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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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Welcome to the Bristol Law Working Papers Series. The series publishes a broad range of legal scholarship in all subject areas from members of the University of Bristol Law School. All papers are published electronically and available to download as pdf files.

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Title: hallucination-free assessing the reliability of leading ai legal research tools.

Abstract: Legal practice has witnessed a sharp rise in products incorporating artificial intelligence (AI). Such tools are designed to assist with a wide range of core legal tasks, from search and summarization of caselaw to document drafting. But the large language models used in these tools are prone to "hallucinate," or make up false information, making their use risky in high-stakes domains. Recently, certain legal research providers have touted methods such as retrieval-augmented generation (RAG) as "eliminating" (Casetext, 2023) or "avoid[ing]" hallucinations (Thomson Reuters, 2023), or guaranteeing "hallucination-free" legal citations (LexisNexis, 2023). Because of the closed nature of these systems, systematically assessing these claims is challenging. In this article, we design and report on the first preregistered empirical evaluation of AI-driven legal research tools. We demonstrate that the providers' claims are overstated. While hallucinations are reduced relative to general-purpose chatbots (GPT-4), we find that the AI research tools made by LexisNexis (Lexis+ AI) and Thomson Reuters (Westlaw AI-Assisted Research and Ask Practical Law AI) each hallucinate between 17% and 33% of the time. We also document substantial differences between systems in responsiveness and accuracy. Our article makes four key contributions. It is the first to assess and report the performance of RAG-based proprietary legal AI tools. Second, it introduces a comprehensive, preregistered dataset for identifying and understanding vulnerabilities in these systems. Third, it proposes a clear typology for differentiating between hallucinations and accurate legal responses. Last, it provides evidence to inform the responsibilities of legal professionals in supervising and verifying AI outputs, which remains a central open question for the responsible integration of AI into law.

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Federal Rules of Civil Procedure

Primary tabs.

These are the Federal Rules of Civil Procedure, as amended to December 1, 2023 1 . Click on any rule to read it.

• RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS
• Rule 1 . Scope and Purpose
• Rule 2 . One Form of Action
• Rule 3 . Commencing an Action
• Rule 4 . Summons
• Rule 4.1 . Serving Other Process
• Rule 5 . Serving and Filing Pleadings and Other Papers
• Rule 5.1 . Constitutional Challenge to a Statute—Notice, Certification, and Intervention
• Rule 5.2 . Privacy Protection For Filings Made with the Court
• Rule 6 . Computing and Extending Time; Time for Motion Papers
• Rule 7 . Pleadings Allowed; Form of Motions and Other Papers
• Rule 7.1 . Disclosure Statement
• Rule 8 . General Rules of Pleading
• Rule 9 . Pleading Special Matters
• Rule 10 . Form of Pleadings
• Rule 11 . Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
• Rule 12 . Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
• Rule 13 . Counterclaim and Crossclaim
• Rule 14 . Third-Party Practice
• Rule 15 . Amended and Supplemental Pleadings
• Rule 16 . Pretrial Conferences; Scheduling; Management
• Rule 17 . Plaintiff and Defendant; Capacity; Public Officers
• Rule 18 . Joinder of Claims
• Rule 19 . Required Joinder of Parties
• Rule 20 . Permissive Joinder of Parties
• Rule 21 . Misjoinder and Nonjoinder of Parties
• Rule 22 . Interpleader
• Rule 23 . Class Actions
• Rule 23.1 . Derivative Actions
• Rule 23.2 . Actions Relating to Unincorporated Associations
• Rule 24 . Intervention
• Rule 25 . Substitution of Parties
• Rule 26 . Duty to Disclose; General Provisions Governing Discovery
• Rule 27 . Depositions to Perpetuate Testimony
• Rule 28 . Persons Before Whom Depositions May Be Taken
• Rule 29 . Stipulations About Discovery Procedure
• Rule 30 . Depositions by Oral Examination
• Rule 31 . Depositions by Written Questions
• Rule 32 . Using Depositions in Court Proceedings
• Rule 33 . Interrogatories to Parties
• Rule 34 . Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
• Rule 35 . Physical and Mental Examinations
• Rule 36 . Requests for Admission
• Rule 37 . Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
• Rule 38 . Right to a Jury Trial; Demand
• Rule 39 . Trial by Jury or by the Court
• Rule 40 . Scheduling Cases for Trial
• Rule 41 . Dismissal of Actions
• Rule 42 . Consolidation; Separate Trials
• Rule 43 . Taking Testimony
• Rule 44 . Proving an Official Record
• Rule 44.1 . Determining Foreign Law
• Rule 45 . Subpoena
• Rule 46 . Objecting to a Ruling or Order
• Rule 47 . Selecting Jurors
• Rule 48 . Number of Jurors; Verdict; Polling
• Rule 49 . Special Verdict; General Verdict and Questions
• Rule 50 . Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
• Rule 51 . Instructions to the Jury; Objections; Preserving a Claim of Error
• Rule 52 . Findings and Conclusions by the Court; Judgment on Partial Findings
• Rule 53 . Masters
• Rule 54 . Judgment; Costs
• Rule 55 . Default; Default Judgment
• Rule 56 . Summary Judgment
• Rule 57 . Declaratory Judgment
• Rule 58 . Entering Judgment
• Rule 59 . New Trial; Altering or Amending a Judgment
• Rule 60 . Relief from a Judgment or Order
• Rule 61 . Harmless Error
• Rule 62 . Stay of Proceedings to Enforce a Judgment
• Rule 62.1 . Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal
• Rule 63 . Judge's Inability to Proceed
• Rule 64 . Seizing a Person or Property
• Rule 65 . Injunctions and Restraining Orders
• Rule 65.1 . Proceedings Against a Security Provider
• Rule 66 . Receivers
• Rule 67 . Deposit into Court
• Rule 68 . Offer of Judgment
• Rule 69 . Execution
• Rule 70 . Enforcing a Judgment for a Specific Act
• Rule 71 . Enforcing Relief For or Against a Nonparty
• Rule 71.1 . Condemning Real or Personal Property
• Rule 72 . Magistrate Judges: Pretrial Order
• Rule 73 . Magistrate Judges: Trial by Consent; Appeal
• Rule 74 . [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
• Rule 75 . [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
• Rule 76 . [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
• [Rule 71A. Renumbered Rule 71.1]
• Rule 77 . Conducting Business; Clerk's Authority; Notice of an Order or Judgment
• Rule 78 . Hearing Motions; Submission on Briefs
• Rule 79 . Records Kept by the Clerk
• Rule 80 . Stenographic Transcript as Evidence
• Rule 81 . Applicability of the Rules in General; Removed Actions
• Rule 82 . Jurisdiction and Venue Unaffected
• Rule 83 . Rules by District Courts; Judge's Directives
• Rule 84 . Abrogated, eff. Dec. 1, 2015
• Rule 85 . Title
• Rule 86 . Effective Dates
• Rule 87 Civil Rules Emergency
• XII. APPENDIX OF FORMS (U.S. Courts site)
• Rule A . Scope of Rules
• Rule B . In Personam Actions: Attachment and Garnishment
• Rule C . In Rem Actions: Special Provisions
• Rule D . Possessory, Petitory, and Partition Actions
• Rule E . Actions in Rem and Quasi in Rem: General Provisions
• Rule F . Limitation of Liability
• Rule G . Forfeiture Actions in Rem
• Rules 1 - 7

1 Title amended December 29, 1948, effective October 20, 1949.

Historical Note

The original Rules of Civil Procedure for the District Courts were adopted by order of the Supreme Court on Dec. 20, 1937, transmitted to Congress by the Attorney General on Jan. 3, 1938, and became effective on Sept. 16, 1938.

The Rules have been amended Dec. 28, 1939, eff. Apr. 3, 1941; Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 30, 1951, eff. Aug. 1, 1951; Apr. 17, 1961, eff. July 19, 1961; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 30, 1970, eff. July 1, 1970; Mar. 1, 1971, eff. July 1, 1971; Nov. 20, 1972, and Dec. 18, 1972, eff. July 1, 1975; Apr. 29, 1980, eff. Aug. 1, 1980; Oct. 21, 1980, Pub. L. 96–481, title II, §205(a), (b), 94 Stat. 2330; Jan. 12, 1983, Pub. L. 97–462, §§2–4, 96 Stat. 2527–2530, eff. Feb. 26, 1983; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 25, 1988, eff. Aug. 1, 1988; Nov. 18, 1988, Pub. L. 100–690, title VII, §§7047(b), 7049, 7050, 102 Stat. 4401; Apr. 30, 1991, eff. Dec. 1, 1991; Dec. 9, 1991, Pub. L. 102–198, §11, 105 Stat. 1626; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 2013, eff. Dec. 1, 2013; Apr. 25, 2014, eff. Dec. 1, 2014; Apr. 29, 2015, eff. Dec. 1, 2015; Apr. 28, 2016, eff. Dec 1, 2016.

References to Equity Rules

The Federal Rules of Civil Procedure supplant the Equity Rules since in general they cover the field now covered by the Equity Rules and the Conformity Act (former section 724 of this title).

This table shows the Equity Rules to which references are made in the notes to the Federal Rules of Civil Procedure.

• TITLE I. SCOPE OF RULES; FORM OF ACTION
• TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
• TITLE III. PLEADINGS AND MOTIONS
• TITLE IV. PARTIES
• TITLE V. DISCLOSURES AND DISCOVERY
• TITLE VI. TRIALS
• TITLE VII. JUDGMENT
• TITLE VIII. PROVISIONAL AND FINAL REMEDIES
• TITLE IX. SPECIAL PROCEEDINGS
• TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS
• TITLE XI. GENERAL PROVISIONS
• XIII. SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET FORFEITURE ACTIONS
• SUPPLEMENTAL RULES FOR SOCIAL SECURITY ACTIONS UNDER 42 U.S.C. § 405(g)

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LEGAL RESEARCH COMPENDIUM

2023, Legal Research Compendium

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Dr. Jayanta Ghosh

Meghna Mittal

Legal research, a vital player in the course of development of a society, underpins the pressing need for quality research in the country. Legal research is not essentially different from other types of research. This is too searching for authority to substantiate some hypothesis and is a probable outcome. Its issues of enquiry naturally relate to pure law or law in relation to society. India has an important role to play in the world community, especially in the Asian and African regions. The need for research in inter-American law was emphasised in the U.S.A. in 1945 and the U.S.A. is bringing out a separate literature on the subject. Moreover, till now, India has been completely tied down to the chariot wheel of the English Common law. The Legal research in India can only be understood in the context of restraints under which it is produced. With notable exceptions, Indian academic legal scholars are generally ignored by the legal profession, the government and lay public. Deprived funds and resources, they struggle for efficiency, style and effect. Independent India has demonstrated a very strong commitment to law and the development of legal doctrine. Opinions vary on whether this was intended to achieve distributive justice or to conceal patterns of legal suppression. There was a new Constitution but only a 'scissor and paste' cosmopolitan jurisprudence to interpret it. Mature legal research has largely been produced under the support of endowment lectures, of which the most celebrated are the Tagore Law Lectures, begun in the latter part of the 19th century. As new law schools were established throughout the country, there were new possibilities for research. The least productive area of research was the codified part of private and commercial law. Personal law produced some research as it interacted with the framework of the Hindu Code. The codification of Indian law in the 19th century created a tribe of digest and practitioner textbook writers. The textbook writers included well-known names like Pollock, Mulla (later in the Privy Council), Hari Singh Gaur and Ameer Ali. These classics, reflecting an Indian 'black letter' law tradition, continue to be edited by eminent judges and practicing lawyers. Legal scholars and lawyers were always interested in legal reform and development and adaption of law in accordance with the changing needs of society. This paper focuses on how legal research has been evolved in the society and its effects in the development of legal system.

Paul Chynoweth

The chapter discusses the epistemological and methodological aspects of legal research undertaken within the built environment, as well as the cultural aspects that distinguish it from other research within the field. At an epistemological level it describes the defining characteristic of most academic legal research as a normative process of doctrinal analysis and demonstrates how this places it within the humanities tradition, with corresponding methodologies and cultural norms. The absence of an explicit methodology within legal research, as the term is commonly understood by the sciences, is explained in these terms. It is noted that this has traditionally caused communication difficulties between legal researchers and their colleagues in other built environment subject disciplines. The chapter therefore explores the various forms of legal reasoning which are undertaken by legal researchers with a view to making explicit the various implicit methodologies which are employed at a subconscious level. It concludes with some recommendations for increasing the quality of communication, and the level of understanding between legal scholars and scholars working in other disciplines within the field. BASED IN INDIA? Please contact me for further discussions about the content of the above paper at [email protected].

Dr. Jennifer L Schulz

Okuma Nwachukwu

Legal Research Methodology: Guide to Scientific Approach for Nigerian Law Institutions" was developed to fill the perceived methodology gaps I encountered during the process of writing my LL.B project. This book offers an exhaustive assessment of the scientific and methodological aspects of legal research, underscoring its significance to contemporary legal investigators. The book examines all aspects of legal writing and is designed to be a hands-on guide for law researchers at different academic stages, including LL.B, LL.M (Masters), PhD, and those writing for journals and conferences. It primarily aims to illuminate the scientific aspects of legal research, facilitating their application to scholarly inquiries, and rendering legal research more systematic, universally acceptable, and enduring.

E. Joan Blum

Massachusetts Legal Research is a concise guide to researching Massachusetts law and to the general process of legal research. Its intended audience includes law students as well as practitioners and paralegals. Extensive treatment of the research process—with Massachusetts and federal examples—makes this book suitable as a stand-alone text for an introductory legal research course. Chapters discussing how to locate and use specific Massachusetts sources make this book a useful quick reference guide for the Massachusetts lawyer or paralegal.

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ChatGPT Goes to Law School

71 Journal of Legal Education 387 (2022)

16 Pages Posted: 25 Jan 2023 Last revised: 20 Oct 2023

Jonathan H. Choi

University of Southern California; University of Southern California Gould School of Law

Kristin E. Hickman

University of Minnesota - Twin Cities - School of Law

Amy Monahan

University of Minnesota Law School

Daniel Schwarcz

Date Written: January 23, 2023

How well can AI models write law school exams without human assistance? To find out, we used the widely publicized AI model ChatGPT to generate answers on four real exams at the University of Minnesota Law School. We then blindly graded these exams as part of our regular grading processes for each class. Over 95 multiple choice questions and 12 essay questions, ChatGPT performed on average at the level of a C+ student, achieving a low but passing grade in all four courses. After detailing these results, we discuss their implications for legal education and lawyering. We also provide example prompts and advice on how ChatGPT can assist with legal writing.

Keywords: ChatGPT, law school, AI, natural language processing, Legal Data, NLP, Legal NLP, Legal Analytics, natural language understanding, evaluation, machine learning, artificial intelligence, artificial intelligence and law

Suggested Citation: Suggested Citation

Jonathan H. Choi (Contact Author)

University of southern california ( email ).

2250 Alcazar Street Los Angeles, CA 90089 United States

University of Southern California Gould School of Law ( email )

699 Exposition Blvd. Los Angeles, CA 90089 United States

University of Minnesota - Twin Cities - School of Law ( email )

229 19th Avenue South Minneapolis, MN 55455 United States 612-624-2915 (Phone)

University of Minnesota Law School ( email )

229 19th Avenue South Minneapolis, MN 55455 United States

HOME PAGE: http://www.law.umn.edu/profiles/daniel-schwarcz

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WMA Declaration of Helsinki – Ethical Principles for Medical Research Involving Human Subjects

Adopted by the 18 th WMA General Assembly, Helsinki, Finland, June 1964 and amended by the: 29 th WMA General Assembly, Tokyo, Japan, October 1975 35 th WMA General Assembly, Venice, Italy, October 1983 41 st WMA General Assembly, Hong Kong, September 1989 48 th WMA General Assembly, Somerset West, Republic of South Africa, October 1996 52 nd WMA General Assembly, Edinburgh, Scotland, October 2000 53 rd WMA General Assembly, Washington DC, USA, October 2002 (Note of Clarification added) 55 th WMA General Assembly, Tokyo, Japan, October 2004 (Note of Clarification added) 59 th WMA General Assembly, Seoul, Republic of Korea, October 2008 64 th WMA General Assembly, Fortaleza, Brazil, October 2013

1.         The World Medical Association (WMA) has developed the Declaration of Helsinki as a statement of ethical principles for medical research involving human subjects, including research on identifiable human material and data.

The Declaration is intended to be read as a whole and each of its constituent paragraphs should be applied with consideration of all other relevant paragraphs.

2.         Consistent with the mandate of the WMA, the Declaration is addressed primarily to physicians. The WMA encourages others who are involved in medical research involving human subjects to adopt these principles.

General Principles

3.         The Declaration of Geneva of the WMA binds the physician with the words, “The health of my patient will be my first consideration,” and the International Code of Medical Ethics declares that, “A physician shall act in the patient’s best interest when providing medical care.”

4.         It is the duty of the physician to promote and safeguard the health, well-being and rights of patients, including those who are involved in medical research. The physician’s knowledge and conscience are dedicated to the fulfilment of this duty.

5.         Medical progress is based on research that ultimately must include studies involving human subjects.

6.         The primary purpose of medical research involving human subjects is to understand the causes, development and effects of diseases and improve preventive, diagnostic and therapeutic interventions (methods, procedures and treatments). Even the best proven interventions must be evaluated continually through research for their safety, effectiveness, efficiency, accessibility and quality.

7.         Medical research is subject to ethical standards that promote and ensure respect for all human subjects and protect their health and rights.

8.         While the primary purpose of medical research is to generate new knowledge, this goal can never take precedence over the rights and interests of individual research subjects.

9.         It is the duty of physicians who are involved in medical research to protect the life, health, dignity, integrity, right to self-determination, privacy, and confidentiality of personal information of research subjects. The responsibility for the protection of research subjects must always rest with the physician or other health care professionals and never with the research subjects, even though they have given consent.

10.       Physicians must consider the ethical, legal and regulatory norms and standards for research involving human subjects in their own countries as well as applicable international norms and standards. No national or international ethical, legal or regulatory requirement should reduce or eliminate any of the protections for research subjects set forth in this Declaration.

11.       Medical research should be conducted in a manner that minimises possible harm to the environment.

12.       Medical research involving human subjects must be conducted only by individuals with the appropriate ethics and scientific education, training and qualifications. Research on patients or healthy volunteers requires the supervision of a competent and appropriately qualified physician or other health care professional.

13.       Groups that are underrepresented in medical research should be provided appropriate access to participation in research.

14.       Physicians who combine medical research with medical care should involve their patients in research only to the extent that this is justified by its potential preventive, diagnostic or therapeutic value and if the physician has good reason to believe that participation in the research study will not adversely affect the health of the patients who serve as research subjects.

15.       Appropriate compensation and treatment for subjects who are harmed as a result of participating in research must be ensured.

Risks, Burdens and Benefits

16.       In medical practice and in medical research, most interventions involve risks and burdens.

Medical research involving human subjects may only be conducted if the importance of the objective outweighs the risks and burdens to the research subjects.

17.       All medical research involving human subjects must be preceded by careful assessment of predictable risks and burdens to the individuals and groups involved in the research in comparison with foreseeable benefits to them and to other individuals or groups affected by the condition under investigation.

Measures to minimise the risks must be implemented. The risks must be continuously monitored, assessed and documented by the researcher.

18.       Physicians may not be involved in a research study involving human subjects unless they are confident that the risks have been adequately assessed and can be satisfactorily managed.

When the risks are found to outweigh the potential benefits or when there is conclusive proof of definitive outcomes, physicians must assess whether to continue, modify or immediately stop the study.

Vulnerable Groups and Individuals

19.       Some groups and individuals are particularly vulnerable and may have an increased likelihood of being wronged or of incurring additional harm.

All vulnerable groups and individuals should receive specifically considered protection.

20.       Medical research with a vulnerable group is only justified if the research is responsive to the health needs or priorities of this group and the research cannot be carried out in a non-vulnerable group. In addition, this group should stand to benefit from the knowledge, practices or interventions that result from the research.

Scientific Requirements and Research Protocols

21.       Medical research involving human subjects must conform to generally accepted scientific principles, be based on a thorough knowledge of the scientific literature, other relevant sources of information, and adequate laboratory and, as appropriate, animal experimentation. The welfare of animals used for research must be respected.

22.       The design and performance of each research study involving human subjects must be clearly described and justified in a research protocol.

The protocol should contain a statement of the ethical considerations involved and should indicate how the principles in this Declaration have been addressed. The protocol should include information regarding funding, sponsors, institutional affiliations, potential conflicts of interest, incentives for subjects and information regarding provisions for treating and/or compensating subjects who are harmed as a consequence of participation in the research study.

In clinical trials, the protocol must also describe appropriate arrangements for post-trial provisions.

Research Ethics Committees

23.       The research protocol must be submitted for consideration, comment, guidance and approval to the concerned research ethics committee before the study begins. This committee must be transparent in its functioning, must be independent of the researcher, the sponsor and any other undue influence and must be duly qualified. It must take into consideration the laws and regulations of the country or countries in which the research is to be performed as well as applicable international norms and standards but these must not be allowed to reduce or eliminate any of the protections for research subjects set forth in this Declaration.

The committee must have the right to monitor ongoing studies. The researcher must provide monitoring information to the committee, especially information about any serious adverse events. No amendment to the protocol may be made without consideration and approval by the committee. After the end of the study, the researchers must submit a final report to the committee containing a summary of the study’s findings and conclusions.

Privacy and C onfidentiality

24.       Every precaution must be taken to protect the privacy of research subjects and the confidentiality of their personal information.

Informed Consent

25.       Participation by individuals capable of giving informed consent as subjects in medical research must be voluntary. Although it may be appropriate to consult family members or community leaders, no individual capable of giving informed consent may be enrolled in a research study unless he or she freely agrees.

26.       In medical research involving human subjects capable of giving informed consent, each potential subject must be adequately informed of the aims, methods, sources of funding, any possible conflicts of interest, institutional affiliations of the researcher, the anticipated benefits and potential risks of the study and the discomfort it may entail, post-study provisions and any other relevant aspects of the study. The potential subject must be informed of the right to refuse to participate in the study or to withdraw consent to participate at any time without reprisal. Special attention should be given to the specific information needs of individual potential subjects as well as to the methods used to deliver the information.

After ensuring that the potential subject has understood the information, the physician or another appropriately qualified individual must then seek the potential subject’s freely-given informed consent, preferably in writing. If the consent cannot be expressed in writing, the non-written consent must be formally documented and witnessed.

All medical research subjects should be given the option of being informed about the general outcome and results of the study.

27.       When seeking informed consent for participation in a research study the physician must be particularly cautious if the potential subject is in a dependent relationship with the physician or may consent under duress. In such situations the informed consent must be sought by an appropriately qualified individual who is completely independent of this relationship.

28.       For a potential research subject who is incapable of giving informed consent, the physician must seek informed consent from the legally authorised representative. These individuals must not be included in a research study that has no likelihood of benefit for them unless it is intended to promote the health of the group represented by the potential subject, the research cannot instead be performed with persons capable of providing informed consent, and the research entails only minimal risk and minimal burden.

29.       When a potential research subject who is deemed incapable of giving informed consent is able to give assent to decisions about participation in research, the physician must seek that assent in addition to the consent of the legally authorised representative. The potential subject’s dissent should be respected.

30.       Research involving subjects who are physically or mentally incapable of giving consent, for example, unconscious patients, may be done only if the physical or mental condition that prevents giving informed consent is a necessary characteristic of the research  group. In such circumstances the physician must seek informed consent from the legally authorised representative. If no such representative is available and if the research cannot be delayed, the study may proceed without informed consent provided that the specific reasons for involving subjects with a condition that renders them unable to give informed consent have been stated in the research protocol and the study has been approved by a research ethics committee. Consent to remain in the research must be obtained as soon as possible from the subject or a legally authorised representative.

31.       The physician must fully inform the patient which aspects of their care are related to the research. The refusal of a patient to participate in a study or the patient’s decision to withdraw from the study must never adversely affect the patient-physician relationship.

32.       For medical research using identifiable human material or data, such as research on material or data contained in biobanks or similar repositories, physicians must seek informed consent for its collection, storage and/or reuse. There may be exceptional situations where consent would be impossible or impracticable to obtain for such research. In such situations the research may be done only after consideration and approval of a research ethics committee.

Use of Placebo

33.       The benefits, risks, burdens and effectiveness of a new intervention must be tested against those of the best proven intervention(s), except in the following circumstances:

Where no proven intervention exists, the use of placebo, or no intervention, is acceptable; or

Where for compelling and scientifically sound methodological reasons the use of any intervention less effective than the best proven one, the use of placebo, or no intervention is necessary to determine the efficacy or safety of an intervention

and the patients who receive any intervention less effective than the best proven one, placebo, or no intervention will not be subject to additional risks of serious or irreversible harm as a result of not receiving the best proven intervention.

Extreme care must be taken to avoid abuse of this option.

Post-Trial Provisions

34.       In advance of a clinical trial, sponsors, researchers and host country governments should make provisions for post-trial access for all participants who still need an intervention identified as beneficial in the trial. This information must also be disclosed to participants during the informed consent process.

Research Registration and Publication and Dissemination of Results

35.       Every research study involving human subjects must be registered in a publicly accessible database before recruitment of the first subject.

36.       Researchers, authors, sponsors, editors and publishers all have ethical obligations with regard to the publication and dissemination of the results of research. Researchers have a duty to make publicly available the results of their research on human subjects and are accountable for the completeness and accuracy of their reports. All parties should adhere to accepted guidelines for ethical reporting. Negative and inconclusive as well as positive results must be published or otherwise made publicly available. Sources of funding, institutional affiliations and conflicts of interest must be declared in the publication. Reports of research not in accordance with the principles of this Declaration should not be accepted for publication.

Unproven Interventions in Clinical Practice

37.       In the treatment of an individual patient, where proven interventions do not exist or other known interventions have been ineffective, the physician, after seeking expert advice, with informed consent from the patient or a legally authorised representative, may use an unproven intervention if in the physician’s judgement it offers hope of saving life, re-establishing health or alleviating suffering. This intervention should subsequently be made the object of research, designed to evaluate its safety and efficacy. In all cases, new information must be recorded and, where appropriate, made publicly available.

Policy Types

Archived versions.

• » DoH-Jun1964
• » DoH-Oct1975
• » DoH-Oct1983
• » DoH-Sept1989
• » DoH-Oct1996
• » DoH-Oct2000
• » DoH-Oct2004
• » DoH-Oct2008

Related WMA Policies

Wma declaration of venice on end of life medical care, wma international code of medical ethics.