LEGAL RESEARCH

BASIC STEPS:

1. problem identification and analysis

2. information search and retrieval

3. communication of results

IDENTIFY AND ANALYZE THE PROBLEM:

1. collect the facts

2. classify the facts

3. determine the legal issues

4. identify the jurisdiction

SEARCH AND RETRIEVE INFORMATION

1. find materials revelant to the subject

- use "finding tools"

- secondary, primary rules

- traditional and electronic sources

2. cross reference materials for accuracy

3. ensur materials are up to date

COMMUNICATE RESULTS

1. present answers or results clearly and concisely

- yes, no, it depends

2. cite sources correctly and accurately

- end notes, know format requirement by supreme court

PURPOSE OF LEGAL RESEARCH

- to find authority that will aid in finding a solution to a legal problem

TYPES OF AUTHORITY

A. primary authority

- rules of law binding upon courts

- law itself, expressed in verbatim

1. the constitution

- fundamental law of the land

2. statutes or statutory law

- legislative enactments

- executive issuances

3. administrative or agency law

- issued by agencies charged with regulating an area of conduct

- rules and regulations

4. case law

- decided or written opinions by courts

5. muslim or shari'a law

- islamic law and customary law

- embraces legal relations

SOURCES

1. the legislative branch

- bicameral (2 houses)

- the senate
 - the house of representatives

2. the executive branch

- office of the president

- administrative agencies

- local government units

3. the judiciary

- the supreme court

- rules of court

- jurisprudence or case law

SECONDARY AUTHORITY

- commentaries on the law

- materials that analyze

1. legal encyclopedias

2. legal dictionary

3. restatements

4. treatises

5. legal periodicals

6. practice materials