What is Legal Research?
Definition of Legal Research
Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial. Sometimes, legal research can help determine whether a legal issue is a "case of first impression" that is unregulated or lacks legal precedent. Virtually every lawsuit, appeal, criminal case, and legal process in general requires some amount of legal research.
Legal research can have various sources:
Primary Source
Persuasive Primary Source
Secondary Source
Importance of Legal Research
1. The need to be conversant with the main ingredients of a case:
- Facts of the case
- Point of law in disputed issues
- Arguments
- Evidence
2. It supplements the area of practice
3. Complete knowledge about issue
4. Persuasive value judgments/ cases
6. Legislative history found
7. Assists in solving complex legal issues
8. Gives complete answers
9. Analyses the principles generally followed in a state and the critical examination of statutes
10. Helps in the appreciation of the moral and social values
Role of technology in Legal Research
With digitalization, there has been a huge impact on the legal research domain. For lawyers, the development in the field of information technology has truly been a boon, but yet there is a long way ahead. There is software for lawyers that allows them to conduct legal research in minutes.
There are various legal databases that filter out the type of case, citation, enactments used in a case, clauses applied, etc. all over the world which makes the legal research process much easier than what it was earlier. Even in courts, nowadays, citations can be online citations as well.
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