Methods of Legal Research Unit 3

Case Law Research

the process of locating, analyzing, and applying judicial decisions to understand legal principles and support legal arguments.

precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances

binding authority

refers to legal rules, statutes, or court decisions that a court is legally required to follow when deciding a case.

persuasive authority

refers to legal sources or reasoning that a court may consider and choose to follow, but which is not legally binding.

analogize

make a comparison of (something) with something else to assist understanding

distinguish

recognize or treat (someone or something) as different:

mandatory authority

refers to legal sources that a court is legally required to follow, such as statutes, constitutions, or higher court decisions within the same jurisdiction.

legal proposition supported by authority.

a legal argument or conclusion that a court or decision-maker may consider compelling, even though it is not binding

law develops through judicial decisions.

in systems where courts have the authority to interpret statutes, apply constitutional principles, and create binding precedents. This process is especially central in common law systems, where judges’ rulings shape legal principles over time