tell me which professor from oxford university and how he got the RA?

I am looking forward to starting this course soon, after this query is responded to

Can’t disclose the name till our student gives us the permission. Can introduce you to the student directly and you guys can talk. Email at [email protected]

im going to be enroll as a research scholar wanted to join this course. can i join it now on 29th of may by paying 3500?

I am a Govt Law College Professor and Research Guide and has experience in handling classes for scholars and guides in fora including those of Christ University Banglore. If you are interested, I would like to associate with you by taking online classes and by providing materials including ppt and other materials.

Hi, sure, it will be responded to asap. Don’t worry at all! Best,

i want to talk to Tanuj Kalia sir, please contact me on 9947300916 I would like to join Legal research course

Hi sir, i just go through the course. If the registration is open…is it possible to make payment in installments for the course?

Hi Vrinda, sorry but you cannot make payments in installments. We are trying to have scholarships and partial payments from August 1 onwards to make our courses more accessible. Best,

Can you please tell us about these scholarships?

Is the Course still Open? Please Revert back ASAP!

hi just go to know about the course,i have registered but i am facing an issue with the transaction

Can we now submit to become a college manager?

Hello, I have just gone through the legal research course about to begin from 1st of June. Can you please let me know that wil there be any online session (if yes, what wil be the time slot) or recorded lecture?

There are recorded lectures and live sessions. Timings for live lectures will be informed later.

Hi, since the course starts on 1 June, can I enrol for Batch 3 now?

Hi, we’ll start a new batch that starts from July 1.

hello, I just came across the post. is there any vacancy in the batch? if yes, I would love to join in.

Is this course is still open?!

IS THE COURSE STILL OPEN

HI can I apply for the course now?

Hi can i join this course, i ll make the payment right now if registration is still open. I just came across the course now

Hi, we’ll look into this. When did you email us about this (if you did)?

I am from Nepal , how can I pay the program fee and get enroll in this.

Yes, we are sure that even international students can get immense value out of the program.

Since we are already at home due to the prevailing health crisis, is it possible the course could be started earlier – say in the month of May itself? If things smoothen out, my college may open in July, preventing me from learning the key aspects of the last four modules.

Hi Jei, you’ll be given 50% of the course access from April 21 onwards. You can read the modules and watch the videos for the first 4/5 modules from April 21 onwards.

Hi. Is there a possiblity to enrol past the deadline for the third batch ?

i wasnt aware about this course , is there any chance i can enroll now ?

Hii,can I puchase the course by involving one of my friends to purchase it so that we both have access to material. I want to go dutch

Sorry, that is not allowed. 🙁

Hi, we are extending the date of registration to April 12.

Its 21st April and registration deadline seems to be passed…can I still enroll for course?

hey I’m having some payment issues. I tried paying with a card and today is the last date

Will there be a 3rd batch for this course?

Hi Can I please join this course, I saw the notification a day after the deadline.

Hi Anchal, you can join the 2nd batch of this course. The 2nd batch will officially start from June 1. However, you can access the study material (videos and text resources) from April 11 onwards. Best,

Can I join the course scheduled for next month. . Please convey the dates of Registration

Thanks & Regards

Rajesh Choudhary

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Paper Writing for Seminars and Student Comments

Topic selection, preemption checking, research & note taking, writing & citation, getting published, how to pick a topic.

The first step to coming up with a claim is to identify a problem - new legal developments, conflicts in the law, gaps or errors in current scholarly understanding, or any other flaw or hole that you identify within the legal world as it stands. The next step is to propose a solution to that problem - your proposed solution then becomes your claim.

Ideas for a note topic can come from almost anywhere: newspapers, magazines, blogs, other journal articles or circuit splits.  For circuit splits, identify an area of law or issue where courts have ruled differently and analyze an aspect of the issue or rulings.  In Lexis or Westlaw, search for caselaw referring to a circuit split by including a search string like "court or circuit /s split." Bloomberg Law compiles a monthly list of circuit splits available here (Bloomberg login required). 

Keep in mind that you may realize the need to broaden or narrow your topic during the writing process.

Topic Selection Resources

• Choosing a Topic for Seminar Papers and Journal Notes: Idea Generator (University of Michigan)
• Topic Selection (NYU Law)

What is Preemption Checking?

A preemption check is conducted to determine whether there is new law or a prior publication (whether by student author or expert) that renders an article moot.  Your treatment of the topic must be original.  Your issue can be preempted in two ways.

• Preemption by law  means that new case law, statutory or regulatory law has made your topic moot.   An in-depth and complete search in the case law, legislative, codes and regulations databases is a must to make sure your issue is not already addressed by law.
• Preemption by author  means that someone has already addressed the topic.  A thorough search must be conducted to determine if any publications or articles have already been written addressing your issue using the same reasoning.  We are focusing on specific arguments and claims, not just a broad treatment of a topic.

Cautionary Notes:

• Conduct a preemption check before spending time and energy writing and researching your topic. 
• The full text databases on Lexis and Westlaw are not necessarily full text!  Some law reviews and legal journals are not on Westlaw & Lexis.  Others are listed in the databases but not every article from every issue is included. Extend your search beyond Westlaw and Lexis.  Use a variety of databases and a variety of search techniques.
• Use the history features or keep a log of your steps as you work through the databases.  

Preemption Checking Steps

In Westlaw:  Search the following databases:

• Journals and Law Reviews (JLR)
• Texts & Periodicals – All Law Reviews, Texts & Bar Journals (TP-ALL)
• American Jurisprudence (AMJUR)  (I would also search CJS)
• American Law Reports (ALR)
• Index to Legal Periodicals (ILP)
• Legal Resource Index (LRI)
• Current Index to Legal Periodicals (CILP) – A categorized list of the newest articles just being published.
• General news databases – for recent articles about your topic.
• Check case law and legislation and to KeyCite any of your cases and legislation.  The KeyCite report includes secondary sources that cite your case and legislation.  This will lead you to material that discusses your cases or legislation.

In Lexis:  Search the following subject areas -

• Combined (LGLPUB) - The Legal Publications group consists of over 900 individual secondary sources including: Law Reviews, Bar Journals, ABA Journals, Legal Newspapers, Legal Newsletters, Specialty Legal Publications, and CLE Materials
• Legal Journals & Periodicals
• Legal Resource Index (LGLIND)
• Law Reviews by Area of Law
• General News Databases – for recent articles on your topic.
• Check case law, legislation and to Shepardize your case and legislation.  The Shepard's report includes secondary sources that cite your case and legislation.

Don't forget to check databases outside of Westlaw and Lexis like Google Scholar , Copley Databases (e.g. JSTOR), and prepublication databases such as BePress and SSRN . 

Other Guides for preemption checking

• Lexis's Getting Selected for Publication: Be sure your topic is original and well supported A short guide on using LexisNexis to conduct a preemption check.

Good seminar papers and student comments will combine a variety of primary sources as well as secondary scholarly resources like books, journal articles, and sometimes newspaper/magazine articles. 

• For books , use the LRC Catalog , Circuit (certain San Diego libraries), or Interlibrary Loan (most other libraries in the United States).  The reference librarians can help procure almost any book you need for your research needs at no cost to you .  
• For journal articles , start with Google Scholar or the journal and law review databases in Westlaw and Lexis .  If you are looking for a specific journal article where you know the citation, search the LRC catalog by journal title to see whether we have print or electronic access to that particular journal.  If you are still unable to locate a specific article you know exists, please contact the reference desk for assistance. 
• For newspaper/magazine articles , search the LRC catalog by newspaper/magazine title (e.g. Wall Street Journal), to determine whether we have print or electronic access to that particular newspaper/magazine.  If you are still unable to locate a specific article you know exists, please contact the reference desk for assistance. 

Ensure Proper Attribution with Good Note-Taking

If you cut & paste text from another source to look at later, immediately mark it as copied text & include the bibliographic data you’ll need for a citation.

Alternatively, if you’re taking notes from a source, distinguish your own ideas and analysis with some marking.

Save your notes and sources until you have finished writing your paper and received a final grade.

Double-­check your work against each source to make sure you have not accidentally plagiarized something.

Rules for Quoting

Whenever you copy anything, you must put quotation marks around it. Merely citing the source for the quote is not sufficient.

• Short quotations must conform to the syntax of the sentence in which you place them. Pay attention to tense and subject/verb agreement.
• An especially long quotation—50 or more words—should be set off by indenting the whole passage.
• Do not quote from or cite a source that you have not directly consulted.
• Citation should include a specific page reference.

Tips & Tricks

• Use quotations infrequently.
• Try paraphrasing.
• Never rely on a quote to make your argument for you.

Paraphrasing

To paraphrase is to restate the meaning of a segment of text using other words, either

• by expanding and clarifying, or,
• by summarizing the main point or points.

It's not enough to simply change a few words around, or replace words with synonyms!

• If you must borrow a unique word or phrase, enclose it in quotation marks.
• Always indicate whose ideas you are paraphrasing by providing a footnote reference (including a page reference).
• Sometimes it may also be appropriate to introduce your paraphrase with attribution. (According to Howard Gardner…).
• Make sure that you make it clear to the reader where your paraphrase begins and ends and where your own ideas or comments are included.
• Check your paraphrase against the source for accuracy, and modify phrases that match the original too closely.

There's an App for That!

Actually there are MANY apps for that. Two popular options are Evernote and Microsoft OneNote.

Or, search for note taking applications. See for example  https://www.lifewire.com/best-note-taking-apps-4136590 

Academic Legal Writing

• The #1 recommended textbook for helping students write and publish their articles
• Includes detailed instructions and templates. 
• Available in the LRC Reading Room at  KF250 .V65 2016
• A downloadable Word template is available here . 

• This book teaches law students how to write scholarly papers for seminars, law reviews, and law review competitions. There are chapters on footnote practice, plagiarism, law review editing, and publication.
• Available in the LRC Reading Room at  KF250 .F35 2005 . 

Paper Structure

Typical Outline of a Note (from NYU Law, the Writing Process ) 

• Introduction : The Introduction should include a description of the problem, a thesis statement, and a roadmap of the argument to follow.
• Part I : This section should be used to set forth the background information on which the later analysis in your Note will depend. It should be a general and broad review of the important issues relevant to your topic that educates your readers about everything they must know in order to understand your Note. When writing this section, be sure to use language that a reader who is not familiar with your Note topic can easily understand.
• Part II : This section should examine the major cases and statutes that your Note will be analyzing. It will contain the main portion of your analysis of how the law stands. For example, if your topic focuses on a circuit split, Part II is where you would explain the conflicting holdings and rationales. You may also choose to discuss what other commentators have said about your topic and these cases.
• Part III : This section is where you will contribute your own analysis of and views on the topic. You will say why you feel the cases/commentary you analyzed are wrong and what should be done instead. In the case of a circuit split, say which side is better and why. Part III is where you should place your original thoughts and contributions, along with the conclusion of your Note.
• Conclusion : The Conclusion should briefly restate what you have already said. You should not focus too much on this section when preparing this Prospectus.

Legal papers typically cite according the The Bluebook: A Uniform System of Citation, Twenty-First Edition .

Don't forget to use the index and tables at the back of the Bluebook if you are having trouble locating a specific example.

The LRC has print copies of the Bluebook available for checkout. 

Types of Plagiarism

It can be deliberate or accidental; partial or complete.

Plagiarism can include:

• Buying, stealing, or ghostwriting a paper.
• Using other people's ideas without proper citation .
• Improper use of quotes (e.g. improperly altering a quote or failing to use quotation marks).
• Paraphrasing an author too lightly.

Consequences of Plagiarism

Plagiarism violates USD’s Honor Code. Consequences of plagiarism can include:

• Failing grade
• Rescission of a degree, even after graduation.
• Barrier to admission to the bar.
• Degradation of a university’s reputation and diminishing the value of its degrees.

USD Honor Code

Access the full USD Honor Code here .

Each student is responsible for reading, understanding, and complying with this Honor Code and for reporting any violations of the Honor Code.

A violation (e.g. plagiarism) may be either an infraction or a serious violation.

Minor infractions may result in a reduction in grade, withdrawal from the course, retaking of the course, additional work for the course.  

Serious violations are handled by the Honor Code Hearing Committee and can result in expulsion, suspension, a letter of censure, the need for additional courses or credits, or other sanctions.

Examples, Practice, and Quizzes

Use these free online tutorials and quizzes to further hone your skills in identifying plagiarism:

• Indiana University, How to Recognize Plagiarism Compare passages side-by-side to identify plagiarism
• Harvard Law School, Plagiarism Quiz Quiz on the rules and consequences of plagiarism.
• CALI Lesson – Plagiarism – Keeping out of Trouble 45-minute interactive tutorial. Must have a CALI account.
• T.W. Frick et al., How to Recognize Plagiarism: Tutorial and Tests (2014)
• Ramona Islam, The Plagiarism Tutorial: The Plagiarism Court

SafeAssign Overview

SafeAssign  is a Blackboard tool where students can submit drafts of papers to check for possible instances of plagiarism before they submit final drafts to their course instructors.  SafeAssign is free to USD students.

• Email [email protected]  to be added to the Legal Research Center Organization
• When you are ready to submit your paper, login to Blackboard at https://ole.sandiego.edu/ultra/organizations and click on the Legal Research Center under the Organizations tab

• Click on View Assignment
• Upload your document
• Wait for an Originality Report

Understanding your Originality Report

SafeAssign compares submitted drafts to its database of scholarly research (journal articles, student papers, and other internet sources) and returns a Originality Report detailing the percentage of text in the submitted paper that matches existing sources. The report shows the suspected sources for each section of the submitted paper that returns a match. 

SafeAssign does not automatically detect plagiarism . It is up to the student to interpret the meaning of the Originality Report.  

For help understanding your Originality Report, please click here .

Notice Regarding Privacy

Papers submitted through SafeAssign  on the Legal Research Center's page will not be saved in SafeAssign's database and will not be distributed to instructors. 

For questions email the LRC Reference desk .

Submission to Student-Edited Journals

This option is time-sensitive and the two submission seasons during the year are February to early April and August-October.  Submissions to student-edited journals is usually done through Scholastica .  For questions or help setting up an account with Scholastica contact the reference desk at [email protected] . 

After you set up an account, you'll have to select which journals you'd like to submit to. It can be difficult to narrow down your choices but in general you want to keep in mind the overall reputation of the journal and/or subject specialties. Washington & Lee has a reputable journal ranking system here:  https://managementtools4.wlu.edu/LawJournals/ . Just like applying to law schools, you want to submit to a range of journals including ones that you think you have a very good chance at getting and others that are more of a reach. For more information on publishing student work and a list of policies from 196 law reviews with respect to publishing student work, check out this article faculty at UMKC School of Law:  Submission of Law Student Articles for Publication .

Before embarking on your journey, read a USD student's perspective on getting published: Justin Shields '18,  How Can I Get Published? , Motions.

Writing Competitions

There are tons of writing competitions that run throughout the year.  Although writing competitions do have deadlines, there are no strict "seasons" like student-edited journals.  Check out lists of potential writing competitions here  https://abaforlawstudents.com/events/law-student-competitions/writing-competitions/  and here  https://www.sandiego.edu/law/current/writing-competitions.php .

Calls for Papers

A call for papers is an announcement by editors of a journal or organizers of a conference that they are seeking papers on a given theme.  Here are some up-to-date blogs that post calls for papers:  https://www.thefacultylounge.org/calls-for-papers/  and  http://www.legalscholarshipblog.com/category/type/calls-for-papers/ .

• Last Updated: Apr 4, 2024 9:48 AM
• URL: https://lawlibguides.sandiego.edu/paper-writing

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Think, research, and write better! Paper publications are a good side-effect.

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About the Course

Legal research and writing are core skills that all types of legal professionals require.

Corporate lawyers, litigators, academicians, judges; just about everyone has to be a quality researcher and writer!

The broad benefits for your ‘Self’ include being a better reader, thinker, researcher, writer, and presenter of the law.

The specific benefits for your ‘CV’ include getting your papers published, winning essay competitions, and generally drafting everything better (cover letters, legal opinions, moot memorials, etc.)!

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Why should you join this course.

• Learn how to research, analyse, and writer from start to finish.
• Get an indepth, practical understanding of research design and methods.
• Learn by doing! Do 3 mini-assignments (1 short research paper) and get personal feedback.
• Develop the skill of referencing and footnoting.
• A rigorous, yet caring learning environment.
• Best student present their papers in an e-conference.

Meet the Faculty

This course has been designed and delivered by Shrutanjay Bharadwaj, Abhayraj Naik, and Anupama Sharma

Mansi Mankotia, has graduated with B.A.LL.B (Hons.) from H.P. University in 2020, she pursued an LLM specializing in criminal law from NLU Shimla. Currently, Mansi is dedicated to advancing her expertise through a PhD in Law.

Assistant Professor, Assistant Dean (International Collaborations) and Fellow Centre for Penology, Criminal Justice and Police Studies at O.P. Jindal Global Law School.

Graduated from NLUD in 2017 (Vice Chancellor's Gold Medal Awardee). Worked at the chambers of Gopal Sankarnarayanan. Currently pursuing LLM from Michigan Law School.

Graduated from NLSIU Bangalore in 2006 and completed LLM from Yale Law School in 2009. Currently an independent researcher and consultant.

This course, designed by experts, will help you master the Legal Research and Writing skills!

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Empirical Legal Research Methods - Legal Research and Writing

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No. You’ll have 7-8 live lectures each lasting approximately 90 minutes. The schedule of the live sessions is released when the course starts. Most of our live sessions happen on weekends or on late evenings so that all learners (students or working professionals) can attend them without skipping their regular classes or office.

We suggest that you spend approximately  3-5 hours/week  doing the course. When you spend these 3-5 hours is up to you. You may spend around 40 minutes each day or do it over the weekend.

Yes,  this course is designed to help an absolute newbie to learn the fundamentals and nuances of legal research and writing. Even senior academicians find the course of immense use. If you are a professional looking to improve their research and writing skills, this course will help you too.

Yes, you can access the course for a  total of 4 months  [2 months to complete the course + 2 months to review the course]. Please note that the course is complete by the end of the 2nd month. We have strict deadlines for submission of the 4 mini-assignments which have to be followed. However, if you want to revisit and revise the material in the course, you can do that for 2 months after the completion of the course.

We encourage you to attend the live classes after thorough preparations. Just like the real  charm of a live match/performance  is watching it live, the real value of a live class is in attending it live! A lot of new, practical things are covered; and of course, your questions are addressed too. However, if you miss the live class, you can watch the recorded version of the live class which is uploaded for the specific batch only.

Good research and writing skills are  absolutely crucial  (no questions asked) for any knowledge professional. Every legal professional, whether a corporate lawyer or a litigator, a judge or an academician, requires good legal research and writing skills. Through this course, you’ll learn these core skills. Consider this:  even your CV and cover letters are evaluated by recruiters as short writing samples. Is it written well, formatted well? Interestingly, our students have told us that after this course their internship applications which were rejected earlier were not getting accepted! Good research, writing, and presentation skills are transferable to multiple domains. The course will also help you do well in  moots, publications, and conferences and seminars.

There is only one compulsory assignment: submission of a 1500-2500 word short research essay. The assignment is divided into 3 mini-assignments. Submission of: 1. A research topic and questions 2. Submission of a rought draft with references and footnotes 3. Final research paper Each mini-assignment is followed by feedback from the faculty. Each student is given feedback. We pride on being able to give personalised, 3-level feedback.

The intention of the course is to teach you legal research and writing skills. Any type of legal drafting, civil or criminal or corporate, requires good research and writing skills. The focus of this course is not on particular drafts, but on legal research and writing as the broader skill-set. Your drafting will surely improve after doing this course.

Yes. There are many free, open sources available online which can help you with your research. SSRN, Google Scholar, ResearchGate, IndianKanoon, Government websites, and many free and open law journals (both from India and abroad), are an excellent repository of knowledge, information, and insights. We also provide a list of such sources.

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