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Secondary Materials - Publications Which Are Not Primary Authority But Discuss/analyze 3. Finding Tools

Legal research is the process of finding laws, rules, and regulations that govern activities. It is necessary for lawyers to provide competent legal representation. Sources of legal research include printed sources like constitutions, statutes, court decisions and administrative rules, as well as electronic sources. There are three broad categories of legal literature: primary sources which are laws and rules enforced by the state, secondary materials which discuss and analyze legal doctrine, and finding tools which help locate primary sources. The systematic approach to legal research involves identifying facts, formulating legal issues, researching issues through primary and secondary sources, and updating research.

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93 views2 pages

Secondary Materials - Publications Which Are Not Primary Authority But Discuss/analyze 3. Finding Tools

Legal research is the process of finding laws, rules, and regulations that govern activities. It is necessary for lawyers to provide competent legal representation. Sources of legal research include printed sources like constitutions, statutes, court decisions and administrative rules, as well as electronic sources. There are three broad categories of legal literature: primary sources which are laws and rules enforced by the state, secondary materials which discuss and analyze legal doctrine, and finding tools which help locate primary sources. The systematic approach to legal research involves identifying facts, formulating legal issues, researching issues through primary and secondary sources, and updating research.

Uploaded by

Sam Alberca
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Legal Research process of finding the laws, rules and regulations that govern activities in

human society.

Necessity of Legal Research:


A lawyer must be able to research the law to provide competent representation.

Sources of Legal Research:


1. Printed Sources
a. Constitution
b. Statues
c. Court Decisions
d. Administrative Rules
e. Scholarly Commentaries
2. Electronic Sources

Three Broad Categories of Legal Literature:


1. Primary Sources recorded laws and rules which will be enforced by the State.
a. First major primary source products of legislative actions, codes and statutes
b. Second major primary source judicial decisions
c. Third major primary source administrative law or the regulations and decisions
of government agencies
2. Secondary Materials - publications which are not primary authority but discuss/analyze
legal doctrine (e.g. treatises, commentaries and encyclopedia).
3. Finding tools means for locating primary sources (e.g. digests, annotations, SCRA
Quick Index-Digest, PHILJURIS and LEX LIBRIS)

Systematic Approach to Legal Research


1. Identify and analyze the significant facts identify and analyze the facts surrounding the
particular problem; begins with compiling a descriptive statement of legally significant
facts.
TARP Rule:
T Thing or subject matter (e.g. contract)
A Cause of action or group of defense (e.g. breach of contract)
R Relief sought (e.g. civil action for the damages to answer for the injury
caused by the breach of contract/ action for specific performance to compel the
other party to perform a specific act as mandated in the contract)
P Persons or parties involved (e.g. lessor or lessee; individual or group)
2. Formulate Legal Issues to be Researched initial intellectual activity that presumes
some knowledge of the substantive law; classify/categorize the problem into general and
increasingly specific subject areas. Consult general secondary sources for an overview
of all relevant subject areas (e.g. textbooks or treatises on obligations and contracts)
3. Research the Issues Presented
a. Organize and Plan write down all sources to be searched under each issue to
be researched, even if sources are repeated.
b. Identify, Read, and Update All Relevant Constitutional Provisions, Statutes,
and Administrative Regulations these are primary sources.
i. Statutory Compilations
ii. Computer-Assisted Legal Research
c. Identify, Read, and Update All Relevant Case Law refers to the case law
that has interpreted and applied those forms of enacted law, as well as other
case law.
d. Refine the search go to the secondary sources to refine the search and
expand your argument.
4. Update consult Philjuris or Lex Libris to determine whether new cases, statutes or
regulations have been published.

CASE BRIEFING
- A digest or a condensation of a reported case.

Components of a case brief case:


1. Facts describe the events between the parties leading to the litigation and tell how the
case came before the court that is now deciding it.
2. Issue the question that the court must decide to resolve the dispute between the
parties in the case before it.
3. Ruling the courts decision on the question that is actually before it.

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