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Use this form to design a research strategy
Legal research relates to "the need to find the law which applies to a particular set of facts." (Cook et al (2005) p.294) This may be in response to an assignment question or a client's query.
Legal research can be quite challenging and time consuming to do. The answer you are looking for may not always be found after conducting one search. Often many resources will need to be consulted and your search strategy and search terms may need to be reconsidered along the way. Maintaining a systematic approach will save you time.
The law changes quickly either by new legislation being introduced by parliaments or through new judgments being handed down by the courts. "The law does not stand still: principles learned today can be obsolete tomorrow." (Cook et al (2005) p.292) To understand the law at a particular point in time and offer an accurate opinion one must be aware of these changes and their impact. Conducting thorough legal research will mean you are conscious of these changes and can therefore respond appropriately in your assignment or to your client.
The ability to conduct legal research effectively and accurately is a skill that you will use constantly throughout your law degree and your life in the legal profession. "No matter what area of legal work you are engaged in, there will always be a need to carry out research." (Nemes and Coss (2001) p.54) It is also a skill that is identified as a legal requirement to be admitted as a solicitor or barrister in Queensland.
The quality of your assignment or your legal opinion is directly related to the quality of your legal research.
The ability to formulate a legal research strategy is one of the most important skills of the law student or practising lawyer. It involves not only finding the law, but also analysing legal problems and developing legal and practical solutions. When you design a research strategy you are planning how you will look for information. The more care and thought you put into your search strategy, the more relevant your search results will be. As a result, you will also save time.
This planning stage involves considering:
- What you are actually looking for (a case, a piece of legislation, a journal article).
- Which resources you should use to help you find what you are after.
- The parameters/boundaries of your search (which jurisdictions to search, what the relevant facts of the scenario are and how far back in time you must look).
- The search terms you will use when searching and how to combine them to give you the best results.
Methodically recording the materials you have found and the research steps you took to get there means you won't have to repeat searches or search again resources that you've already searched. Planning to record the resources you have searched and your search terms is a good strategy. Taking the time to do this will:
- Save you time in the long run.
- Ensure you find information from a variety of sources.
- Result in you locating a larger amount of relevant information.
A well-designed search strategy means you will
" … be able to reach that point in researching a legal problem of getting up from the desk knowing that one has done all that is to be done, or can be done with available resources." (Watt (2004) p. ix)
Legal problems do not always fit into definite areas of law, such as Contract Law or Criminal Law. Sometimes more than one area of law can be involved in a legal problem. These steps will help you classify the problem:
- Assemble the facts.
- Identify the terms used in the problem (for use when searching).
- Decide what legal issues they represent.
By ensuring the issues are defined you will locate more precise answers when searching.
Legal terminology can be difficult, for example:
- Everyday words (such as agent) can have specific legal meanings.
- Everyday concepts (such as conversion) can have special words that need to be used instead, depending on the context of the issue.
Clarify terms and identify synonyms using a:
These words can then be used when searching. The definitions will also help you develop your understanding of the issues by placing the problem into a legal framework for further analysis. You will also get an indication of where you will need to look for answers, whether in
law resources, legislation or resources providing commentary. Then define the issues and prioritise them for detailed examination.
For more help with deciding which words to use when searching and how to combine them together to make your results more relevant, refer to this brief guide.
Start by planning your legal research strategy.
When researching the law you are looking to find what law applies to a particular set of facts or circumstances. There is no single technique that is right for finding the law in all situations, but 3 approaches can be applied to help you find the law.
- Subject approach (secondary resources)
- Case law approach (primary sources)
- Statute approach (primary sources)
Proceeding from general information (secondary sources) to more specific, authoritative information (primary sources) is a good approach to use.
Secondary sources of law consist of material that provides commentary on the primary sources of law or assist in locating the law. They include:
Primary sources of law are the authoritative sources of law as made by law making bodies. They include:
- Case Law – also known as Common Law or Judge-made Law in Australia and overseas
- Legislation – also referred to as Acts of Parliament or Statutes and Subordinate Legislation or Delegated Legislation.
In a positive manner apply the law to the facts. Using plain English to express your thoughts, you will need to indicate the best course of action to take and the likely outcome of taking that course.
- Deal separately with each issue specifically raised by the facts.
- Refer to the points of law extracted from the various cases, legislation or texts.
- List authorities for and against the argument.
- Always reach a conclusion.
Statements setting out principles of law should be supported by authoritative resources, preferably primary sources. Secondary sources may be cited, if authoritative.
Cost effective, efficient legal research requires:
- Planning your legal research strategy before commencing your searching.
- Technical research skills – knowledge of the different resources available, when to use them and how to search them.
- Lateral thinking – the ability to think more broadly or narrowly about a topic.
- Accuracy.
- Attention to detail.
- Skill in analysing and judging the facts and the results found.
It is time to stop searching when:
- The commentary becomes repetitive.
- You have read the same point in a number of sources.
- You notice that the same cases/legislation/articles keep appearing.
- You have discovered updated primary authority and must revise your ideas.
Once you have concluded finding information, it is time to start evaluating the results and developing a practical, legal solution.
The Librarians at the Law Library's Information Desk are available to assist you further regarding which legal resources to use and how to construct your legal research strategy. Please consult the Liaison Librarian's web page for contact details or use the Library's "Ask A Librarian" service.
In addition several text books on legal research describe various legal resources and research techniques in more depth. The following texts assisted in the development of this outline and are available in the Law Library.
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