Chapter 1: Before Beginning Legal Research

Question 1

Legal Research Process Steps

Answer 1

• Identify the pertinent facts in the case at hand
• Identify the legal issue to be researched
• Find the law applicable to the legal issue
• Analyze the law as it relates to the legal issue and facts of the case at hand
• Communicate the findings of the research and analysis

Question 2

First Questions to be Asked

Answer 2

-When is the deadline for this assignment?
-What is the form the final research product is to take?
-What is the scope that the research should take?
Does the attorney want it limited to case law, statutes, or administrative procedures? Should online research tools be utilized? Some clients may not want to pay the fees and costs associated with having the attorney use online research tools such as Lexis or Westlaw. Understand the parameters under which the legal research should be conducted and stay within them
-Which jurisdiction controls the incident? The jurisdiction can limit or expand the research depending on the facts. The scope of the research could be limited to city ordinances. Is it a state or federal issue?

Question 3

In order to proceed in an organized and efficient manner, it is important to write out your research plan. Your written plan should consist of the following:

Answer 3

• A vocabulary list of both factual and legal terms
• An initial legal problem or issue
• An outline of the sources to be checked to gather the law