writing research project and research paper in law

Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Aug 9, 2024 452 views this year
• Zotero by Daniel Becker Last Updated Sep 23, 2024 31444 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 7675 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) (Westlaw)
• American Jurisprudence (Lexis)
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 6803 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 5540 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 924 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

Additional Shepard's Resources

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• Shepard's Signal Indicators & Analysis Phrases
• Shepard's Citation Services User Guide
• Lexis+ Support and Training Additional online videos and handouts for Lexis+.

Additional KeyCite Resources

• How to Ensure I'm Citing Good Law (Westlaw Video)
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary
• Understanding Next Generation KeyCite
• How to Check the Status of a Case with KeyCite
• Westlaw Precision Support Additional videos and handouts to support your Westlaw research.

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Contact Us!

  Ask Us!  Submit a question or search our knowledge base.

Chat with us!  Chat   with a librarian (HLS only)

Email: [email protected]

 Contact Historical & Special Collections at [email protected]

  Meet with Us   Schedule an online consult with a Librarian

Hours  Library Hours

Classes  View  Training Calendar  or  Request an Insta-Class

 Text  Ask a Librarian, 617-702-2728

 Call  Reference & Research Services, 617-495-4516

This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License .

You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner. 

• Last Updated: Aug 27, 2024 5:19 PM
• URL: https://guides.library.harvard.edu/law/researchstrategy

Harvard University Digital Accessibility Policy

5 Key Steps to Writing an Effective Law Research Paper

Table of Contents

5 Key Steps to Writing an Effective Law Research Paper: Our Legal World

Writing a law research paper is much different and complex than crafting a research paper for other fields. That’s because it involves methodological research, which further requires familiarizing yourself with the current legal precedents, principles, and regulations. So, due to such complexities, students often get overwhelmed when asked to write a law research paper. And if you happen to know any such students, this blog post is for them.

Here, we’ll simplify the art of writing a persuasive research paper for law students with the help of 5 key steps. So, without prolonging this intro, let’s get to those steps.

1.    Select a Relevant and Narrow Topic

Whether you want to write a research paper for law or any other field, the first step you need to perform is to select a relevant topic. This step is paramount to writing an effective research paper because it will help you form the foundation for a compelling and well-researched paper. Therefore, the earlier you complete it, the better it will be for the overall quality of your law research paper.

But choosing a topic for a law research paper is different from selecting a topic for any other writing form. That’s because broader topics are challenging to cover. Therefore, your chosen topic should be specific and relevant to your interest. For instance, you can narrow your research for a topic to a particular point that aligns with your interest or has significance in law.

Sometimes, colleges or universities assign the research paper’s topic to students. So, if this situation represents your use case, all you need to do is pick a topic according to your interest from the assigned ones.

2.    Perform a Thorough but Methodological Research

Like other writing forms and research papers, thorough research is essential to write an effective law research paper. In fact, it’s the backbone of a research paper. Therefore, you should perform it, which is the second step in this guide.

But unlike other writing forms, the research for writing a law paper must be methodological. So, how can you conduct such research?

Well, existing literature can be a great starting point for the research phase of a law research paper. But other than that, you can use a plethora of sources, such as

• Legal databases.
• Scholarly articles.

Thus, looking for relevant data should be your priority while exploring the above-mentioned resources. But other than that, you should also familiarize yourself with the current legal precedents, principles, and regulations. Doing so will help you collect compelling evidence, arguments, and counterarguments, ultimately supporting your research paper and providing an overall comprehensive analysis.

3.    Create a Well-Thought-Out Outline

Suppose you have collected a lot of information and read all the existing written material regarding your research topic. In that case, you might crown your research paper with a lot of information and get carried away. Therefore, to cope with such a situation, we recommend creating a detailed outline, which is the third step of this guide.

Creating an outline and dividing your research paper into logical sections and subsections will help you formulate a coherent and organized structure. So, do that because this way, you can convey your ideas effectively. But remember that each section and subsection you create should relate to your research question and support your thesis.

Thus, once you’ve maintained a clear flow of ideas through the logical sections and subsections, it will ultimately improve your paper’s readability, which means readers can follow your point quickly.

4. Write in a Clear and Precise Legal Language

Documents related to law are famous for their complex and intricate language. But since a law research paper doesn’t intend to educate people having a legal background only, understanding convoluted language can be challenging for readers. And this situation is especially valid when you have to discuss arguments or concepts that are intricate and nuanced. To cater to this, we recommend writing the law research paper in clear and precise language.

Whether you are developing a solid thesis statement or writing your research paper’s introduction, body, and conclusion sections, it is essential to communicate the ideas clearly. And to do that, first of all, you must avoid using complex sentences and wording. Doing so will make your law research paper accessible to the experts and novices in the field.

But if writing content in a simple and easy-to-read manner is challenging for you, you can reword your complex content with any AI-based rephrase tool . Such tools use advanced NLP and AI technologies to paraphrase sentences and simplify their complexities in no time. This will ultimately save you time in simplifying the research paper manually and improves the overall quality of the paper as well.

5.    Don’t Forget to Revise, Edit and Polish Your Work

You’ve got the research and outline, which means, by now, you will have crafted a first draft of your research paper. And if you have, then it’s time to polish that draft by revising and editing it. But how can you do that?

Well, you can perform the following checks:

• Carefully proofread your paper and look for formatting mistakes.
• Besides formatting, don’t forget to check for grammar, punctuation, or spelling errors. But if you need any assistance, we recommend using an AI writing assistant.
• Your research paper will have a plethora of arguments. So, make sure that every one of them flows logically and cohesively throughout your research paper. And also, analyze whether you’ve supported every idea with relevant details.
• The first draft often contains repetitions of ideas. Therefore, you must trim them to polish your work.
• Perform a check for plagiarism on the content of your research paper.
• Remember to cite every source you’ve assisted in formulating your research paper’s data.
• Remember to use the same citation style throughout the research paper.

Thus, by implementing these tips, you can easily polish your research paper and prepare it for the final submission.

Writing a law research paper requires dedication, meticulous research, and thoughtful organization. However, with the proper guideline, you can enhance your chances of producing a compelling and impactful paper.

So, remember to choose a relevant and focused topic, conduct thorough research, structure your paper effectively, and meticulously revise and edit your work. Thus, with practice and persistence, you can master the art of writing an outstanding law research paper that engages readers and contributes to the legal discourse.

Related Posts

How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

Related insights

Westlaw tip of the week: Checking cases with KeyCite

Why legislative history matters when crafting a winning argument

Case law research tools: The most useful free and paid offerings

Request a trial and experience the fastest way to find what you need

• Law of torts – Complete Reading Material
• Weekly Competition – Week 4 – September 2019
• Weekly Competition – Week 1 October 2019
• Weekly Competition – Week 2 – October 2019
• Weekly Competition – Week 3 – October 2019
• Weekly Competition – Week 4 – October 2019
• Weekly Competition – Week 5 October 2019
• Weekly Competition – Week 1 – November 2019
• Weekly Competition – Week 2 – November 2019
• Weekly Competition – Week 3 – November 2019
• Weekly Competition – Week 4 – November 2019
• Weekly Competition – Week 1 – December 2019
• Sign in / Join

• Guest Posts

A step-by-step guide to writing a Research Paper

The article is written by Bodhisattwa Majumder , from MNLU, Mumbai.

DISCLAIMER : I am not a professional. I am a penultimate year student who takes genuine interest to learn and help others. Every word of this article is based upon my personal experience, and expert advice which I have gained from the Internet, and certain kind individuals whom I have interacted with in my internships, college and LinkedIn. This article is for beginners, who think they have no clue about legal writing.

Table of Contents

Select a topic first, Not the publisher

Yes. Select a topic first. Don’t choose the end first, basing your research topic on a “Call for Paper” would be limiting yourself to their demand, rather than flexing your passion and comfort. Trust me, you will have a lot of journal choices for any type of law you choose.

Take caution! Don’t try to convert your Moot Court Memorials or other assignments into research papers! I have often come across several law students trying to convert their memorials or academic projects into research papers for publications (often sinned that myself too), However, what I have found is, that it is a great setback for budding authors. You might feel that given that as you have already researched that field you have better chances and you will be able to publish easily. Firstly , the topics for the moot research are often not what the publishers or readers want. Secondly , already having worked in a lackadaisical way (projects in my case) brings in boredom and lack of interest and as a result, you are in a hurry to get it done with. After that, the result is a half-hearted submission which has higher chances of rejection. DONT DO THIS. Star afresh. Look for burning issues that align your passion. Research on the requirements of the publishing houses. Consult your professors about the grey areas. Trust me it’ll be much better.

Characteristic of a topic?

The topic should be URI . Unsettled, Relevant and Interesting. All these components are very important and I will tell you why.

Firstly, if it is an already settled topic, then you won’t be able to give any original thought. You would be simply compiling the stuff. You don’t want to do that.

Secondly, if it is 20 years old, nobody cares about it. The recruiters will spot your topic only if it helps them in their practice.

Thirdly, even if it’s a burning issue and unsettled, you will lose interest if its bland and does not match your passion. Take a topic which makes you think.

But, how to find a relevant topic?

It is the most difficult and tenuous process to publish a paper. It has no specific way but I have found the following steps helpful:

• Follow market leaders. Partners, Associates, Firms on LinkedIn. They regularly post the latest issues which they face in practice.
• Follow legal news. Livelaw, Bar&Bench amongst a few.
• Subscribe to Law journals. (might cost a buck)
• Set up Google Alerts on certain keywords.

This will take at least a few weeks. It’s a very boring process but once you get hooked on you will enjoy it.

Research: Where to study from?

You have to develop a knowledge base. This has to be done stepwise.

• Preliminary Knowledge: All the articles you can find on this online through Google Searches, they might sound quirky and local but read what they want to say. Trust me although they are not authentic, but they can be surprisingly precise at times. Very easy to read, so you will not sleep while reading it. This will help you get the basics and set an argument in motion.
• Detailed Reading I:  Books. Commentaries from known publishers such as EBC, LexisNexis, Sweet and Maxwell, Bloomsbury etc. They help understand the nitty-gritty of the subject and also understand the evolution of the law. BUT, be aware they are not often updated and latest case laws might be missing. This will help you frame a tentative argument.
• Detailed Reading II: Journals. Bring in the Big Guns. Manupatra, SCC, HeinOnline, West law et al. You will get the most recent, most updates and most authentic information. This will help you substantiate your arguments and provide the authorities. BEWARE, these are often very complex and might make you sleep. Kick the passion!

Drafting: I have an idea, but can’t frame it!

No one can help you here. You have to put in your twelve years of slavery to practice. Some tips on writing:

• Don’t schedule writing AFTER Research. Write simultaneously. Only when you sit down to write, you will know what you NEED.
• Be precise and simple. No need to throw in jargons.
• Don’t copy as it is. Learn to paraphrase on your mind. Read a sentence, close your eyes and type without looking again. You have the inbuilt power of paraphrasing.
• Try to follow a direction. Make a flow chart if needed. Guide the reader. 
• There should be a connection and straight flow between the sections.
• CITATIONS: Go to a reputed journal which follows your required citation style, look up in old volumes how they have done it. It’s the easiest way out. Googling never helps here.

Where to send the manuscript?

The second-most difficult job. Finding the appropriate journal. A balance between reputation and success rate is to be ensured. If you are reading this article, most probably too reputed will disappoint you and too bad will be a disappointment after all this hard work.

What to look while searching for a journal?

• Genesis:  Year of the first publication, the older it is, the better.
• Frequency (yearly, monthly, annually) : The more the merrier (higher probability).
• Brands associated with it. Either in the form of reviewer, sponsor, editor, publisher. (Always go for an NLU Journal)
• Region:  If it’s a foreign journal, no matter how shitty it is, it will impress the recruiters. 
• Outreach:  Very difficult to find, but usually google help.
• Nature:  If it’s a paid subscription-based, it’s probably good. But not the other way around.

How to find a journal?

• Google: Search with the following keywords. “_____Law + Journal + Submission + Call”, Set advanced search and list by recent.
• Call for papers: Lawoctopus, LawLex etc. Check the ads. But beware, a lot of competition here.
• Follow the heard: Check where your friends or seniors have published before. Ask them.
• Connections: If you have them, you don’t need this article.

Sending process

• INSTALL “mailtrack” already. You need to know whether anyone is reading your emails.
• Always use institutional mail ids for these things. Good impression. Don’t keep any other emails apart from professional mails here. If you MISS it, you will regret for weeks.
• Follow up every 7 days . It is a long process, often takes more than months. Be patient, don’t irritate the editor.
• Make an attractive cover letter. Have a professional DP. Place a detailed signature. I will provide mine:

Relax, and wait for “the mail”. All the best.

Frequently asked Questions

• What do you think is the better route? Writing elaborate papers for journals or writing articles for these online blogs?

You have to do both. Blogs display that you’re up to date and most people read blogs they don’t have time for elaborate papers. But papers look good on CV and displays that you have in-depth knowledge.

• So how many papers one should right?

No watertight answer for this. Based on your capacity. I set a goal of 1 Paper and 2 blogs in two months.

• Any idea what these recruiting firms want to see on your profile?

Based on interviews which I’ve given, they want to see two things:

• Passion: The branch which you are joining, you have some interest on that and you’re just not there for the bucks.
• How to prove you’ve passion? Publications. You’ve applied your mind and you’ve kept in touch with the market
• Who should we ask for guidance?

Different people serve different objects:

• For Topics: Professionals, Teachers.
• For Drafting/where to send: Peers, Seniors.
• Is Co-authorship a good choice?

They are luggage or pullers. Either they will slow you down due to their lack of knowledge or they will move so fast you won’t contribute much. Be clever, go for co-authorship only when the other person knows a person who knows another person . Guaranteed publication, that’s what makes a perfect co-author.

That’s all folks!

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA

Follow us on  Instagram  and subscribe to our  YouTube  channel for more amazing legal content.

RELATED ARTICLES MORE FROM AUTHOR

Essentials of valid marriage under muslim law, krishna kumar singh vs. state of bihar (2017), selvi v. state of karnataka (2010) : case analysis.

Thanks a lot !

Thank you so much! This helped me a lot. I literally had no clue what to begin with. Now atleast I can think about writing.

LEAVE A REPLY Cancel reply

Save my name, email, and website in this browser for the next time I comment.

How to Become an Insolvency Professional: Enter the Glamorous World of Corporate Restructuring, Management and Deal-Making

Register now

Thank you for registering with us, you made the right choice.

Congratulations! You have successfully registered for the webinar. See you there.

Directed Research Projects

Select a research topic, working with a faculty advisor and the library, design flaws to avoid, glossary of common legal research terms.

• Preparing to Research
• The Research Process
• The Writing Process
• Checking your Sources
• Getting it Published

One of the most important yet challenging aspects of a directed research project forming an appropriate research question or topic. Your research process will be much easier if you have a well-defined, manageable research topic. If you need help finding a research question, you can start by:

• Examining legal developments
• Searching for a novel case or a legal issue where courts have split on their interpretation of the law
• Browsing recent scholarly publications
• Mining topic ideas, including calls for papers and writing competitions
• Talking to people--especially faculty members and/or your faculty advisor
• Keeping up-to-date with current affairs, e.g. news items can generate topic ideas

Petition process:

• A student may petition for "Directed Research: Curricular Development" when they have a project that involves assisting a Law School faculty member in developing concepts or materials for new and innovative law school courses.
• Both the supervising faculty member and the Associate Dean for Curriculum must approve petition for "Directed Research: Curricular Development."
• Students must meet with the instructor frequently for the purposes of report and guidance.
• Unit credit is by arrangement. Keep in mind that with the approval of the instructor, successful completion of a directed research project of two units or more may satisfy the JD writing requirement to the extent of one research writing course (R course).
• Directed Research petitions are available on the Law School Registrar's Office website (see Forms and Petitions). 

Connecting with a faculty member for directed research projects: 

• Sometimes, a faculty member will reach out directly to students and/or a group of students to gauge interest in a directed research project. Before committing yourself to the project, ask questions to get a better feel for the project subject and scope. Make sure you are interested in the topic before committing to move forward. 
• You can meet with faculty after class or during office hours to discuss potential directed research projects that interest you. Make sure your proposed research idea/project matches with the faculty member's area of expertise. Do have an idea about your proposed research topic and be sure you have done at least a cursory look at what has already been published.
• If you aren't sure about a topic but would still like to work on a directed research project, consider talking with faculty members about what research interests the faculty has. Also consider topics you've enjoyed in various courses and/or faculty members you like working with.
• Be mindful that in addition to teaching courses, doing their own research, and mentoring students, faculty members do a variety of work for the law school. They may already have students that they are doing directed research with and/or additional time commitments, so they may decline to serve as your faculty supervisor.
• It is helpful to have had a course with the professor before (or to be in class with them currently) and for them to at least be able to recognize you as a familiar face.

Before approaching a faculty member with an idea or ideas regarding directed research, it is advisable for you to come talk to the library first. 

Connecting with the library for directed research projects: 

• You are encouraged to work with the library at all stages of your directed research project, even before you've met and confirmed the project with a faculty member. Visit the library to help refine your research question, plan out research timing, and ensure you're contributing to an academic conversation. 
• Appointments are strongly encouraged for directed research projects. Students can connect with a librarian and then meet with that same librarian several times throughout your research process. Appointments can be made through the library website . 
• If you don't see an appointment time that works for you, you can either email a librarian directly to request a time that does fit into your schedule, or you can hop in the Reference Office Zoom Room . 
• Feel free to send questions related to directed research projects via email to [email protected] .

Your research plan will help establish the timeline, decision making process, and final structure for your directed research project. Taking the time to develop a thorough research plan helps to organize your thoughts, set the boundaries of your research, ensure that your findings are reliable and up to date, and allow for room to check back through your work. Therefore, it is essential to develop a research plan before beginning the legal research process.

When developing your plan, avoid these common pitfalls (listed in no particular order): 

• You're finding too much information; you're finding hundreds upon hundreds of articles/cases that are related to your topic. 
• Information you find seems broken into specific aspects of the topic.
• Your topic could be summed up in one or two words (for example, "environmental law" or "animal law")
• Rule of thumb : If entire books have been written on your subject it is too broad.  A good topic will address a specific question.
• You can't find enough information and what you do find is tangential or irrelevant.
• You find information that is so specific that it can't lead to any significant conclusions.
• Your sources cover so few ideas that you can't expand them into a significant paper.
• The research problem is so case specific that it limits opportunities to generalize or apply the results to other contexts.
• Research questions that won’t keep you interested:  If you aren't interested in a research topic at the start of your directed research, chances are your lack of interest won't change while you're digging through resources. 
• Does your research question fit into an academic conversation?  When developing a research project within the context of prior research, don't just note that a gap exists; be clear in describing how your study contributes to, or possibly challenges, existing assumptions or findings.
• Significance : Your research design must include a clear answer to the "So What?" question. Be sure you clearly articulate why your directed research is important and how it contributes to the larger discussion about the topic being investigated.
• Poorly defined research question: The starting point of most new research in the legal field is to formulate a problem statement and begin the process of developing questions that address the problem. Your paper should outline and explicitly delimit the problem and state what you intend to investigate since it will determine what your research plan will look like.

Legal dictionaries can be helpful for directed research projects because the legal definition of a term will often differ from the non-legal definition of a term. During the research process, look up terms you encounter to verify that your interpretation of the word is correct. Black's Law Dictionary is the most commonly used legal dictionary in the United States. The 11th edition (2019) is available in  Westlaw  and  in print  at the Law Library's Borrowing Services Desk. 

General Legal Research Terms (the following list is a non-exhaustive, quick reference tool for words and/or phrases that commonly show up when discussing or mapping out a directed research project):  

ALR : American Law Reports. Large, secondary research resource consisting of multi-jurisdictional, in-depth articles (called “annotations”) on specific legal topics. Available online and in print. 

ALR : Alternative meaning: At many law schools, Advanced Legal Research, or ALR, is an upper level research course.

Analogize:  To take the facts, rationale or argument of a written decision and explain how the argument relates to your case/issue.

Annotated Code : A set of state or federal statutes that contains not only the wording of the statutes, but also research references, such as cases that have interpreted the statute or articles that have examined the ramifications of a statute.

Bluebook : Officially titled,The Bluebook: A Uniform System of Citation, also known as the Harvard Bluebook. Currently in its 21st Edition, The Bluebook gives examples and states the citation rules used by lawyers and judges when writing briefs or opinions.   

Brief : A written, legal argument that conforms to specific court rules, in which a lawyer advances the merits of his or her client's case.  A brief usually includes a statement of the questions the lawyer wants the court to consider, the law the court should apply to answer those questions, and an argument that applies the law to the factual circumstances the lawyer wants the court to adopt. 

Case : A decision by a court. Also referred to as "case law" or an "opinion." Cases from a particular court or a group of courts are printed in books called reporters. Cases are also available in electronic databases.  

Circuit  - or Judicial Circuit: A Federal appellate court division. There are 13 United States Courts of Appeal, including the First through the Eleventh Circuits (based on groups of states), and the District of Columbia Circuit. 

Citation : A reference to a legal precedent or authority (primary or secondary) such as a case, statute or treatise. Case citation: The alpha numeric identifier provided to enable researchers to locate written decisions. The format usually consists of a volume number, the abbreviated reporter name, and a page or paragraph number. (e.g. 268 N.E.2d 1247).  Citations are also used to find a resource in an electronic database. Consult  The Bluebook: A Uniform System of Citation, 21st ed.  for correct citation formats. 

Citators:  A tool used in legal research to update legal authorities by listing their subsequent history and treatment. Also provide additional research references to primary and secondary resources citing your original document.

Code : A set of state or federal statutes arranged by subject matter rather than in the order the laws were passed.  Also shorthand for an administrative code, which is not a statute, but a regulation, so one must be careful to understand the difference.  

Digest : Digests are indexed, secondary sources that provide a means of finding cases by searching with subject terms, keywords and phrases, and party names, leading to case citations. Digests exist in print and online. 

District : A court division. At the federal level, trial courts are called District Courts. 

Headnote : A summary of a specific point of law taken from a published case opinion and arranged with other headnotes by subject in a digest.  The headnotes derived from a particular case opinion are set out at the beginning of the written case opinion in a reporter.  Headnotes are written by editors and are not part of the court’s decision. 

Keycite : The Westlaw citator providing the prior and subsequent history of cases, statutes, and regulations, as well as a list of other cases and publications mentioning the case or statute (citing references). Used to check the continued validity of a point of statutory or case law and to locate other similar cases. Often used as a verb.  "Did you KeyCite that?" 

Key Number System : A unique and consistent topic and number approach to locating points of law throughout any jurisdiction within the West digest and reporting system. Each point of law within a case opinion is assigned a topic and “key number” that represents a specific sub-topic. The points of law are then arranged by topic and key number within a digest, and can be researched accordingly.

Loose-Leaf : A set of explanatory materials that is updated regularly by inserting new pages within the existing pages. Some loose-leafs are updated by adding new material at the end of the set. When using this type of loose-leaf, the added material needs to be consulted as well as the text. A large percentage of Marquette’s loose-leaf material is located on the second floor of the collection. 

Opinion : A judicial decision. 

Periodical : A serial (journal, magazine) which is published at regular intervals, is numbered, contains separate articles, and has no pre-determined end date. Does not include newspapers or conference proceedings.  

Pocket Part : Supplementary material inserted into the back of a volume of code, treatise or other legal research material. The pocket part updates the contents of the volume from the date of publication to the date of the supplement. When using a print resource, make sure to check the pocket part and/or supplements for updated information, and note the currency of the update. 

Primary Source : Constitutions, statutes, administrative regulations, case law, and treaties are primary law. Primary sources ARE law. Compare to Secondary Source, below. 

Regional : As in “regional reporters.” Regional reporters publish court opinions from courts within a group of states.

Regulation : A rule of law issued by the executive branch of a government through an administrative agency. Regulations may be codified into an administrative code such as the Wisconsin Administrative Code or the U.S. Code of Federal Regulations. 

Reporter : Generic name given to volumes containing court opinions from a particular jurisdiction or opinions from one subject area. The reporters may be official or unofficial as stated by governmental authority. Reporter citations are used to identity cases in a brief or other court pleading. 

Restatements : The Restatements of Law have been published by the American Law Institute ("ALI") since the 1930s. The Restatements are summaries of law written with the goal of distilling a legal subject into precise and succinct statements. 

Secondary Source : Any source that is not the actual law, but rather is an explanation or analysis of the law. Legal encyclopedias, treatise, articles, restatements, and books are secondary sources, as are attorney general opinions. See, Primary Source, above. 

Shepardize : Verb originally meaning to check the validity of a case using Shepard’s or another citator. Occasionally used as a generic term for checking the validity of a case or statute using a method incorporating a history check and a citing references check. "Don't forget to Shepardize!"  Shepard's was the first broadly used legal citator, named after Frank Shepard, who invented the original, print citator system. 

Shepard’s : The Lexis citator that provides the prior and subsequent history of a case, statute, or regulation, and lists cases and other sources that have cited it (citing references). Used to check the continued validity of a statute or point of case law, and to locate other similar law. 

Slip Opinion : Print form of a court opinion issued soon after the announcement of the decision of the court. Slip opinions provide access to case decisions before cases are published in bound reporters. 

Statute : Generally refers to a law enacted by either by a state legislature or by Congress. A statute is sometimes referred to as a law or code section.

Supplement : A tool used to update a legal resource. Some supplements are stand-alone volumes containing new material. Other resources are supplemented by pocket parts or by newly added pages (as in a loose-leaf publication). In addition to the resource itself, its supplement(s) must be checked in order to obtain the most current information. 

Title : Can be a subject area in a state statutory or administrative code or in the United States Code, such as Criminal Law or Copyright Law, or in the Code of Federal Regulations. A part of an act as passed by Congress can also be called a title, such as Title IX of the Education Amendments of 1972. 

Treatise : Explanatory material on a subject area, such as bankruptcy or contract law. Treatises may be single volume works or multi-volumes works. 

Unannotated Code : Laws of a jurisdiction that contain only the words of the law, but no research references. 

**Credit for this glossary goes to  Eckstein Law Library .

• << Previous: Home
• Next: Preparing to Research >>
• Last Updated: May 14, 2024 4:23 PM
• URL: https://guides.law.stanford.edu/c.php?g=1255722

• Stanford Home
• Maps & Directions
• Search Stanford
• Emergency Info
• Terms of Use
• Non-Discrimination
• Accessibility

© Stanford University , Stanford , California 94305 .

Seminar Paper Research

• Topic Selection
• Preemption Checking
• Guides to Academic Legal Writing
• Interdisciplinary Research
• Evaluating Authority
• Writing the Abstract
• Problems in Constitutional Law Seminar Resources
• Food Law and Policy
• Gender and Criminal Justice Resources
• Equality and Sports

• Heather Meeker, Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers, 1996 UTAH L. REV. 917 (1996).
• Mary Beth Beazley & Linda H. Edwards, The Process and the Product: A Bibliography of Scholarship about Legal Scholarship, 49 MERCER L. REV. 741 (1998).
• Eugene Volokh, Writing a Student Article, 48 J. Legal Ed. 246 (1998)

Research Guides

• Georgetown Law Library Research Strategies for Seminar Papers
• University of Cincinnati: Seminar Paper Research
• UCLA Researching for a Scholarly Article or Seminar (SAW) Paper: Introduction and Things to Know
• Selecting & Developing Your Seminar Paper Topic: Selecting a Topic
• << Previous: Preemption Checking
• Next: Interdisciplinary Research >>
• Last Updated: Sep 11, 2024 12:28 PM
• URL: https://guides-lawlibrary.colorado.edu/c.php?g=1112479

Researching Law School Papers

• Research papers
• Coming up with a topic
• Checking for preemption
• Expanding your research

Resources on academic legal writing

Make a research appointment.

Reference librarians are available to help you get started and research your topic. 

• Stop by the Reference Desk in the library lobby
• Email: [email protected]

Articles (UC Davis law students may access from offsite using Kerberos password)

• Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers by Heather Meeker
• Writing a Student Article by Eugene Volokh
• How to Write a Law Review Article by Richard Delgado
• How to Write a Law Review Article by Sean Burke

• << Previous: Expanding your research
• Last Updated: Jul 24, 2024 2:56 PM
• URL: https://libguides.law.ucdavis.edu/seminarpapers

Legal research and writing

• Problem analysis

Research plan

• Legal encyclopedias and digests
• Legal dictionaries
• Annotated statutes
• Articles and papers
• Law reform commissions
• Blogs and website secondary sources
• British Columbia
• Finding case law
• Judicial treatment
• Legal writing
• Research guides
• Citation help
• Legislative Research Videos
• Indigenous legal research methodology

Law Library Research Help

This page will help you analyze the legal problem you are going to research and help you identify the points your research will need to address.

Below  is a sample research plan template:

• Research Plan Format Sample (Nayyer) 2018

Planning your legal research

Once you have a handle on what your legal problem is you can plan your research accordingly.

The depth and focus of your plan will likely vary depending on the issues and your familiarity with the subject area.

Start with secondary materials

Start with secondary sources – discussions of the law – to understand the developed law and get an idea of relevant legislation and leading cases on your topic. You'll find detail on secondary sources , including help in finding them, in the next section of this guide.

Legal dictionaries, legal encyclopedias, textbooks, annotated statutes, law reform commission reports, websites and blogs are all examples of secondary materials. Include these steps in your plan:

• Record the titles and dates of the material you look at
• Note down any legislation and cases that look relevant
• Make note of any potential keywords of search terms you come across

Identify relevant primary materials

Legislation is often the first primary source to consider as many legal research problems centre on the interpretation of legislation. Statutes, regulations and by-laws are all examples of legislation. Your research plan should include these steps:

• Write down the names of any potentially relevant legislation you are already aware of
• Add other legislation to this list as you conduct your research
• Update your legislation for currency
• Note up your legislation for judicial interpretation

The other key primary source is case law . Be sure to pay attention to court level and jurisdiction. Your research plan should include these steps:

• Consider any leading cases you already know about for this issue
• Add other important cases to this list as you research secondary sources
• Add any cases you uncover as you note up legislation for judicial treatment
• Update or research the history of your cases for currency
• Note up your key cases for judicial treatment
• << Previous: Problem analysis
• Next: Secondary sources >>
• Last Updated: Sep 3, 2024 2:43 PM
• URL: https://libguides.uvic.ca/lrw

How to write a legal research paper: All you need to know

This article on “How to write a legal research paper: All you need to know” was written by Vridhi Rai, an intern at Legal Upanishad.

Introduction:

Law is all about analysis, critical thinking, and interpretation. Your capability to put together the analysis of the study of the issues in written form is essential in the practice of law. The research paper is one such way to express your creative and analytic thought process, your vision of the theme, and the originality of your content. The word ‘research’ means a systematic examination of material facts. It can be complex and daunting for law students. But research helps in enhancing your knowledge and cultivating your writing skills. This article will help you understand what is research paper all about and how to write a research paper.

What is a research paper?

A research paper is a piece of academic writing which is based on an author’s original composition in the research and the findings on a given theme or topic. The writing should be owned by the author himself or herself. A good research paper strives to convey the information traced by the author crisply and concisely. The paper is written to examine the theme or the provisions, present your stand on it, and showcase evidence in support in a systematic manner. The true nature of the paper shows you the purpose of the theme or topic. 

What is the aim of the legal research paper?

The aim of the legal research paper can be a subjective question since the writing will indicate what the intended outcome is. There are kinds of writings that would pave a way for courts because it geared toward a certain kind of doctrinal analysis of the court’s interaction with theory and practice. The writings are done for better interpretation of the law. It could also be used to influence policy-making and generate debates. The author has a specific objective and intended audience in mind to serve.

How to write a legal research paper?

Step-1 choose a theme or topic:.

The foremost step in writing a  legal research paper is to select a theme or topic for the research. Select topics that catch your attention or interest. You can pick topics addressing contemporary issues or topics for the intended audience you wish to cater to. It should be novel, innovative, and interesting. While choosing a topic, read pertinent issues from different sources.  You can follow legal news to search for pertinent topics.

In case, you find difficulty selecting a topic, it will be wonderful for you to approach your professors, colleagues, and friends for consultation. Also, never feel hesitant to change the theme or topic of the research, if you feel it is not the right topic or you will not able to research the topic effectively.

Step-2 Research on your topic:

Now, your next task is to research the topic extensively on your selected topic from credible sources. You can refer to different sources by reading legal research pieces from books to online sites like SCC online, Manupatra, and Kluwer Arbitration. Always remember don’t just goggle. Use conventional sources like books and articles, these will give you a broader perspective. Read as much as you can. Reading helps you understand the nitty-gritty of the law provisions. Please beware of the research as this task can be very monotonous. You might lose motivation to perform this task. But hang in there and stay motivated to find interesting facts.

Step-3 Examine and Make a plan:

After researching, your very next step is to examine and make a plan to execute writing a legal research paper. Your research will be comprehensive with ideas. Please develop a detailed outline. Try adding notes to your research work. It can be possible that you might end up adding too much information to your paper. Highlight the key findings from your study. At this stage you are required to identify the goal of your research work, it can be either argumentative or analytic. You have to determine the masses you are wishing to address. The focus and the tone of the paper should b according to the audience you are intending to reach.

To get your Legal Research Paper written by an expert. Contact us.

Step-4 writing the paper:.

The next step is to draft the research paper. Make a final outline of the research work. The outline must have the points to describe the overview of the paper. The basic mantra of legal research is the structure of the paper. The research paper writing should be creative, clear, concise, and comprehensive. The language of your research paper should be easy to interpret. The legal terminologies and material facts are generally very sophisticated and complex. The facts, you are mentioning must be backed by shreds of evidence.

The format of the legal research paper:

The paper should have a proper format that consists of writing styles, referencing styles, page numbering, spacing, and margins. It should also include the headlines, sub-headlines, citations, or credits to the authors and the scholars.

The content of the legal research paper:

The content consists of the following:

Acknowledgment : the content of the paper should include an acknowledgment section that appreciates all the contributors to the research paper for their efforts and encouragement.

Table of contents: it includes the list of the things that you have written in your research paper.

Scope of the research: the scope or object of the research includes the reason for your study. It shows you the skeleton of your research paper. You have stated the problem or issue of the paper.

A literature survey or the sources used in the study: it includes the sources you have referred to in your study. It can be primary or secondary resources. The primary resources include books, statutes, and case laws. The secondary sources include the material you have collected from law articles, journals, and compendiums online or offline.

The hypothesis of the research: the hypothesis is the idea that is suggested to explain the objective of the research conducted by the researcher. It conveys the expectations of the researcher on what basis he started studying the issues, he raised in his paper.

Abstract : abstract shows the gist of the theme you have mentioned in your study. It is like the summary of the findings in your research regarding the theme. It should be written clearly and concisely.

Introduction: the introduction should be well-written to attract the attention of the audience toward the theme you mentioned in your thesis. A glance over the initial paragraphs gives an insight to the readers of your work. The introduction determines whether the research paper is worth reading or not. It should express the research problem, the purpose of your thesis, and background details about the issue you are referring to. It should be short, crisp, and comprehensive.

The main body of the study: the main focus of the paper is the main body of the thesis. The body should be divided into paragraphs along with sub-headings for a better understanding of the facts. Each paragraph should draw the main points of your study. It should begin with the topic’s sentences and should conclude extensively. In the main body, you can add the case laws and judgments.  

The conclusion of the study: the finale of the study should include a summary of the main pointers discussed in the study, it should express your stand or viewpoint towards the research problem. The concluding para of your research can be affirmative or negative in tone. In the end, you can add some suggestive measures to your study.

References or bibliography: at the end of the paper mention the references or the sources links or sites from which you have researched the material facts.

Step – 5 edit and proofread the final draft of the research paper:

Use proper grammar, punctuation, and spelling. Proofreading will help you to find errors in your content. If you need, to make changes to the paper, check and find the logic and legality of the statement. At this stage, you check the plagiarism of your content.

The things that should be considered carefully before drafting the paper:

you need to check the validity of the judgments before mentioning them in the research paper. The validity of the bills mentioned in your study should be carefully considered. The errors related to applicability or jurisdictions should be carefully verified.

Conclusion:

Legal research is not an easy task to perform. It takes a lot of time to conduct it. Constant hard work, attention, motivation, and patience are the factors required to examine and analyze the details. It can be boring. But it will help you in brushing your skills. Your efforts and dedication toward finding more and more material facts will help in shaping you into a good researcher.

It is beneficial for law students for interpreting law provisions, policies, and judgments. It can be used as a medium to influence policy-making procedures and as a tool to aware the masses. Publication of your research papers will act as a stimulating force to your law career. It will help you build your confidence and help them transform into law professionals.

References:

• How to write a legal research paper: guide: how to write a winning research paper?- Legal Desire. Retrieved: https://legaldesire.com/guide-how-to-write-a-winning-research-paper/
• A helpful guide on writing a law research paper- Writing help. Retrieved: https://howtowrite.customwritings.com/post/law-research-paper-guide/
• How to begin with writing a legal research paper- Manupatra- youtube channel-(video file)
• How to write a legal research paper law?|research paper- Eminent law classes-(Video file)
• The aim of writing a legal research paper- the art of writing a legal research paper-Rohini Sen-letter of the law-(video file)

Join Our Community

Writing a law school research paper or law review note

• Books and articles

Blog posts and articles

• Writing a Law School Paper Excellent guide aimed at law school students by Prof. Wold at Lewis & Clark Law School.
• Navigating the Research Paper Blog post
• How to Pick a Law School Note Topic Blog post
• How to Write a Law Review Note Worthy of Publication: Choosing a Theme Blog post: 1 in series of 3
• How to Write a Law Review Note Worthy of Publication: Writing the Note Blog post: 2 in series of 3
• How to Write a Law Review Note Worthy of Publication: Presentation and Style Blog post: 3 in series of 3
• How to Write a Law Review Article Article from 2017, with a lighthearted tone.
• How to Write a Law Review Article Article from 1985, more serious, from an excellent scholar. Aimed at law professors rather than students, but stilll applicable.
• << Previous: Format
• Next: Examples >>
• Last Updated: Jul 29, 2022 11:08 AM
• URL: https://law.indiana.libguides.com/c.php?g=1071346

Legal Writing

• Choosing a Scholarly Paper Topic

Choosing A Topic: An Introduction

Further reading, sources for topic ideas.

• Conducting a Preemption Check
• Evaluating Information
• Keeping Current
• Publishing Your Scholarly Writing
• Avoiding Plagiarism
• Legal Citation & the Bluebook
• Persuasive Legal Writing
• Transactional Legal Writing
• Litigation Focused Writing
• Legislative Drafting
• Judicial Writing
• ADR Drafting

Picking a topic can be the hardest part of writing a substantial paper or journal note. A good topic will make a claim that is both novel and adds to the discussion in a particular area of law.

The first step in choosing a topic is identifying a legal problem. Among other forms, this problem may be a policy concern, a conflict in the law, a gap in knowledge, or an issue surrounding a new legal development.

The second step for choosing your topic is proposing a solution to the problem, which will be the basis of your argument or thesis.

After crafting your thesis, the third step is conducting a preemption check to ensure that your topic has not been preempted by other writing on the subject. This guide details sources for help in selecting a paper topic available through the Ross-Blakely Law Library, as well as freely available online, and offers insight in how to check whether your paper will add new information to the field of law.

Questions to consider in choosing a paper topic When choosing a topic, it may be helpful to consider what subjects, classes, or activities you already enjoy and whether an appropriate topic can be developed from them.

What classes do you enjoy most in law school? What law school organizations do you belong to and what projects were rewarding or useful? What projects from your summer legal employment were interesting? What news stories have you heard lately that troubled you? What areas of law would you like to practice in?

Heather Meeker,  Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers , 1996 Utah Law Review 917 (1996) To be published, a paper must be relevant, meaning the overall topic is important enough to have warranted some discussion. But a paper must also add novel information to its field. This article discusses the balancing act of finding something new in a legal field that has already drawn attention.

Eugene Volokh,  "Finding What to Write About (The Claim)" in  Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review , 5 th ed. (2016)   Tips for research, writing each section of your article, editing your early drafts, and entering competitions or submitting articles for publication.

A Short & Happy Guide to Advanced Legal Research (Ann Walsh Long, 2022) (available on campus, remotely with ASURITE, or with an ASU West Academic account) Chapter 7 of this brief volume goes into depth on the process of finding, planning, and writing an extended academic paper on the law similar to what professors produce. It recommends seeking expert guidance on a topic and identifies several fertile sources, including circuit splits, state surveys, and law review symposia. It also provides guidance on the preemption check that helps ensure your written product will be unique and valuable, as well as organizing research, editing, and building credibility with comprehensive footnotes crediting experts in the field.

• Circuit Splits
• Hot Legal Topics
• Legal Podcasts
• Legal News Sources

A good way to generate a topic is to look at how different jurisdictions have treated a particular issue. To do this you can examine splits between the circuit courts, in which federal appellate courts from different jurisdictions have disagreed on an important federal question.

U.S. Law Week: Circuit Splits  (Bloomberg Law password required) U.S. Law Week is published weekly by Bloomberg Law.  It includes information on important cases handed down each week and current legal developments. It also has a monthly "Circuit Splits" Feature.

Resources that focus on the "hot topics" in law can be helpful in identifying issues that have not yet been clearly addressed by the courts or legislature and are ripe for academic commentary.

Bloomberg Law - In Focus Resources   (Bloomberg Law password required) Bloomberg Law's In Focus resources are editorially curated pages that provide access to news, commentary, litigation filings, regulatory developments, and practice tools on emerging issues and other topics of note to legal practitioners.

CRS Reports - "Congressional Court Watcher" The Congressional Research Service is a public policy research institute within the United States Congress, tasked with providing research and analysis on topics related to policymaking. From their website, search for "Congressional Court Watcher" to find weekly updates on appellate decisions that may be of interest to lawmakers.

Resources that track and analyze current events and developments in the legal world, such as blogs, may also provide topic ideas. 

Justia Blawg Search Justia has a listing of over 6,000 law blogs which have been organized in to 75 categories.

Law Professor Blogs Network This is a centralized website for the network of law professor blogs, which are blogs devoted to particular legal subjects written by law professors.

SCOTUS Blog The Supreme Court of the United States Blog provides comprehensive coverage of the U.S. Supreme Court and a wide-ranging array of resources related to Supreme Court cases.

9th Circuit Blog This blog offers commentary and summaries of cases before the 9th Circuit U.S. Court of Appeals.

Arizona Appellate Blog The Arizona Appellate Blog reviews opinions in civil cases from the Arizona Supreme Court and Arizona Court of Appeals.

Global Legal Monitor The Global Legal Monitor is an online publication from the Law Library of Congress covering legal news and developments worldwide. It is updated frequently and draws on information from official national legal publications and reliable press sources.

These podcasts deal with current legal topics and may be useful for keeping current on the law and coming up with an idea for a journal article or seminar paper. For additional legal podcast information, please see the Law Library's Keeping Current: Podcasts guide.

Bloomberg Law Host June Grasso speaks with prominent attorneys and legal scholars, analyzing major legal issues and cases in the news.

Make No Law: The First Amendment Podcast This podcast explores the background of important First Amendment cases and the personalities and history that led to them. Join Ken White, First Amendment litigator and law blogger at Popehat.com, as he interviews some of the people behind America’s most important free speech cases.

Opening Arguments A podcast for people who want to form an opinion about a current legal topic but don’t yet have enough information to do so. It tackles relevant legal arguments and gives you the tools you need to understand the issue. Facts are presented in a neutral manner even though the hosts make their political views no secret.

Stay Tuned with Preet Former U.S. Attorney Preet Bharara breaks down legal topics in the news and engages thought leaders in a podcast about power, policy, and justice.

Bloomberg Law News  (Bloomberg Law password required) The  Subscription & Alert Management  page enables researchers to subscribe to curated newsletters on a variety of subject areas within law and business. 

Law360   (available on campus or remotely with Lexis password) Law360 readers may sign up for newsletter alerts of new articles within each Law360 section or materials pertaining to particular law firms by clicking on bell icons and following the prompts. 

Lexis News Directory   (Lexis password required) In the Lexis News Directory, news can be searched by region, by publication type, and by subject.

Westlaw News Directory   (Westlaw password required) From the Westlaw News Directory you can search news by type, by jurisdiction, by topic, and by industry.

• << Previous: Scholarly Legal Writing
• Next: Conducting a Preemption Check >>
• Last Updated: Jul 19, 2024 8:53 AM
• URL: https://libguides.law.asu.edu/legalwriting

Legal Research and Writing

Bernard Koteen Office of Public Interest Advising 4039 Wasserstein Hall (WCC) 1585 Massachusetts Avenue Cambridge, MA 02138

Legal writing refers generally to the analysis of fact patterns and presentation of arguments in legal memos and briefs. The vast majority of legal internships and permanent positions will require the deployment of legal writing skills. Those working in settings where client-based or impact litigation are the principal focus will draft and file legal briefs that coherently present their side’s written arguments to the court. Certain positions might entail the drafting of predictive memos, which anticipate the arguments of opposing counsel. Even non-litigation positions may require you to research a legal question, analyze the relevant legal precedents, and present an answer in a memo. Work in academia may involve not only writing for scholarly publications but also teaching law students the basics of legal writing and citation. Some larger government agencies and non-profit organizations may also hire someone to provide legal writing training to new hires or to oversee their legal publications.

Modal Gallery

Gallery block modal gallery.

Selecting and Developing a Law Research Topic

• Introduction
• Selecting a Topic
• Developing a Thesis
• Checking the Novelty of the Thesis
• Referencing and citing

Finding a Topic

When selecting a topic, make sure that it is interesting to you and your audience, well-defined, manageable, novel and worthy of publication.  If you need help finding a research topic, you can start by: 

• Examining legal developments
• Keeping up to date with current affairs, e.g. news items can generate topic ideas
• Searching for a novel case or a legal issue where courts have split on their interpretation of the law
• Browsing recent scholarly publications
• Mining topic ideas, including calls for papers and writing competitions
• Exploring grassroots advocacy from communities and legal organisations. e.g. blogs and websites
• Talking to people

The Law Library has numerous resources listed on this page to assist you in selecting your topic.Even if you have a topic in mind, use the following resources to learn more about any new developments within that area. If you get stuck or need customised advice, please email us at:  [email protected]  

Novel Cases

A common approach to finding a topic is to focus on a case that raises a novel issue of law. To find these cases, search for legal developments (see Legal Developments) or browse recent cases before the Australian High Court or highest appellate court in other countries.

• High Court of Australia
• Supreme Court of Canada
• Supreme Court of New Zealand
• Supreme Court of the United Kingdom
• Supreme Court of the United States

The following blogs also contain valuable information about High Court/Supreme Court decisions:

Legal Developments

A good place to get ideas for a paper topic is to examine recent legal developments. Even if you have a topic in mind, use the following resources to learn more about any new developments within that area. Newspapers, blogs and current awareness resources, such as the ones below, are usually the first to report on a developing issue of law.

News and Newspapers

• Nexis Uni Nexis Uni provides quick comprehensive access to legal, business news, market insight, biographies and public records in a single location. Search the phrase "legal developments" for useful news items.
• Factiva Factiva provides access to the latest business and industry news. IThe database allows users to browse through a collection of global content sources from 200 countries, in 26 languages – including newspapers, continuously updated newswires from Dow Jones and Reuters, journals and magazines, websites, blogs, and multimedia. For details on how to use Factiva visit: https://proquest.libguides.com/factiva

For further information on finding news and searching newspapers, refer to the News and Newspapers Library Research Guide.

• News and Newspapers by Christina Ward Last Updated Sep 19, 2024 19693 views this year
• Oxford Public International Law - Debate Maps A good source for ideas on topics related to public international law. The debate maps are an index of discussions by scholars on the public international law aspects of current major debates.
• AUSPUBLAW A collaborative blogging project with commentary and analysis on recent cases and legislative change as well as updates on the latest research and scholarship in Australian public law.
• The Court Osgoode Hall Law School's blog on decisions from the Supreme Court of Canada
• Oxford Public International Law - News For the latest news dealing public international law topics.
• Opinions on High (not updated since 2020) University of Melbourne Law School's blog on decisions from the High Court of Australia
• SCOTUS Blog United States Supreme Court blog written by lawyers, law professors, and law students
• UKSC Blog United Kingdom Supreme Court blog written by influential solicitors and barristers

Scholarly publications

• Lexis+ Australia Australian online legal information source, offering a range of subscription services for legal reference and research. It is a full text database of Australian law, including some legislation and case law. It also includes two case citators and a legal encyclopaedia.
• Westlaw Australia Australian legal database. Search for articles using keywords or browse secondary sources.

For further links to journals and other secondary sources, refer to the Secondary Sources for Law Library Research Guide.

• Secondary Sources for Law by Jason Odering Last Updated Sep 24, 2024 3851 views this year

Unresolved Legal Issues

Another common approach to finding a research topic is to examine an unresolved legal issue. Unresolved legal issues can occur when courts have split in their interpretation of the law, leaving the ultimate meaning of the law unresolved. In the United States, this is known as a 'circuit split' because it is based on federal circuit courts interpreting the same legal issue differently. These sorts of issues are ripe for appeal to the US Supreme Court, the highest court in the land. 

A research topic may describe the split, identify any issues that may be influencing the courts, and propose a way to distinguish the situations or resolve the discrepancy. These topics can be very timely and relevant. However, if the discrepancy is resolved before your paper is completed, the topic can be rendered entirely obsolete. Because these topics are so popular in the United States, there are resources dedicated solely to tracking circuit splits, including the following:

• Seton Hall Circuit Review A law review dedicated to covering the United States federal circuits. The section entitled 'Current Circuit Splits' provides brief summaries of the circuit splits identified in federal court of appeals opinions.
• The University of Cincinnati Law Review's Circuit Splits Blog
• Circuit Splits Reported in U.S. Law Week (BNA) To access Bloomberg Law: staff and students must use their University of Melbourne email addresses when completing the registration form to establish a Bloomberg Law School account.

Journal Articles

• Meeker, Heather, 'Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers' (1996) 3 Utah Law Review 917
• Volokh, Eugene, 'Writing a Student Article' (1998) 48 Journal of Legal Education 247

Law Library Catalogue: ebooks and print materials

Use introductory texts to begin your research. These will help you structure your research and point to key issues that may be appropriate for a research topic.

1. To find print and ebooks, search the Library catalogue for your topic in the keyword field e.g. international humanitarian law.

Keyword Title Author Subject Journal title Call number ISBN or ISSN  or

2. Browse the shelves according to call numbers. Books will be shelved by call numbers according to their subject matter.

• << Previous: Introduction
• Next: Developing a Thesis >>
• Last Updated: Sep 13, 2024 12:25 PM
• URL: https://unimelb.libguides.com/law_research_topic

Paper Writing for Seminars and Student Comments

Topic selection, preemption checking, research & note taking, writing & citation, turnitin & draft coach, getting published, how to pick a topic.

The first step to coming up with a claim is to identify a problem - new legal developments, conflicts in the law, gaps or errors in current scholarly understanding, or any other flaw or hole that you identify within the legal world as it stands. The next step is to propose a solution to that problem - your proposed solution then becomes your claim.

Ideas for a note topic can come from almost anywhere: newspapers, magazines, blogs, other journal articles or circuit splits. 

• news.google.com
• Lexis+ Legal News
• Westlaw Today 
• Bloomberg Law News

For circuit splits, identify an area of law or issue where courts have ruled differently and analyze an aspect of the issue or rulings.  In Lexis or Westlaw, search for caselaw referring to a circuit split by including a search string like "court or circuit /s split." Bloomberg Law compiles a monthly list of circuit splits available here (Bloomberg login required). 

Keep in mind that you may realize the need to broaden or narrow your topic during the writing process.

Topic Selection Resources

• Choosing a Topic for Seminar Papers and Journal Notes: Idea Generator (University of Michigan)
• Topic Selection (NYU Law)

What is Preemption Checking?

A preemption check is conducted to determine whether there is new law or a prior publication (whether by student author or expert) that renders an article moot.  Your treatment of the topic must be original.  Your issue can be preempted in two ways.

• Preemption by law  means that new case law, statutory or regulatory law has made your topic moot.   An in-depth and complete search in the case law, legislative, codes and regulations databases is a must to make sure your issue is not already addressed by law.
• Preemption by author  means that someone has already addressed the topic.  A thorough search must be conducted to determine if any publications or articles have already been written addressing your issue using the same reasoning.  We are focusing on specific arguments and claims, not just a broad treatment of a topic.

Cautionary Notes:

• Conduct a preemption check before spending time and energy writing and researching your topic. 
• The full text databases on Lexis and Westlaw are not necessarily full text!  Some law reviews and legal journals are not on Westlaw & Lexis.  Others are listed in the databases but not every article from every issue is included. Extend your search beyond Westlaw and Lexis.  Use a variety of databases and a variety of search techniques.
• Use the history features or keep a log of your steps as you work through the databases.  

Preemption Checking Steps

In Westlaw:  Search the following databases:

• Journals and Law Reviews (JLR)
• Texts & Periodicals – All Law Reviews, Texts & Bar Journals (TP-ALL)
• American Jurisprudence (AMJUR)  (I would also search CJS)
• American Law Reports (ALR)
• Index to Legal Periodicals (ILP)
• Legal Resource Index (LRI)
• Current Index to Legal Periodicals (CILP) – A categorized list of the newest articles just being published.
• General news databases – for recent articles about your topic.
• Check case law and legislation and to KeyCite any of your cases and legislation.  The KeyCite report includes secondary sources that cite your case and legislation.  This will lead you to material that discusses your cases or legislation.

In Lexis:  Search the following subject areas -

• Combined (LGLPUB) - The Legal Publications group consists of over 900 individual secondary sources including: Law Reviews, Bar Journals, ABA Journals, Legal Newspapers, Legal Newsletters, Specialty Legal Publications, and CLE Materials
• Legal Journals & Periodicals
• Legal Resource Index (LGLIND)
• Law Reviews by Area of Law
• General News Databases – for recent articles on your topic.
• Check case law, legislation and to Shepardize your case and legislation.  The Shepard's report includes secondary sources that cite your case and legislation.

Don't forget to check databases outside of Westlaw and Lexis like Google Scholar , Copley Databases (e.g. JSTOR), and prepublication databases such as BePress and SSRN . 

Other Guides for preemption checking

• Lexis's Getting Selected for Publication: Be sure your topic is original and well supported A short guide on using LexisNexis to conduct a preemption check.

Good seminar papers and student comments will combine a variety of primary sources as well as secondary scholarly resources like books, journal articles, and sometimes newspaper/magazine articles. 

• For books , use the LRC Catalog , Circuit (certain San Diego libraries), or Interlibrary Loan (most other libraries in the United States).  The reference librarians can help procure almost any book you need for your research needs at no cost to you .  
• For journal articles , start with Google Scholar or the journal and law review databases in Westlaw and Lexis .  If you are looking for a specific journal article where you know the citation, search the LRC catalog by journal title to see whether we have print or electronic access to that particular journal.  If you are still unable to locate a specific article you know exists, please contact the reference desk for assistance. 
• For newspaper/magazine articles , search the LRC catalog by newspaper/magazine title (e.g. Wall Street Journal), to determine whether we have print or electronic access to that particular newspaper/magazine.  If you are still unable to locate a specific article you know exists, please contact the reference desk for assistance. 

Ensure Proper Attribution with Good Note-Taking

If you cut & paste text from another source to look at later, immediately mark it as copied text & include the bibliographic data you’ll need for a citation.

Alternatively, if you’re taking notes from a source, distinguish your own ideas and analysis with some marking.

Save your notes and sources until you have finished writing your paper and received a final grade.

Double-­check your work against each source to make sure you have not accidentally plagiarized something.

Rules for Quoting

Whenever you copy anything, you must put quotation marks around it. Merely citing the source for the quote is not sufficient.

• Short quotations must conform to the syntax of the sentence in which you place them. Pay attention to tense and subject/verb agreement.
• An especially long quotation—50 or more words—should be set off by indenting the whole passage.
• Do not quote from or cite a source that you have not directly consulted.
• Citation should include a specific page reference.

Tips & Tricks

• Use quotations infrequently.
• Try paraphrasing.
• Never rely on a quote to make your argument for you.

Paraphrasing

To paraphrase is to restate the meaning of a segment of text using other words, either

• by expanding and clarifying, or,
• by summarizing the main point or points.

It's not enough to simply change a few words around, or replace words with synonyms!

• If you must borrow a unique word or phrase, enclose it in quotation marks.
• Always indicate whose ideas you are paraphrasing by providing a footnote reference (including a page reference).
• Sometimes it may also be appropriate to introduce your paraphrase with attribution. (According to Howard Gardner…).
• Make sure that you make it clear to the reader where your paraphrase begins and ends and where your own ideas or comments are included.
• Check your paraphrase against the source for accuracy, and modify phrases that match the original too closely.

There's an App for That!

Actually there are MANY apps for that. Two popular options are Evernote and Microsoft OneNote.

Or, search for note taking applications. See for example  https://www.lifewire.com/best-note-taking-apps-4136590 

Academic Legal Writing

• The #1 recommended textbook for helping students write and publish their articles
• Includes detailed instructions and templates. 
• Available in the LRC Reading Room at  KF250 .V65 2016
• A downloadable Word template is available here . 

• This book teaches law students how to write scholarly papers for seminars, law reviews, and law review competitions. There are chapters on footnote practice, plagiarism, law review editing, and publication.
• Available in the LRC Reading Room at  KF250 .F35 2005 . 

Paper Structure

Typical Outline of a Note (from NYU Law, the Writing Process ) 

• Introduction : The Introduction should include a description of the problem, a thesis statement, and a roadmap of the argument to follow.
• Part I : This section should be used to set forth the background information on which the later analysis in your Note will depend. It should be a general and broad review of the important issues relevant to your topic that educates your readers about everything they must know in order to understand your Note. When writing this section, be sure to use language that a reader who is not familiar with your Note topic can easily understand.
• Part II : This section should examine the major cases and statutes that your Note will be analyzing. It will contain the main portion of your analysis of how the law stands. For example, if your topic focuses on a circuit split, Part II is where you would explain the conflicting holdings and rationales. You may also choose to discuss what other commentators have said about your topic and these cases.
• Part III : This section is where you will contribute your own analysis of and views on the topic. You will say why you feel the cases/commentary you analyzed are wrong and what should be done instead. In the case of a circuit split, say which side is better and why. Part III is where you should place your original thoughts and contributions, along with the conclusion of your Note.
• Conclusion : The Conclusion should briefly restate what you have already said. You should not focus too much on this section when preparing this Prospectus.

Legal papers typically cite according the The Bluebook: A Uniform System of Citation, Twenty-First Edition .

Don't forget to use the index and tables at the back of the Bluebook if you are having trouble locating a specific example.

The LRC has print copies of the Bluebook available for checkout. 

Types of Plagiarism

It can be deliberate or accidental; partial or complete.

Plagiarism can include:

• Buying, stealing, or ghostwriting a paper.
• Using other people's ideas without proper citation .
• Improper use of quotes (e.g. improperly altering a quote or failing to use quotation marks).
• Paraphrasing an author too lightly.

Consequences of Plagiarism

Plagiarism violates USD’s Honor Code. Consequences of plagiarism can include:

• Failing grade
• Rescission of a degree, even after graduation.
• Barrier to admission to the bar.
• Degradation of a university’s reputation and diminishing the value of its degrees.

USD Honor Code

Access the full USD Honor Code here .

Each student is responsible for reading, understanding, and complying with this Honor Code and for reporting any violations of the Honor Code.

A violation (e.g. plagiarism) may be either an infraction or a serious violation.

Minor infractions may result in a reduction in grade, withdrawal from the course, retaking of the course, additional work for the course.  

Serious violations are handled by the Honor Code Hearing Committee and can result in expulsion, suspension, a letter of censure, the need for additional courses or credits, or other sanctions.

Examples, Practice, and Quizzes

Use these free online tutorials and quizzes to further hone your skills in identifying plagiarism:

• Indiana University, How to Recognize Plagiarism Compare passages side-by-side to identify plagiarism
• Harvard Law School, Plagiarism Quiz Quiz on the rules and consequences of plagiarism.
• CALI Lesson – Plagiarism – Keeping out of Trouble 45-minute interactive tutorial. Must have a CALI account.
• T.W. Frick et al., How to Recognize Plagiarism: Tutorial and Tests (2014)
• Ramona Islam, The Plagiarism Tutorial: The Plagiarism Court

Turnitin Originality is an originality-checking and plagiarism prevention service that integrates directly into Canvas assignments and will allow you to review a report that checks students' work for similarities in various databases. If enabled by your professor, you will see Turnitin Originality as part of your Canvas course page. 

In addition to TurnItIn Originality, students can use Draft Coach through Google Docs to submit drafts of papers to check for possible instances of plagiarism before they submit final drafts to their course instructors.  

Turnitin and Draft Coach are free to USD students. 

To use Draft Coach 

• Open your document in Google Docs. Please note that even if you have your original work saved as a Word document, you can upload it to Google Drive, and save as a Google Doc
• Select Extensions, Turnitin Draft Coach, and then Turnitin Draft Coach again from the top menu bar.
• The Draft Coach panel will appear on the right-hand side.
• You will be able to run a total of three Similarity Checks while drafting your assignment. We suggest using these strategically to get as much out of the reports as possible. 
• You will be able to run as many Citation Checks as you like while you draft your assignment. You can either wait until you have finished and make any suggested corrections at the same time, or you can run a few checks throughout your drafting process and do it in stages. 
• You will be able to run as many Grammar Guide checks as you like while you draft your assignment.

Similarity Check

Turnitin compares submitted drafts to its database of scholarly research (journal articles, student papers, and other internet sources) and returns a Similarity Report that highlights a percentage of matching text. 

Turnitin does not automatically detect plagiarism . It is up to the student to interpret the meaning of the Similarity Report.  

For help understanding your Similarity Report, please click here .

Citations check

The Citations Check is used to help you identify when your citations are missing references or when your references are missing citations. This check focuses on identifying matching pairs of citations and references that you include in your text. However it is only able to detect MLA and APA.  It will not work with Bluebook citations. 

Grammar Check

Grammar Guide searches your draft for any grammatical mistakes using US-English grammar rules. Any potential errors will be highlighted, categorized, and listed with suggestions on how they could be corrected.

Select  Show Details  to reveal a summary of your issues. The four Issue categories that Grammar Guide uses to search against:

Grammar  - The basic structure of language, in this case, US-English.

Mechanics  - Language rules regarding the use of punctuation, capitalization, and spacing.

Usage  - How and when to use words and their variations based on the context. Focuses more on the meaning of the word rather than the mechanics.

Structure  - The arrangement of words, phrases, and clauses to make up a sentence.

For help understanding your Grammar check click here . 

About the Legal Research Center

The law library exists to support the educational and scholarly activities of the USD law community. Click here for more information.

Reference Assistance

Phone: (619) 260-4612

Email:  [email protected]

Submission to Student-Edited Journals

This option is time-sensitive and the two submission seasons during the year are February to early April and August-October.  Submissions to student-edited journals is usually done through Scholastica .  For questions or help setting up an account with Scholastica contact the reference desk at [email protected] . 

After you set up an account, you'll have to select which journals you'd like to submit to. It can be difficult to narrow down your choices but in general you want to keep in mind the overall reputation of the journal and/or subject specialties. Washington & Lee has a reputable journal ranking system here:  https://managementtools4.wlu.edu/LawJournals/ . Just like applying to law schools, you want to submit to a range of journals including ones that you think you have a very good chance at getting and others that are more of a reach. For more information on publishing student work and a list of policies from 196 law reviews with respect to publishing student work, check out this article faculty at UMKC School of Law:  Submission of Law Student Articles for Publication .

Before embarking on your journey, read a USD student's perspective on getting published: Justin Shields '18,  How Can I Get Published? , Motions.

Writing Competitions

There are tons of writing competitions that run throughout the year.  Although writing competitions do have deadlines, there are no strict "seasons" like student-edited journals.  Check out lists of potential writing competitions here  https://abaforlawstudents.com/events/law-student-competitions/writing-competitions/  and here  https://www.sandiego.edu/law/current/writing-competitions.php .

Calls for Papers

A call for papers is an announcement by editors of a journal or organizers of a conference that they are seeking papers on a given theme.  Here are some up-to-date blogs that post calls for papers:  https://www.thefacultylounge.org/calls-for-papers/  and  http://www.legalscholarshipblog.com/category/type/calls-for-papers/ .

• Last Updated: Aug 21, 2024 3:21 PM
• URL: https://lawlibguides.sandiego.edu/paper-writing