Legal Research In The United States
"Legal research is the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation."
This article focuses on the process of finding legal documents issued by courts, legislatures and other government entities in the United States. Finding legal information in the United States can be challenging. Many lawyers use electronic databases such as LexisNexis or Westlaw to access legal information. However, these resources may not be accessible to all. Special focus is given in this article to finding free legal materials on the Internet. As this article discusses a process, it is somewhat informal in tone.
The next section of this article provides necessary background for understanding the process of legal research. Concepts such as law, legal authority and jurisdiction are taught to law students during their first year in Law School. The process of legal research is then discussed, followed by discussion of the primary sources of law (cases, statutes, and regulations).
Read more about Legal Research In The United States: The Process of Legal Research, Judicial Branch Sources (Cases), Legislative Branch Sources (Statutes), Executive Branch Sources (Regulations), Secondary Sources, Citing To Legal Documents, Getting Help
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“You may consider me presumptuous, gentlemen, but I claim to be a citizen of the United States, with all the qualifications of a voter. I can read the Constitution, I am possessed of two hundred and fifty dollars, and the last time I looked in the old family Bible I found I was over twenty-one years of age.”
—Elizabeth Cady Stanton (1816–1902)
“We should stop looking to law to provide the final answer.... Law cannot save us from ourselves.... We have to go out and try to accomplish our goals and resolve disagreements by doing what we think is right. That energy and resourcefulness, not millions of legal cubicles, is what was great about America. Let judgment and personal conviction be important again.”
—Philip K. Howard, U.S. lawyer. The Death of Common Sense: How Law Is Suffocating America, pp. 186-87, Random House (1994)
“The research on gender and morality shows that women and men looked at the world through very different moral frameworks. Men tend to think in terms of “justice” or absolute “right and wrong,” while women define morality through the filter of how relationships will be affected. Given these basic differences, why would men and women suddenly agree about disciplining children?”
—Ron Taffel (20th century)
“It was evident that, both on account of the feudal system and the aristocratic government, a private man was not worth so much in Canada as in the United States; and, if your wealth in any measure consists in manliness, in originality and independence, you had better stay here. How could a peaceable, freethinking man live neighbor to the Forty-ninth Regiment? A New-Englander would naturally be a bad citizen, probably a rebel, there,—certainly if he were already a rebel at home.”
—Henry David Thoreau (1817–1862)
“If the Soviet Union can give up the Brezhnev Doctrine for the Sinatra Doctrine, the United States can give up the James Monroe Doctrine for the Marilyn Monroe Doctrine: Let’s all go to bed wearing the perfume we like best.”
—Carlos Fuentes (b. 1928)