Legal Research - Legal research method

Question 1

What are the three broad steps of legal research?

Answer 1

Analyse the issue, track down the information and communicate the solution.

Question 2

What is step 1 of legal research? (5)

Answer 2

Summarise the problem concisely, ascertain the material facts, identify the legal issue the problem raises, consider your client’s objectives and formulate search terms - at least one term per issue.

Question 3

What is step 2 of legal research? (3)

Answer 3

Identify legislation first then precedent, do not use out of date sources, carry out preliminary analysis for complex matters.

Question 4

What is step 3 of legal research? (1)

Answer 4

Analyse all sources not just one.

Question 5

What is step 4 of legal research? (5)

Answer 5

Identify the practical implications of the requirements of the law, identify material similarities and differences in case law & discuss conflicting case law, if there is no relevant case law or sources you can say so as part of your investigations, if you don’t have sufficient information to come to a conclusion, say so.

Question 6

What is step 5 of legal research? (1)

Answer 6

Identify conclusions using legal reasoning.

Question 7

What is step 6 of legal research? (2)

Answer 7

Use writing skills, considering your audience.