Legal Research Flashcards

What is the primary purpose of legal research?

Answer: To gather relevant legal information to support a case

The primary purpose of legal research is to systematically gather and analyze relevant legal information, including statutes, case law, and regulations, that directly pertains to a client's case or legal issue. This comprehensive understanding allows a solicitor to formulate sound legal arguments, provide accurate advice, and effectively represent their client's interests. It is a foundational step for any legal work, ensuring decisions are well-informed and legally sound.

What is a primary source in legal research?

Answer: A statute or a court decision

Primary sources in legal research are the authoritative statements of law itself, representing the actual legal rules that courts apply. These include statutes (laws passed by legislative bodies), regulations (rules issued by administrative agencies), and court decisions (judicial opinions that interpret the law and set precedents). Unlike secondary sources, which analyze or comment on the law, primary sources are the binding legal authorities.

Which tool is commonly used for online legal research?

Answer: LexisNexis

LexisNexis is one of the leading professional online legal research platforms, widely used by solicitors, law firms, and legal professionals. It provides comprehensive access to primary legal sources (like statutes and case law), secondary sources, news, and other legal information. Its specialized tools and extensive databases make it an essential and reliable resource for in-depth legal research, far more comprehensive than general search engines.

How should a solicitor verify the authority of a legal case?

Answer: By checking its citation history and current standing in legal databases

To verify the authority of a legal case, a solicitor must check its citation history and current standing using specialized legal databases like LexisNexis or Westlaw. This process, often called 'shepardizing' or 'keyciting,' reveals if the case has been affirmed, reversed, overruled, or distinguished by subsequent courts. This critical step ensures that the case remains good law and is still binding precedent, preventing reliance on outdated or overturned legal authority.

What is the significance of secondary sources in legal research?

Answer: They offer expert analysis and commentary on the law

Secondary sources in legal research, such as law review articles, treatises, and legal encyclopedias, provide expert analysis, commentary, and summaries of primary law. While not binding authority themselves, they are invaluable for understanding complex legal concepts, identifying relevant primary sources, and gaining different perspectives on legal issues. They help researchers grasp the context and implications of the law, guiding them to the most pertinent primary authorities.