Legal Research Skills

Legal Research Skills are essential for anyone working in the field of legal transcription. In this explanation, we will cover key terms and vocabulary that are commonly used in legal research.

1. Primary Sources: Primary sources are the original sources of law, such as constitutions, statutes, regulations, and case law. These sources are the starting point for legal research and provide the foundation for the legal system.

Example: If you are researching a legal issue related to contract law, the primary sources would be the contract itself, any relevant statutes, and case law interpreting those statutes.

2. Secondary Sources: Secondary sources are sources that analyze, interpret, or discuss primary sources. These sources can include law review articles, legal treatises, and legal encyclopedias. Secondary sources can be helpful in providing context and background information on a legal issue.

Example: If you are researching a legal issue related to contract law, a secondary source might be a law review article discussing the latest developments in contract law or a legal treatise explaining the basic principles of contract law.

3. Case Law: Case law is the body of law created by judicial decisions. Case law interprets and applies statutes and regulations, and it can also establish legal principles that are not explicitly stated in statutes or regulations.

Example: If a court decides a case involving a contract dispute, the decision in that case becomes part of the case law on contract disputes.

4. Statutes: Statutes are laws passed by legislative bodies, such as Congress or state legislatures. Statutes provide the legal framework for many areas of law, including contract law, criminal law, and tort law.

Example: The Uniform Commercial Code (UCC) is a set of statutes that governs commercial transactions in the United States.

5. Regulations: Regulations are rules issued by administrative agencies, such as the Environmental Protection Agency or the Department of Labor. Regulations provide detailed guidance on how statutes are to be implemented.

Example: The Occupational Safety and Health Administration (OSHA) issues regulations that establish safety standards for workplaces.

6. Keyword Search: A keyword search is a search of a database or online resource using specific keywords or phrases. A keyword search can be a quick and efficient way to find relevant information on a legal issue.

Example: If you are researching a legal issue related to contract law, you might conduct a keyword search using terms such as "contract," "formation," or "performance."

7. Boolean Search: A Boolean search is a more advanced search technique that uses operators such as AND, OR, and NOT to refine a keyword search. A Boolean search can help you to narrow down your search results and find more relevant information.

Example: If you are researching a legal issue related to contract law, you might conduct a Boolean search using terms such as "contract" AND "formation" NOT "employment" to find cases and articles related to the formation of contracts, but not employment contracts.

8. Shepardizing: Shepardizing is the process of checking the subsequent history of a case to determine whether it has been affirmed, reversed, or overruled by a higher court. Shepardizing is an important step in legal research to ensure that the case law being relied upon is still good law.

Example: If you are researching a legal issue related to contract law, you might Shepardize a key case to determine whether it has been affirmed, reversed, or overruled by a higher court.

9. West Key Number System: The West Key Number System is a classification system used in legal research to organize cases and other legal materials by legal topic. The West Key Number System can help you to quickly locate relevant cases and other legal materials on a particular legal issue.

Example: If you are researching a legal issue related to contract law, you might use the West Key Number System to locate cases and other legal materials on the topic of contracts.

10. Bluebook: The Bluebook is a citation manual used in legal research to provide standardized citations for legal authorities. The Bluebook provides guidelines for citing primary and secondary sources, as well as court rules, regulations, and other legal materials.

Example: If you are writing a legal brief, you would use the Bluebook to provide standardized citations for the cases, statutes, and other legal materials that you cite in the brief.

In conclusion, legal research skills are essential for anyone working in the field of legal transcription. Understanding key terms and vocabulary, such as primary sources, secondary sources, case law, statutes, regulations, keyword search, Boolean search, Shepardizing, West Key Number System, and Bluebook, can help you to conduct effective and efficient legal research. By applying these skills and concepts, you can provide accurate and reliable legal transcriptions that meet the needs of your clients.

Challenge: Try conducting a keyword search or Boolean search on a legal issue that interests you. Use the West Key Number System to locate relevant cases and other legal materials. Shepardize any key cases to ensure that they are still good law. Finally, use the Bluebook to provide standardized citations for the legal authorities that you cite in your research. By practicing these skills, you can become a more proficient and confident legal researcher.