Legal Research and Processes

LM 213 LEGAL RESEARCH
LEGAL RESEARCH PROCESS

AND STRATEGIES
Marvin Cabantac, Instructor I
LM 213 Legal
Research SYSTEMATIC
APPROACH TO
LEGAL RESEARCH
a. Identify and analyze the significant facts

b. Formulate the legal issues to be researched
c. Research the issues presented
MUTUAL FUND
INVESTMENTS | SF 2020 d.Update
IDENTIFY AND
ANALYZE THE
SIGNIFICANT
FACTS

The TARP Rule is a useful technique to
analyze your facts according to the
following factors:
T-Thing or subject matter
A-Cause of Action or group defense

R-Relief sought
P-Persons or parties involved
FORMULATE THE
LEGAL ISSUES TO
BE RESEARCHED

This is the initial intellectual activity
that presumes some knowledge of the
substantive law. The goal is to classify
or categorize the problem into general,
and increasingly specific, subject areas

and to begin hypothesize legal issues.
RESEARCH THE
ISSUES
PRESENTED

After the facts have been analyzed and
the issues have been framed, it is time
to begin researching the first issue:
a. Organize and plan
b. Identify, read, and update all relevant

constitutional provisions, statutes, and
administrative regulations
c. Identify, read, and update all relevant case law
d. Refine the search
UPDATE
Law changes constantly. Our Congress
passes new statutes and modify old
ones. Our Supreme Court either refines
the law or reaffirms the law or even

changes the interpretation of the law.
SEARCH BOOKS/LAW FINDERS

Marvin Cabantac, Instructor I
INTRODUCTION
Search books or law finders constitute the
third classification of law books. They differ
very sharply from the first two in that they
neither contain the law nor any statement or
explanation of the law, except in a very few of
them. As a rule these books simply indicate to
the researcher where he can find certain cases
or certain collection of case, presumably
pertaining to a particular subject of the law, give
some information regarding cases or statutes
other than contents.
INTRODUCTION
Many of these books serve as guideposts in
the search for authority, giving the searcher
explicit directions as to the path, which he must
take in order to find the case or cases or
statutory provision embodying the legal
principle he is looking for. However, some
search books merely give an indication of the
general direction of his search that may lead
him to the authorities he desires to find.
Although these books cannot be regarded as
authority, or cited to support a statement of the
legal principle, it is nonetheless true that some
of the most useful law books belong to this
class.
LEGAL TEXTBOOK
A legal textbook is one, which summarizes
the present status of the law, for professional
use, or the development and the general
principles of the existing law, for study and
references. As will be noted, this type of treatise
has two main purposes. The textbook written
for the lawyer in his practice compiles
provisions of law and court decisions pertinent
to the subject of which it treats. The main text is
either a recitation of the law itself, quoted or
restated, or it is anchored to a generous spread
of footnotes. Tables of statutes and cases cited
as well as appendices of related laws are
usually included.
LEGAL ENCYCLOPEDIA
Legal encyclopedias are designed to supply
in concise form, brief but comprehensive
statements of the current law topics combined
into one sequence. Thus, the encyclopedia is not
designed for the laymen or students but
primarily for busy practicing lawyers.
LEGAL DICTIONARIES
Law dictionary is also defined as a book
which is arranged alphabetically and defined
words which constitute the terminology of the
law as a special branch of knowledge, of
common words which have been defined in the
process of law-making, judicial interpretation or
administration of the law.
LEGAL DIGESTS AND
INDEXES
A legal digest is a compilation of paragraphs
containing concise statements of legal
principles which may be deduced from statutory
enactments to form a digest of statute law, or
which may be gathered from careful study of
the decisions to form a digest of case law,
grouped under appropriate headings, which are
arranged alphabetically. The digested
paragraph consists of statement of facts of the
case and the principle of law, which the court
has applied to those facts. These digests, both
for cases and statutes, serve as a subject index
or a topically arranged finding tool.
CITATORS
The final step in doing legal research is
updating the law. This step involves making
sure the legal rules researched is still a valid
law. Shepardizing is the most widely used
method of updating the law. It is a research
technique unique to law. When used as a verb, it
refers to the process of consulting the Shepard’s
Citations volume for the complete history and
treatment of the case by other courts.

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LM 213 LEGAL RESEARCH

LEGAL RESEARCH PROCESS

a. Identify and analyze the significant facts

LM 213 LEGAL RESEARCH

LM 213 LEGAL RESEARCH

LM 213 LEGAL RESEARCH

LM 213 LEGAL RESEARCH

LM 213 LEGAL RESEARCH

LM 213 LEGAL RESEARCH

LM 213 LEGAL RESEARCH

SEARCH BOOKS/LAW FINDERS

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