Legal Research #1

06/19/2014

- Searching for authority that can be applied to a given set of facts and
issues
- Gathering information to support legal theories/ discussions
Why is it necessary?
-different people have different understanding
- diff people interpret the law differently
Time of research > Appearance
- a good portion of lawyers time is spent in the office or the library
finding, reading, interpreting and explaining the law to clients/judges in
written legal documents
- find all viable legal documents
Basic steps:
1) conduct factual basis
- Who, what, where, wheh, why, how
persons involved type/class, relationship of parties w/ each other
place where fact arose -> establish jurisdiction
Things/subject matter involved
2) Identify legal issues
- cause of action or ground for defense
- relief sought
- will help determine the relevant facts
3) Develop search terms
- terms and phrases to narrow search and yeiled relevant information

- Consider which branches of government may have established law

4) Collect BG information
- secondary sources: sources that describe and interpret the law (journal
articles, treatises, textbooks, annotations, digests, indices), cited to
persuade the court to reach a particular decision, but the court is not
obligated to follow just PERSUASIVE
- do not stop with secondary sources court is not obliged to follow these)
- summarized in a narrative
- Dont reinvent the wheel- learn from legal experts
- Get most important authority- provide reference to relevant primary
authority
5) Search for authority
- primary sources: documents that establish the law on a particular
issue (case law or legislative act)
- authoritive, controlling, precedent
- courts apply some law to similar cases, bound to follow precedent
6) Synthesize Arguments
- Case brief/legal opinion/legal memo
- What principles can be inferred that connect the cases?
- Distinguish relation to leading cases- binding? Narrower ration?
Obiter? Strong dissent?
- Have you correctky incorporated statutes and law?
- Weaknesses different interpretation? Not applicable to set of facts?
7) Update and verify
- make sure laws are still good-> not current
- Cases are current -> not repealed
HOW TO NOT CONDUCT RESEARCH:

ALS Catalogue on Plagiarism

- unauthorized
- w/o adequate attribution
- of the published ideas, expressions or works of another
- w/ the intent or through neglect
- To pass the same as his or her own in any written materials
submitted, printed or published in any law school publication or in
compliance with academic requirements
not identified through intent but through the act itself
In re:Max Shoop
- English common law not binding in Ph law but can be used to
interpret and understand provisions. Can be applied as long as they are not
contrary to customs
Angara vs Electoral Commission
- Dec 3: Angara was proclaimed
- Dec 8: Ynsua filed a protest
- conflict: proclamation contest between Electoral tribunal and National
Assembly

PRIMARY AUTHORITY
1) Statutory
Constitution
Legislative Acts
EOs
Treaties (brokered by executive, approved by senate)
Autonomous regions and LGUs

2)

Case Law
Supreme court decisions only Binding
CA/Sandiganbayan/CTA etc persuasive only but not binding
RTC/MTC/MCTC
NLRC, HRET, SET, PET
Comelec, COA, CSC, HLURB, DAR (not a constitutional body but an
independent body created by constitution)

SECONDARY AUTHORITIES:
- books, commentaries, journal
- Letter form stating the relevant facts, laws, how laws apply to the
case addressed to the client
Guide questions
1) What are the facts of the case?
2) Law law applies to the factual situation?
3) How does the law apply in relation to the facts of the case?
4) What does jurisprudence say in cases of similar nature?
RELEVANT FACTS
- Legally significant facts that raise the question of what law governs
the dispute, and how the law applies to the factual setting.
- If the fact is changed or removed will the situation or likely outcome
change?
Relevant issue vs Legal question
- Relevant issue: those when

CHECK FILE NA LANG WITH BEADLE :D

** NO ID NO SUPRA FOR CONSTITUTION
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