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1. Which of the following describes an effective approach to legal research?
(Click all that apply, once a response is selected, feedback will appear below the text.)
Investigate all broad, general issues arising from a legal problem.
This is partially correct. A broad understanding will be helpful, but the focus of legal research is on answering a precise and specific question.
Attempt to find and apply legal authority for specific, precise questions
Yes, this is an effective approach to legal research.
Take the facts of a problem and immediately enter keywords into an electronic legal research database to find the answer.
This is an inefficient manner in which to approach legal research. There are other initial steps which should be taken first.
Use various resources to locate legal materials, focusing on one specific, precise question from start to finish.
This is partially correct. It is important to remain flexible as to what that question is and should be throughout the legal research process..
Analyze the facts in a problem, identify the legal issues, then open a law school textbook to try to find the answer.
This is a very effective approach. As you will learn in this module and subsequent modules to follow, your initial research steps should involve secondary source research. These resources could include a law school textbook.
2. What should be your initial steps in legal research?
(Click all that apply, once a response is selected, feedback will appear below the text.)
Log onto an online case law database such as QuickLaw and begin searching for and gathering relevant decisions.
As you will learn, this is normally an inefficient and ineffective way to begin legal research. It is recommended to start by learning the basics of the relevant area of law you are researching.
Learn the relevant area of law through cases you locate in an electronic database or in a print source.
Incorrect: Your initial steps should involve locating secondary sources in order to learn the basics of the relevant area of law you are tasked with researching. Why invent the wheel when one already exists?
Review the broader, general areas of law as described by a textbook or legal encyclopedia, or other source.
This is correct. One of your initial steps should involve canvassing print sources in order to learn the basics of the relevant area of law you are tasked with researching.
Examine and assess the facts you are given.
This is correct. You should begin by conducting an analysis of the problem so you know what it is you should be researching.
Analyze the legal problem and start researching the legal issues that seem to arise from it.
This is partially correct. It is important to remain flexible while conducting legal research; you may have to come back later and re-assess the problem after you learn more about the law in the area.
3. Read the case study below and answer the questions which follows.
Henry, an aboriginal man, was suspected of committing a series of robberies. The police investigated. He claimed his innocence. A witness stated she had seen an aboriginal man flee the scene. During the investigation the police subjected Henry to a police line-up which consisted of him and 11 Caucasian individuals. The witness identified Henry. Two similar robberies occurred while Henry was in police custody but this did not impact the police investigation. Henry was convicted and spent two years in prison before a subsequent investigation absolved him of the crimes, whereupon his conviction was overturned. In the meantime, however, Henry had lost his job, his family had estranged themselves, and he had suffered a deep depression.
In determining the legal issue that you might need to research, which of the following questions should you be asking yourself? (Click all that apply.)
Who are the people involved in the dispute?
Correct.
What are all the existing relationships between the parties?
Correct.
Does any party have a legal duty towards another?
Correct.
Is any level of government involved?
Correct.
What areas of the law are involved? (criminal, tort)
Correct.
For what could Henry be seeking compensation for? (lost income? physical injury?)
Correct.
What could the parties be asking for?
Correct.
How could each party characterize their claim? (a tort? A breach of contract? Criminal?)
Correct.
What happened (who, what, where?) and what was the chronological order of these events?
Correct.
Could the events be organized under separate headings by area of law?
Correct.
Are there different versions of the events?
Correct.
All of the above
Correct - You are on the right track, legal research involves conducting a complete analysis of the problem at the outset. You should therefore consider all of the above questions!
