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A Step-by-Step Guide on How to Do Legal Research

Published on July 14, 2024 | Updated on July 14, 2024
Reviewed by Attorney Raymond Rodis

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Legal research is an indispensable skill for anyone involved in the legal profession — from law students to practicing attorneys alike. It involves a systematic search for statutes, jurisprudence, legal doctrines, and other relevant materials to support your legal arguments and provide accurate advice.

Thus, effective legal research and knowledge on how to create case digests requires two things: A structured approach as well as the optimization of reliable research tools. In this article, I will be giving you a step-by-step guide on how to engage in basic legal research.

 

Step 1: Identify the Legal Question

Identifying the legal question sought to be answered lays the foundation for your research.

The preliminary step in legal research is to clearly define the research question or legal issue involved. Whether it’s interpreting a certain provision, analyzing a case, or exploring a new legal doctrine, a precise understanding of the problem is essential. In this step, make sure to break down the legal issue into component parts and identify the key legal principles involved. This initial step lays down the foundation for the entire research process and likewise helps you focus your efforts on relevant sources.

 

Step 2: Gather Your Resources

In gathering your resources, work smarter, not harder.

Primary Sources

With the research question being clear, the next step is to locate primary sources of law that directly address the same. Primary sources include statutes, regulations, and case law — otherwise stated, these are products of bodies with the authority to make, interpret, and apply the law. For this step, you could use reliable legal online databases. And when it comes to primary sources, make sure to consider two things:

1. Consider relevance and authority 

Carefully analyze and evaluate their relevance to the legal question and binding authority.

2. Cross-reference 

Make sure to cross-reference and compare multiple primary sources to ensure accuracy and completeness.

Secondary Sources

With a solid understanding of the legal principles involved in the legal question, the next step is to gather background information on the topic. While you already have primary sources, make sure to consult secondary sources as well, or those materials that further discuss, explain, analyze, and critique the law, examples of such are legal encyclopedias and law review articles. These resources provide valuable insight on the law involved, helping to frame the research question and identify relevant primary sources.

When it comes to gathering your sources, work smarter, not harder. Utilize online databases with advanced search techniques and useful features. This will enable you to make the most out of your legal research, saving you both time and effort. Need a more thorough discussion on legal basis in research? Feel free to read up on our other article: A Guide to Finding Legal Basis in Your Research.

 

Step 3: Synthesize

Once you have gathered and analyzed primary and secondary sources, the next step is to synthesize the information and then develop a legal argument or analysis. In doing so, make sure to anticipate potential challenges and counter arguments. Further, keep in mind the intended audience and purpose of your research, whether it’s drafting a legal memorandum, preparing for an oral argument, or advising a client. This is an important step as your presentation of legal arguments and/ or analysis will necessarily differ depending on the intended audience and purpose of your research.

 

Final Word: Be Critical of Your Sources!

Throughout the whole process of legal research, it’s important to remain critical and skeptical of the sources you encounter and use given that not all sources are created equal, and not all legal arguments are persuasive. Integrated in this process is the documentation of your findings in a clear and organized manner. Create a reference list, using the proper citation format and style according to the conventions of legal writing. Legal research is a systematic process that requires careful planning, analysis, and synthesis. With practice, mastering legal research is within reach for anyone committed to excellence in the legal profession, whether it be a law student or a practicing lawyer.

 

 

Make the most out of your legal research. Check out our collection of free case digests!

At Digest.PH, we understand the importance of quality resources for legal research and education. That's why we offer a curated collection of free legal case digests, meticulously selected to aid practitioners, scholars, and students in their pursuit of legal knowledge. Explore our repository today and empower yourself with essential insights into the world of law!

 

In view of making your legal research more efficient and productive, Digest.PH offers additional features as well, such as:

  • A legal dictionary; 

  • A highlighting tool and bookmarking functionality;

  • Direct links to full case texts;

  • Citation generation; and 

  • The option to download documents in either PDF or Word format.

 

With access to reliable sources and online platforms, conducting thorough research has never been easier. Elevate your understanding of the law today with the help of the best legal research in the Philippines!


 

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