Legal Research: Steps to Follow Printer-friendly version Contents * Introduction * Step 1: Gather and Understand the Facts of Your Case * Step 2: Determine Your Legal Problem and Your Desired Outcome * Step 3: Finding Legal Information and Reading About the Law * Step 4: Legal Analysis/Legal Writing and beyond * Conclusion Texas Legal Services Center Introduction Legal research is a process. This guide gives you a general overview of the process of conducting your own Legal research. Legal research and analysis is the process thatStep 1: Gather and Understand the Facts of Your Case The first step in legal research is to write a statement of facts. Do this to help gain a complete understanding of everything that has happened, or is happening, in your case. Sit down and write out everything that has happened so far, and everything that is currently going on. Do include facts you consider unimportant. Sometimes facts that seem unimportant can make a big difference in the court process. Revise it to make sure is accurate and reflects the facts of your case. Make sure to include dates when each incident took place. Use those dates and your statement of facts to make a case timeline as well. On the case timeline, list dates from the time your problems started until the present day, along with the events that occurred on those dates. This easy visual reference will help you keep important dates in your case straight as you go through the legal research process. Back to topStep 2: Determine Your Legal Problem and Your Desired Outcome The second step is to get an idea of the legal problem you are facing, and what your ideal outcome at the end of the legal process would be. Simply figuring out where to start your legal research can often be a very hard part of the process. It may help to sit down and write down the issues you are facing, along with your ideal outcome. Also think about what a good compromise could be. The legal issue you are facing will guide what type of law you research. For example, if you are currently a noncustodial parent under to a co! r—but would like to become the c parent—that means you may be seeking to modify the prior court order. Here, you have a f law issue involving modification. Thus, your legal research would be focused on family law and modification. Back to top Step 3: Finding Legal Information andStep 3: Finding Legal Information and General Legal Information Texas Law Help (Online) TexasLawHelp.org includes a variety of summaries, articles, self-help forms, information sheets and external links to information about many legal topics. These articles and forms are written by licensed attorneys. These topics are arranged by area of law and include, but are not limited to: e Families and Kids » Domestic Violence or Abuse ¢ Consumer Protection and Debt Relief e Health Law TexasLawHelp’s mission is to provide free and reliable legal information to lower income Texans. The information on TexasLawHelp can give you a general idea about the law before starting more intensive legal research. This information can also help you figure out where to start your legal research. Finding Specific Legal Information Treatises, handbooks, and practice guides are commonly referred to as secondary resources. Secondary resources are a goodlegal information. They summarize the current state of the law, and tell you what specific cases and statutes are important. This is where attorneys commonly start their legal research. After Looking through the appropriate secondary resources, Look through the case by the secondary resources to do further legal research. Before applying the law to your case, you will need to have a general understanding of the law relevant to your case, and that knowledge must be up-to-date. In the next section, we will give you an idea of the places to find specific legal information, both online and offline. Online Texas State Law Library: Accessing their electronic databases online—for free! A selection of the Texas State Law Library's databases and e-books can be accessed online as long as you have a Texas State Law Library card, number, and password. If you gra 9 Tavac racidqant vnit can raenictar far aOffline: Law Libraries Law libraries are generally open to the public, with staff available to help patrons find the right kind of book to begin their research. At the law library, you can find seven basic types of books: treatises, handbooks, practice guides, statutes, case there is no law library near you, university libraries, city libraries, or county libraries may have some legal resources. Click here for a list of law libraries throughout Texas. Treatises, Handbooks, and Practice Guides Treatises, handbooks, and practice guides are commonly referred to as secondary resources. They are a good place to start your legal research, because they summarize the current state of the law, and tell you what specific cases and statutes are important. This is where attorneys commonly start their legal research as well. Treatises are books that provide summaries of the law by topic. Treatises may be easier to understand than a statute, because treatises are usually written in less formalTreatises are books that provide summaries of the law by topic. Treatises may be easier to understand than a statute, because treatises are usually written in less formal language. Both law students and practicing attorneys use treatises to understand the fundamental principles of an area of law. Click here for a list of treatises recommended by the Texas State Law Library. Handbooks are a good secondary resource to use as well. Handbooks do a good job of summarizing the law for a specific area of the law. Some handbooks such as the O'Connors series go in-depth on specific issues concerning specific areas of the law. For example, if you are researching an issue involving divorce, child support, visitation, and custody, you should look at O’Connors Texas Family Law Handbook. This book may be available at your local law library. Practice guides provide legal commentary on different areas of the law. Usually, these guides provide a shorter summary of the law than treatises. This is because practice quides are used hv attornevs who alreadvStatute Compilations Because there are so many different laws, statutes are divided by topic into a collection of books (for example, in Texas, Vernon’s Civil Statutes). Statutes are generally very complex, and may make a number of references to other laws found in other books. Be careful when reading a statute. Statutes may use language that seems common but has a specific meaning ina legal context. To understand a statute, be prepared to: 1. Read the statute three times, and then read it again out loud. 2. Make a copy of the statute and circle the words “and,” “or,” “may,” “shall,” “except,” and “excluding.” 3. Assume that every word in the statute has meaning. Keep a legal dictionary on hand. Look up any word that you do not know, or that seems out of place. 4. Note any cross-references to other statutes, sections and cases then read those statutes, sections and cases as well, using steps 1-3. You can find Texas laws online, too: See Texas Constitution and Statutes indexed by topic, and the Texas Administrative Code.Step 4: Legal Analysis/Legal Writing and beyond During legal analysis, you apply the law to the facts of your case. Once you have determined which law applies to your case, made sure it is binding and current, and have read up on it, it is time to start your legal analysis and writing. This short article cannot tell you everything you need to know about legal analysis. Indeed, attorneys take an entire series of classes on legal analysis and writing in law school. You should consider reading a book on legal analysis and writing, whether you check one out at a Local law Library, buy a low-cost e-book online, or buy one at a discount book store. Normally, attorneys will write a document known as a “legal memorandum” at this stage. A legal memorandum summarizes the facts, states the issue, applies the laws to the facts, does a counter-analysis from the other side’s perspective, and predicts what the likely outcome of a case will be. A legal memorandum is complex and tough to do on your own. Consider contacting a privateStaye. m teyat meruranuur sunnaZes ue facts, states the issue, applies the laws to the facts, does a counter-analysis from the other side’s perspective, and predicts what the likely outcome of a case will be. A Legal memorandum is complex and tough to do on your own. Consider contacting a private attorney for help, perhaps through Limited scope representation. Once done, a legal memorandum provides you with a fundamental understanding of the law of your case at a glance. Any book about legal writing and analysis should include a guide to writing a legal memorandum. To know what to do at each state of your case, contact an attorney in private practice for limited scope representation. You can also refer to practice guides, handbooks, and form books (also known as practice manuals).