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The Process of Legal Research

The Process of Legal Research. What is Legal Research?. Part of Problem-solving Finding the law in order to solve a legal problem for a client. Legal Research Process. Gathering Facts Identifying Issues Finding the Law Applying Relevant Facts and Relevant Laws Reporting Findings

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The Process of Legal Research

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  1. The Process of Legal Research

  2. What is Legal Research? • Part of Problem-solving • Finding the law in order to solve a legal problem for a client

  3. Legal Research Process • Gathering Facts • Identifying Issues • Finding the Law • Applying Relevant Facts and Relevant Laws • Reporting Findings • Using Findings

  4. STEP ONE:GATHER FACTS • Through your lawyer • Through client interview • Through investigation • Witnesses • Reports (e.g., police, insurance, medical) • Physical evidence

  5. STEP TWO:IDENTIFYING ISSUES • What is the legal Issue? • Finding the law relating to the issue • Primary Law (the law) • Secondary Sources of Law (explanation of the law)

  6. STEP THREE:APPLICATION: FACTS & LAW • Once you have found that facts and the law, you need to apply legal analysis • The interweaving of the law and the facts • If you are missing facts, • you can go back to the gathering of the facts to get more facts; or • The facts don’t exist

  7. STEP FOUR:REPORTING YOUR FINDINGS • Once you have completed your legal analysis, you need to report for findings to your lawyer • This will be done either though: • An oral report; or • A written memo of law

  8. STEP FIVE:USING THE FINDINGS • Letter to the client • Action on behalf of the client. Examples: • Letter to person who harmed client (e.g., cease and desist letter) • Commencement of civil action or pleading • Contract • Patent or trademark application

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