Legal Definitions - legal research

Legal research is the systematic process of identifying, analyzing, and interpreting laws, regulations, court decisions, and other legal materials to find answers to specific legal questions or to support a legal argument. It involves searching for two main types of information:

• Primary authorities are the actual, binding rules of law created by government bodies, such as statutes passed by legislatures, regulations issued by administrative agencies, and decisions made by courts.
• Secondary authorities are expert commentaries and analyses of the law, like articles in legal journals or legal encyclopedias. While not binding themselves, they help explain, interpret, and provide context for the primary authorities.

The ultimate goal of legal research is to understand how the law applies to a particular situation, predict potential outcomes, or inform legal strategy.

Here are a few examples of legal research in action:

• Example 1: A small business owner considering a new marketing campaign.

  A local bakery owner wants to launch a new promotional campaign involving a sweepstakes. Before advertising, they conduct legal research to understand the specific state and federal laws governing contests, lotteries, and consumer protection. They might look up relevant statutes (primary authority) regarding sweepstakes rules, and then consult a legal treatise or article (secondary authority) explaining how those laws are typically interpreted and applied to small businesses. This research helps them design a compliant campaign and avoid potential legal penalties.

• Example 2: An individual disputing a landlord's eviction notice.

  A tenant receives an eviction notice and believes it is unfair or illegal. They perform legal research to understand their rights and the landlord's obligations under local tenant-landlord laws. This would involve finding their state's residential tenancy act (a primary authority, specifically a statute) and potentially looking for court cases (another primary authority) that have interpreted similar provisions. They might also consult a legal aid website or a general legal guide (secondary authority) to understand the typical eviction process and common defenses. This research empowers them to challenge the notice effectively.

• Example 3: A non-profit organization advocating for policy change.

  An environmental advocacy group is pushing for stricter regulations on industrial waste disposal in their state. To build a strong case, they conduct extensive legal research. They examine existing state and federal environmental protection statutes and regulations (primary authorities), analyze court decisions related to environmental enforcement, and study legal scholarship (secondary authorities) discussing the effectiveness of current laws and proposals for reform. This research provides the factual and legal basis for their advocacy efforts, demonstrating the need for and potential impact of their proposed policy changes.