legal analysis research and writing

Legal Research, Analysis, and Writing, 5th Edition

William h. putman, jennifer albright.

Become the "go to" paralegal at your firm as you prepare for a career in law with Putman/Albright's popular LEGAL RESEARCH, ANALYSIS, AND WRITING, 5E. This reader-friendly, step-by-step approach shows you how to conduct reliable digital and traditional legal research, analyze the results and write clear memoranda and other legal documents that are well supported. Each chapter begins with an interesting hypothetical scenario and ends by showing you how the chapter’s concepts apply to the scenario. You walk through the legal process as chapters discuss key facts and issue spotting, analysis and counter-analysis, research, secondary sources, citations and writing strong legal briefs and memoranda. Updates show you trusted sources for digital research, while the latest examples, Practice Alerts learning features and optional Cengage Infuse digital resources help you refine skills to stand out as a legal professional in today's tech-driven, competitive job market.

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PART I: INTRODUCTION TO RESEARCH, ANALYTICAL PRINCIPLES, AND THE LEGAL PROCESS. 1. Introduction to Legal Principles and Authorities. 2. Introduction to Legal Research and Analysis. PART II: LEGAL RESEARCH. 3. Constitutions, Statutes, Administrative Law, and Court Rules—Research and Analysis. 4. Case Law—Research and Briefing. 5. Secondary Authority and Other Research Sources—Encyclopedias, Treatises, American Law Reports, Digests, Shepard's. 6. Secondary Authority—Periodicals, Restatements, Uniform Laws, Dictionaries, Legislative History, and Other Secondary Authorities. 7. Computers and Internet Legal Research. 8. Commercial Internet Research. PART III: THE SPECIFICS OF LEGAL ANALYSIS. 9. Legal Analysis—Key Facts. 10. Legal Analysis—Issue Identification (Spotting the Issue). 11. Legal Analysis—Stating the Issue. 12. Case Law Analysis—Is a Case on Point? 13. Counteranalysis. PART IV: LEGAL WRITING. 14. Fundamentals of Writing. 15. The Writing Process for Effective Legal Writing. 16. Office Legal Memorandum: Issues and Facts. 17. Office Legal Memorandum: Analysis to Conclusion. 18. External Memoranda: Court Briefs. 19. Correspondence. Appendix A: Court Opinions Referred to in the Text. Appendix B: Appellate Court Brief. Glossary. Index.

William Putman is a lawyer and former instructor in the programs for Legal Assistant Studies at Central New Mexico Community College in Albuquerque and Paralegal Studies at Santa Fe Community College. A member of the New Mexico Bar since 1975, he received his Juris Doctor degree from the University of New Mexico School of Law.

Jennifer Albright was an instructor and the director of the paralegal studies and judicial studies programs at Central New Mexico Community College in Albuquerque. She is currently an adjunct faculty member in legal assistant studies at Phoenix College and a professor of practice at the University of Arizona James E. Rogers College of Law. Professor Albright received her Juris Doctor degree from Southern Illinois University School of Law and her L.L.M. from Arizona State University. She a been a member of the New Mexico Bar since 1999.

RESEARCH UPDATES EXPLORE THE LATEST ONLINE AND ELECTRONIC RESOURCES: Revisions to chapters 3 through 8 now integrate discussions about today’s most current, popular online and electronic sources, including Lexis Advance, Nexis Uni, Shepard’s Citations®, Westlaw, KeyCite® and Bloomberg Law. Students also learn how to use non-commercial websites effectively to conduct primary and secondary legal research.

INCLUSIVE LANGUAGE AND APPROACH THROUGHOUT THIS EDITION DEMONSTRATE BOTH DIVERSITY AND RESPECT: Revised chapter hypothetical situations, examples and assignments have all been carefully reviewed and updated to ensure greater inclusivity that reflects the reality of both today’s student populations and future clients.

LEGAL HYPOTHETICALS CAPTURE READER INTEREST AND SHOWCASE THE IMPORTANCE OF CHAPTER CONCEPTS: Intriguing and direct hypothetical scenarios at the beginning of each chapter raise key legal questions and require students to leverage the chapter’s content to understand the issue’s relevance in the law and the real world. Examples at the end of the chapter demonstrate how to apply key legal concepts that students just learned to the chapter’s hypothetical opening, again reinforcing the relevance of the chapter’s content.

PRACTICE ALERTS HIGHLIGHT IMPORTANT CONCEPTS AND ETHICS AT WORK IN THE LEGAL SYSTEM: These Practice Alerts in each chapter draw students’ attention to the importance of specific concepts in today’s legal practice. This feature also highlights the significance of ethical duties when completing legal research and writing.

CLEAR READINGS HELP STUDENTS BETTER UNDERSTAND LEGAL JARGON, RESEARCH AND PRACTICES OF LAW: The authors use an approachable, easy-to-read format when discussing every topic to enable even those with limited exposure to the law to grasp legal terms, today’s court system and research and validation approaches. The authors also clearly introduce analysis of findings, writing formats and other concepts that are unique to the practice of law.

CHAPTER LEARNING FEATURES, EXAMPLES AND APPLICATIONS REINFORCE COMPREHENSION: Lists of key points within the readings keep readers focused on the important issues. Chapter-ending assignments also help students recall and apply new principles and techniques. As yet another layer of reinforcement, memorable examples appear after every important principle to help readers retain and internalize concepts.

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First-Year Legal Research and Writing Program

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Email:   [email protected]

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

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

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How to Conduct Legal Research

September 21, 2021

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

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

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

What is legal research?

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

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

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

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

Where do I begin my legal research?

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

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

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

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

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

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

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

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

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

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

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

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

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

How to optimize your search.

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

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

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

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

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

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

How can legal research help with drafting or strategy?

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

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

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

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

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

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

Dive deeper into competitive research.

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

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

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

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

How do I validate case law citations?

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

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

How should I use technology to improve my legal research?

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

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

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

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

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

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

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Legal Research, Analysis, and Writing 4th Edition

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• ISBN-10 1305948378
• ISBN-13 978-1305948372
• Edition 4th
• Publisher Cengage Learning
• Publication date July 10, 2017
• Language English
• Dimensions 8.25 x 1 x 10.5 inches
• Print length 832 pages
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• Publisher ‏ : ‎ Cengage Learning; 4th edition (July 10, 2017)
• Language ‏ : ‎ English
• Paperback ‏ : ‎ 832 pages
• ISBN-10 ‏ : ‎ 1305948378
• ISBN-13 ‏ : ‎ 978-1305948372
• Item Weight ‏ : ‎ 3.09 pounds
• Dimensions ‏ : ‎ 8.25 x 1 x 10.5 inches
• #48 in Paralegals & Paralegalism (Books)
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Legal Research, Analysis, and Writing Program

Berkeley Law’s Legal Research, Analysis, and Writing Program relies upon contextual problem solving to teach students how to understand, research and analyze legal issues, and how to present their analysis through effective legal writing and oral argument. In a small class setting, students learn what legal writing is, how it differs from other forms of writing, and how to write to serve clients’ varying needs.

Students are taught by full-time faculty who bring significant teaching and practical experience to the classroom. Faculty come from senior levels of private practice, public interest organizations, government, and the court system. Faculty work with their students for both semesters of the students’ first year. This continuity of instruction allows faculty to provide highly individualized feedback to students. The small class size gives students the opportunity to develop strong mentoring relationships with faculty.

Berkeley Law’s Legal Research, Analysis, and Writing Program relies upon case simulations to teach lawyering skills. Students work on legal problems that are realistic fact scenarios. For each problem, students represent a client with specific issues and goals. Students learn to analyze and extract relevant evidence from a case file, in the same way they would in the workplace. Students then research and learn the substantive law that relates to each problem, testing their substantive understanding through group presentations and simulation exercises. Students work both collaboratively and independently. 

During the Fall Semester (LRW, or Legal Research and Writing), students learn legal reasoning, research skills, and predictive legal writing. For each project, students research the law relevant to a hypothetical dispute and predict how a court would apply the law to specific facts. Students engage in increasingly complex written analyses, using more sophisticated techniques as the semester progresses. Meanwhile, students improve their legal research skills as they explore new research techniques and sources with each writing assignment and through separate research exercises. Students receive detailed written feedback on their work and further review those comments during individual conferences. Second and third-year law students who serve as teaching assistants are available to provide students additional support. 

During the Spring Semester (WOA, or Written and Oral Advocacy), students learn persuasive writing and oral advocacy. WOA builds on the research, analysis, and writing skills introduced in the first semester. Students research a complex legal issue and write a persuasive trial court brief on behalf of the client they are assigned to represent. As in the Fall, students find, analyze and analogize to case law, and receive individualized feedback. Classroom exercises and practice hearings prepare students ultimately to argue the matter against a student representing the opposing side. The skills students learn in LRW and WOA transfer to other contexts that demand efficient and comprehensive legal research, clear legal analysis, excellent writing, and effective advocacy.

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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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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 294 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 Apr 12, 2024 4818 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 Apr 12, 2024 3838 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 Apr 12, 2024 3200 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 Apr 12, 2024 599 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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Legal Analysis, Writing & Research Program

In this year-long course, students focus on a most basic skill: using language with precision, clarity, and persuasiveness. They also learn the fundamentals of legal research and obtain extensive practice in legal writing with regular feedback.

On this page:

Law schools understand that strong skills in analysis, writing, and research are essential to your future success as a lawyer. But at the University at Buffalo School of Law, you will receive much more instruction in those critical skills than at most law schools.

Under the Law School's Legal Analysis, Writing and Research (LAWR) program, all students complete a 7-credit, two-semester LAWR curriculum. Upper-division students are required to take a third semester advanced writing course.

We developed the LAWR program after extensive focus group meetings with judges and practitioners and interviews with experts in legal writing. Through that process, we identified the reasoning, writing, and research skills that legal employers expect from recent graduates. And over the course of two semesters, we give students repeated opportunities to practice and refine those skills.

Both semesters are taught by full-time LAWR faculty. Throughout the LAWR program, students learn legal analysis and writing through immersion in the practice of writing, and through cycles of trial and error, feedback, and reflection. Because the courses are taught in small sections with an excellent instructor-to-student ratio, students are inspired to think critically and approach legal questions in a newly-disciplined way.

The First Semester [LAWR I]

The first semester (4 credits) is focused on foundational skills, including close and critical reading; case briefing, analysis and synthesis; the organization and structure of legal rules and legal analysis; the application of law to fact; and a step-by-step approach to drafting a written analysis.

Throughout the semester, students learn how to identify legal issues in a given set of facts and predict how a court would likely resolve those issues. Students also learn legal citation and work extensively on writing skills, ranging from plain English, grammar, and punctuation to effective legal style and usage. Prior to the final assignment (a full office memorandum), students will first complete numerous shorter assignments focused on developing specific skills.

Each professor provides extensive individual feedback through comments on assignments and a series of individual and small group conferences with students. This systematic and hands-on approach helps ensure that by the end of the semester, students can communicate their analysis in a clear, concise, and well-organized manner.

Research Instruction.  Beginning in the first semester and continuing throughout the year, research and writing instructors work closely with reference librarians to introduce students to legal research. This close collaboration ensures the students acquire research skills in a graduated, systematic manner closely linked to the legal analysis and writing components of the course.

The Second Semester [LAWR II]

The second semester builds on this foundation and progresses to more advanced skills, including additional analytical skills, persuasive writing skills, and independent research.

During the second semester (3 credits), students will work on progressively more complex assignments, which may include open research memoranda and client letters. The capstone of the second semester is a motion for summary judgment, with oral argument on the motion before local practitioners and judges.

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The Legal Writing Handbook offers a complete resource on legal writing. Part I provides students with an introduction to the U.S. Legal System; Part II gives an overview of legal research, with both an introduction to sources and to research strategies; Part III introduces students to predictive memos, e-memos, and client letters; Part IV covers motion briefs; Part V offers an overview of appellate briefs; Part VI introduces oral advocacy; Part VII is a guide to effective writing; Part VIII is a guide to correct writing; and Part IX focuses on the needs of ESL writers.

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At the University of Washington School of Law, many faculty require extensive writing in their courses. All faculty may supervise independent writing projects or teach seminars. A core group of faculty, however, specializes in teaching legal analysis. This group has diverse practice experiences and teaching interests but is united by a dedication to teaching, high expectations for our students, and a commitment to preparing students for a rapidly changing legal practice world. Our faculty publish scholarship about legal analysis, research, writing and doctrinal topics, and are actively involved in national legal writing associations.

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Mireille Butler

Associate Dean for Research and Faculty Development (206) 616-5343 butlm@ uw .edu

Lauren Sancken

Co-Director, Legal Analysis, Research and Writing (206) 543-0947 sancken@ uw .edu

Jaclyn Celebrezze

Assistant Teaching Professor (206) 543-2261 jcbrezze@ uw .edu

Jeff Feldman

Professor from Practice 543-0600 feldmanj@ uw .edu

Benjamin Halasz

Associate Teaching Professor (206) 543-4947 bshalasz@ uw .edu

Amanda Stephen

Assistant Teaching Professor akmaus@ uw .edu

Associate Teaching Professor (206) 543-2458 dziff@ uw .edu

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Helen Anderson

Professor Emeritus of Law hander@ uw .edu

Mary Hotchkiss

Teaching Professor Emeritus (206) 616-9333 hotchma@ uw .edu

Kathleen McGinnis

Teaching Professor Emeritus of Law (206) 543-7002 mcginnis@ u .washington .edu

RHET4320 - Legal Research and Writing

RHET 4320 Legal Research and Writing (3 semester credit hours) Introduction to legal writing and research; focus on developing and framing legal arguments. (3-0) S

Recent UW Law Faculty Scholarship: Standing for Elections in State Courts; White-on-Black Crime: Revisiting the Convict Leasing Narrative; Function Versus Consequence in Restraint of Trade Analysis; and Judicial Biography of Australian Justice, Sir Gerard Brennan Book Review

Here is the latest faculty scholarship appearing in the  University of Wisconsin Law School Legal Studies Research Papers series  found on SSRN.

• Standing for Elections in State Courts Univ. Ill. L. Rev. (Forthcoming, 2024) by MIRIAM SEIFTER , UW Law School, and Adam B. Sopko, State Democracy Research Initiative

Election-related litigation is soaring. Litigants regularly challenge every aspect of an election cycle, from who can vote to how votes are cast and counted to the certification of results. Courts have thrown out many of these lawsuits on standing grounds. Given the requirements of traditional federal standing doctrine—including the requirement of individualized injury rather than generalized grievances—these dismissals are at least plausible in federal court.

But most election-related lawsuits today are filed in state court, where standing doctrine is and should be different. State courts are not bound by Article III of the U.S. Constitution, have constitutional commitments to democracy and open courts, and typically have more flexible justiciability doctrines. This Essay urges state courts to build on that foundation through a presumptively permissive approach to election standing. State courts fulfill their judicial role by redressing rather than avoiding threats to state-level democracy. And deciding election-related lawsuits on the merits serves important functions of stability, certainty, and finality, as well as confidence in election outcomes.

To be sure, the surge in election-related litigation is suboptimal, and some share of the lawsuits are meritless or brought in bad faith. Our argument is simply that standing doctrine is not the best tool for rejecting these lawsuits. The Essay describes other techniques that courts can use to deal with abusive or burdensome litigation without undermining the openness that is foundational to state judicial systems.

• White-on-Black Crime: Revisiting the Convict Leasing Narrative 2024 Wis. L. Rev. (Forthcoming, 2024) by ION MEYN , UW Law School

Between 1880 and 1915, the Southern criminal legal system enslaved and re-enslaved legally emancipated Black persons. Under the conventional account of this period, the law facilitated and legitimatized these practices, however odious and racially discriminatory. This view—one that critiques as it accepts the legality of the system—provides an explanation for a significant number of cases in which a Black person was convicted and sent to forced labor.

And yet, there is growing evidence that many convictions were not facilitated by law but rather the result of criminal conspiracies to traffic Black victims. County-level arrest data indicates “convictions” occurred in lockstep with the labor demands of businesses that contracted with local state actors. Numerous personal accounts from victims and their families indicate that arrests occurred in the absence of any criminal suspicion. This empirical data suggests many Black “convicts” were instead victims of human trafficking. Because completing these White-on-Black crimes required coordination among multiple parties, a criminal conspiracy was formed that implicated White participants in kidnapping, false imprisonment, perjury, peonage, reckless endangerment, and reckless homicide.

This Essay examines archival evidence that suggests the criminal trafficking of Black men was a common, if not widespread, practice between 1880 to 1915. Under this alternative view the term “convict leasing” is over-inclusive and mislabels these victims of human trafficking. Under the alternative view the historical Black crime rate is not only inflated but fabricated; conversely, the historical White crime rate omits a significant amount of criminal activity. This alternative view centers the criminal conduct of White beneficiaries, inviting a close accounting of their crimes and ill-gotten gains.

• Function Versus Consequence in Restraint of Trade Analysis 53 Univ. Baltimore L. Rev. 387 (2024) by PETER CARSTENSEN , UW Law School

The conventional interpretation of the Sherman Act’s prohibition of agreements in restraint of trade is, at best, ambiguous and uncertain. Conduct such as price fixing among competitors is per se illegal, except when it is not. Although the stated basis for the distinction is unclear, the function of the agreement embodying the restraint explains the apparently conflicting results. Regrettably, courts and commentators usually employ this conventional classification framework that focuses on desirability of the putative consequences of specific agreements. These categories have intuitive appeal but lack substantive coherence. In contrast, the functional approach focuses on the nature of the agreement in restraint of trade itself. The core of this approach is the distinction between naked and ancillary restraints. The policy goal is the preservation of the market process rather than a primary concern for the consequences of specific restraints on any measure of economic welfare. It is the thesis of this essay that the functional approach provides a better method to explain and predict the results of specific cases. It is more consistent with the language and meaning of the Sherman Act. It is also a better method for the analysis of restraints of trade. Because, like the conventional framework, the functional approach necessarily must employ presumptions, its normative merit is contingent on the scope and application of those presumptions.

• Judicial Biography of Australian Justice, Sir Gerard Brennan Book Review Univ. Wis. Legal Studies Research Paper No. 1805 (2024) by WILLIAM H. CLUNE , UW Law School

This is a book review in interview format with me interviewing the book’s author, Jeffrey Fitzgerald. The book is a judicial biography of the famous and influential Australian jurist, Sir Gerard Brennan. Largely in chronological sequence, the book also identifies cross-cutting themes such as the evolution of his jurisprudence over time.

My questions are designed to highlight issues that have parallels in American law, thus introducing the book to American readers. A second focus is the interaction of law and society. Law and society issues pervade the book because it is a longitudinal account of the judge’s encounters with important legal issues that arose in a changing Australian society, his influence on that society, and the corresponding evolution of his jurisprudence. It is law as both a dependent and independent variable, a classic law and society formulation. The judge’s decisions and jurisprudence operate as “constitutive law,” reflecting both the influence of society on law and its influence on society while remaining relatively autonomous from both. Former U.S. Supreme Court Justice Steven Breyer’s recent exposition of judicial “pragmatism” is congruent with the jurisprudence of Justice Brennan.

The paper has eight parts with questions and answers as sub-parts: (1) the book and Brennan’s career; (2) constitutional law, federalism, separation of powers, judicial review; (3) civil rights, aboriginal people’s rights, racial discrimination, and other rights; (4) impact on other areas of law (e.g., torts, contracts, criminal law); (5) Brennan’s principles of jurisprudence (6) the High Court, its divisions, and politics (7) personal, family, and professional life; (8) conclusion: mutual influence of law and society.

For the full text of these works and additional scholarship from UW Law faculty and staff, visit the  University of Wisconsin Law School Legal Studies Research Paper Series  on SSRN. A free email subscription is available at the top right of the page.