How to Do Good Case Law Research: A Simple Guide

Doing case law research is really important for law students and people who work in law. It helps you figure out how decisions are made in legal cases. At first, it might feel overwhelming because there’s so much legal information. But if you break it down into steps, it can be much easier. Here are the main steps to help you do effective case law research:

1. Figure Out the Legal Problem or Topic

Before you start searching for cases, you need to know what legal issue you are looking into. This means you should understand the area of law involved, like torts, contracts, criminal law, or constitutional law. Here are some tips:

• Focus on a Specific Issue: Start with a broad topic and then make it more specific. For example, instead of just looking up “contract law,” you could focus on “whether non-compete clauses in job contracts are enforceable.”

• Pick Key Terms: Write down important words or phrases that relate to your topic. These keywords will make your search easier and help you find better results.

2. Use Legal Research Tools

Once you know the legal issue, the next step is to choose the right research tools. There are several resources that can help you find legal information:

• Legal Databases: Use databases like Westlaw, LexisNexis, and Bloomberg Law. These platforms give you access to many cases, laws, rules, and other resources.

• Court Websites: Check if the court has a website. Many courts share opinions and case summaries online. Look for the specific court related to your issue.

• Local Law Libraries: University law libraries can be a great resource. They often have both print and online materials. A librarian can also help you find what you need.

3. Start Your Search

Now that you have a legal issue and research tools, it’s time to start looking for cases. Here’s how to do it:

• Use Keyword Searches: Type in your important keywords into the legal databases. You can filter the results by things like the court, date, and level of court. Some databases let you use special search terms like “AND,” “OR,” and “NOT” to find better results.

• Check Citing Cases: If you find a useful case, look at other cases that it mentions or that mention it. This can help you see how legal ideas evolve and whether a case is still valid.

• Read Headnotes and Summaries: Many legal databases have headnotes or summaries that explain the main points of a case. This can help you quickly decide if the case is relevant to your issue.

4. Read and Understand Cases

Finding relevant cases is just the first part. You also need to read and think about them carefully. Here are some questions to consider:

• Know the Facts: Read the background information provided in each case. The facts often determine the outcome and the legal principles applied.

• Identify the Legal Question: Each case has a main legal question. Make sure to write down this important question and the court's ruling on it.

• Analyze the Court’s Reasoning: Look at how the court made its decision. The way they reasoned through the case is important because it helps set rules for future cases.

• Understand the Court Order: Know which courts are higher and how that affects the cases. Decisions made by higher courts usually have more weight for lower courts.

5. Combine Your Findings

After you have looked at and understood different cases, the next step is to connect everything together. This involves:

• Spotting Patterns: Look for trends in court decisions, like cases that often come up or similar reasoning used. This can help you understand how judges think and might help predict outcomes in future cases.

• Comparing Different Areas: Different places might handle similar legal issues in different ways. Be mindful of these differences, especially if you’re looking at cases from different regions.

• Prepare Case Briefs: Consider making brief summaries of important cases. A brief includes details like the case name, facts, legal issues, the court's decision, and reasoning, making it easier to refer to later.

6. Writing and Sharing Legal Arguments

The last step of case law research is sharing your findings clearly. Here’s how to do it:

• Create a Thesis: Write a clear thesis statement that shows your legal position based on your research. This will help you stay on track while you write.

• Organize Your Argument: Make sure your argument flows logically. Start with introducing the issues, followed by your analysis of the cases, and finally wrap it up with your conclusion or suggestion.

• Cite Your Sources Correctly: Proper citation is vital. Use the right style, like The Bluebook or ALWD Guide, to make sure all your cases and sources are credited correctly.

7. Review and Revise Your Work

Once you’ve written your legal argument, it’s important to go back and improve it. Here’s what you can do:

• Get Feedback: Share your work with classmates or teachers for their thoughts. They might give you suggestions on parts that need clarification or strengthening.

• Revisit Important Cases: Go back to key cases to check that your understanding and use of them are accurate according to what the case actually says.

• Proofread: Pay attention to grammar and punctuation. Errors can make you look less credible as a researcher and writer.

8. Keep Updated

Finally, the law is always changing. Even after doing your research, it’s important to stay informed about new cases, changes, and legal standards:

• Check Legal News: Follow legal news sources or journals that keep you updated on important cases and changes in the law.

• Join Law Groups: Get involved in academic or professional forums with other law students or professionals. This can help you learn about new developments.

• Keep Learning: Look for continuing education opportunities, like workshops or seminars, to stay on top of advancements in legal research.

In conclusion, effective case law research is all about following systematic steps. From identifying the legal issues to analyzing cases and presenting your arguments, practice makes perfect! By mastering these steps, you'll not only do great in your studies but also prepare for a successful career in law. You'll be ready to tackle different legal problems and provide strong, well-researched arguments in any situation.