Legal Case Research: Strategies and Analysis

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12 Questions

What is the primary purpose of legal case research?

To locate and analyze pertinent legal precedents

What do legal cases typically involve?

Interpreting laws and applying them to specific circumstances

Why are legal case decisions important?

To set important precedents that influence future judgments

Which strategy is recommended for locating relevant case law?

Utilizing databases specifically designed for legal research

What are Westlaw and LexisNexis primarily used for?

Legal research

Which tool offers a wealth of state and federal cases, including U.S. Supreme Court opinions?

Google Scholar

What is the purpose of the 'How Cited' feature mentioned?

To identify related cases and their treatment of the current case

Which website offers access to all U.S. official published case law back to June 2018?

The Caselaw Access Project

What is a good practice when relying on general search engines like Google or Bing for legal research?

Consider the relevance of the jurisdiction

What should be evaluated when reviewing legal decisions?

The facts, holdings, and reasoning behind them

What does a blue stripe on a legal case indicate?

It has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals

What is the purpose of the KeyCite Overruling Risk icon in legal research?

To warn that a case may be implicitly undermined due to relying on changing assumptions

Study Notes

Researching a legal case can be a challenging task, especially considering the vast amount of information available online and the nuances of legal interpretation. However, with the right tools and techniques, anyone can locate and analyze pertinent legal precedents to support their arguments. This article aims to provide an introduction to legal case research, highlighting various resources and strategies for locating and understanding relevant case law.

A legal case typically refers to a dispute between parties brought before a court of law for resolution. It often involves interpreting laws and applying them to the specific circumstances of the case. The outcomes of legal cases, known as decisions, can set important precedents and influence future judgments in similar matters.

Searching for Case Law

Locating relevant case law requires a systematic approach. Here are some key strategies to consider:

  1. Using Databases: Utilize databases specifically designed for legal research, such as Westlaw or LexisNexis. These services provide specialized search functions and offer features like citators that indicate how cases have been cited or criticized by subsequent opinions.

  2. Google Scholar: While not exclusively dedicated to legal research, Google Scholar offers a wealth of state and federal cases, including U.S. Supreme Court opinions and U.S. Federal District rulings. Its "How Cited" feature can help identify related cases and show how those cases have addressed the current one.

  3. Free Legal Websites: There are many websites offering free legal research resources. Some notable ones include the Caselaw Access Project, which provides access to all U.S. official published case law from 1658 to June 2018, and the Federal Circuit Court Cases (Reported), which covers federal appellate decisions back to the early 19th century.

  4. Search Engines: General search engines like Google or Bing can be useful for preliminary searches, but keep in mind that they may return a broader range of results, including non-legal sources. Be cautious when relying on general search results for legal research.

Remember to always take into account the relevance of the jurisdiction when conducting legal research. Federal or state law may apply depending on the nature of the case, and each state's laws may differ.

Analyzing Case Law

Once you have located relevant case law, it's necessary to evaluate its applicability to your situation. Consider the following points:

  1. Reading Decisions: Carefully review the decisions themselves, paying attention to the facts, holdings, and reasoning behind them. This will help you determine their relevance to your case.

  2. Understanding Precedent: Recognize that legal precedents are not rigid rules but rather guidelines for judges to follow. They may be overridden or narrowly interpreted under certain circumstances.

  3. Critiquing Cases: Assess the quality of the case you are examining. For instance, a case marked with a blue stripe indicates it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals, while the KeyCite Overruling Risk icon warns that the case may be implicitly undermined due to relying on assumptions that could change.

Conclusion

Conducting legal research is a skill that takes time to develop, and even experienced legal professionals continuously refine their abilities. By utilizing the resources outlined above and approaching your research systematically, you can uncover the critical legal precedents needed to strengthen your case arguments. Remember, perseverance and a commitment to staying updated on changes in the law are hallmarks of effective legal research.

Learn about the strategies for effective legal case research including utilizing databases, Google Scholar, free legal websites, and search engines. Understand how to analyze case law by reading decisions, understanding precedents, and critiquing cases to strengthen legal arguments.

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