1. Legal Research and Analysis
CHAPTER 7
Legal Research and Analysis

2. Introduction
For many paralegals, legal research is a central and fascinating part of their jobs
The ability to conduct research thoroughly yet efficiently enhances a paralegal’s value
As a paralegal, you may be asked to perform a variety of research tasks
Many paralegals conduct research without entering a law library
It is essential to know what sources to consult

3. Researching Case Law— The Preliminary Steps
Defining the Issue
Background research
Focus on the legal issues
Checklist for defining research issues
Parties
Places and things
Basis of action or issue
Defenses
Relief sought

4. Researching Case Law— The Preliminary Steps
Determining Your Research Goals
Cases on point
Previous case with similar fact patterns and legal issues
Case on “all fours”: all four elements are similar
Binding authorities
Court must follow this in deciding an issue
Be on point
Source of precedent

5. Researching Case Law— The Preliminary Steps
Determining Your Research Goals
Published and unpublished opinions
Unpublished opinions can sometimes be cited
Look for statements by the court
Persuasive authorities

6. Finding Relevant Cases
Two Basic Categories of Legal Sources
Primary sources of law
Secondary sources of law
Use Secondary Sources to Find Primary Sources
Secondary sources are called finding tools
Learning Objective: How primary and secondary sources of law differ and how to use each of these types of sources in the research process.

7. Finding Relevant Cases
Legal Encyclopedias
Major legal encyclopedias
American Jurisprudence (Am. Jur. 2d)
Corpus Juris Secundum (C.J.S.)
Cross-references
Pocket parts
Other Sources
Words and Phrases
Reporters

8. Finding Relevant Cases
Case Digests
Provide indexes to case law
Annotations included in case digests
The West key-number system
Using key numbers
Finding what you need
Types of digests
Supreme Court Digest

9. Finding Relevant Cases
Annotations: American Law Reports
American Law Reports (A.L.R.)
American Law Reports Federal (A.L.R. Federal)
Full text of selected cases
Six different series cover case law since 1919

10. Finding Relevant Cases
Annotations: American Law Reports (continued)
Quick Index
A.L.R. Blue Book of Supplemental Decisions
A.L.R. Later Case Service
Most are available online

11. Finding Relevant Cases
Other Secondary Sources
Treatises
Hornbooks
Restatements of the Law
Statements of principles of law, followed by discussions
Legal Periodicals

12. The Case Reporting System
Tips for Effective Legal Research
Know the exact legal issue you will be researching
Understand the language of the issue
Be aware of the circular nature of legal research
Always assume there are additional materials to find
Keep a list of what sources you have found and where they have led you
Cont.

13. The Case Reporting System
Tips for Effective Legal Research
Become familiar with the sources you are using
Be aware of the jurisdiction and the time frame you are researching
Always refer to Shepard’s to make sure the cases you are using are up to date
Use computerized legal research services to update your research results

14. The Case Reporting System
State Court Decisions and Reporters
Written decisions are published chronologically
Regional reporters
Citation format
Five parts to a standard citation
Parallel citation
Proper form
The Bluebook
ALWD Citation Manual
Learning Objective: How court decisions are published and how to read case citations.

15. The Case Reporting System
Federal Court Decisions
U.S. district court decisions
Published in West’s Federal Supplement
Opinions from the court of appeals
Reported in West’s Federal Reporter
Both are unofficial reporters
Bankruptcy Reporter
All published online

16. The Case Reporting System
United States Supreme Court Decisions
The United States Reports
Slip opinion, official version
The Supreme Court Reporter
Syllabus, headnotes, case report
The Lawyers’ Edition of the Supreme Court Reports
Unofficial edition of entire series of Supreme Court reports

17. Analyzing Case Law The Components of a Case Case title Case citation
Docket number
Dates argued and decided
Syllabus
Cont.

18. Analyzing Case Law The Components of a Case Headnotes Names of counsel
Name of judge or justice authoring the opinion
Opinion
The court’s conclusion

19. Analyzing Case Law

20. Analyzing Case Law Analyzing cases Main focus should be on the opinion
Look for guideposts in the opinion
Sections and subsections
Identify components
Understand the facts and procedural history
Distinguish the court’s holding from dicta
Learning Objective: How to analyze case law and summarize, or brief, cases.

21. Analyzing Case Law Summarizing and Briefing Cases Citation Facts
Procedure
Issue
Decision
Reasoning
Holding

22. Analyzing Case Law IRAC: A Method for Briefing Cases
A standard format for briefing cases
Issue
Rule
Application
Conclusion
Different lawyers and different offices have different preferences

23. Researching Constitutional and Statutory Law
Finding Constitutional Law
State constitutions available online
Federal constitutional law
The Constitution of the United States of America
United States Code Annotated
United States Code Service
Finding Statutory Law
Statutes supplement or replace the common law
Learning Objective: How federal statutes and regulations are published, and the major sources of statutory and administrative law.

24. Researching Constitutional and Statutory Law
Finding Statutory Law (continued)
Published in compilations referred to as codes
Federal statutes
Contained in the United States Code (U.S.C.)
Names of statutes
Unofficial versions of U.S. code
West’s United States Code Annotated (U.S.C.A.)
West’s United States Code Service (U.S.D.S.)
State statutes

25. Analyzing Statutory Law
Two Steps in Statutory Analysis
Read the language of the statute
Reasons for its enactment
Date on which it became effective
Class of parties to which it applies
Conduct regulated by the statute
Circumstances in which conduct is prohibited, required, or permitted
Interpret the meaning
Learning Objective: How to interpret statutory law and understand what kinds of resources are available for researching the legislative history of a statute.

26. Analyzing Statutory Law
Reading Statutory Law
The plain meaning rule
Read a statute as a whole
Statutory definitions govern
Distinguish between “and” and “or”
“Shall” does not mean “may”
“May” does not mean “shall”

27. Analyzing Statutory Law
Previous Judicial Interpretation
Courts are obligated to follow precedents
Higher court
Same jurisdiction
Statutory interpretation binds lower courts
Annotated versions
State or federal statutory codes such as the U.S.C.A.
Available in print and online

28. Analyzing Statutory Law
Legislative Intent
Learning the intent of the legislature
Committee reports
Most important source of legislative history
Published and accessible online
Other sources of legislative history
United States Code Congressional and Administrative News (U.S.C.C.A.N.)
The website

29. Researching Administrative Law
Administrative rules and regulations constitute a growing source of American law
Congress frequently delegates authority to administrative agencies through enabling legislation
Orders, regulations, and decisions of these agencies
Legally binding
Primary sources of law
Published in Code of Federal Regulations (C.F.R.)

30. Summary
The first step in research is to identify the legal question, or issue, to be researched
In researching case law, the goal is to find cases that are on point and are binding authorities
Primary sources of law include all documents that establish the law
Secondary sources of law are publications written about the law

31. Summary The primary sources of case law are the cases themselves
Statutory and constitutional law are primary sources of law
Statutory law is often difficult to understand, so careful reading and rereading are often required to understand the meaning
Regulations issued by federal administrative agencies are primary sources of law