Legal Research as a topic
A lecture delivered to Legal Research Group, University of Ibadan
By Ofodum,C.C., ICON.
Caveat:I don’t intend my audience to Portmanteau of conundrum neither to put them in portmanteau of indecipherabiliy but to make my lecture unambiguous, fathoming or apprehending and deepen your knowledge, that’s my aim and objective.
What is
legal research ? finding relevant cases and legislation.
Black’s Law Dictionary 9th Edition defined legal research as ” the finding and assembling of authorities “.
Oxford Advanced Learner’s Dictionary Dictionary 8 Edition defined research as ” a careful study of a subject, especially in order to discover new facts or information about it”.
The study shows that legal research works are still much being conducted under the doctrinal method.
Legal Research is the process of locating an answer to an unknown legal problem, verifying the law, and reading cases.
Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial. Sometimes, legal research can help determine whether a legal issue is a “case of first impression” that is unregulated or lacks legal precedent.
Legal research is “the process of identifying and retrieving information necessary to support legal decision-making.
The ability to conduct legal research is essential for lawyers, regardless of area or type of practice. The most basic step in legal research is to find the leading case governing the issues in question.
The purpose of legal research is to find “authority” that will aid in finding a solution to a
legal problem. Primary authorities are the rules of law that are binding upon the courts, government, and individuals. Examples are statutes, regulations, court orders, and court decisions.
Legal Research is divided into two general categories:
1. Primary Law: Binding law that is codified in statutes, regulations, and caselaw.
2. Secondary Sources : Not legally binding, this type of information explains primary law and legal theory; including legal digests, treatises, journals, etc.
The U.S. and Nigerian legal system are based on precedent — that is, decided court cases — in conjunction with statutes and common law. Therefore, the function of legal research typically is to find out how previous courts have decided cases with similar fact patterns. Most legal research is now performed online for U.S but Nigeria is in the library though depending on the individuality. For example, find law’s sister company, Thomson Reuters Westlaw, provides online legal research tools you can use to look up cases and verify current law; National Library and Law library for Nigeria.
Terms to Know
Opinion : The formal written expression by a court or judge detailing the reasons and principles of law upon which the case is decided.
Parallel Citation : A citation reference to the same case printed in two or more different case reporters.
Stare Decisis : The doctrine under which courts adhere to precedent on questions of law in order to insure certainty, consistency, and stability in the administration of justice.
Shepardize : To look up a cases citation in Shepard’s Citations in order to check the status of the case, whether it is still considered good law, parallel citations, or the use of the case in other jurisdictions.
key cite: This helpful case citation tool is provided by Thomson Reuters West law. You can view the history of a case, statute, administrative decision, or regulation to help determine whether it is “good law” and to retrieve citing references.
How Your Minister in the Temple of Justice May Use Legal Research
A legal mind(or a paralegal under their supervision) may review statutes, case law, and secondary authority before deciding how to proceed with a case. Since the law is based on precedent, case law with a similar fact pattern can give a lawyer an idea of how things may play out in court.
Similarly, a corporate lawyer may conduct legal research in order to determine whether a proposed new policy would expose the company to liability. This may include research into building codes, employment laws, or federal environmental regulations.
Related Subjects
Litigation and Appeals
Constitutional Law
Corporate Law and etc.
The Instruments of researcher: this is the instruments that are used by the legal researchers to carry out a research work.
Computer-assisted legal research (CALR ) or
computer-based legal research is a mode of
legal research that uses databases of court opinions, statutes, court documents, and secondary material. Electronic databases make large bodies of case law easily available. Databases also have additional benefits, such as Boolean searches, evaluating case authority, organizing cases by topic, and providing links to cited material. Databases are available through paid subscription or for free.
Subscription-based services include Westlaw ,
LexisNexis , JustCite , HeinOnline , Bloomberg Law and LexEur . As of 2015 the commercial market grossed eight billion. Free services include Open Jurist, Google Scholar , AltLaw ,
Ravel Law ,WIPO Lex , Law Delta and the databases of the Free Access to Law Movement .
The availability of legal instruments online and offline differs by type, jurisdiction and subject matter. The types of information/ instrumentsvavailable include:
1. Texts of statutes, statutory instruments, civil codes, etc.
2. Explanatory notes and government publications relating to statutes and their operation
3. Texts of governing documents such as constitutions and treaties
4. Case judgements
5. Journals on legal matters or legal theory
6. Dictionaries and legal encyclopaediæ
7. Legal texts and materials in the form of e-books
8. Current affairs and market information
9. Educational information on the law and its operation.
I am so sorry to say this, Nigeria is outdated in legal research and legal system for now.
legal research in Nigeria , Oladipo Bali Esq., lamented the current mood as follows: … Another pragmatic dimension in the use of legal software is the mobility of …. testamentary
instruments , power of attorney, court forms and other legal materials.
Prior to the advent and popularisation of the World Wide Web, access to digital legal information was largely through the use of CD-ROMs, designed and sold by commercial organisations. Dial-up services were also available from the 1970s.As the use of the Internet spread in the early 1990s, companies such as LexisNexis and Westlaw incorporated Internet connectivity into their software packages. Browser-based legal information started to be published by Legal Information Institutes from about 1992 or so.
legal research in Nigeria , Oladipo Bali Esq., lamented the current mood as follows: … Another pragmatic dimension in the use of legal software is the mobility of …. testamentary
instruments , power of attorney, court forms and other legal instruments.
In addendum, I shall discuss journal and article.
Journal is a collection of articles that’s published periodically.
Magazine is collection of articles with related pictures that’s published periodically.
Title: it connotes/ denotes a name given to an article that’s related to your write up.
Abstract: is a total summary of your work in an article or in a project.
Introduction: this is where we introduce our work and tell the background of the work in a write up, though there is a bit different between background and introduction.
Literature Review: this is where we review our literature/ write up. Here we say everything you know about the review work you are working with, with authorities.
Main Body: this is main place we discuss what we have in mind, sometime, some articles will contain main body while some will not contain.
Conclusion: this is where we conclude our work with few sentence.
Recommendations: in my journal, I don’t joke with recommendations, I believe that recommendation is desideratum and sine quo none in every write up. I believed that any article which doesn’t proffer solution after criticism is not worthy to be published. Recommendations are solutions aspect of an article, where you recommend what you want society to adhere to; the advise you want society to heed to.
Reference: this is where we quote authorities used in our write up.
We have footnoting style: in law we use footnoting and Bibliography.
Footnoting is quoting/ referencing your authorities after quoting them immediate using Microsoft Word while Bibliography is referencing your authorities at the end of your work.
In writing an article, we have guideline like African Law Journal, which I shall disclose later, while some article don’t have guideline. In every journal, it must have a guideline. I have published both the guideline own and non guideline own, I shall show you or refer you where you can take a perusal on it.see (www.africanlawjournal.net)
Writing is not easy but it needs diligence, patience and carefulness. Note, no one is above mistake. Once you write don’t rush to publish go through it as many times as you can. Remember you are writing for public consumption not for private consumption. You must have critics, it is a must but don’t mind them, once your write up is criticised, note they are making you popular. Is good to write and take to scholars to read before publishing if possible. I was doing that when I started. My first write up was rejected to be sincere, I had to go back and work on it before it was approved and published.
Note, article is a research work, you must cultivate the habit of researching.
Forward is an appraisal or good result and summary of a journal/ write up, normally written by external someone, author, editor or a scholar. Forward of African Law Journal Second Edition was written by Dr., Arch., Engr Nwagbara O. A. He has 9 degrees. Forward is what sales a book, people normally visit forward of a book before buying it and is very important in writing.
Editors in journal or Editors in Magazine are those scholars that go through the articles, edit it reject or accept it.
Editor in Chief in journal or in magazine is the editor that goes through the work, edit it, rejects it or accept it finally. Editor in chief is the one that reconciles the conflict in journal or magazine.
Conflict in editing: this is inconsistency or disagreement in editing a work which shall be resolved by the editors or editor in chief. Resolution of editor in chief prevails to other editors, he/she goes through it last before publication.
They (editors)equally compile the articles to one place titled journal or magazine.
Conclusively, I urge all the law students of this prestigious institution/group and the whole world to reflect on quintessential modus vivendi of writing as a law student, it must aid now and you in future.
Finally, I equally urge all of you to viscerally emblematized, utilize and heed to my advice. Thank you.
Penned by Ofodum, Chukwunonso Charles, ICON.✍🏻⚖
