8 Offline Preparation for Research
Learning Goals
After reading this chapter, you will be able to
- Read and analyze a set of facts.
- Identify relevant jurisdiction(s).
- Articulate initial legal issues or questions.
- Create a list of search terms to begin legal research.
Overview
An important, but often overlooked or neglected, step in the research process is preparing to research. When you get your research assignment, resist the temptation to start typing words into a Google or commercial platform search bar immediately. The time you invest thinking about your research will increase your efficiency and effectiveness later. To prepare for research (1) identify the jurisdiction(s) relevant to your client’s problem, (2) articulate the legal question(s) presented by the client’s situation, and (3) create a list of search terms from the information you have gathered from the client.
Identify the Jurisdiction(s)
Before you start looking for legal information, you need to know which jurisdiction’s law controls. Keep in mind that the problem might have multiple questions that require research in several jurisdictions.
- Is this a state issue?
- Is this a federal issue?
- Are there issues covered by municipal law?
- Which state’s law controls?
- Which federal district court and circuit court of appeals control?
- Is tribal law involved?
- Is foreign or international law involved?
Articulate the Legal Question
Often, one of the most challenging aspects of getting started with research is understanding exactly what the client wants and framing the client’s goals as legal questions. When you are formulating a legal question, you need to consider the facts you have gathered as well as what legal principles might be involved. When you are preparing to research, think about articulating preliminary legal questions, because after you start researching you are likely to refine, change, or add to your legal questions.
Create a List of Search Terms
Your terms will guide your online searches of databases, websites, and commercial platforms such as Lexis and Westlaw. They will also help you find information in indexes and tables of contents if you are using print sources. When generating your list of terms, think of legal concepts and principles as well as words arising from the facts gathered from the client. Consider synonyms, as well as general and specific terms.
Suggested Activities
- Who, What, When, Where, How? Ask yourself or your colleagues these questions to help generate a list of terms.
- Question-storming. Because we are often unfamiliar with specific areas of law, we might have trouble identifying precise legal concepts or terminology. Sometimes, asking yourself or a colleague questions about the client’s problem helps generate search terms. For example, I might ask myself or my colleague “why did a brewer write a letter to our client complaining that his customers are likely to be confused by our client’s beer name and logo”? That question might lead me to put different forms of “likely” and “confusion” on my terms list.
Student Discussion and Reflection Questions
- In the past, have you spent time preparing to research? Why or why not?
- What methods did you use to prepare to research for the current problem?
Contribute a reflection or discussion question to this section