This chapter discusses the skills needed to carry out legal research. It covers understanding the importance of legal research; establishing an overall strategy in undertaking legal research; using primary sources; doing library-based research; analysing the problem; reviewing the subject matter; searching primary and secondary sources; updating the search; using online databases; and reporting the results of research.
Chapter
A dissertation or research project is often an important part of legal studies. It can be viewed as the culmination of three or four years of hard work because it is usually completed in the last year of the degree. This chapter explores the nature of legal research projects and dissertations. It considers how to complete them successfully, taking a broadly chronological approach to the issues arising. While the approach here may not follow precisely the guidelines set out by the law school, it can still provide markers to guide the student through the process, from constructing and refining the project proposal, to writing and rewriting, all the way through to final submission. The chapter also discusses further the use of relevant resources, drawing upon the earlier discussion of research in Chapter 8, and the important relationship with the dissertation or project supervisor.
Chapter
This chapter discusses the use of the legal knowledge in practice. A good general working knowledge of legal principles for effective legal practice should enable a lawyer to get initial ideas about the legal shape of a case so as to be able to draw up a proper research plan. Without a good general knowledge it can be difficult to know where to start, or to spot areas of a case that might require legal analysis. The chapter explains the use of practitioner sources (i.e. statutes and statutory instruments, case law, books and journals, online resources, and other lawyers); the importance of strategic legal research; planning research and presenting findings; the ways in which law is used in litigation; and combining law and fact to define a case. Once full analysis of facts and law has been put together to define a case, the resulting legal elements and the factual allegations that show the legal elements comprise the issues in the case. These issues are then the focus for all decisions on procedure and evidence, and for case management once proceedings are issued.
Chapter
Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter first explains the purpose of legal research. It then discusses approaches and strategies for carrying out legal research in both academia and practice, which include planning, research techniques, updating, and recording and presenting research. It also considers primary and secondary sources of legal material.
Chapter
Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter explores legal research and research skills in practice. It explains the purpose of legal research. A practical legal research strategy is provided, and guidance is given on each stage of that strategy. Information is provided about how to analyse a research task. Different types of resources are considered, including primary and secondary sources. Consideration is given to electronic sources, and how to identify a decent electronic source from one which is not appropriate. Information is provided about the most popular online databases, including how to ensure your research is up to date. Finally, guidance is provided about how to record the research trail and how to report the results of the research.
Book
Julian Webb, Caroline Maughan, Mike Maughan, Marcus Keppel-Palmer, and Andrew Boon
Lawyers’ Skills helps students develop the legal skills required for successful practice in the modern solicitors’ firm. The book equips students with a solid understanding of the theory and concepts underpinning the key skills areas of legal writing and drafting, interviewing and advising, practical legal research, and advocacy, enabling students to develop, practise, and refine the legal skills they will depend on throughout their professional career. It goes beyond coverage of the assessed skills, providing guidance on a range of professional skills that should be mastered before going into practice, including effective time management, negotiation, and email etiquette. The inclusion of realistic examples from practice, tasks, and reflective exercises reflects the interactive nature of skills as a subject and encourages students to develop, practice, and refine their legal skills. Chapter summaries, diagrams, and self-test questions are also featured throughout and provide additional learning support to students. The text is essential reading for all LPC students and is also a useful source of reference for practitioners wishing to refresh their legal skills. After an introduction, the book covers: interviewing and advising; legal writing; drafting legal documents; legal research; practical problem-solving; negotiation; advocacy and the solicitor; managing your workload; and continuing your learning.
Chapter
This chapter focuses on paralegal work, legal research roles, and other law support roles such as legal advisors. It outlines the sort of work involved; the skills needed to do it successfully; and how to find opportunities to apply for such jobs. The chapter also considers the merits of undertaking further academic study. It explores these types of work both as career destinations in their own right and also in terms of the value that they offer to a graduate who still aims to qualify as a solicitor or barrister in the future.
Chapter
In the twenty-first century, two important pan-European forces to which English law has been subject are the European Convention on Human Rights (ECHR) and the Human Rights Act (HRA) 1998. This chapter discusses the following: the scope, outline, and enforcement of the ECHR to identify and protect fundamental human rights and freedoms and the balancing of these freedoms against the sovereignty of Parliament; its incorporation into the HRA 1998; incorporation under the devolution Acts; the consequences for legal method; and practical and conceptual issues raised by the HRA 1998 around legal research and argumentation. It closes by looking at the prospects of a ‘British Bill of Rights’.
Chapter
This chapter introduces the main resources and techniques needed for legal research, the development of legal ‘information literacy’, and the appropriate methods to undertake research: the capabilities necessary for learning and working in an information-rich, digital society. It demonstrates how digital technologies are changing the nature of law and legal information from physical to a virtual space, and with it the research process. Digital media have created new challenges, for example for intellectual property law, for data security and protection, and for the criminal law in responding to a wide range of electronic crime. The discussion of specific research tools and techniques covers literary sources; case law; legislation; EU law; and using a number of online resources.
Chapter
In the twenty-first century, two important pan-European forces to which English law has been subject are the European Convention on Human Rights (ECHR) and the Human Rights Act (HRA) 1998. This chapter discusses the following: the scope, outline, and enforcement of the ECHR to identify and protect fundamental human rights and freedoms and the balancing of these freedoms against the sovereignty of Parliament; its incorporation into the HRA 1998; incorporation under the devolution Acts; the consequences for legal method; and practical and conceptual issues raised by the HRA 1998 around legal research and argumentation. It closes by looking at the prospects of a ‘British Bill of Rights’.
Book
Scott Slorach, Judith Embley, Catherine Shephard, and Peter Goodchild
Legal Systems & Skills provides essential knowledge and skills for underpinning legal studies, providing a foundation for graduate employability both within and outside the legal service profession. It develops students’ understanding in three core areas: legal systems, legal skills, and professional development and commercial awareness. The first part of the book looks at legal systems, sources of law, legislation, case law, and legal services and ethics. The next part considers, in the context of academia and practice, how to read and understand law, legal research, problem solving, oral communication and presentations, client interviews and meetings, negotiation and mediation, mooting, advocacy and criminal advocacy competitions, writing and drafting, and revision and assessment. The final part examines employability skills, commercial awareness, business, economics and finance, law firms, and clients.
Chapter
This chapter introduces the main resources and techniques needed for legal research, the development of legal ‘information literacy’, and the appropriate methods to undertake research: the capabilities necessary for learning and working in an information-rich, digital society. It demonstrates how digital technologies are changing the nature of law and legal information from physical to a virtual space, and with it the research process. Digital media have created new challenges, for example for intellectual property law, for data security and protection, and for the criminal law in responding to a wide range of electronic crime. The discussion of specific research tools and techniques covers literary sources; case law; legislation; EU law; and using a number of online resources.
Book
Judith Embley, Peter Goodchild, and Catherine Shephard
Edited by Scott Slorach
Legal Systems & Skills provides essential knowledge and skills for underpinning legal studies, providing a foundation for graduate employability both within and outside the legal service profession. It develops students’' understanding in three core areas: legal systems, legal skills, and professional development and commercial awareness. The first part of the book looks at legal systems, sources of law, legislation, case law, and legal services and ethics. The next part considers, in the context of academia and practice, how to read and understand law, legal research, problem solving, oral communication and presentations, client interviews and meetings, negotiation and mediation, mooting, advocacy and criminal advocacy competitions, and writing and drafting. The final part examines employability skills, commercial awareness, business, economics and finance, law firms, and clients.
