What Is Legal Research and Its Types?
- Haley Zelenka
- Jul 25, 2022
- 3 min read
Legal research is a systematic investigation that begins with the problem in question and ends with how information overlaps with that problem. This process involves the systematic ascertainment of facts and their connection to the case, and it also includes the structure and presentation of data to emphasize its sources. Legal research aims to help attorneys, judges, and others determine the appropriate course of action in a case. There are many different types of research, including quantitative, qualitative, and multidisciplinary.
The first type of legal research is a statement of facts. This allows scholars to gain an understanding of the case. While it isn't necessary to include every detail in a case, some factors may prove important in the court process. Therefore, a statement of facts should be as accurate as possible. Legal scholars should try to gather all relevant facts, including those that may be unimportant. In some cases, an unimportant fact can make all the difference in a case.
Critical research is concerned with the impact of law on society. It critiques laws and legal institutions, explaining how they can affect people's lives. Its materials include court decisions, statutes, and academic writings. Public opinions play an important role in this type of research. Non-doctoral research focuses more on addressing society and people. Well-constructed empirical research will have an impact on society and will ultimately lead to improved law.
Secondary sources are also useful. For example, law maps identify the types of laws and often include explicit inclusion and exclusion criteria. Some studies use coding schemes to classify laws. Other sources, such as sample briefs filed by other attorneys, may contain relevant information about a particular case. It is also important to recognize that legal research is not always a logical process. Sometimes, there is a need to combine different legal sources, as the law is constantly changing.
Descriptive legal research is descriptive. It examines the characteristics of a particular population or phenomenon. The goal is to simplify complicated things by describing them. Exploratory research, on the other hand, focuses on the unknown. This type of research aims to identify the causes of events and the best way to deal with them. However, descriptive legal research doesn't address the "why" of the problem.
A primary source is a law itself. It is the primary authority used by lawyers to determine the law. Secondary sources can include law journals, legal encyclopedias, and treatises. These secondary sources can save time because they contain important cases. Further, secondary sources may help lawyers make decisions faster. A secondary source can also help identify the legal issues and make the research easier. If you have a primary source, you can use it to find the answer to your research question.
Legal scholars often use a combination of methods, approaches, and theories. In addition to using factual descriptions, they also apply hermeneutical tools to analyze communication. As a result, they use the same tools that legal practitioners use to evaluate a document. The aim is to understand its scientific merit and make it more accurate. Research is also a means of changing the character of a legal system. It is important to note that legal scholars must apply their knowledge of the law to their research to achieve this.
Legal research aims to add to the body of knowledge in a particular field. It identifies confusion in the law, tries to examine its fundamentals, and offers suggestions for law reform. Legal research is essential to legal education, but it is also crucial for achieving broader intellectual perspectives and experiential learning. When properly conducted, research can make legal education a complete experience. Moreover, legal research results are a good foundation for making informed decisions.
Legal research aims to find relevant case law that addresses the issue at hand. For example, the legal problem in question may be collecting a client's insurance money, while the goal may be a criminal case involving excluding evidence. Once a client has identified the relevant legal issue, the next step is identifying the outcome or relief they seek. This information will guide their research. So, legal research is essential to the success of a law firm.
The legal research methodology used by lawyers can be classified into two types: doctrinal and empirical. The former involves critical evaluation and is a primary source of law. The latter involves the analysis of legal rules and principles in primary and secondary sources. A legal research methodology that uses a secondary source will identify underlying themes and thematic parameters for a specific law. The results of these types of research are usually a more thorough analysis of existing law than qualitative research.
Comentarios