how to do case law research

How To Do Case Law Research: A Step-by-Step Guide:

Doing legal research is a vital part of being a successful lawyer. To find case law and statutes, you need to know where to look and navigate the resources available. This step-by-step guide will show you how to do case law research like a pro. Whether a law student or an experienced attorney, these tips will help you get the most out of your research. So don’t waste any more time – let’s get started!

Contents

What Is Case Law Research, And Why Do It?

Case law research is finding and analyzing judicial decisions to see what principles can be gleaned from them. This type of research is essential for lawyers because it allows them to see how similar cases have been decided in the past and to predict how future cases might be decided. Additionally, case law research can help lawyers find arguments to support their positions and anticipate and refute arguments that their opponents might make.

The Different Types Of Case Law:

There are two different types of case law: reported and unreported.

Reported cases have been published by official legal reporters and can be found online or in libraries.

Unreported cases have not been published and can only be found in the court files themselves.

How To Find Reported Case Law?

There are a few different ways to find reported case law. The easiest way is to use an online legal research service like Westlaw or LexisNexis. These services allow you to search for cases by keyword, citation, or court. Once you’ve found a case you’re interested in, you can read the full text of the opinion and see information about related cases.

How To Find Unreported Case Law?

If you’re looking for unreported case law, you’ll need to go to the court where the case was decided and request a copy of the opinion from the clerk’s office. Alternatively, you can hire a professional research service to obtain copies of unreported opinions.

How To Find An Excellent Legal Database?

The first step in case law research is finding a good legal database. The two most popular databases for this type of research are Westlaw and LexisNexis. Both of these databases have various resources available, including cases, statutes, and secondary sources. You can usually access these databases through your law school’s library website.

How To Find Case Law On Westlaw?

Discussing how to find case law on Westlaw, we know that Westlaw is one of the most popular online legal research platforms, and it offers a variety of ways to search for case law. The most basic way to search is by keyword – enter a few terms related to your topic, and Westlaw will return a list of relevant cases. You can also search by citation if you know the specific case you’re looking for. Additionally, Westlaw offers more advanced search options, such as Boolean and field searches, which can help narrow down your results.

How Do I Shepardize A Case On Westlaw?

Shepardizing is the process of checking to see if a case has been overturned or otherwise called into question. When you Shepardize a case on Westlaw, the platform will search for all subsequent cases that have cited the original case. It is essential because it allows you to see if the original case is still good law or if a later decision has overruled it. To Shepardize a case on Westlaw, click the “Shepardize” button next to the case name.

How To Use The Database To Find The Relevant Cases To Your Issue?

After selecting a legal database, you can use it to find cases relevant to your issue. The easiest way to do this is to use the search function and enter keywords related to your topic. For example, if you’re researching the law on discrimination, you might enter terms like “discrimination,” “Title VII,” or “equal protection.” The database will then return a list of cases that contain those terms.

You can also use the citation function to find a specific case. For example, if you know the name of the case you’re looking for, you can enter the citation, and the database will pull up the full text of the opinion.

How To Do Case Law Research Using Other Resources?

In addition to Westlaw, many other online legal research platforms can be helpful in case law research. LexisNexis is another popular database that offers many of the same features as Westlaw. Additionally, some courts have online opinion databases, which can be searched by keyword or citation. Finally, several free online legal research resources, such as Google Scholar, can be used to find case law.

How To Evaluate The Strength Of A Legal Argument?

Once you have found cases relevant to your issue, you need to evaluate the strength of the legal arguments they contain. It can be difficult, as some cases may be more persuasive than others. To help you evaluate a legal argument’s strength, you can keep a few things in mind:

  1. You should look at the court that decided the case. If it is a higher court, such as the Supreme Court, its decisions will be given more weight than those of lower courts.
  2. You should look at the reasoning of the opinion. If the court provides a clear and well-reasoned opinion, it is more likely to be persuasive.
  3. It would help if you looked at the facts of the case.

If the facts are similar to your case, the decision is more likely to be relevant.

How To Read And Analyze A Court Decision?

Once you’ve found a relevant case, it’s time to read and analyze the decision. The first thing you’ll want to do is read the facts of the case to get an understanding of the issue at hand. Next, you’ll want to read the court’s opinion. It is where the court will explain its reasoning for deciding the case the way it did. Finally, you’ll want to read the dissent, if there is one. The dissent is where the judges who disagree with the majority opinion will explain their reasoning.

After you’ve read and analyzed the decision, you’ll be able to understand better how the law applies to your specific issue. Additionally, you’ll be able to use the court’s reasoning to support your argument if you’re ever in a situation where you need to cite case law.

Now that you know how to do case law research, you’ll be able to find the information you need to succeed in your studies or practice. Just remember to use the resources available, and don’t be afraid to ask for help if you get stuck. Good luck!

Tips For Effective Case Law Research:

  • When using a legal database, use the search function to find relevant cases.
  • Use the citation function to find a specific case if you know the name of the case you’re looking for.
  • In addition to Westlaw, several other online legal research platforms, such as LexisNexis and Google Scholar, can be helpful in case law research.
  • Once you’ve found a relevant case, read the court’s opinion to understand its reasoning for deciding the case the way it did.
  • Use the court’s reasoning to support your argument if you need to cite case law.
  • Remember to use the resources available, and don’t be afraid to ask for help if you get stuck. Good luck!

Conclusion Paragraph-How To Do Case Law Research?

Case law research is an essential skill for any lawyer. It allows you to find previous court decisions relevant to your current legal issue. It can help you evaluate the strength of a legal argument and understand how a court may rule on your case. The steps outlined in this guide will help you get started researching case law using Westlaw, one of the most popular legal databases.

Have you tried using any of these methods to find cases that are relevant to your issue? What tips do you have for other lawyers who want to improve their case law research skills?

FAQ’s-How To Do Case Law Research?

What are the methods for search of a case law?

There are a few different ways that you can search for case law. One way is to use a legal database, such as Westlaw or LexisNexis. Another way is to use the citation function to find a specific case if you know the name of the case you’re looking for. Finally, you can use a free online legal research resource, such as Google Scholar.

How do you write a case law analysis?

To write a case law analysis, you will first need to find a relevant case. Once you’ve found a relevant case, you’ll need to read and analyze the court’s opinion. The court’s opinion will explain the court’s reasoning for deciding the case the way it did. After you’ve read and analyzed the court’s opinion, you’ll be able to better understand how the law applies to your specific issue. Additionally, you’ll be able to use the court’s reasoning to support your own argument, if you’re ever in a situation where you need to cite case law.

What is case study research in law?

Case study research in law is the process of investigating a legal issue by examining a specific case. This type of research can be used to better understand how the law applies to a specific issue, and can also be used to support an argument in a legal case. Case study research is typically done by law students and practicing attorneys.

 How do you write a law research paper?

To write a law research paper, you will first need to find a relevant legal issue to write about. Once you’ve found an issue to write about, you’ll need to research the law surrounding that issue. After you’ve done your research, you’ll need to write a paper that discusses your findings. When writing your paper, be sure to cite any sources that you used in your research. Finally, proofread your paper before submitting it.

 What is the fastest way to read a law case?

There is no one-size-fits-all answer to this question, as the best way to read a law case will vary depending on the specific case and the reader’s needs. However, some tips for reading law cases quickly include skimming the opinion to get an overview of the court’s reasoning, and using the citation function to quickly find relevant passages. Additionally, some readers may find it helpful to create a summary of the case after they’ve read it.

What are the sources of case law?

The sources of case law include court opinions, statutes, and secondary sources. Court opinions are the most important source of case law, as they provide the court’s reasoning for deciding a case. Statutes are also an important source of case law, as they provide the legal rules that courts must follow. Secondary sources, such as law review articles and treatises, can also be helpful in understanding a legal issue.

What is case law example?

A case law example is a court opinion that sets forth the court’s reasoning for deciding a case. Case law examples can be helpful in understanding how the law applies to a specific issue. Additionally, case law examples can be used to support an argument in a legal case.

 What is IRAC method?

The IRAC method is a way of organizing your thoughts when analyzing a legal issue. IRAC stands for Issue, Rule, Analysis, and Conclusion. When using the IRAC method, you will first identify the legal issue at hand. Next, you will research the relevant law and analyze how it applies to the issue. Finally, you will reach a conclusion as to how the law should be applied in the specific case.

How do you write a case study in IRAC?

To write a case study in IRAC, you will first need to find a relevant legal case. Once you’ve found a case, you’ll need to read and analyze the court’s opinion. The court’s opinion will explain the court’s reasoning for deciding the case the way it did. After you’ve read and analyzed the court’s opinion, you’ll be able to better understand how the law applies to your specific issue. Additionally, you’ll be able to use the court’s reasoning to support your own argument, if you’re ever in a situation where you need to cite case law.

How do you write an IRAC in law?

To write an IRAC in law, you will first need to find a relevant legal case. Once you’ve found a case, you’ll need to read and analyze the court’s opinion. The court’s opinion will explain the court’s reasoning for deciding the case the way it did. After you’ve read and analyzed the court’s opinion, you’ll be able to better understand how the law applies to your specific issue. Additionally, you’ll be able to use the court’s reasoning to support your own argument, if you’re ever in a situation where you need to cite case law.

How do I write a better IRAC?

There is no one-size-fits-all answer to this question, as the best way to write a better IRAC will vary depending on the specific issue and the reader’s needs. However, some tips for writing a better IRAC include being clear and concise, using simple language, and making sure the analysis is well-reasoned. Additionally, it can be helpful to proofread the IRAC before submitting it.

What are the 3 methods of case study?

The three methods of case study are the traditional method, the comparative method, and the confidential informant method. The traditional method is the most common way of conducting a case study. The comparative method is used when there are two or more similar cases to compare. The confidential informant method is used when the researcher has access to confidential information about a case.

What is case study research example?

A case study research example is a court opinion that sets forth the court’s reasoning for deciding a case. Case study research examples can be helpful in understanding how the law applies to a specific issue. Additionally, case study research examples can be used to support an argument in a legal case.

 How do you write a case study example?

To write a case study example, you will first need to find a relevant legal case. Once you’ve found a case, you’ll need to read and analyze the court’s opinion. The court’s opinion will explain the court’s reasoning for deciding the case the way it did. After you’ve read and analyzed the court’s opinion, you’ll be able to better understand how the law applies to your specific issue. Additionally, you’ll be able to use the court’s reasoning to support your own argument, if you’re ever in a situation where you need to cite case law.

What is the format for a research paper?

The format for a research paper varies depending on the specific journal’s guidelines. However, most research papers will follow a basic structure that includes an introduction, a literature review, methodology, results, and discussion. Additionally, research papers will often be formatted in APA or MLA style.

 How do you write a thesis for a legal research paper?

The thesis for a legal research paper should state the main argument of the paper. The thesis should be clear and concise, and it should be located at the beginning of the paper. Additionally, the thesis should be supported by evidence from the paper.

 What is legal research PDF?

A legal research PDF is a Portable Document Format (PDF) file that contains legal research. Legal research PDFs can be found on websites such as Westlaw and LexisNexis. Additionally, many law firms and legal organizations have their own legal research PDFs that they make available to the public.

Do you study or read law?

There is no one-size-fits-all answer to this question, as the best way to study or read law will vary depending on the specific legal issue and the reader’s needs. However, some tips for studying or reading law include being clear and concise, using simple language, and making sure the analysis is well-reasoned. Additionally, it can be helpful to proofread the legal material before submitting it.

 How do you read law effectively?

There is no one-size-fits-all answer to this question, as the best way to read law effectively will vary depending on the specific legal issue and the reader’s needs. However, some tips for reading law effectively include being clear and concise, using simple language, and making sure the analysis is well-reasoned. Additionally, it can be helpful to proofread the legal material before submitting it.

 How do you identify facts in a case?

Facts in a case can be identified by reading the court’s opinion. The court’s opinion will explain the facts of the case and how they relate to the law. Additionally, facts can be identified by reading news articles or other secondary sources about the case. Finally, facts can be identified through research conducted by the researcher.

How is case law created?

Case law is created when a court renders a decision in a legal case. The court’s opinion will set forth the court’s reasoning for deciding the case the way it did. Additionally, the court’s opinion will be published in a legal reporter, such as the Westlaw or LexisNexis, which will make the opinion available to the public

 What are the 5 types of law?

The five types of law are criminal, civil, common, statutory, and constitutional.

What are the types of case law?

There are two types of case law: binding and persuasive. Binding case law is precedent that must be followed by lower courts. Persuasive case law is precedent that may be followed by lower courts, but is not required to be followed.

What are the principles of case law?

The principles of case law are the general rules that courts use to decide cases. These principles are based on precedent, which is past judicial decisions.

 How many types of cases are there in law?

There are two types of cases in law: civil and criminal. Civil cases involve disputes between private parties, while criminal cases involve the government prosecuting an individual for a crime

How do you write an introduction for a case study

The introduction to a case study should explain the background of the case and the legal issue at stake. Additionally, the introduction should provide an overview of the court’s opinion and the relevant legal principles. Finally, the introduction should explain why the case is important and how it affects the law.

What are the different types of court opinions?

There are three different types of court opinions: majority, dissenting, and concurring. A majority opinion is the decision of the court that is binding precedent. A dissenting opinion is an opinion that disagrees with the majority opinion. A concurring opinion agrees with the result of the majority opinion, but not necessarily the reasoning.

 

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