Legal Research
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Legal research is "the process of identifying and retrieving information necessary to support
legal Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation." The processes of legal research vary according to the country and the
legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
involved. Legal research involves tasks such as: # Finding primary
sources of law Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The term "source of law" may sometimes refer to the sovereign or to the seat of power from which the law derives its validity. Jurispruden ...
, or
primary authority A primary authority is a term used in legal research to refer to statements of law that are binding upon the courts, government, and individuals. Primary authority is usually in the form of a document that establishes the law, and if no document exi ...
, in a given
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
( cases,
statutes A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
,
regulations Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For ...
, etc.). # Searching
secondary authority In law, a secondary authority is an authority purporting to explain the meaning or applicability of the actual verbatim texts of primary authorities (such as constitutions, statutes, case law, administrative regulations, executive orders, treat ...
, for background information about a legal topics. Secondary authorities can come in many forms (for example,
law review A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also pro ...
s,
legal dictionaries Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
,
legal treatise A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates. There is no fixed usage on what books qualify as a "legal treatise", with the term being used broadl ...
s, and legal encyclopedias such as
American Jurisprudence ''American Jurisprudence'' (second edition is cited as Am. Jur. 2d) is an encyclopedia of the United States law, published by West. It was originated by Lawyers Cooperative Publishing, which was subsequently acquired by the Thomson Corporation. Th ...
and
Corpus Juris Secundum ''Corpus Juris Secundum'' (''CJS''; Latin for 'Second Body of the Law')Legal Research and Writing for Paralegals, Published by Wolters Kluwer and written by Deborah E. Bouchoux is an encyclopedia of United States law at the federal and state levels ...
). # Searching non-legal sources for investigative or supporting information. Legal research is performed by anyone with a need for legal information, including
lawyers A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, ...
, law
librarians A librarian is a person who works professionally in a library providing access to information, and sometimes social or technical programming, or instruction on information literacy to users. The role of the librarian has changed much over time, ...
, and
paralegals A paralegal, also known as a legal assistant, or paralegal specialist is a professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with a license to practice law. The market for paralegals ...
. Sources of legal information range from printed books, to free legal research websites (like Cornell Law School's Legal Information Institute, Findlaw.com, Martindale Hubbell or
CanLII The Canadian Legal Information Institute (CanLII; french: Institut canadien d'information juridique) is a non-profit organization created and funded by the Federation of Law Societies of Canada in 2001 on behalf of its 14 member societies. CanLI ...
) and information portals to fee database vendors such as
Wolters Kluwer Wolters Kluwer N.V. () is a Dutch information services company. The company is headquartered in Alphen aan den Rijn, Netherlands (Global) and Philadelphia, United States (corporate). Wolters Kluwer in its current form was founded in 1987 with a ...
,
LexisNexis LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer informa ...
,
Westlaw Westlaw is an online legal research service and proprietary database for lawyers and legal professionals available in over 60 countries. Information resources on Westlaw include more than 40,000 databases of case law, state and federal statute ...
, Lex Intell, VLex and
Bloomberg Law Bloomberg Law is a subscription-based service that uses data analytics and artificial intelligence for online legal research. The service, which Bloomberg L.P. introduced in 2009, provides legal content, proprietary company information and news ...
.
Law libraries A law library is a special library used by law students, lawyers, judges and their law clerks, historians and other scholars of legal history in order to research the law. Law libraries are also used by people who draft or advocate for new l ...
around the world provide research services to help their patrons find the legal information they need in
law school A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, ...
s,
law firm A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to r ...
s and other research environments. Many law libraries and institutions provide free access to legal information on the web, either individually or via
collective action Collective action refers to action taken together by a group of people whose goal is to enhance their condition and achieve a common objective. It is a term that has formulations and theories in many areas of the social sciences including psych ...
, such as with the
Free Access to Law Movement The Free Access to Law Movement (FALM) is the international movement and organization devoted to providing free online access to legal information such as case law, legislation, treaties, law reform proposals and legal scholarship. The movement b ...
.


Databases and software tools


Free-to-use

Although many jurisdictions publish laws online,
case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...
is often accessed through specialty online databases. Free-to-access services, through the free law movement, include:
Australasian Legal Information Institute The Australasian Legal Information Institute (AustLII) is an institution operated jointly by the Faculties of Law of the University of Technology Sydney and the University of New South Wales. Its public policy purpose is to improve access to just ...
,
British and Irish Legal Information Institute The British and Irish Legal Information Institute (BAILII, pronounced "Bailey") provides legal information, and especially reports of cases decided by courts, in the United Kingdom generally. Decisions from England and Wales, Ireland, Northern ...
,
CanLII The Canadian Legal Information Institute (CanLII; french: Institut canadien d'information juridique) is a non-profit organization created and funded by the Federation of Law Societies of Canada in 2001 on behalf of its 14 member societies. CanLI ...
,
Law Library Resource Xchange Law Library Resource Xchange is a free monthly e-journal, founded in 1996, owned, edited and published by a solo law/business librarian, researcher, and expert knowledge strategist. Content is written by the editor, as well as law librarians, att ...
,
Legal Information Institute The Legal Information Institute (LII) is a non-profit, public service of Cornell Law School that provides no-cost access to current American and international legal research sources online alaw.cornell.edu The organization is a pioneer in the del ...
, Lex Intell and
LexML Brasil image:Lexml portal.png, 300px, (search engine) See also * Akoma Ntoso * Lex (URN) * LexML The LexML is a joint initiative of the Civil Law legal system countries seeking to establish open standards for the interchange, identification and s ...
. Google offers a free, searchable database of
federal Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
and
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...
as part of
Google Scholar Google Scholar is a freely accessible web search engine that indexes the full text or metadata of scholarly literature across an array of publishing formats and disciplines. Released in beta in November 2004, the Google Scholar index includes p ...
.


Commercial

Commercial services for legal research include both primary and secondary sources. Commercial services can be country-specific, international or comparative. As of 2010, commercial legal research tools in the United States generated an estimated $8 billion in revenues per year. Some governments also provide access to certain resources through paid databases, such as the United States PACER law system.


Third-party legal research providers

Legal research is known to take much time and effort, and access to online legal research databases can be costly. Consequently, with due consideration given to ethical concerns, law firms and other practitioners may turn to third-party legal research providers to outsource their legal research needs.


See also

*
Law dictionary A law dictionary (also known as legal dictionary) is a dictionary that is designed and compiled to give information about terms used in the field of law. Types Distinctions are made among various types of law dictionaries. Differentiating facto ...
*
Legal periodical A legal periodical is a periodical about law. Legal periodicals include legal newspapers, law review A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. L ...
* Legal research in the United States *
Legal treatise A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates. There is no fixed usage on what books qualify as a "legal treatise", with the term being used broadl ...
*
List of sources of law in the United States Federal *Constitution of the United States Statutes * List of United States federal legislation Acts listed by popular name via Cornell University * United States Statutes at Large *Volumes 1 through 18, 1789–1875 via Library of Congress * Pu ...
*
Oxford Law Citator The ''Max Planck Encyclopedia of Public International Law'' (MPEPIL) is an online encyclopedia dealing with international law. It was published under the auspices of Professor Rüdiger Wolfrum, Director of the Max Planck Institute for Comparativ ...


References


External links

* {{DEFAULTSORT:Legal Research