On Legal Research - 01 - Legal Research and Its Objectives


 

                                                                        [IMAGE CREDIT: WIKIMEDIA COMMONS]

WHAT IS LEGAL RESEARCH?

Legal research is the systematic process of identifying, locating, and analyzing legal information to address specific legal issues or questions.

According to Black's Law Dictionary, legal research is "the investigation of the law concerning a given issue or question, especially by searching for relevant statutes, cases, and secondary sources, such as legal treatises, that may shed light on the issue".

WH Putman defines it as "the process of identifying and retrieving information necessary to support legal decision-making".

KC Olson opines that legal research is "the process of finding an answer to a legal question or checking the accuracy and reliability of a legal citation."

Therefore, it can be said that legal research is the systematic process of searching for and analyzing legal information to understand, interpret, and apply the law. It involves locating relevant statutes, regulations, case laws, legal opinions, and other authoritative sources to address specific legal issues or questions. Legal research is crucial for lawyers, scholars, and individuals seeking to make informed legal decisions, provide accurate advice, or support legal arguments.

 

OBJECTIVES OF LEGAL RESEARCH:

The objectives of legal research are as follows:

  •  Clarification and Understanding: Legal research aims to provide a clear understanding of legal concepts, principles, and rules, helping individuals comprehend the intricacies of the law.
  •  Solving Legal Problems: It assists in identifying, analyzing, and resolving legal issues by locating relevant laws, precedents, and interpretations that apply to specific situations.
  •  Identification of Precedents: Legal research seeks to find and analyze relevant case law and precedents that can guide current and future legal cases.
  •  Legislative Analysis: It involves researching statutes and regulations to interpret their language, implications, and intent, aiding in the application and compliance of laws.
  •  Evaluation of Policies: Legal research can assess the effectiveness, feasibility, and implications of existing or proposed legal policies, contributing to informed decision-making.
  •  Legal Argumentation: It supports the development of persuasive legal arguments by providing authoritative sources and reasoning to support a particular stance.
  •  Drafting and Review: Legal research assists in drafting legal documents, contracts, and agreements, while also aiding in the review and analysis of such documents for accuracy and legality.
  •  Assessment of Legal Liabilities: It helps in assessing potential legal risks and liabilities that individuals, businesses, or organizations may face in various situations.
  •  Academic Scholarship: Legal research contributes to the advancement of legal knowledge and scholarship by uncovering new interpretations, trends, and insights within the field.
  •  Professional Development: For legal practitioners, legal research enhances their expertise, allowing them to stay updated on legal developments and effectively represent their clients.
  •  Legal Education: Legal research supports the education of law students, enabling them to gain practical skills in finding and analyzing legal information.
  •  Informed Decision-Making: Legal research empowers individuals to make well-informed choices based on a comprehensive understanding of the legal landscape.
 
© YASIN AL RAZI

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