The process of legal research
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The Process of Legal Research. What is Legal Research?. Part of Problem-solving Finding the law in order to solve a legal problem for a client. Legal Research Process. Gathering Facts Identifying Issues Finding the Law Applying Relevant Facts and Relevant Laws Reporting Findings

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The Process of Legal Research

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The process of legal research

The Process of Legal Research


What is legal research

What is Legal Research?

  • Part of Problem-solving

    • Finding the law in order to solve a legal problem for a client


Legal research process

Legal Research Process

  • Gathering Facts

  • Identifying Issues

    • Finding the Law

  • Applying Relevant Facts and Relevant Laws

  • Reporting Findings

  • Using Findings


Step one gather facts

STEP ONE:GATHER FACTS

  • Through your lawyer

  • Through client interview

  • Through investigation

    • Witnesses

    • Reports (e.g., police, insurance, medical)

    • Physical evidence


Step two identifying issues

STEP TWO:IDENTIFYING ISSUES

  • What is the legal Issue?

  • Finding the law relating to the issue

    • Primary Law (the law)

    • Secondary Sources of Law (explanation of the law)


Step three application facts law

STEP THREE:APPLICATION: FACTS & LAW

  • Once you have found that facts and the law, you need to apply legal analysis

    • The interweaving of the law and the facts

    • If you are missing facts,

      • you can go back to the gathering of the facts to get more facts; or

      • The facts don’t exist


Step four reporting your findings

STEP FOUR:REPORTING YOUR FINDINGS

  • Once you have completed your legal analysis, you need to report for findings to your lawyer

  • This will be done either though:

    • An oral report; or

    • A written memo of law


Step five using the findings

STEP FIVE:USING THE FINDINGS

  • Letter to the client

  • Action on behalf of the client. Examples:

    • Letter to person who harmed client (e.g., cease and desist letter)

    • Commencement of civil action or pleading

    • Contract

    • Patent or trademark application


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