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Legal Research and Writing Presentation

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41 views10 pages

Legal Research and Writing Presentation

Uploaded by

De Trinahx
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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LEGAL RESEARCH AND

WRITING
Legal research and legal writing go hand in
hand
Legal Research
 Man’s needs led to search not only of food, but also
knowledge
Basically its about the acquisition of knowledge, the quest
for truth, the exploration of the unexplored
every discovery must have been a grand thrill
Lawyer: research so as to give authoritative materials for
what he is saying or writing;
discover principles for supporting arguments to solve cases.
Judges or magistrates: backing up their judgments or rulings
Definition of legal Research
• the process of searching reference materials to find the
answer to a given legal question.

• the process of searching reference materials to find the


answer to a given legal question.
• legal research is a process for scientific search for
pertinent information on a specific topic
• consists of defining and re-defining problems,
formulating hypotheses or suggested solutions to
collecting, organizing and evaluating data.
Steps in Legal Research

Steps in Legal Research


• Identification of the Problem

• Brainstorm the problem

• Research the law

• Application of the researched material


Identification of the Problem

i. Collecting the facts applicable to the situation


ii.Classifying those facts into legal terms.
iii.Determining the legal issues and collecting further
data or facts.
iv.Identifying the relevant jurisdiction
Brainstorm the problem

• discussing the case or legal topic with trusted colleagues


• involves reading the facts, ascertain the subject matter, and
note preliminary issues to be researched.
• Under what jurisdiction does a the problem fall?
i. national or international law?
ii. legislation (statutes or regulations) or
iii. by common law (case law)?
iv. Or do both apply of witnesses and materials to research
on

• State the issues in general and narrow terms


Research the law

• Primary Materials
• Secondary Materials
Primary Materials

• Primary materials are those resources which are the


law itself.
• mandatory (or binding) or persuasive
• Examples
i. constitutions,
ii. cases,
iii.statutes, or
iv.regulations
Secondary Materials

• materials which analyze, editorialize, summarize, or comment


on the law.
• do not have the force of law, but very helpful to legal
researchers.
• Examples
i. Academic Journals
ii. Legal Encyclopedias
iii. Legal Dictionaries
iv. Digests
Application of the researched material

i. research may be intended to


ii.Locate relevant “authority” that will help in finding
a solution to a legal problem or issue.
iii.To analyze the law by separating the it into
separate elements: like examining and
explaining new statutes.
iv.To look at doctrinal or theoretical issues:
v.To provide teaching materials for students:

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