legal research outline template

Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Sep 12, 2023 300 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 4863 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) This resource is also available in Westlaw & Lexis .
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 3878 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 3245 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 601 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• KeyCite Video Tutorial
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Automated Services

Automated services can check your work and ensure that you are not missing important resources. You can learn more about several automated brief check services.  However, these services are not a replacement for conducting your own diligent research .

• Automated Brief Check Instructional Video

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• Last Updated: Sep 21, 2023 2:56 PM
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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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Legal research and writing

• Problem analysis

Research plan

• Legal encyclopedias and digests
• Legal dictionaries
• Annotated statutes
• Articles and papers
• Law reform commissions
• Blogs and website secondary sources
• British Columbia
• Finding case law
• Judicial treatment
• Legal writing
• Research guides
• Citation help
• Indigenous legal research methodology
• Research management

This page will help you analyze the legal problem you are going to research and help you identify the points your research will need to address.

Below  is a sample research plan template:

• Research Plan Format Sample (Nayyer) 2018

Planning your legal research

Once you have a handle on what your legal problem is you can plan your research accordingly.

The depth and focus of your plan will likely vary depending on the issues and your familiarity with the subject area.

Start with secondary materials

Start with secondary sources – discussions of the law – to get a grounding on the developed law and an idea of relevant legislation and leading cases on your topic. You'll find detail on secondary sources , including help in finding them, in the next section of this guide.

Legal dictionaries, legal encyclopedias, textbooks, annotated statutes, law reform commission reports, websites and blogs are all examples of secondary materials. Include these steps in your plan:

• Record the titles and dates of the material you look at
• Note down any legislation and cases that look relevant
• Make note of any potential keywords of search terms you come across

Identify relevant primary materials

Legislation is often the first primary source to consider as many legal research problems centre on the interpretation of legislation. Statutes, regulations and by-laws are all examples of legislation. Your research plan should include these steps:

• Write down the names of any potentially relevant legislation you are already aware of
• Add other legislation to this list as you conduct your research
• Update your legislation for currency
• Research your legislation for judicial interpretation

The other key primary source is case law . Be sure to pay attention to court level and jurisdiction. Your research plan should include these steps:

• Consider any leading cases you already know about for this issue
• Add other important cases to this list as you research secondary sources
• Add any cases you uncover as you note up legislation for judicial treatment
• Update or research the history of your cases for currency
• Note up your key cases for judicial treatment
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• Next: Secondary sources >>
• Last Updated: May 23, 2024 3:54 PM
• URL: https://libguides.uvic.ca/lrw

Writing a law school research paper or law review note

• Books and articles

Basics of Format & Content

Research papers are not as strictly structured as legal memos, briefs, and other documents that you've learned about in legal writing and drafting courses. For example, there is no prescribed content/format similar to to the Questions Presented, Brief Answers, etc. that you learned for a legal memo.

A general approach to thinking about the content of a research paper is:

• Introduction in which you give some background and a clear statement of your thesis
• Status quo -- what is the existing law and why is it a problem
• Proposals for change

See this blog post by Jonathan Burns , an IU McKinney alum, for more on basic content.

If you're writing for a law review or seminar, you should get formatting instructions regarding things like margins, font size, line spacing. If you don't, or if you're doing an independent study, here are some basic guidelines to follow:

• Times New Roman or similar, 12 pt font.
• Double spaced lines.
• One inch margins all around.
• Footnotes in academic Bluebook style (use the rules on the main white pages instead of the light blue pages at the front of the Bluebook).
• Footnotes in same font as text, 10 pt font.
• Use Roman numerals and/or letters on headings and subheadings or style the fonts so that the difference between headings and subheadings is clear.   
• Page numbers in the footer, preferably centered, especially on first page. You could do bottom center on first page and then upper right in the header thereafter. Use the header and footer functions for this. If you don't know how to use headers and footers in Word, here is help:  https://edu.gcfglobal.org/en/word2016/headers-and-footers/1/ . 

Headings and subheadings

Research papers should have headings and subheadings. These help your reader follow your logic--and a logical structure is very important. Headings and subheadings can also help you keep your thoughts organized. Just don't overuse them--you don't want every paragaph to have a subheading. 

Road map paragraph

Often, research papers will also include a paragraph at the end of the introduction that narrates the road map the paper will follow.   Here is an example of this kind of paragraph:

"The section that follows [this introduction] sets the stage by recounting two scenarios from the Indiana University Robert H. McKinney School of Law, with discussion of the knowledge and implementation of accessibility features in online instructional materials. The next section provides an overview of various impairments and their effects on a user's experience of the online environment. Next is a review of the laws relevant to accessibility with attention to their potential application to online instruction, along with standards used to guide accessibility compliance. The article then explores the concept of universal design and its guiding principles, followed by a discussion of how to use the universal design principles to organize and better understand accessibility standards and practices. The final section briefly summarizes the discussion and encourages law librarians and professors to become knowledgeable and skilled in universal design for online materials to benefit all their students."

Table of Contents

A table of contents can also be helpful, though it's not necessary. If you add a table of contents to your papers, put it right at the beginning, before the introduction. Here's part of the table of contents for the same paper the paragraph above was taken from--it really just lays out the heading and subheadings with page numbers: 

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How to Outline a Complex Legal Research Memo

May 11, 2022 By Tiffany Gee Ching Lo Leave a Comment

Laying a solid foundation sets you up for success in a huge undertaking like this. Preparing an outline will help clarify your thinking and provide direction about the next steps in researching and writing. This consists of much more than brief bullet points; I envision a detailed outline that includes point headings, subheaders, key quotes, or takeaways from cases—or at the very least, placeholders for them.

This may sound like you’re just writing, but the exercise is actually segregating the thinking phase from the portion when you put things in prose. When you just focus on what you want to say versus how to say it, there is more mental capacity to produce the most persuasive of work. This will facilitate clear and concise writing in the next phase.

Here are some steps to take in outlining a memo:

Understand the key facts

A memo is most useful when it not only summarizes the law, but also applies legal rules to the unique facts and circumstances that brought you to this task. This necessarily assumes your deep familiarity with the underlying facts: the timeline of events, points of disagreement between individuals, and unknown or unclear details. After learning about everything, you must identify the key background information that someone needs to be persuaded by your arguments and set aside the unnecessary details. Insert an outline for a “Statement of Facts” section, which is where you lay out the essential facts to provide the necessary context for the remainder of the memo.

Do some preliminary research

Especially if you have little background knowledge of the substantive law, it is challenging to know whether your arguments are plausible and will be supported by the law. It is a good idea to start with a secondary source, like a treatise, which provides the landscape. You’ll learn about the basic concepts, any evolution in the courts’ thinking, the key precedents, and the unsettled questions in the field. From there, you will feel more equipped to put pen to paper and start a meaty outline.

Framing the legal question(s)

Do you remember reading a case where lawyers on two opposing sides phrase the issue drastically differently? Or notice that judges in the majority or dissent seem to be answering two different questions. How an advocate frames the issue, or how the court characterizes a question for its review, affects the outcome of the case. The same applies when writing a complex memo. How you frame the legal question will affect the legal standard and burden of proof. A good question also is specific to the case, incorporating some of the best facts for your side, and is a memorable question that your audience will hold in their minds. You would then structure of the rest of the memo with a feverish intent to show why your thesis, or your answer to the question is correct.

Lay out the key elements of the brief

After developing your main argument, you should brainstorm and develop the subpoints you need to make. Put the strongest points first, so that your audience knows the best reasons for your position early on. It is your job to convince your audience, so don’t expect them to expend energy to wade through your arguments.

When the subject matter involves many parts, structural tolls will help orient your readers and help them follow along. As you outline, consider including a roadmap, topic sentences, and transition paragraphs.

Additionally, make sure that you will address the counterarguments to your position. It is important to anticipate and address the other side’s contentions, even if you think they do not apply or are weak. You may choose to do this in a separate section, intertwined with your argument, or in footnotes.

Finally, you may want to include an “Additional Research” section on to next steps needed if your supervisor or client wants to explore a specific theory or line of argumentation. This may also be a good place to identify areas where your research did not yield clear answers, as this may present areas for further exploration and creative advocacy. Describe your research steps and provide an assessment based on your impressions of the courts’ approach and the trends in the area.

Revisit and revise

Outlining and writing are iterative processes. Get comfortable with going back if you’re not sure and don’t shy away when you find a “bad” case. If you feel stuck, stepping away can be helpful. You can take a break and come back with fresh eyes. Writing can be a lonely process, and it may help to talk to a research librarian or seek feedback from your supervisor or peers, keeping in mind attorney-client privilege of course.

I hope these ideas are helpful as you work toward your legal memo. For other ways to improve your legal writing, check out this article. Happy outlining!

Looking for some help to do your best in law school? Find out about our law school tutoring options.

About Tiffany Gee Ching Lo

Tiffany Gee Ching Lo is a student at Stanford Law School. She spent her 1L year at the New York University School of Law, where she was involved with Alternative Breaks, Women of Color Collective, and Law Revue, and worked as research assistant. Tiffany received her undergraduate degree from the University of California, Berkeley, graduating magna cum laude with double majors in Political Science and Rhetoric. Tiffany developed an interest in the law from a young age, and have worked in law firms and courthouses in Hong Kong–where she grew up, around the San Francisco Bay Area, and in New York. In her spare time, Tiffany enjoys painting, playing the piano and cello, trying out new recipes, and watching late night talk shows.

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• Queen's University Library
• Research Guides

Legal Research Manual

Develop an outline.

• Stage 1: Frame Issues and Identify Keywords
• Stage 2: Initial Research
• Stage 3: Preliminary Integration of Research and Analysis
• Stage 4: Intensive Case Research and Analysis
• Stage 5: Statute/Regulation Research
• Stage 6: Synthesize Arguments and Prepare Detailed Outline
• Stage 7: Final Writing
• Legal Encyclopedias
• Legal Journal Literature
• ICLL Search Tips
• Literature from Other Disciplines
• The Legislative Process (Federal)
• Federal Statutes
• The Legislative Process (Ontario)
• Ontario Statutes
• Finding Statutes & Bill Information (Electronic Sources)
• Finding Statutes & Bill Information (Print Sources)
• Coming Into Force of Legislation
• Status and Copies of Bills
• Online Sources
• Print Sources
• Sources for Regulations
• Finding Federal Regulations (Online)
• Finding Federal Regulations (Print)
• Using Online Sources to Update Federal Regulations
• Finding Ontario Regulations (Online)
• Finding Ontario Regulations (Print)
• Using Online Sources to Update Ontario Regulations
• Anatomy of a Decision
• Sources for Locating Full Text Decisions
• Print Reporters
• Digest Services
• Lexis Advance Quicklaw - QuickCite
• WestlawNext Canada - KeyCite
• Digests and Encyclopedias
• Sources for Case Law
• Nominate Reports (pre-1865)
• The Law Reports (LR)
• Sources for UK Legislation
• Federal Court System
• State Court Systems
• American Law Reports (ALRs)
• Legal Encyclopedias and Digests
• American Case Law
• Case Citators: Shepard's and KeyCite
• US Federal and State Legislation
• Secondary Sources on International Law
• Primary Sources of International Law
• Secondary Sources on Foreign Jurisdictions
• Primary Sources of Foreign Law
• Finding Legal Information Online
• Evaluating Online Information
• American Legal Research Guides
• British Legal Research Guides
• International Legal Research Guides
• Indigenous Research Guides
• Empirical Legal Research
• Appendix: Quick Legal Research Checklist

To focus both the research and the analysis, it is a good idea to develop a detailed written outline of how you plan to analyze the legal issues presented by the fact situation. The written outline is a work in progress. As you begin to research and analyze the relevant materials, you need to rework the outline. The outline will indicate where the analysis is strong (no further research is required) and where the analysis is weak (further research is required). The Legal Research Starting Points in this chapter is one approach to researching and analyzing a legal memorandum. The format for the memorandum is suggested in The Legal Writing Handbook . A more general approach to research is set out in The Craft of Research , but these are not the only approaches. There are many ways to develop an outline and there are many different formats for a legal memorandum. The key is to continue to develop an outline concurrently with the research and the analysis in order to focus the work. By the end of the research and analysis process, you will have a fully developed outline of your legal argument from which the memorandum may be written.

The legal solution to a problem (provided there is one) is determinable by the law as expressed in statutes and cases. The most efficient way to research these is often to use secondary sources, which include journal articles, textbooks, and encyclopedias, in order to identify relevant statutes and cases.

There is no magic to good legal research. There is no one way to do it effectively. The key is simply being knowledgeable enough about the sources so that that one can use them to retrieve the relevant law efficiently and effectively.   Determining what is "relevant" case law comes with practice. One cannot always retrieve every case on point, but one must attempt at the very least to retrieve the leading and precedent-setting cases.

This chapter outlines the kind of research strategies that may be employed when researching and analyzing a legal problem and describes which sources to consult and in what order. It provides a framework and a checklist to guide basic legal research.

When researching, it is important to remember the following:

• As a general rule, try to use Canadian sources first. If that is not possible, note the jurisdictions covered by the secondary source you are using and remember that, although perhaps persuasive, it may not be an accurate reflection of the law in your jurisdiction.
• Currency in legal research is fundamental. Note the date of the source you are consulting and update the law since that date. Remember to update beyond the secondary sources to find the most recent statutory amendments and the very latest cases.
• The legal research process is not necessarily an orderly process. Exactly which sources are consulted and in what order depends on the researcher's knowledge of the subject area, and the particular area of law covered by the fact situation.
• There are three major legal databases in Canada: the two subscription databases -- Lexis Advance Quicklaw Plus ( Lexis Advance Quicklaw for law students), WestlawNext Canada ( Westlaw Edge Canada for law students) -- and the open access CanLII . While they have some overlapping information, they also each contain unique legal information. As a law student, which one you use generally depends on the nature of the question and sometimes which interface and search algorithm you prefer. Once in practice, however, most law firms only have access to one of the paid databases, so it is good to become familiar with both, in addition to CanLII.
• Research means just that -- re-search and re-search. To increase your chance of success, you should use a combination of different search tools and strategies each time you approach a legal research problem. Legal research involves finding a balance between locating every relevant case and precisely tuning your search to exclude all irrelevant cases. Begin your research by finding a core of relevant cases, and expand from there. Spend time planning your search by considering synonyms and different ways the same concept might be expressed. Consider if boolean searching will help, such as using truncation (i.e. searching to obtain various endings of the same "word stem") and appropriate connectors. Do a series of searches, and search in more than one database. Cross-check your results by narrowing or broadening the search and by searching both by fact as well as by legal concept.
• It is good practice after consulting a particular secondary source to analyze and apply the information to the particular fact situation presented. You should be able to identify the issues, have relevant statute and case law references, and begin to organize your analysis of the problem. By doing this at each stage of your research, and before the next research step, you will save research time, identify those issues that need more research, and be able to identify what the next logical research source will be. For example, after consulting an initial secondary source you might want to make sure a particular statute has not been amended, or you might want to note up your references prior to continuing with a subject search.  
• Finally, remember to leave enough time. Secondary sources are meant to be used to define legal issues, to gain an understanding of the law and to find relevant citations. It is extremely important to leave enough time to analyze the primary materials in relation to the facts, and to write up your results in a clear and concise manner. As the following writer emphasizes, legal analysis must be based on your reading of the relevant statutes and cases:  

Read the statutes and the cases! No digest, treatise, or case synopsis service can be a foolproof legal research tool. More often than not, the resources described in a digest, book, or article only provide the analytical framework for a substantive or procedural issue. Without a complete review of the cases, and thorough updating for more recent cases and statutes, a lawyer may find in the courtroom that incomplete research will snatch defeat from the jaws of victory. --William Goodman, "Essential Research Tools for Criminal Defense Attorneys"

• << Previous: Steps in Legal Research
• Next: Stage 1: Frame Issues and Identify Keywords >>
• Last Updated: May 13, 2024 9:39 AM
• Subjects: Law
• Tags: case law , common law , law , legal research , legal skills , legislation , regulations , statutes

• Lewis & Clark Law School
• Boley Law Library
• Legal Research Strategy

Legal Research Strategy: Start Here

• Step by Step Strategy
• Research Log FAQ

Developing a Legal Research Strategy

Constructing a research strategy is an important first step in the legal research process. If you have developed a successful research strategy in the past, you may only need to adapt it to legal research, incorporating those parts of this sample strategy that work for you. As you get more sophisticated and knowledgeable in a particular area, your strategy will evolve.

Take a look at our Step by Step Strategy and our Research Log FAQ for more information.

You may also find the Strategy Worksheet and Search Terms Worksheet helpful.

• Step by Step Legal Research Strategy Worksheet
• Search Terms Worksheet

Research Parameters

Before you begin research, take time to think about what you are being asked to do. Consider deadlines, time available, work product expected, as well as dollar, time, and resource limitations. Do you have all the information you need to get started? Try to clarify and break complex issues into manageable parts. Reevaluate the issues as needed.

Know Your Resources

Get in the habit of evaluating your sources as you go. Be aware of the scope, currency, authority and coverage of the resources. Ask your peers for recommendations, other lawyers may know of good starting points and reliable sources. Always ask your supervisor for hints on where to begin research.

Remember also that most primary law is duplicated in more than one source. Always consider alternatives in case the source you are seeking is unavailable.

Always Have a PLAN

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.

Know When to Ask for Help

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.

Keep Track of Citations

Construct a useful note taking system (spreadsheets can be useful). Take notes on your sources as you go along. Make sure you have all relevant citation information (full case and code citations, author, title, publisher, dates, library call numbers and web addresses) as you go along so you won't have to go back and check again for a cite you missed. Be aware of and write down all related terms and descriptors for your facts and issues as you proceed.

Research Help

We're here to help. Contact a research librarian for help with an assignment, project, or resource. 

Hours: Mon-Fri, 11am -3pm 503-768-6688 [email protected] Reference Hours

• Next: Step by Step Strategy >>
• Last Updated: Feb 16, 2024 1:04 PM
• URL: https://lawlib.lclark.edu/legalresearchstrategy

Paul L. Boley Library Lewis & Clark Law School 10101 S. Terwilliger Boulevard Portland, Oregon 97219 USA [email protected] Circulation 503-768-6676 Reference 503-768-6688

Basic Legal Research: Making a Research Plan

• Issue Spotting
• Jurisdiction
• The Hierarchy of Authority
• Making a Research Plan
• Researching in Print or Online
• Secondary Sources- Intro
• Secondary Sources- Encyclopedias, Restatements and ALR
• Secondary Sources- Treatises, Looseleafs, and Periodicals
• Updating Your Research
• Writing Your Document
• Researching with Lexis
• Researching with Westlaw
• Researching with Bloomberg BNA

Fact Situation

Darin drank a few beers, then took his skateboard down to the corner store to pick up some more. On the way back, he swerved into the path of Nadine, who was riding a bike, causing a crash in which Nadine's arm was broken. A police officer was on the scene, noticed that Darin seemed intoxicated, had him do a field sobriety test, and arrested him for operating a vehicle under the influence of alcohol (DUI).

Developing Search Terms

To research a question, you first need to outline the concepts you're dealing with, and find keywords that fit those concepts.

Darin was charged with operating a vehicle under the influence of alcohol. There are three major concepts here:

One way to come up with keywords is to look at related words for each concept.

• Operating: driving, running, controlling
• Vehicle: car, skateboard, bicycle, truck, conveyance
• Alcohol: drink, beverage, drug

These words can be narrower than the concept (car, skateboard, etc. are types of vehicles) or broader (vehicles are a type of conveyance). When you're searching, don't just stick with the words given to you, but have as many backup keywords as possible.

Boolean Searching

• Boolean Cheat Sheet

Boolean searching (named for the mathematician George Boole) is a more precise method of constructing a search than entering all your search terms together in a box. By using logical operators, such as AND, OR, or NOT, you can create a search that will yield results more on point. The below document contains the most used operators and examples of their use.

Terms and Connectors

CALI Lessons on Research Planning

• Legal Research 101: The Tools of the Trade Using a lawyer-under-construction theme, we take the law student on as an apprentice and introduce him or her to the basic tools of legal research.
• Legal Research Methodology This exercise is designed to help law students develop their abilities to handle legal research assignments.
• Introduction to Search Logic and Strategies Students will learn about keyword search formulation strategies and the mechanics of Boolean searching.
• Hold 'Em, Fold 'Em, Walk Away or Run: When To Stop the Search Knowing when to stop is important for efficient and cost effective legal research. This exercise will cover several factors which you may wish to consider.
• << Previous: The Hierarchy of Authority
• Next: Researching in Print or Online >>
• Last Updated: May 22, 2024 8:02 AM
• URL: https://library.famu.edu/basiclegalresearch

Law 792-PP: Advanced Legal Research: Research Planning & Process

• Legal Research Tools
• Research Practices
• Case Law Review
• Legislative History
• Regulations
• Legal Encyclopedia
• Restatements, Uniform Laws & Model Acts
• Legal Periodicals
• American Law Reports
• Subscription Online Legal Resources
• Business & Tax Research
• Fact Investigation

UNIT 9 OVERVIEW

This page will provide you with an outline of legal research planning and process.

At the end of this lesson you should be able to:

• Understand the basic steps for tackling a legal research problem
• Break down a research problem into manageable components
• Articulate the value of legal research planning

So, How Do I Make a Plan?

If there is no right way then how does one make a legal research plan? Well, start with a self-assessment. You probably have a sense of what comes more naturaly to you, as well as where your strengths and weakness lie. Remember the best method is the one that helps you to stay on task, tracks where you have been, and guides you to the information you need. A basic research plan will break down your questions into specific research tasks, identify sources to use in your research, and begin to identify search terms.

• Checklist A legal research checklist is a list of steps and sources to be considered. The checklist format serves as a reminder of the considerations you should move through as you research. The checklist format also allows a researcher to easily assess what they have done so far--which is helpful so you do not waste time accidentally repeating your research. A checklist will, however, likely require a corollary log or some other method of note keeping.
• Legal Research Guided Template Some researchers prefer a more guided tool, especially as they are first learning. A guided template is helpful during the planning phase, but can be utilized throughout the research process. Users of a guided template should be careful, however, to maintain flexibility beyond the document. While a guided template is very useful, every research problem is different and researchers must be prepared to deviate as needed.
• Legal Research Log A legal research log is simply a record of where you have looked and what you have searched. Some researchers like to incorporate the legal research plan into their search log. After breaking the research problem apart, use the log to identify your first steps. Keep track of the results and reassess and reevaluate your path along the way.

Additional Resources

Legal Research in a Nutshell, pp. 22-28.

• Hazelton on the Process of Legal Research This article was written for legal practitioners in Washington state. This except provides a basic understanding types of legal materials and the research process.

Legal Research Process

You may have heard or read the phrase "legal research process" before. This phrase refers to the steps undertaken by a legal researcher in order to meet their research objective. While a singular phrase, legal research process, is often used to talk about research activities, there is no one process that is uniformly best every time for every problem. There are, however, certain steps every researcher should employ along the way. The order of these steps--or even the inclusion of a step--may vary depending on a variety of factors including how much you know before you start and the scope of the project.

For example, if you are an experienced personal injury attorney researching in an area of law you know well you may spend less time on the beginning steps than a novice researcher.

PLAN AND ORGANIZE YOUR RESEARCH

The first step for any researcher should be to plan out your path. This step, though often the most overlooked, is one of the most valuable. Spending just a little time on planning can be the key to efficient and effective research results.

• "Untangle" the problem:

Your research problem will often start as a cumbersome memo from a senior attorney or result from a mass of notes scribbled during a client interview. It is important to begin by reviewing what information you have and separating out the parts. Who are the players? What is the jurisdiction? Which details are superfluous? Which details are operative facts? And, most importantly, what is the issue (or issues) you need to research?

At this stage it is also important to make sure you understand the scope of what you are being asked to do, the desired work product (deliverable), and any relevant time or money limitations.

• Identify key knowledge gaps:

Once the research problem has been broken into parts and the key issues have been identified, a broader picture will emerge. At this stage a legal researcher must identify their own knowledge gaps. Take note of broad themes, key terms, and basic background areas you will need to explore.

• Draft an actual plan:

It is not enough to simply think about what you will do--you need to keep a written plan. Keeping a written plan will help you use your time efficiently. A research plan will identify where you need to go and what you need to gather, as well as keep track of where you have been. It is easy to forget a step when you do not have a guide to reference along the way. Look to the left-hand column of this page for more information about making a research plan.

• Keep notes :

As you move through the preliminary stage of your plan be sure to keep notes, and continue to take notes along the way. Some researchers like to keep a formal log. Others like to jot down comments on the sources they find. Using digital organization opportunities, such as the foldering system on WestlawNext or digital workspace platforms like Evernote, can be another way to keep track of and annotate your project. There is no right way to keep track of your research. It is important though that whatever method you use your notes are organized, detailed, and complete. It is likely you will need to refer back to them many times.

USE COMMENTARY TO DEFINE & UNDERSTAND ISSUES

When attacking a research problem, begin with building on what you already know about the problem and its area of law. Identify the gaps in your knowledge base and try to bridge them with background reading. Secondary sources can be a helpful review or a great starting place if you are unfamiliar with the subject.

Secondary authorities will help you flesh out the steps above and fill in any holes. Background reading should help you confirm the appropriate jurisdiction for your legal issue, whether state or federal law applies, and identify the types of authority involved (i.e. whether the issues are governed by case law, statutory law, administrative law or a combination.)

Secondary sources will also help you identify any “terms of art” specific to this area of law. These terms will help you refine your search queries. Additionally, secondary sources will often cite directly to governing statutes and regulations and cite to key case law. This makes them an ideal starting point for searching for primary law.

FIND RELEVANT LAW IN YOUR JURISDICTION (cases, statutes, regulations)

Secondary resources are the best place to start, but to answer your legal question you will need to find the relevant primary authority. There are two primary was to access legal materials:

• Using finding tools (intermediation)

Remember there are a whole host of tools which can assist you in your research. If you discovered a citation during your background reading you can use these tools to turn that citation into a jumping off point. Likewise, if your prior reading revealed a term of art important to your topic try using an index or the topic and key number system to get started.

• Searching and evaluating results

After working with the finding tools you may still need to conduct some traditional searching in one of the legal databases. Keep in mind the value of controlling your search results with boolean searching and search filters.

Look back on our prior lessons for a refresher on the best practices for finding legal authority.

RESTATE & REFINE

As your research progresses you will likely come across new terms, or even new issues. It is important to take time throughout the research process to assess what you have done so far. Did you miss anything after you became familiar with the area of law? Does your issue statement need to be refined? Do you have new sub-issues which you must address?

CONSIDER LAW OF OTHER JURISDICTIONS

If after your reassessment you are not finding enough primary authority to answer your question it may be time to consider law outside your jurisdiction. If you have not been tracking this all along, go back and rerun some of your searches with a broader scope in mind.

UPDATE & VERIFY

It is always important to make sure the law you are using is good law. It is considered professional incompetence to fail to accurately verify the status of a precedent.

You may have been checking this as you uncovered sources. If your research is being done in small time window, for example, a day, this is likely sufficient. If you are working on a project over several days or weeks, it is imperative that you take a moment when finished to ensure nothing has changed since you started the project.

Remember, law is a living thing and constantly changing.

WHEN TO STOP

Knowing when to stop is one of the toughest research skills to master. Unit 10: Putting it all Together will discuss this in greater detail.

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• Next: Research Practices >>
• Last Updated: Jan 12, 2024 9:55 AM
• URL: https://libguides.law.illinois.edu/law792pp

Basic Legal Research Guide: Research Strategy

• Getting Started
• Dictionaries
• Encyclopedias
• Law Reviews
• Restatements
• Statutes and Codes
• Administrative Law
• Illinois Resources
• Research Strategy

Research Strategy for 1L Research Memo

• Research Memo Strategies Presentation - Fall 2023

This short Powerpoint presentation outlines some of the techniques and strategies that might be helpful for your Research Memo.

• The Process of Legal Research

It may be helpful to see a visual display of the research process. Attached is a general flowchart for the legal research process. This file was originally created by Sarah Glassmeyer at CALI (The Center for Computer-Assisted Legal Instruction) . 

Sloan - Basic Legal Research: Tools and Strategies, 6th ed.

On pages 304-307 of Amy Sloan's  Basic Legal Research textbook, you will find sample legal research flowcharts that show the thought process for handling certain types of research questions.

Approaching Your First Research Assignment: Introduction

The purpose of this page is to outline a basic strategy for approaching your first open-research assignment. It is most likely that this assignment will be your trial brief in the second semester of Legal Writing. The steps outlined here are intended to assist you in that endeavor. If, by chance, you are reading this page and looking for information on how to approach your first research assignment for work as a clerk or an extern, you will find the approach outlined here to be fundamentally the same because the process of legal research, regardless of the setting, will bear similar characteristics. If you are looking for more in-depth information on applying this process to assignments in the workplace, see the Summer Associate Research Guide .

In many respects, following a “legal research plan” is much like briefing cases; there are certain steps that ought to be followed and certain landmarks to look for along the way. Once you become familiar with briefing cases, you no longer need to work through the process every time you read a case, as that process occurs in the background. So it is with legal research. Working through the steps outlined below might seem tedious at first, but they will become commonplace. In the future, even though you may not work through the steps individually, you can be more confident that your research is complete, thorough, and accurate. Since you've worked through the process a number of times, you’re following the steps whether you recognize them or not. Here are the steps :

• Step 1: Preliminary Analysis
• Step 2: Formulate a Research Strategy
• Step 3: Record Your Actions, Sources, and Results
• Step 4: When Do I Stop Researching?
• Step 5: Update Your Research
• Step 6: Begin Writing Your Brief 
• Step 7: Keep Calm and Carry On

Step One: Preliminary Analysis

Before you can begin researching, it is important to spend some time analyzing the materials that you’ve been given, looking for clues to assist you in researching the question that you have been asked to answer. You need to have a plan . Very often research goes wrong because the researcher attempts to begin researching without being able to answer some very fundamental questions about the topic. Librarians call this the “shot in the dark” approach. It cannot be emphasized enough (especially with your first research projects) that you take the time to answer the following questions and extract as much information as possible, before you begin researching . Part of the reason for this is that the answers to some of these questions will guide your research process in terms of locating and studying sources.

Before you attempt to answer a legal question, you must understand it. In order to understand the question, you have to review the preliminary materials that you have been given as a starting point. It is crucially important that you read everything that you’ve been given carefully, and ask yourself the following questions:

• What is the legal issue? Sometimes the legal question at hand may be ascertained easily from preliminary materials. For example, you may be given documents that comprise an initial case file and be asked (based on the facts) whether a potential client has a cause of action for intentional infliction of emotional distress (IIED) against a co-worker. Other times, it will be less obvious. Part of your research process may involve "learning” enough about an unfamiliar subject area to determine exactly what the proper legal question is. Legal research can sometimes be frustrating because it is a recursive process. In other words, sometimes you need to conduct a significant amount of research just to determine what the question is that you are trying to answer. Only then can you do additional research--often using the same sources--to determine what the answer to the question is.
• Who are the parties involved ? When asking yourself these questions, think in terms of potential legal relationships and not necessarily labels. For example, when considering whether an employee has a potential cause of action against a co-worker, it may be important that the co-worker is the employee's supervisor. The supervisor–employee relationship might indicate that one person or party can exercise authority or control authority over another person or party.
• What is the thing in controversy ? Is there a contract involved? Is a piece of property at issue? The answer to this question may be helpful because it often leads the researcher to specific legal subject areas. Knowing that a question is a matter of tort law or contract law reduces the universe of possible resources to consult and may lead directly to certain sources like a treatise on torts as a starting point.
• What type of relief is being sought? In other words, what are the possible bases of action or defenses? Is a party seeking monetary damages for an injunction? Again, knowing the answer to this question (if ascertainable at this point) may lead the researcher to a specific legal topic, such as what standard needs to be met in order to be granted an injunction given a particular set of facts
• What jurisdiction governs the legal question at hand ? Again, at this point, it may be difficult to answer this question. Some legal topics are governed primarily by federal law (e.g., environmental, immigration, copyright) and some by state law (e.g., contracts, torts, criminal law). When you’re done with law school, you will be in a much better position to answer this question initially. If you did know the answer with some certainty, again this would restrict your universe of possible sources. If you knew, for example, that the question was governed by Illinois law, you could eliminate the federal law and forty-nine other states as potential research sources, or at least as primary authority. Doing so will allow you to focus your research much more narrowly and save a great amount of valuable research time.
• When did the events take place ? The answer to this question helps to determine whether you are researching current law or historical.
• Are there any starting points embedded in the preliminary materials ? For example, you may be pointed to a particular statute as a starting point. Or, you may have been given the name of the seminal case. If, for example, you knew that the answer involved a particular federal statute, you might begin by reading that statute and looking at annotations in an annotated federal code like U.S.C.A . or U.S.C.S .
• Is there any language that you don’t understand? If you need to look up terminology in a legal dictionary, by all means do so, and do so before you continue on. There’s no prize for assuming you know what a term means or how it is being used. If you make an assumption, and it turns out that you're wrong, you will need to start your research over again. That is a tremendously inefficient way to proceed.

Step Two: Formulate a Research Strategy

At the conclusion of the Preliminary Analysis stage of the research plan, a researcher ought to have a basic understanding of the legal question and a list of search terms based on the questions above. The researcher might also know the jurisdiction to be searched, as well as whether it is current or historical information that is sought. A researcher's level of confidence will next guide the research strategy by indicating what resources should be searched, and in what order.  So, the first question is this:

Can you state your legal issue in a sentence?

• If you are not confident that you can state your answer in a sentence, don't be dismayed. This is perfectly natural. But, before you start looking for answers when you don’t understand the question, it’s time to take a step back. You can’t find a needle in a haystack if you can’t identify the haystack you need. This is where most beginning researchers go wrong. Don’t go jumping into a rolling sea of contradictory opinions without the proper context for understanding the information that your research has gleaned. You'll just waste precious time.
• If you can’t state your legal issue in a sentence at this point--in other words, if you are not confident that you have or understand all the terms of art, what the governing jurisdiction is, or what the governing law is--it's best to begin by trying to ascertain a very broad overview of your subject area. This is the Google Maps equivalent of changing your focus so you see a broader area in less detail. One way to "learn" about unfamiliar legal topics (like IIED, employment discrimination, or injunctions) is to begin with basic secondary sources like national or state encyclopedias or hornbooks. Students are often loath to take this intermediary step because it’s not the fastest way to get research done. One important point to keep in mind here is that often preliminary research involves looking for starting points rather than necessarily looking for answers. A basic secondary source will identify the answers to some of the questions asked above: Is IIED a question of state or federal law? Is it primarily governed by statutes? Case law? Or both? Are there particular statutes or cases in the area that you must be aware of in order to answer the question asked? Are there important terms of art that you need to know to execute an effective online search?.
• After you review one or more basic secondary sources, you should at some point feel confident that you can state your legal issue in a sentence. When that happens, keep reading below.
• if you have done a thorough job with your preliminary analysis, you may at this point be able to state your legal issue in a sentence. This is an extremely important point, because if you can state your issue in a sentence, it may be possible for you to begin searching for answers or pieces of an answer using a natural language or terms and connectors search. That technique, however, is not recommended if you are exploring an unfamiliar area of law.
• Before you begin researching, take stock of what resources you have at your disposal. Don’t just go looking for cases. If you know that your question involves a state or federal statute, or section of code, retrieve that statute or section from an annotated code . Then, read it, and look at the annotations, especially references to secondary sources like law review articles or treatises that discuss and dissect the entire statute or section.
• Likewise, now would be a good time to look for more advanced secondary sources covering your topic like treatises or law review articles. If you are not familiar with the treatises in the particular subject area, don’t be afraid to ask your friendly reference librarian for input. Doing so may save a lot of time in the long run. Another trick is to look at the practice pages on Lexis ,  Westlaw , and Bloomberg  to see what major works or treatises are available through these resources.
• Finally, remember that legal research is a recursive process. As you read more and learn more, you may have to adjust your question. Again, this is perfectly natural. However, it leads to the next important point about executing a research plan.

Step Three: Record your Actions, Sources, and Results

Executing a well-thought-out legal research plan is a lot like briefing cases. It’s drudgery at first, but it becomes a natural process after you’ve done it a few times. Those who don’t do it become stuck using the same poor technique or series of sources with no understanding of whether that technique will work or not. When all you have is a hammer, every problem becomes a nail. The best lawyers still brief cases. Very good lawyers brief cases mentally--whether they know it or not. Good researchers record their actions in some manner, shape, or form. Once you become familiar with a particular area of law and its related research resources, your research process will become intuitive. Your search history and Lexis , Westlaw , and Bloomberg can aid greatly with this part, but not every source is available through those three commercial services. So, it’s important to have a log separate from the database research histories, even though there will be some overlap.

For now, here are six good reasons why you ought keep a "research log" for your first few assignments, followed by an example of what one might look like:

• It’s helpful to have a a written, recorded research log to keep track of sources consulted because, if your question changes slightly as you learn more about your legal topic, you will have a record of what has and hasn't been searched, what terms or techniques were used, and what the results were so you do not re-create the wheel and waste your own time.
• Keeping a research log will give you some assurance that you haven’t missed anything. You can compare your list of potential sources like treatises, law reviews, annotated codes, case databases etc. against what you’ve actually researched. This will give you confidence that there isn’t more information lurking out there somewhere that you ought to have found.
• If you need to consult with a partner, professor, or a librarian about your research, it would be most helpful to have a written record of what your searches have been and where you have looked. From looking at the record, an expert will be able to determine whether there are sources that you should have searched, or whether your search terms need modifying, 
• In the real world, whether you are clerking, have an externship, or you are a summer or young associate, if the answer turns out to be "I cannot find an answer," you will need to prove that result is justified. The best way to do that is by presenting the assigning attorney with your research log based on your research strategy and searching.
• If you have to set aside your research project for any length of time, a research log will help you by identifying where you have been and what you have learned. Again, don’t re-create the wheel. If every time you sit in front of a computer you start fresh, you’re going to waste a lot of precious time, and you will have no confidence that you found everything that there is to find because you have no list or record.
• Finally, as you are researching, you will probably identify sources that seem interesting, or possibly helpful, but that may be outside the scope or focus of your current research. Write those down, and keep them somewhere--perhaps in a separate folder labelled "maybe." Never look serendipity in the mouth. Often times skillful researchers end up finding very good resources or bits of information in places they never thought they’d be. Don’t lose the opportunity to take advantage of this information simply because you failed to record its existence when you had the opportunity.

What a sample research log might look like:

Derived from Robert M. Linz, Research Analysis and Planning: The Undervalued Skill in Legal Research Instruction , Legal Reference Services Quarterly, 34:1, 60–99 (2015).

You can also use PowerNotes (available from the Law Library's A-Z Databases Page ) to create a research log. This short video demonstrates how to export your research from PowerNotes into an Excel spreadsheet.

Step Four: When do I Stop Researching?

How do I know when to stop? In the real world, the answer to this question often depends on budgets and time restrictions (for more on this, see the Summer Associate Research Guide ). For purposes of your first research assignment, however, the simple answer is that you stop when you keep seeing the same information, and new information that you come across is not any more helpful than what you already have. Generally speaking, you will keep coming across the same statute or section of code, the same cases interpreting that statute or section, and the same law review articles or treatise sections that discuss the primary law. Once you have this set of information—information that has been recorded in your research log—you can begin attempting to answer the question asked.  As you begin writing, however, you may uncover loose ends that need to be further investigated. So, in a sense, your research is never really done.

Step Five: Update Your Research

No matter what your research turns up, it’s important to update all of your sources using the citators available online: Lexis (Shepard’s), Westlaw (KeyCite) and Bloomberg (BCite).

• You must always make sure that authorities that you are citing are current and reliable; i.e., have not been overruled, superseded, or subsequently distinguished out of existence.
• Beyond that, if you are working on a brief as part of litigation, you can be assured that the opposing party will read your brief, read all your sources, and find any way to discredit or weaken the authority that you are relying on. If you cannot account for these, you run the risk of having your position undermined.
• Finally, remember that a good researcher uses a citator, both to ensure the validity of authority, and to locate additional related authority.

Step Six: Begin Writing Your Memo or Brief

This step is misplaced because, for a number of reasons, you should begin writing well in advance of finishing your research. First, no matter how much research you have done, if you wait until the last minute to start writing, your written product will suffer. Second, the process of writing helps with your analysis. In other words, your brain won't let you write something that doesn’t make any sense. If you’re about to write something that doesn’t make any sense, it’s time to look back at the information that you’ve gleaned. If you wait too long to allow this natural process to occur, you lose the opportunity to fully explore the inconsistencies that your writing uncovers. Also, writing may uncover holes in your research that need to be filled. You need to allow for that possibility as well.

Step Seven: Keep Calm and Carry On

The surest way to be confident that your research is current and complete is to try several different approaches to the same problem. For example, to locate cases, you might employ a terms and connectors search, follow headnotes that are common among identified cases, and use a citator to locate additional authorities. If you were still considering more complex legal or policy issues, you might consult law review articles or a treatise. Each of these sources serves a slightly different purpose and will yield slightly different results. It's the sum of all these parts—and the realization that no matter where you look, you keep coming across the same information—that allow you to conclude that you have found all relevant materials, and you know exactly what to do with them.

Subject Guide

Helpful Free Online Legal Research Resources

Includes federal and state government Web sites, university Web sites, and organizational Web sites.

• Loyola University Chicago Law Library
• Loyola University Chicago Law Library - Research Guides Subject guides to print and online resources available to Law Library users.
• Loyola University Libraries Access to the Main Campus Library's database list, electronic journals search box, subject guides, and more.
• Loyola's Online Catalog Includes holdings of both print and online resources.
• Illinois General Assembly Illinois legislation, legislative history, and administrative law.
• Congress.gov The newly redesigned legislative information Web site of the Library of Congress provides access to Congressional bills, Public Laws, and legislative history documents.
• USA.gov The U.S. Government's official Web portal includes an A-Z listing of administrative agencies.
• GovInfo This Web site from the U.S. Government Publishing Office (GPO) includes links to official government publications such as the CFR, Federal Register, and the U.S. Code.
• United States Courts Provides links to the Web sites of all federal courts, including the U.S. Supreme Court.
• Circuit Court of Cook County General information, court calendars, and circuit court rules.
• Cook County Clerk of the Circuit Court Includes downloadable PDF court forms.
• Fastcase Legal Research via State and Local Bar Associations A listing of state and local bar associations that provide free access to Fastcase as a benefit of association membership.
• Illinois Secretary of State Portal to Secretary of State services and forms (including corporate forms) and the Illinois Register (chronological Illinois administrative law publication).
• Cornell University's Legal Information Institute Links to federal and state legal information, including the U.S. Code, as well as Wex, the collaboratively-created online legal encyclopedia/dictionary.
• FindLaw Links to various state and federal legal information resources and legal forms.
• Law Library Resource Exchange Articles on legal technology topics.
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CoLPS: Introduction to Legal Research for 1L's

• Research Log and Strategy
• Westlaw Edge
• CEB / OnLaw
• Schedule a Legal Research Consult
• Legal Research Training Video

Why Use a Research Log?

Research Logs are useful for Legal Research because it:

• Helps you organize, avoid duplication and save time
• Provides a list of words and phrases that are useful in searching other materials
• Facilitates construction of Bluebook or ALWD citations
• Speeds your return to a specific resource as your research progresses
• Allows someone who is familiar with the topic to confirm that you searched the relevant sources OR that you missed critical sources

Example Template

Research Log (Sample Template)

Preliminary Analysis from Step 1 of Legal Research Strategy:

Jurisdiction:

Legal concepts:

Downloadable Research Logs

• Research Log Template #1
• Research Log Template #2

Westlaw and Lexis - Search Commands

• Lexis Terms and Commands
• Westlaw: Terms and Connectors
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• Last Updated: Dec 14, 2023 4:18 PM
• URL: https://resources.nu.edu/1Lresearch

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Legal Research Basics: Guide outline

Legal research basics, guide outline.

• Step 1: What is your research need?
• Step 2: Map out your research strategy
• Step 3: Undertake preliminary research
• Step 4: Do the research and evaluate the results
• Step 5: Finalise your research outcomes
• General legal writing skills
• I can just Google, right?
• Study guides
• Finding treaties
• Citing treaties
• Current awareness
• The Willem C. Vis International Commercial Arbitration Moot
• International taxation
• MLL444 - CyberLaw

Related Guides

• Legal Referencing
• Legal Abbreviations
• Researching Secondary Law
• Researching Case Law
• Researching Legislation
• Law and Legal Research Hub

Email your Librarians

Getting started with legal research

This introductory legal research guide will help you to get started with legal research. Read through the outlines below to learn what is covered in each section of this guide. You can navigate to these sections via the menu on the left.

Key books: A list of useful legal research textbooks which can be used in addition to your prescribed resources.

Your first steps in legal research: This section is the first place you should start. It maps out the difference between primary and secondary sources of law. There are also some useful videos on developing key research skills.

Legal writing skills: Contains links to useful books and resources on legal writing skills.

Study guides: Links to commercial legal publishers short topical guides, including case notes and Q & A exam study guides.

International treaties: This section contains some useful resources on the Australian treaty making process, links to important treaties and examples of referencing styles.

Current awareness: How to keep up to date with new developments in the law, as well as a list of recent acquisitions.

Unit Help: Customised Library Resource Guides for specific unit codes.

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Always access the legal subscription databases from the Library's A-Z databases page, Catalogue or a Resource Guide. You should only need to enter your Deakin Single Sign On credentials.

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Some databases use cookies and/or have popup messages. Ensure that you enable popups for these databases in your internet browser. More information is available on the Recommended Browser & Settings webpage.

Avoid using Google to access a subscription database, as you are likely to encounter paywalls.

What is FIND IT @ DEAKIN?

You will sometimes see a FIND IT @ DEAKIN link when you are searching for journal articles, and the full text is not immediately available.

FIND IT @ DEAKIN will provide you with possible options for locating the full text of the article if it is not available in full text from the database you are using.

Clicking on the FIND IT @ DEAKIN link will provide a link to other databases, to the library website, and other possible sources.  

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How do I create a law school outline? (an in-depth guide)

Writing your law school outlines (and starting early in the semester!) is one of the most important things you can do to maximize your chances of graduating at the top of your class. Many students struggle with outlining because they do not know where to begin.

Below is a step-by-step process on how to write a law school outline. To do so, you will need to gather your materials together. We recommend you have the following on hand:

• Class notes
• Any supplements you use

We also recommend you have a cup of coffee in hand since outlining can be grueling! (But it can also be fun!)

Note: if you haven’t yet downloaded our   free guide on how to succeed in law school, do so here !

Even better, join our   FREE law school prep course here !

How to write a law school outline—five  key principles

Before we even discuss the in-depth guide on how to write a law school outline, we want to cover these five key principles that you should not lose sight of!

1. Outline early on in the semester

If the class has begun and you haven’t started outlining, start now! There is no reason to put it off. The sooner you have your outline, the sooner you can start to review it.

2. Your class notes are your most important resource

Remember that your professor writes the exam. So, whatever he or she says in class is gold! That is more important than anything you find in a supplement, casebook, etc. Always use your class notes as your primary resource. Supplements can be used to fill in the gaps where your class notes are unclear or when you do not understand something.

3. Make your own outline

The process of outlining helps you more than anything else and it will be much easier for you to learn an outline you made. It will be tailored to your exact learning style.

4. Do not type up your class notes and call it your “outline”

That is a rookie mistake! Class notes are important but they will not be nearly well-organized enough to be used as an outline.

5. Organize your outline in a way that makes sense

We discuss this below!

How to write a law school outline: an in-depth guide

1. First, figure out the overall structure of your outline by looking at your syllabus

For your Contracts course, for example, you may talk about contract formation first (offer, acceptance, consideration). Then, you may talk about defenses (illegality, insanity), and the Statute of Frauds. You may also talk about remedies (for both the UCC and common law).

Look at the main headings in your syllabus to see the overall organization of your class. If your professor does not have a detailed syllabus, check your casebook to see the main headings that appear above the cases you are assigned.

A bird’s-eye view of your outline might look something like this (this is admittedly a bit abbreviated):

1. Contract formation

a. Offer b. Acceptance c. Consideration

2. Defenses

a. Illegality b. Insanity

3. Statute of Frauds 4. Remedies

a. Common law b. UCC

2. Start with the first issue (e.g., offer, above) and find the rules to go with each issue

The absolute best resource to find the rule is your class notes. (Your professor writes the exam so it makes sense to know the rules they want you to know!) Your professor should either state the rule directly or point it out in a statute, restatement section, or case during class. Take very good notes on whatever your professor says the rules are.

For example, let’s just take offer, above. Here are some of the rules that go with it:

i. Rule: an offer is a manifestation of intent to enter into a contract. ii. Elements: An offer requires both (1) intent and (2) specific terms. The specific terms are price, quantity, and identity of the offeree. It also requires intent from the perspective of a reasonable person.

What if you leave class not knowing what the rule is? Sometimes professors can be very vague and you may leave class not knowing what the black letter law is! If this is the case, first start by looking at your class notes—after all, your professor likely referenced a statute or case that had the rule in it. (If so, then get your rule statement from the statute or case). You may have to start to train yourself to really start listening for this in class! If you still cannot find it, look up the rule in a supplement (like an Examples & Explanations book or the Restatement, etc., depending on your class).

3. Break down the rules into manageable parts

Rather than having one long sentence for a rule, try to divide it or break it down into parts. This makes it much easier to learn when you are reviewing your outline. We also think it is a good idea to format your outline to draw attention to the rules. (We underlined the elements below, but some people like to use one specific color for the rules—do whatever you like best!)

For example, instead of writing what is above you could break it down as follows:

i. Rule: an offer is a manifestation of intent to enter into a contract.

ii. Elements: An offer requires both

(1) intent and

1. Look at this from the position of a reasonable person.

(2) specific terms . The specific terms are

2. quantity , and

3. identity of the offeree .

Wouldn’t you much rather look at an outline that is neatly separated into its logical elements rather than a few long sentences (like under note 2 above)?

4. Add cases (or at least the rules from cases)!

If you take our advice and outline early, you will have plenty of time to add the important cases that you discuss in class. (If you start outlining late, it is probably a better idea to still include all the landmark cases—but for the other cases, just make sure you have the rule.)

Do not include long descriptions of the cases. Do not include case briefs for each case! Try to summarize a case in one or two sentences. Write the summary in your own words. It does not have to be eloquent or well-written!

You can use your class notes, casebook, or a commercial briefs book to find the rules. We recommend that you use your class notes (it is your best resource) and you can use your casebook or any commercial briefs as a backup.

We’ve added in the cases, in orange below.

2. Fairmount Glass Works v. Crunden: Even if one or more terms (below) are left open, a contract does not fail for indefiniteness if the parties intended to make a contract.

a. Harvey v. Facey: Saying “lowest price you’ll accept” is not an offer. Need the price .

a. Owen v. Tunison: if offeree is not identified (in this case, a land sale contract), there is no offer.

b. Lefkowitz: Coat case. This was an offer because all terms were identified (first person in store gets coat for $1).

5. Use hypothetical examples or important points your professor made in class to illustrate a rule

It is crucial to include hypothetical examples and important points that the professor makes in class in your outline because they show you how the law is applied to facts. Further, your professor is likely to test these points. You can see hypothetical examples and points added in red font below.

i. Hypo: “Will you sell us the property?” Is that an offer? No, a question cannot be an offer. No price term either!

a. “We are authorized to offer you all of the fine salt you order.” Is that an offer? No. Because no quantity. Just saying “offer” doesn’t make it one.

i. What makes an ad an offer? When there is nothing left to negotiate!

6. Identify and draw attention to the minority rules, exceptions to the rules, and the parts of law that are unsettled

Outline the ambiguities, contradictions, and exceptions in the law. If there is a minority rule or an exception to the rule, state it. If you are assigned two cases that contradict each other, include both. We don’t have an example for this portion of the outline, but the point is DO NOT avoid gray areas or ambiguities—rather, draw attention to them! These are commonly tested on exams!

Once you have your outline made, constantly review your outline! Go back and repeatedly review it so you can memorize it. It is best to make it a habit to repeatedly review your outline (however you learn best!). If you are an auditory learner, cover up your outline and try to say it out loud. If you are more visual—which most students are—then it may be more helpful to cover up portions of your outline and see if you can rewrite the elements. We have more tips for learning your law school outline  later in this guide!

Looking for a unique way to outline? 

We are very proud of our new  law school study aids , which include visually appealing outlines! (Please see a few samples of outline pages below.) We recommend students incorporate images from our outlines into their own outlines. These images make your outlines easy to understand and learn!

Our law school study aids are available on a monthly basis and also include over 1,500 flashcards, hundreds of practice problems written by top professors, and multiple-choice questions. You can try it for free today!

Torts sample:

Constitutional Law sample: 

Contracts sample:

Check out this recorded webinar on how to write a law school outline.

Go to the next topic, when should i start my law school outlines  , seeking success in law school.

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How to write a legal research paper: All you need to know

This article on “How to write a legal research paper: All you need to know” was written by Vridhi Rai, an intern at Legal Upanishad.

Introduction:

Law is all about analysis, critical thinking, and interpretation. Your capability to put together the analysis of the study of the issues in written form is essential in the practice of law. The research paper is one such way to express your creative and analytic thought process, your vision of the theme, and the originality of your content. The word ‘research’ means a systematic examination of material facts. It can be complex and daunting for law students. But research helps in enhancing your knowledge and cultivating your writing skills. This article will help you understand what is research paper all about and how to write a research paper.

What is a research paper?

A research paper is a piece of academic writing which is based on an author’s original composition in the research and the findings on a given theme or topic. The writing should be owned by the author himself or herself. A good research paper strives to convey the information traced by the author crisply and concisely. The paper is written to examine the theme or the provisions, present your stand on it, and showcase evidence in support in a systematic manner. The true nature of the paper shows you the purpose of the theme or topic. 

What is the aim of the legal research paper?

The aim of the legal research paper can be a subjective question since the writing will indicate what the intended outcome is. There are kinds of writings that would pave a way for courts because it geared toward a certain kind of doctrinal analysis of the court’s interaction with theory and practice. The writings are done for better interpretation of the law. It could also be used to influence policy-making and generate debates. The author has a specific objective and intended audience in mind to serve.

How to write a legal research paper?

Step-1 choose a theme or topic:.

The foremost step in writing a  legal research paper is to select a theme or topic for the research. Select topics that catch your attention or interest. You can pick topics addressing contemporary issues or topics for the intended audience you wish to cater to. It should be novel, innovative, and interesting. While choosing a topic, read pertinent issues from different sources.  You can follow legal news to search for pertinent topics.

In case, you find difficulty selecting a topic, it will be wonderful for you to approach your professors, colleagues, and friends for consultation. Also, never feel hesitant to change the theme or topic of the research, if you feel it is not the right topic or you will not able to research the topic effectively.

Step-2 Research on your topic:

Now, your next task is to research the topic extensively on your selected topic from credible sources. You can refer to different sources by reading legal research pieces from books to online sites like SCC online, Manupatra, and Kluwer Arbitration. Always remember don’t just goggle. Use conventional sources like books and articles, these will give you a broader perspective. Read as much as you can. Reading helps you understand the nitty-gritty of the law provisions. Please beware of the research as this task can be very monotonous. You might lose motivation to perform this task. But hang in there and stay motivated to find interesting facts.

Step-3 Examine and Make a plan:

After researching, your very next step is to examine and make a plan to execute writing a legal research paper. Your research will be comprehensive with ideas. Please develop a detailed outline. Try adding notes to your research work. It can be possible that you might end up adding too much information to your paper. Highlight the key findings from your study. At this stage you are required to identify the goal of your research work, it can be either argumentative or analytic. You have to determine the masses you are wishing to address. The focus and the tone of the paper should b according to the audience you are intending to reach.

To get your Legal Research Paper written by an expert. Contact us.

Step-4 writing the paper:.

The next step is to draft the research paper. Make a final outline of the research work. The outline must have the points to describe the overview of the paper. The basic mantra of legal research is the structure of the paper. The research paper writing should be creative, clear, concise, and comprehensive. The language of your research paper should be easy to interpret. The legal terminologies and material facts are generally very sophisticated and complex. The facts, you are mentioning must be backed by shreds of evidence.

The format of the legal research paper:

The paper should have a proper format that consists of writing styles, referencing styles, page numbering, spacing, and margins. It should also include the headlines, sub-headlines, citations, or credits to the authors and the scholars.

The content of the legal research paper:

The content consists of the following:

Acknowledgment : the content of the paper should include an acknowledgment section that appreciates all the contributors to the research paper for their efforts and encouragement.

Table of contents: it includes the list of the things that you have written in your research paper.

Scope of the research: the scope or object of the research includes the reason for your study. It shows you the skeleton of your research paper. You have stated the problem or issue of the paper.

A literature survey or the sources used in the study: it includes the sources you have referred to in your study. It can be primary or secondary resources. The primary resources include books, statutes, and case laws. The secondary sources include the material you have collected from law articles, journals, and compendiums online or offline.

The hypothesis of the research: the hypothesis is the idea that is suggested to explain the objective of the research conducted by the researcher. It conveys the expectations of the researcher on what basis he started studying the issues, he raised in his paper.

Abstract : abstract shows the gist of the theme you have mentioned in your study. It is like the summary of the findings in your research regarding the theme. It should be written clearly and concisely.

Introduction: the introduction should be well-written to attract the attention of the audience toward the theme you mentioned in your thesis. A glance over the initial paragraphs gives an insight to the readers of your work. The introduction determines whether the research paper is worth reading or not. It should express the research problem, the purpose of your thesis, and background details about the issue you are referring to. It should be short, crisp, and comprehensive.

The main body of the study: the main focus of the paper is the main body of the thesis. The body should be divided into paragraphs along with sub-headings for a better understanding of the facts. Each paragraph should draw the main points of your study. It should begin with the topic’s sentences and should conclude extensively. In the main body, you can add the case laws and judgments.  

The conclusion of the study: the finale of the study should include a summary of the main pointers discussed in the study, it should express your stand or viewpoint towards the research problem. The concluding para of your research can be affirmative or negative in tone. In the end, you can add some suggestive measures to your study.

References or bibliography: at the end of the paper mention the references or the sources links or sites from which you have researched the material facts.

Step – 5 edit and proofread the final draft of the research paper:

Use proper grammar, punctuation, and spelling. Proofreading will help you to find errors in your content. If you need, to make changes to the paper, check and find the logic and legality of the statement. At this stage, you check the plagiarism of your content.

The things that should be considered carefully before drafting the paper:

you need to check the validity of the judgments before mentioning them in the research paper. The validity of the bills mentioned in your study should be carefully considered. The errors related to applicability or jurisdictions should be carefully verified.

Conclusion:

Legal research is not an easy task to perform. It takes a lot of time to conduct it. Constant hard work, attention, motivation, and patience are the factors required to examine and analyze the details. It can be boring. But it will help you in brushing your skills. Your efforts and dedication toward finding more and more material facts will help in shaping you into a good researcher.

It is beneficial for law students for interpreting law provisions, policies, and judgments. It can be used as a medium to influence policy-making procedures and as a tool to aware the masses. Publication of your research papers will act as a stimulating force to your law career. It will help you build your confidence and help them transform into law professionals.

References:

• How to write a legal research paper: guide: how to write a winning research paper?- Legal Desire. Retrieved: https://legaldesire.com/guide-how-to-write-a-winning-research-paper/
• A helpful guide on writing a law research paper- Writing help. Retrieved: https://howtowrite.customwritings.com/post/law-research-paper-guide/
• How to begin with writing a legal research paper- Manupatra- youtube channel-(video file)
• How to write a legal research paper law?|research paper- Eminent law classes-(Video file)
• The aim of writing a legal research paper- the art of writing a legal research paper-Rohini Sen-letter of the law-(video file)

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Home » Research Paper Outline – Types, Example, Template

Research Paper Outline – Types, Example, Template

Table of Contents

By creating a well-structured research paper outline, writers can easily organize their thoughts and ideas and ensure that their final paper is clear, concise, and effective. In this article, we will explore the essential components of a research paper outline and provide some tips and tricks for creating a successful one.

Research Paper Outline

Research paper outline is a plan or a structural framework that organizes the main ideas , arguments, and supporting evidence in a logical sequence. It serves as a blueprint or a roadmap for the writer to follow while drafting the actual research paper .

Typically, an outline consists of the following elements:

• Introduction : This section presents the topic, research question , and thesis statement of the paper. It also provides a brief overview of the literature review and the methodology used.
• Literature Review: This section provides a comprehensive review of the relevant literature, theories, and concepts related to the research topic. It analyzes the existing research and identifies the research gaps and research questions.
• Methodology: This section explains the research design, data collection methods, data analysis, and ethical considerations of the study.
• Results: This section presents the findings of the study, using tables, graphs, and statistics to illustrate the data.
• Discussion : This section interprets the results of the study, and discusses their implications, significance, and limitations. It also suggests future research directions.
• Conclusion : This section summarizes the main findings of the study and restates the thesis statement.
• References: This section lists all the sources cited in the paper using the appropriate citation style.

Research Paper Outline Types

There are several types of outlines that can be used for research papers, including:

Alphanumeric Outline

This is a traditional outline format that uses Roman numerals, capital letters, Arabic numerals, and lowercase letters to organize the main ideas and supporting details of a research paper. It is commonly used for longer, more complex research papers.

I. Introduction

• A. Background information
• B. Thesis statement
• 1 1. Supporting detail
• 1 2. Supporting detail 2
• 2 1. Supporting detail

III. Conclusion

• A. Restate thesis
• B. Summarize main points

Decimal Outline

This outline format uses numbers to organize the main ideas and supporting details of a research paper. It is similar to the alphanumeric outline, but it uses only numbers and decimals to indicate the hierarchy of the ideas.

• 1.1 Background information
• 1.2 Thesis statement
• 1 2.1.1 Supporting detail
• 1 2.1.2 Supporting detail
• 2 2.2.1 Supporting detail
• 1 2.2.2 Supporting detail
• 3.1 Restate thesis
• 3.2 Summarize main points

Full Sentence Outline

This type of outline uses complete sentences to describe the main ideas and supporting details of a research paper. It is useful for those who prefer to see the entire paper outlined in complete sentences.

• Provide background information on the topic
• State the thesis statement
• Explain main idea 1 and provide supporting details
• Discuss main idea 2 and provide supporting details
• Restate the thesis statement
• Summarize the main points of the paper

Topic Outline

This type of outline uses short phrases or words to describe the main ideas and supporting details of a research paper. It is useful for those who prefer to see a more concise overview of the paper.

• Background information
• Thesis statement
• Supporting detail 1
• Supporting detail 2
• Restate thesis
• Summarize main points

Reverse Outline

This is an outline that is created after the paper has been written. It involves going back through the paper and summarizing each paragraph or section in one sentence. This can be useful for identifying gaps in the paper or areas that need further development.

• Introduction : Provides background information and states the thesis statement.
• Paragraph 1: Discusses main idea 1 and provides supporting details.
• Paragraph 2: Discusses main idea 2 and provides supporting details.
• Paragraph 3: Addresses potential counterarguments.
• Conclusion : Restates thesis and summarizes main points.

Mind Map Outline

This type of outline involves creating a visual representation of the main ideas and supporting details of a research paper. It can be useful for those who prefer a more creative and visual approach to outlining.

• Supporting detail 1: Lack of funding for public schools.
• Supporting detail 2: Decrease in government support for education.
• Supporting detail 1: Increase in income inequality.
• Supporting detail 2: Decrease in social mobility.

Research Paper Outline Example

Research Paper Outline Example on Cyber Security:

A. Overview of Cybersecurity

• B. Importance of Cybersecurity
• C. Purpose of the paper

II. Cyber Threats

A. Definition of Cyber Threats

• B. Types of Cyber Threats
• C. Examples of Cyber Threats

III. Cybersecurity Measures

A. Prevention measures

• Anti-virus software
• Encryption B. Detection measures
• Intrusion Detection System (IDS)
• Security Information and Event Management (SIEM)
• Security Operations Center (SOC) C. Response measures
• Incident Response Plan
• Business Continuity Plan
• Disaster Recovery Plan

IV. Cybersecurity in the Business World

A. Overview of Cybersecurity in the Business World

B. Cybersecurity Risk Assessment

C. Best Practices for Cybersecurity in Business

V. Cybersecurity in Government Organizations

A. Overview of Cybersecurity in Government Organizations

C. Best Practices for Cybersecurity in Government Organizations

VI. Cybersecurity Ethics

A. Definition of Cybersecurity Ethics

B. Importance of Cybersecurity Ethics

C. Examples of Cybersecurity Ethics

VII. Future of Cybersecurity

A. Overview of the Future of Cybersecurity

B. Emerging Cybersecurity Threats

C. Advancements in Cybersecurity Technology

VIII. Conclusion

A. Summary of the paper

B. Recommendations for Cybersecurity

• C. Conclusion.

IX. References

A. List of sources cited in the paper

B. Bibliography of additional resources

Introduction

Cybersecurity refers to the protection of computer systems, networks, and sensitive data from unauthorized access, theft, damage, or any other form of cyber attack. B. Importance of Cybersecurity The increasing reliance on technology and the growing number of cyber threats make cybersecurity an essential aspect of modern society. Cybersecurity breaches can result in financial losses, reputational damage, and legal liabilities. C. Purpose of the paper This paper aims to provide an overview of cybersecurity, cyber threats, cybersecurity measures, cybersecurity in the business and government sectors, cybersecurity ethics, and the future of cybersecurity.

A cyber threat is any malicious act or event that attempts to compromise or disrupt computer systems, networks, or sensitive data. B. Types of Cyber Threats Common types of cyber threats include malware, phishing, social engineering, ransomware, DDoS attacks, and advanced persistent threats (APTs). C. Examples of Cyber Threats Recent cyber threats include the SolarWinds supply chain attack, the Colonial Pipeline ransomware attack, and the Microsoft Exchange Server hack.

Prevention measures aim to minimize the risk of cyber attacks by implementing security controls, such as firewalls, anti-virus software, and encryption.

• Firewalls Firewalls act as a barrier between a computer network and the internet, filtering incoming and outgoing traffic to prevent unauthorized access.
• Anti-virus software Anti-virus software detects, prevents, and removes malware from computer systems.
• Encryption Encryption involves the use of mathematical algorithms to transform sensitive data into a code that can only be accessed by authorized individuals. B. Detection measures Detection measures aim to identify and respond to cyber attacks as quickly as possible, such as intrusion detection systems (IDS), security information and event management (SIEM), and security operations centers (SOCs).
• Intrusion Detection System (IDS) IDS monitors network traffic for signs of unauthorized access, such as unusual patterns or anomalies.
• Security Information and Event Management (SIEM) SIEM combines security information management and security event management to provide real-time monitoring and analysis of security alerts.
• Security Operations Center (SOC) SOC is a dedicated team responsible for monitoring, analyzing, and responding to cyber threats. C. Response measures Response measures aim to mitigate the impact of a cyber attack and restore normal operations, such as incident response plans (IRPs), business continuity plans (BCPs), and disaster recovery plans (DRPs).
• Incident Response Plan IRPs outline the procedures and protocols to follow in the event of a cyber attack, including communication protocols, roles and responsibilities, and recovery processes.
• Business Continuity Plan BCPs ensure that critical business functions can continue in the event of a cyber attack or other disruption.
• Disaster Recovery Plan DRPs outline the procedures to recover from a catastrophic event, such as a natural disaster or cyber attack.

Cybersecurity is crucial for businesses of all sizes and industries, as they handle sensitive data, financial transactions, and intellectual property that are attractive targets for cyber criminals.

Risk assessment is a critical step in developing a cybersecurity strategy, which involves identifying potential threats, vulnerabilities, and consequences to determine the level of risk and prioritize security measures.

Best practices for cybersecurity in business include implementing strong passwords and multi-factor authentication, regularly updating software and hardware, training employees on cybersecurity awareness, and regularly backing up data.

Government organizations face unique cybersecurity challenges, as they handle sensitive information related to national security, defense, and critical infrastructure.

Risk assessment in government organizations involves identifying and assessing potential threats and vulnerabilities, conducting regular audits, and complying with relevant regulations and standards.

Best practices for cybersecurity in government organizations include implementing secure communication protocols, regularly updating and patching software, and conducting regular cybersecurity training and awareness programs for employees.

Cybersecurity ethics refers to the ethical considerations involved in cybersecurity, such as privacy, data protection, and the responsible use of technology.

Cybersecurity ethics are crucial for maintaining trust in technology, protecting privacy and data, and promoting responsible behavior in the digital world.

Examples of cybersecurity ethics include protecting the privacy of user data, ensuring data accuracy and integrity, and implementing fair and unbiased algorithms.

The future of cybersecurity will involve a shift towards more advanced technologies, such as artificial intelligence (AI), machine learning, and quantum computing.

Emerging cybersecurity threats include AI-powered cyber attacks, the use of deepfakes and synthetic media, and the potential for quantum computing to break current encryption methods.

Advancements in cybersecurity technology include the development of AI and machine learning-based security tools, the use of blockchain for secure data storage and sharing, and the development of post-quantum encryption methods.

This paper has provided an overview of cybersecurity, cyber threats, cybersecurity measures, cybersecurity in the business and government sectors, cybersecurity ethics, and the future of cybersecurity.

To enhance cybersecurity, organizations should prioritize risk assessment and implement a comprehensive cybersecurity strategy that includes prevention, detection, and response measures. Additionally, organizations should prioritize cybersecurity ethics to promote responsible behavior in the digital world.

C. Conclusion

Cybersecurity is an essential aspect of modern society, and organizations must prioritize cybersecurity to protect sensitive data and maintain trust in technology.

for further reading

X. Appendices

A. Glossary of key terms

B. Cybersecurity checklist for organizations

C. Sample cybersecurity policy for businesses

D. Sample cybersecurity incident response plan

E. Cybersecurity training and awareness resources

Note : The content and organization of the paper may vary depending on the specific requirements of the assignment or target audience. This outline serves as a general guide for writing a research paper on cybersecurity. Do not use this in your assingmets.

Research Paper Outline Template

• Background information and context of the research topic
• Research problem and questions
• Purpose and objectives of the research
• Scope and limitations

II. Literature Review

• Overview of existing research on the topic
• Key concepts and theories related to the research problem
• Identification of gaps in the literature
• Summary of relevant studies and their findings

III. Methodology

• Research design and approach
• Data collection methods and procedures
• Data analysis techniques
• Validity and reliability considerations
• Ethical considerations

IV. Results

• Presentation of research findings
• Analysis and interpretation of data
• Explanation of significant results
• Discussion of unexpected results

V. Discussion

• Comparison of research findings with existing literature
• Implications of results for theory and practice
• Limitations and future directions for research
• Conclusion and recommendations

VI. Conclusion

• Summary of research problem, purpose, and objectives
• Discussion of significant findings
• Contribution to the field of study
• Implications for practice
• Suggestions for future research

VII. References

• List of sources cited in the research paper using appropriate citation style.

Note : This is just an template, and depending on the requirements of your assignment or the specific research topic, you may need to modify or adjust the sections or headings accordingly.

Research Paper Outline Writing Guide

Here’s a guide to help you create an effective research paper outline:

• Choose a topic : Select a topic that is interesting, relevant, and meaningful to you.
• Conduct research: Gather information on the topic from a variety of sources, such as books, articles, journals, and websites.
• Organize your ideas: Organize your ideas and information into logical groups and subgroups. This will help you to create a clear and concise outline.
• Create an outline: Begin your outline with an introduction that includes your thesis statement. Then, organize your ideas into main points and subpoints. Each main point should be supported by evidence and examples.
• Introduction: The introduction of your research paper should include the thesis statement, background information, and the purpose of the research paper.
• Body : The body of your research paper should include the main points and subpoints. Each point should be supported by evidence and examples.
• Conclusion : The conclusion of your research paper should summarize the main points and restate the thesis statement.
• Reference List: Include a reference list at the end of your research paper. Make sure to properly cite all sources used in the paper.
• Proofreading : Proofread your research paper to ensure that it is free of errors and grammatical mistakes.
• Finalizing : Finalize your research paper by reviewing the outline and making any necessary changes.

When to Write Research Paper Outline

It’s a good idea to write a research paper outline before you begin drafting your paper. The outline will help you organize your thoughts and ideas, and it can serve as a roadmap for your writing process.

Here are a few situations when you might want to consider writing an outline:

• When you’re starting a new research project: If you’re beginning a new research project, an outline can help you get organized from the very beginning. You can use your outline to brainstorm ideas, map out your research goals, and identify potential sources of information.
• When you’re struggling to organize your thoughts: If you find yourself struggling to organize your thoughts or make sense of your research, an outline can be a helpful tool. It can help you see the big picture of your project and break it down into manageable parts.
• When you’re working with a tight deadline : If you have a deadline for your research paper, an outline can help you stay on track and ensure that you cover all the necessary points. By mapping out your paper in advance, you can work more efficiently and avoid getting stuck or overwhelmed.

Purpose of Research Paper Outline

The purpose of a research paper outline is to provide a structured and organized plan for the writer to follow while conducting research and writing the paper. An outline is essentially a roadmap that guides the writer through the entire research process, from the initial research and analysis of the topic to the final writing and editing of the paper.

A well-constructed outline can help the writer to:

• Organize their thoughts and ideas on the topic, and ensure that all relevant information is included.
• Identify any gaps in their research or argument, and address them before starting to write the paper.
• Ensure that the paper follows a logical and coherent structure, with clear transitions between different sections.
• Save time and effort by providing a clear plan for the writer to follow, rather than starting from scratch and having to revise the paper multiple times.

Advantages of Research Paper Outline

Some of the key advantages of a research paper outline include:

• Helps to organize thoughts and ideas : An outline helps to organize all the different ideas and information that you want to include in your paper. By creating an outline, you can ensure that all the points you want to make are covered and in a logical order.
• Saves time and effort : An outline saves time and effort because it helps you to focus on the key points of your paper. It also helps you to identify any gaps or areas where more research may be needed.
• Makes the writing process easier : With an outline, you have a clear roadmap of what you want to write, and this makes the writing process much easier. You can simply follow your outline and fill in the details as you go.
• Improves the quality of your paper : By having a clear outline, you can ensure that all the important points are covered and in a logical order. This makes your paper more coherent and easier to read, which ultimately improves its overall quality.
• Facilitates collaboration: If you are working on a research paper with others, an outline can help to facilitate collaboration. By sharing your outline, you can ensure that everyone is on the same page and working towards the same goals.

About the author

Muhammad Hassan

Researcher, Academic Writer, Web developer

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