M6: Research Strategies for Case Law

Introduction to Legal Research Strategies

  • Judicial precedent plays a crucial role in legal research.

  • Researchers may need to establish whether judicial opinions exist relevant to their topics.

Importance of Secondary Sources

  • Secondary sources are valuable tools for identifying primary sources of law.

    • These include analytical writings that discuss influential cases.

    • They provide coverage over legal doctrines within particular areas.

  • Depth of coverage varies among secondary sources, but they generally cite relevant judicial opinions.

  • By utilizing secondary sources:

    • Researchers can identify significant cases relevant to their research area.

    • These sources often provide hyperlinks to the actual case opinions when accessed through commercial platforms.

Utilizing Commercial Legal Research Platforms

  • Commercial platforms enhance research capabilities by providing annotations and notes.

  • Case Annotations:

    • Annotations can guide researchers to notable court opinions interpreting particular statutes or regulations.

    • Examples of annotations in platforms:

    • Westlaw: Notes to decisions.

    • Lexis: Case notes.

  • Compile referencing cases to specific statutory provisions:

    • This includes all judicial opinions mentioned in the context of the specified provision.

    • Some opinions may lack extensive analysis of the provision.

Utilizing Filters in Citing References

  • Researchers can use various filters provided by platforms to refine results:

    • Jurisdictional Filters: To access opinions from a specific jurisdiction.

    • Understanding mandatory vs. persuasive authority is crucial:

      • Mandatory Authority: Opinions binding within a particular jurisdiction.

      • Persuasive Authority: Opinions from other jurisdictions not binding but considered during decision-making.

    • Keyword Search: Enables searching within documents for specific terms or concepts.

    • Sorting Options: Researchers can sort results by:

    • Recency of opinions (most recent cases).

    • Quality of analysis (seeking opinions with comprehensive discussion).

    • Treatment of cases (positive or negative treatment of opinions).