Paul L. Boley Law Library•Get Help•Research Strategy
The strategy outlined on the following pages is just one example of a step-by-step approach to legal research. Remember, research is almost never linear. You may begin at the first step and then go to the second step, or you may start at step one and skip ahead to the fourth. Before beginning your research keep the following in mind:
The single most important aspect of successful legal research is the need for a PLAN. Before you begin, think about what you want to accomplish. Make yourself an outline describing what you know, and then make another outline describing how you will go about finding the information you do not know.
Construct a useful note taking system. Take notes on your sources as you go along. Pay attention to which terms proved useful, which did not. Try not to duplicate your efforts. Write down full citation information as you go so you don’t have to go back and check again for a cite you missed.
If you get stuck, take a break, or move on to something else. If you find yourself moving in circles, ask someone for their opinion of your strategy. You will not always be able to find an answer. Much of lawyering concerns cases of first impression, so sometimes what you are looking for simply does not exist.
Remember also that much of the law is found in more than one source. Always consider alternatives in case the source you are seeking is unavailable.
The strategy set out below will not fulfill everyone’s needs. As you get more sophisticated and knowledgeable in a particular area, your strategy will change.
Carefully and thoroughly go over the facts of your situation. Answer: who, what, where, when, how?
Think of terms and phrases that might be applied to your facts and issues. Be sure to come up with as many synonyms, antonyms, broader, narrower and related terms as possible.
SOURCES: Law Dictionaries, Legal Thesauri, Words and Phrases
Use your research vocabulary as index and search terms for both online and manual sources.
SOURCES:
Realize there may be issues and subissues. Try and distinguish the facts from the issues.
Look for primary authority first. If no luck, try and find persuasive authority.
Sources: Statutes at Large, USCCAN, USC, USCA, USCS, ORS, ORSA
Sources: CFR, Federal Register, Oregon Administrative Rules, Bulletin.
Sources: USCCAN, LexisNexis Congressional
Sources: West’s Digest System, LexisNexis, Westlaw
In the course of your research you may have come across a new issue. Go back and see if you missed anything after you became familiar with the area of law.
Sources: Shepard’s on LexisNexis; KeyCite on Westlaw
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