how to formulate a legal research question

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Formulating a research question.

Last update: April 21, 2022

The start of any research project lies with whatever it is you are interested in. It could be a specific topic, an event, a piece of legislation or any collection of facts and phenomena that puzzles you and triggers questions. The key is then to determine the research question that will guide your research. As with many parts of the research process, the research question can change and develop as you engage with the relevant literature and data. You don’t have to form a fixed research question at the very beginning of the research process. Nonetheless, it is essential to never lose sight of your research question. Your research question has implications for which methods will be used during the analysis and which central goals the study is set up to accomplish.

There are three main reasons why the formulation of the research question is essential for the research process and has to be done with great care:

• Condensing the topic, you are interested in into a single question forces you to really get to what exactly it is you want to know and which key variables are involved.
• Every research question requires a justification as to why it is being posed. Has this question not yet been answered definitively? Why is this question significant for the field?
• The research question has to fit what you are actually doing in your work. A question that is too broad will make it impossible for you to sufficiently answer it. If your question is too specific, the answer might be uninteresting.

Research questions are often sorted into different categories. As with most categorizations, these types of questions differ depending on the field of study. The biggest fault lines when it comes to the different types of research questions lie (1) between normative and descriptive research, (2) within the latter between theoretical and empirical research, and (3) within empirical research between descriptive and explanatory questions. Toshkov (2016) differentiates descriptive, predictive, and explanatory research while Chui (2017) categorizes them as descriptive, exploratory, and explanatory. No matter which exact typology of research question you are working with, it is always helpful to reflect on these key fault lines. Is the goal of your research to determine what ought to be or study the world as it is ? Will you be doing theoretical or empirical work? If you are working with empirics, are you focusing on the collection of facts surrounding a phenomenon (What is happening? What has happened?) or are you trying to determine causal mechanisms and structures (Why is this happening? How has this happened?)?

If your research topic constitutes a lack of information on a phenomenon, a type of legal proceeding or a specific event for example, a descriptive research question underlines the objective of your research of collecting facts that would be necessary to set-up further analyses or theory building. Descriptive research can utilize a number of methodologies ranging from archival work, ethnographic participant observation to conducting large-N surveys examining one or multiple cases.

If you want to determine the how or why of a phenomenon or event, then you are aiming to uncover causal mechanisms or structures and hence require an explanatory research question. For a more detailed outline of the set-up of explanatory legal research, please refer to Jaroslaw Kantorowicz’s entry on “ Causality in Research Design ”.

Finally, a few guiding questions to keep in mind when (re)formulating your research question:

• Is the question concise and grammatically as well as structurally formulated in a way that is easily understood?
• Is the question open-ended?
• Does the question reflect your research goal?
• Is the question making use of normative language (and should it)?
• Is the question researchable and can be feasibly answered within the scope of the study?
• Does your research address everything mentioned in your research question?

Chui, W. H., & McConville, Michael. (2017). Research methods for law (2nd ed.). Edinburgh: Edinburgh Univ. P.

Dunleavy, P. (2015). Authoring a PhD: how to plan, draft, write and finish a doctoral thesis or dissertation. Basingstoke: Palgrave Macmillan education.

Halperin, S., & Heath, O. (2020). Political research: methods and practical skills (Third edition.).

Toshkov, D. (2016). Research design in political science.

Wellington, J., Bathmaker, A.-M., Hunt, C., McCulloch, G., & Sikes, P. (2005). Succeeding with Your Doctorate. In Succeeding with Your Doctorate. London: SAGE Publications.

Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Sep 12, 2023 331 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 5442 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) This resource is also available in Westlaw & Lexis .
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 4793 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 3810 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 673 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• KeyCite Video Tutorial
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Automated Services

Automated services can check your work and ensure that you are not missing important resources. You can learn more about several automated brief check services.  However, these services are not a replacement for conducting your own diligent research .

• Automated Brief Check Instructional Video

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• Last Updated: Sep 21, 2023 2:56 PM
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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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A Step-by-Step Guide on How to Do Legal Research

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When it comes to the practice of law, we often think about court appearances. But crafting a winning legal argument requires a lot of research.

Well-conducted legal research empowers your arguments and gives substance to your legal work, leading to a better outcome for your clients.

To become a pro, you need to understand the tools available to you, and developing a research strategy. Learning to conduct effective legal research isn’t glamorous. That said, it will save you time while helping you conduct stronger outcomes.

This guide reviews the fundamentals of the legal research process, including what sources you should turn to—and when. We’ll also discuss how and why you should check that you’re using “good” law, and offer tips for how you can improve your legal research skills—at any stage in your career.

Click here to watch our on-demand webinar with our lawyer in residence, Joshua Lenon, to learn how to take your legal research to the next level. 

What is legal research?

Legal research involves identifying, finding, and cite-checking information and applicable laws needed to support your legal decision-making. The primary and secondary legal sources for this research include statutes, constitutions, regulations, court orders, and more.

How to do legal research

While the techniques and tools you use may vary, the goal of legal research is simple: You want to find the relevant information and resources (i.e. laws) that apply to the facts of your case, so you can support legal decision making.

With this in mind, the legal research process can be broken down into three basic elements:

• Understanding the key details and questions of your legal issue
• Finding laws and information to support your legal argument checking that what you’ve found is still relevant
• Achieve your research goals in seven easy to follow steps:

Gather critical information about your legal issue

When presented with a legal issue, it’s natural to want to dive in and start looking for cases. But it’s in your best interest to first collect key details about the legal issue at hand.

Pausing to gather and record critical details (like the who, what, when, where, and how of your case) lays the foundation for a more focused, streamlined legal research process.

Establish your legal issue and your goal

Next, use your case’s critical information to pinpoint your legal issue. By establishing legal issues and your client’s ideal outcomes before you start researching, you can construct a well-defined framework that allows you to:

• See what you know about your legal issue—and what you need to find out
• Narrow the field of potential search terms
• Identify the jurisdiction you need to focus your research within

Learn and understand the precedent in your jurisdiction

While researching, pay special attention to the geographical location where your legal issue will be resolved. Is the precedent controlling already in your jurisdiction? Or is it merely a persuasive precedent that has not yet been adopted in your jurisdiction?

Determine the type of legal sources you need

Each of the three types of legal sources you’ll work with has a purpose in the legal research process. Here’s a quick overview:

Primary legal sources are key to legal research because they establish the current law on whatever legal issue you’re working with. You can find primary sources by searching legal research databases like Fastcase or Casetext , include:

• Federal and state constitutions
• Statutes or legislation (such as laws enacted by legislative bodies like Congress and state legislatures)
• Regulations (such as rules or regulations made by either federal or state agencies)
• Annotations
• Case law (such as court opinions or decisions issued by federal or state courts)

Secondary legal sources explain or interpret legal principles in detail, or summarize the current state of the law—giving a better understanding of a particular area of law. These sources are also useful for identifying primary sources for your case (more on that later). Examples include:

• Law review articles and journals
• Practice guides
• Legal treatises

Learn more about the best free legal research tools available.

Begin your legal research with secondary sources

When it comes to legal research sources, start in the middle with secondary sources.

In addition to providing important background information on your legal issue, secondary sources save time: Instead of starting from scratch, you can leverage the expert work that’s already been done.

Think of it this way: In order to create and publish the material, experts had to go through a legal research process themselves. If a secondary source is reputable, the writer reviewed all of the available primary resources to determine what was most applicable. So, by noting the primary sources that are cited in law reviews, law journals, and case-law documents, you can take advantage of the research already done.

Note: Also keep in mind that useful cases don’t necessarily have to have the same legal outcome as your goal. If you find relevant case law where the outcome didn’t match your client’s desired outcome, you shouldn’t necessarily disregard it. If the laws are aligned, you can use that case to show how the fact patterns in your client’s case are different to strengthen your own argument.

Check that you’re using “good” law

Another key step to legal research is verifying that any cases and statutes you come across in your legal research are still “good” law—that is, that any legal decision you’re looking to is still valid and relevant. Using an overruled or unconstitutional statute won’t help you win your case.

Can older cases be “good” law?

While more recent cases are preferred (after all, they’re more likely to reflect the current legal changes that could impact the case law—and are thus less likely to have been rendered obsolete), recency isn’t mandatory.

A decades-old case could be considered “good” law—if it hasn’t been overruled in court or otherwise made irrelevant, an older case that fits with your case’s fact pattern and applicable law could be helpful.

Verify you’re using “good law” with a citator

How can you check if you’re using “good” law? Use a citator. Citators let you verify a case’s authority by giving you a cataloged list of cases, statutes, and legal sources—along with a history and precedential value for those sources—so you can then check that it hasn’t been overruled, questioned, or made irrelevant.

When using a citator, focus on the negative material (by checking a case in a citator, you can look for flags that indicate any negative history). Specifically, use a citator to check that you don’t miss a case that invalidates your argument—which could undermine your credibility.

Major legal databases all have their own citator tools. For example, Casetext offers SmartCite , which “uses a system of flags to indicate the treatment of cases.” Casetext can also “help you evaluate whether a case is good law and find other relevant cases citing that opinion.”

Report your results to check for gaps

Compiling your research into a legal memorandum is a necessary part of conducting legal research, as it allows you to identify any gaps in information that may present consequences at a later stage. Legal writing presents challenges within itself, and it’s not a bad approach for you to supplement your legal case research with a book from a local law library on how to present your findings. Generally speaking, a legal memorandum does five things:

• States the facts of the case
• Identifies the issue
• Applies “good” law to the facts
• Predicts any counterpoints
• Makes an assessment of the outcome of the case

How can I improve my legal research skills?

Whether you’re new to legal research or you’ve conducted legal research for years, once you have a solid understanding of the process, take advantage of strategies and tools to maximize legal research efficiency. Here are three strategies to consider:

Conduct more efficient research remotely

In the past, the legal research process was arduous—partly because it tied the researcher to a physical location—whether that was a local law library or a law office computer—to access resources through legal databases.

Today, online legal research software can be used remotely when integrated with a cloud-based practice management software like Clio Manage. Having the flexibility to research from anywhere streamlines the legal research process and enhances efficiency. Here are a few examples:

• By signing into an online legal research service like Fastcase with Clio, for example, you can remotely access resources and primary sources like cases and statutes, as well as secondary sources like law review articles. CourtTrax provides real-time online access to State and Federal courts across the United States. With CourtTrax’s Clio integration, you can link your search results to specific client matters, and have the results injected directly into Clio as a document.
• Cloud-based online research software like Tracers lets you search for pertinent information (such as contract information or social media activity) remotely. You can also request a Tracers search directly from a matter in Clio for an even more efficient process.

Double-check your memos and briefs with advanced legal research AI

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Effective legal research needs to be thorough and accurate—which, traditionally, is time-consuming. Legal research AI can help speed that process up without sacrificing the quality of your research.

Here are a few tools to help streamline your legal research process:

• ROSS Intelligence is an AI-driven legal research platform with an automated review tool that allows you to do more thorough research in a fraction of the time. ROSS lets you highlight statements in your pleadings and briefs to instantly search for cases and statutes discussing similar points of law. You can also use ROSS to identify negative case treatment in your pleadings and law briefs—without the manual searching.
• Casetext’s CARA artificial intelligence search technology and automated review tool enhance and speed up your legal searches. You can use Casetext to start your research with a complaint or legal brief from a matter in Clio to find highly relevant, tailored search results and resources. Casetext will not just find authorities on the same facts and legal issues—it will also find them in the same jurisdiction. Casetext’s citator functionality also makes it easier to check and flag any bad law.

Document your research with secure, cloud-based fact management software

Don’t let your research go to waste or let facts slip through the cracks because of a poor documentation system. By using secure, cloud-based fact-management software, you can record your research in an efficient, organized, and accessible way.

Software like Clio Manage and apps like FactBox , for example, keep you organized by connecting all the facts, notes, and ideas in your cases. Using this type of tool helps you prepare for depositions, hearings, client briefings, and trials faster—and with more confidence that you aren’t missing facts.

You may like these posts

What is an e-discovery lawyer, what is a motion hearing, a guide to post-trial motions, lawyer depression: recognizing the signs and dealing with it, final thoughts on how to conduct legal research.

Whether you’re a student in law school or an experienced attorney, learning how to do thorough legal research (or how to enhance your existing legal research process) is a skill that can give you a competitive advantage.

Learning great legal research techniques—from developing a more efficient research process to adopting cloud-based tools to conduct better, faster, and smarter legal research—helps you better support your cases, and clients.

Explore how you can conduct more efficient legal research with Clio Manage and the host of Clio software integrations .

How do you do legal research?

Lawyers conducting legal research often consult online legal databases, such as LexisNexis and Westlaw. They might also pore over print resources, case law reports, statutes and regulations, and secondary resources (such as legal encyclopedias, dictionaries, and treatises). That said, there’s no one-size-fits-all process.

How do I start a legal research paper?

Start by determining your topic—this should be specific and something you find interesting. Then, conduct the necessary research to form a well-supported thesis. Create an outline to structure your thoughts before writing an introduction, body paragraphs, and conclusion. Finally, edit and proofread.

How to do legal research as a paralegal

First, ensure you understand what you’re researching. Then, start with secondary sources (law reviews, practice guides, and treatises), consulting a citator to ensure it’s “good” law. Lastly, fill in any gaps with primary sources, including constitutions, treaties, regulations, and case law.

We published this blog post in October 2020. Last updated: November 15, 2023 .

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Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

Legal research is imperative to the practice of law. Depending on where you are in your legal career, there could be multiple reasons to brush up on the basics of legal research. You could be a: 

• Law student or recent graduate preparing for your career 
• Seasoned attorney aiming to brush up on the basics amidst ever-evolving legal research technology 
• Growing law firm preparing to train new attorneys or paralegals 

Regardless of which of these categories you align with most, reviewing the basics of legal research should become regular practice. After all, the importance of legal research cannot be overstated – pinpointing the best facts and knowledge for your case can make the difference between winning and losing.  

Use this article to review the basics and set yourself (and your firm) up for success. First, we’ll define legal research and its components. Then, we’ll walk you through a step-by-step process for conducting superior legal research. Finally, we’ll close with recommendations for tools that can help you become both an accurate and efficient legal researcher – which ultimately equips you with a reputation for success in the courtroom.  

What is Legal Research?

Legal research is defined as the process of identifying and retrieving information necessary to support legal decision-making. There are multiple reasons you might conduct legal research: 

• To find “good” case law that backs up your motion or brief  
• To provide legal counsel to clients  
• To provide a memo or brief for class (law students only)  
• To identify case law that refutes an opposing argument 
• To support the over-arching narrative of your case 

What is the Importance of Legal Research?

Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.

Historically, attorneys combed through books and libraries for the perfect facts, cases, and issues; now, technology has largely replaced this process. While the prominence of ever-evolving technology has made the process more efficient (and, in many ways, easier), the sheer number of products and options available can be overwhelming.  

The Legal Research Process

Understanding that the legal research process can be overwhelming and time-consuming, we’ve broken the legal research process down into three key steps: 

• Understand the facts of your case 
• Gather sources of law 
• Check your citations for “good” law 

Each of these steps is detailed below, alongside a quick-view checklist.  

Step 1: Record the Facts of Your Case and Create a Research Plan  

Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case. Ask yourself the following questions: 

• What is the legal issue at hand?  
• What are the details of the case?  
• What jurisdiction is most relevant?  
• Do you need state or federal case law? 

Record your facts in a case management tool before beginning – this can help you develop a course of action and narrow down where to start your research. While it may be tempting to skip this step, a commitment to this process saves you time in the long run by helping you efficiently juggle multiple clients. Not to mention, you will likely need what you’ve recorded to file a motion or brief. 

With the facts of the case recorded, you can begin your research. Because this will help you develop a plan for gathering your sources, we will briefly discuss creating a research plan before moving on to Step 2.  

Did you know? LexisNexis boasts a collection of state case law superior to its leading competitors. Easily filter by jurisdiction before or after your search.  

Creating a Research Plan  

Review the facts you recorded to determine what information you will need to build your case. When legal research first moved online, many attorneys felt the need to start with a free service like Google to identify terms of art before conducting a search in a legal research platform. However, this is no longer necessary. Research platforms like Lexis+ allow you to start your search with a natural language search or question and equip you to quickly comb both primary and secondary sources. Litigators, specifically, can use Fact and Issue Finder – integrated directly with Lexis+ – to help quickly identify the best terms of art for their search.  

Creating your research plan is less about planning where you will search and more about planning what you will search. You know your research can be conducted on one, fully integrated platform. So, what questions will you ask to get started? What legal issues do you need more information about? What filters will you need (jurisdiction, time period, etc.)?  

Once you know what you will search for, you are ready to gather sources.  

Step 2: Gather Sources of Law  

The next step in your process is to gather relevant sources of law. Below, we detail the difference between primary law and secondary law. Importantly, when gathering sources, start with secondary law materials. This helps ensure you are up-to-speed on what experts have to say about a topic before you begin your case law search. Why does this matter? Think about it as building your knowledge base before crafting an argument – you’ll be less likely to make mistakes and more inclined to spot case-winning primary law.  

What are Secondary Sources of Law?  

Secondary legal sources are materials that describe or interpret the law. They are educational resources that provide analysis of the law. These documents are cited by attorneys to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Start with secondary sources to learn from legal experts that have already explored a given topic.  

Secondary sources may include: 

• Practice guides 
• Legal treatises 
• Law review articles 
• Scholarly journals 
• Legal news 
• Jury instructions 
• Legal dictionaries and encyclopedias 

What are Primary Sources of Law?  

A primary legal source is a formal document officially issued by the government that establishes the law on a particular matter, such as a case decision or legislative act. Primary sources are the law. This is the most authoritative step in the legal research process. You can support arguments with primary sources as they are not only authoritative, but precedential and controlling.  

Your primary sources may include: 

• Case law (federal and/or state) 
• Orders 
• Decisions 
• Statutes and regulations 
• Constitutions  
• Treatises 

Step 3: Check to See If You’re Using Good Law   

The final step in your research process should include a final check to ensure you have used “good” law – this means you are using case law that has been treated positively in court (as opposed to case law that has been overturned or brought into question). 

Check your case citations as you collect them, especially since legal research software can allow a quick view of how your case has been treated in court directly from your search results. However, it is best practice to review your citations once your research process is complete to check for any gaps, changes, or oversights.  

Read more about using good law and the process of " Shepardizing ."

Conduct Winning Legal Research  

Following this three-step process ensures you’re taking the right measures to find the most accurate, relevant and valuable data to achieve your objectives. Now that you’re ready to conduct winning legal research, take some time to review products and tools that can help you in your path to success.  

Getting Started with Legal Research Tools   

Legal research is key to drafting effective documents and building winning cases. Legal research solutions have evolved substantially – helping you conduct legal research with increased efficiency and accuracy . Below is a list of legal research tools to help you build a winning case:  

• Lexis +:  This is the premier LexisNexis fully integrated legal research platform. Features such as Shepard's At Risk ensures you’re citing only the most authoritative sources, with unprecedented visibility into whether a case is at risk of being overruled or undermined. Other Lexis+ features include, but aren’t limited to: 
• Brief Analysis: Get a clear picture of the contents of your legal brief to identify any missteps and bolster your arguments against opposing counsel. Simply upload and file and quickly evaluate the legal authority cited in your (or an opposing) brief in granular detail and receive recommendations for additional searches.  
• Litigation Analytics: Get the most accurate insights into judges, courts, attorneys, and law firms to ensure your success in litigation. Understand critical insights regarding caseloads, experience across case types, timing to key milestones, and damages by comparing federal districts and judges. 
• Shepard's ® Citations Service:  See if a case has been overturned, reaffirmed, questioned, or cited by later cases, or is at risk of negative treatment. Your research needs to provide precedential value. Using reversed or overruled authority doesn't qualify as "Good Law" and your research may be ineffectual or harmful to your case.  
• Practical Guidance: View professional insights on 20 different practice areas. Accomplish any task with practice notes, annotated templates, and checklists.  
• Legal News Hub: Receive up-to-the-minute, award-winning journalism and legal news from Law360 and Law360 Pulse anytime you need it — without having to leave the Lexis+ ecosystem. Stay current on critical developments across legal practice areas, with over 70 coverage areas spanning the practice and business of law. 

LexisNexis is here to support your firm in winning your next case. With Lexis+, all of your legal research needs are integrated into one platform as a true start-to-finish solution. Ready to learn more? Take a guided tour of Lexis+ today. 

Buy Now    Free Lexis+ Access

• Practical Guidance
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Basic Legal Research Guide: Research Strategy

• Getting Started
• Dictionaries
• Encyclopedias
• Law Reviews
• Restatements
• Statutes and Codes
• Administrative Law
• Illinois Resources
• Research Strategy

Research Strategy for 1L Research Memo

• Research Memo Strategies Presentation - Fall 2023

This short Powerpoint presentation outlines some of the techniques and strategies that might be helpful for your Research Memo.

• The Process of Legal Research

It may be helpful to see a visual display of the research process. Attached is a general flowchart for the legal research process. This file was originally created by Sarah Glassmeyer at CALI (The Center for Computer-Assisted Legal Instruction) . 

Sloan - Basic Legal Research: Tools and Strategies, 6th ed.

On pages 304-307 of Amy Sloan's  Basic Legal Research textbook, you will find sample legal research flowcharts that show the thought process for handling certain types of research questions.

Approaching Your First Research Assignment: Introduction

The purpose of this page is to outline a basic strategy for approaching your first open-research assignment. It is most likely that this assignment will be your trial brief in the second semester of Legal Writing. The steps outlined here are intended to assist you in that endeavor. If, by chance, you are reading this page and looking for information on how to approach your first research assignment for work as a clerk or an extern, you will find the approach outlined here to be fundamentally the same because the process of legal research, regardless of the setting, will bear similar characteristics. If you are looking for more in-depth information on applying this process to assignments in the workplace, see the Summer Associate Research Guide .

In many respects, following a “legal research plan” is much like briefing cases; there are certain steps that ought to be followed and certain landmarks to look for along the way. Once you become familiar with briefing cases, you no longer need to work through the process every time you read a case, as that process occurs in the background. So it is with legal research. Working through the steps outlined below might seem tedious at first, but they will become commonplace. In the future, even though you may not work through the steps individually, you can be more confident that your research is complete, thorough, and accurate. Since you've worked through the process a number of times, you’re following the steps whether you recognize them or not. Here are the steps :

• Step 1: Preliminary Analysis
• Step 2: Formulate a Research Strategy
• Step 3: Record Your Actions, Sources, and Results
• Step 4: When Do I Stop Researching?
• Step 5: Update Your Research
• Step 6: Begin Writing Your Brief 
• Step 7: Keep Calm and Carry On

Step One: Preliminary Analysis

Before you can begin researching, it is important to spend some time analyzing the materials that you’ve been given, looking for clues to assist you in researching the question that you have been asked to answer. You need to have a plan . Very often research goes wrong because the researcher attempts to begin researching without being able to answer some very fundamental questions about the topic. Librarians call this the “shot in the dark” approach. It cannot be emphasized enough (especially with your first research projects) that you take the time to answer the following questions and extract as much information as possible, before you begin researching . Part of the reason for this is that the answers to some of these questions will guide your research process in terms of locating and studying sources.

Before you attempt to answer a legal question, you must understand it. In order to understand the question, you have to review the preliminary materials that you have been given as a starting point. It is crucially important that you read everything that you’ve been given carefully, and ask yourself the following questions:

• What is the legal issue? Sometimes the legal question at hand may be ascertained easily from preliminary materials. For example, you may be given documents that comprise an initial case file and be asked (based on the facts) whether a potential client has a cause of action for intentional infliction of emotional distress (IIED) against a co-worker. Other times, it will be less obvious. Part of your research process may involve "learning” enough about an unfamiliar subject area to determine exactly what the proper legal question is. Legal research can sometimes be frustrating because it is a recursive process. In other words, sometimes you need to conduct a significant amount of research just to determine what the question is that you are trying to answer. Only then can you do additional research--often using the same sources--to determine what the answer to the question is.
• Who are the parties involved ? When asking yourself these questions, think in terms of potential legal relationships and not necessarily labels. For example, when considering whether an employee has a potential cause of action against a co-worker, it may be important that the co-worker is the employee's supervisor. The supervisor–employee relationship might indicate that one person or party can exercise authority or control authority over another person or party.
• What is the thing in controversy ? Is there a contract involved? Is a piece of property at issue? The answer to this question may be helpful because it often leads the researcher to specific legal subject areas. Knowing that a question is a matter of tort law or contract law reduces the universe of possible resources to consult and may lead directly to certain sources like a treatise on torts as a starting point.
• What type of relief is being sought? In other words, what are the possible bases of action or defenses? Is a party seeking monetary damages for an injunction? Again, knowing the answer to this question (if ascertainable at this point) may lead the researcher to a specific legal topic, such as what standard needs to be met in order to be granted an injunction given a particular set of facts
• What jurisdiction governs the legal question at hand ? Again, at this point, it may be difficult to answer this question. Some legal topics are governed primarily by federal law (e.g., environmental, immigration, copyright) and some by state law (e.g., contracts, torts, criminal law). When you’re done with law school, you will be in a much better position to answer this question initially. If you did know the answer with some certainty, again this would restrict your universe of possible sources. If you knew, for example, that the question was governed by Illinois law, you could eliminate the federal law and forty-nine other states as potential research sources, or at least as primary authority. Doing so will allow you to focus your research much more narrowly and save a great amount of valuable research time.
• When did the events take place ? The answer to this question helps to determine whether you are researching current law or historical.
• Are there any starting points embedded in the preliminary materials ? For example, you may be pointed to a particular statute as a starting point. Or, you may have been given the name of the seminal case. If, for example, you knew that the answer involved a particular federal statute, you might begin by reading that statute and looking at annotations in an annotated federal code like U.S.C.A . or U.S.C.S .
• Is there any language that you don’t understand? If you need to look up terminology in a legal dictionary, by all means do so, and do so before you continue on. There’s no prize for assuming you know what a term means or how it is being used. If you make an assumption, and it turns out that you're wrong, you will need to start your research over again. That is a tremendously inefficient way to proceed.

Step Two: Formulate a Research Strategy

At the conclusion of the Preliminary Analysis stage of the research plan, a researcher ought to have a basic understanding of the legal question and a list of search terms based on the questions above. The researcher might also know the jurisdiction to be searched, as well as whether it is current or historical information that is sought. A researcher's level of confidence will next guide the research strategy by indicating what resources should be searched, and in what order.  So, the first question is this:

Can you state your legal issue in a sentence?

• If you are not confident that you can state your answer in a sentence, don't be dismayed. This is perfectly natural. But, before you start looking for answers when you don’t understand the question, it’s time to take a step back. You can’t find a needle in a haystack if you can’t identify the haystack you need. This is where most beginning researchers go wrong. Don’t go jumping into a rolling sea of contradictory opinions without the proper context for understanding the information that your research has gleaned. You'll just waste precious time.
• If you can’t state your legal issue in a sentence at this point--in other words, if you are not confident that you have or understand all the terms of art, what the governing jurisdiction is, or what the governing law is--it's best to begin by trying to ascertain a very broad overview of your subject area. This is the Google Maps equivalent of changing your focus so you see a broader area in less detail. One way to "learn" about unfamiliar legal topics (like IIED, employment discrimination, or injunctions) is to begin with basic secondary sources like national or state encyclopedias or hornbooks. Students are often loath to take this intermediary step because it’s not the fastest way to get research done. One important point to keep in mind here is that often preliminary research involves looking for starting points rather than necessarily looking for answers. A basic secondary source will identify the answers to some of the questions asked above: Is IIED a question of state or federal law? Is it primarily governed by statutes? Case law? Or both? Are there particular statutes or cases in the area that you must be aware of in order to answer the question asked? Are there important terms of art that you need to know to execute an effective online search?.
• After you review one or more basic secondary sources, you should at some point feel confident that you can state your legal issue in a sentence. When that happens, keep reading below.
• if you have done a thorough job with your preliminary analysis, you may at this point be able to state your legal issue in a sentence. This is an extremely important point, because if you can state your issue in a sentence, it may be possible for you to begin searching for answers or pieces of an answer using a natural language or terms and connectors search. That technique, however, is not recommended if you are exploring an unfamiliar area of law.
• Before you begin researching, take stock of what resources you have at your disposal. Don’t just go looking for cases. If you know that your question involves a state or federal statute, or section of code, retrieve that statute or section from an annotated code . Then, read it, and look at the annotations, especially references to secondary sources like law review articles or treatises that discuss and dissect the entire statute or section.
• Likewise, now would be a good time to look for more advanced secondary sources covering your topic like treatises or law review articles. If you are not familiar with the treatises in the particular subject area, don’t be afraid to ask your friendly reference librarian for input. Doing so may save a lot of time in the long run. Another trick is to look at the practice pages on Lexis ,  Westlaw , and Bloomberg  to see what major works or treatises are available through these resources.
• Finally, remember that legal research is a recursive process. As you read more and learn more, you may have to adjust your question. Again, this is perfectly natural. However, it leads to the next important point about executing a research plan.

Step Three: Record your Actions, Sources, and Results

Executing a well-thought-out legal research plan is a lot like briefing cases. It’s drudgery at first, but it becomes a natural process after you’ve done it a few times. Those who don’t do it become stuck using the same poor technique or series of sources with no understanding of whether that technique will work or not. When all you have is a hammer, every problem becomes a nail. The best lawyers still brief cases. Very good lawyers brief cases mentally--whether they know it or not. Good researchers record their actions in some manner, shape, or form. Once you become familiar with a particular area of law and its related research resources, your research process will become intuitive. Your search history and Lexis , Westlaw , and Bloomberg can aid greatly with this part, but not every source is available through those three commercial services. So, it’s important to have a log separate from the database research histories, even though there will be some overlap.

For now, here are six good reasons why you ought keep a "research log" for your first few assignments, followed by an example of what one might look like:

• It’s helpful to have a a written, recorded research log to keep track of sources consulted because, if your question changes slightly as you learn more about your legal topic, you will have a record of what has and hasn't been searched, what terms or techniques were used, and what the results were so you do not re-create the wheel and waste your own time.
• Keeping a research log will give you some assurance that you haven’t missed anything. You can compare your list of potential sources like treatises, law reviews, annotated codes, case databases etc. against what you’ve actually researched. This will give you confidence that there isn’t more information lurking out there somewhere that you ought to have found.
• If you need to consult with a partner, professor, or a librarian about your research, it would be most helpful to have a written record of what your searches have been and where you have looked. From looking at the record, an expert will be able to determine whether there are sources that you should have searched, or whether your search terms need modifying, 
• In the real world, whether you are clerking, have an externship, or you are a summer or young associate, if the answer turns out to be "I cannot find an answer," you will need to prove that result is justified. The best way to do that is by presenting the assigning attorney with your research log based on your research strategy and searching.
• If you have to set aside your research project for any length of time, a research log will help you by identifying where you have been and what you have learned. Again, don’t re-create the wheel. If every time you sit in front of a computer you start fresh, you’re going to waste a lot of precious time, and you will have no confidence that you found everything that there is to find because you have no list or record.
• Finally, as you are researching, you will probably identify sources that seem interesting, or possibly helpful, but that may be outside the scope or focus of your current research. Write those down, and keep them somewhere--perhaps in a separate folder labelled "maybe." Never look serendipity in the mouth. Often times skillful researchers end up finding very good resources or bits of information in places they never thought they’d be. Don’t lose the opportunity to take advantage of this information simply because you failed to record its existence when you had the opportunity.

What a sample research log might look like:

Derived from Robert M. Linz, Research Analysis and Planning: The Undervalued Skill in Legal Research Instruction , Legal Reference Services Quarterly, 34:1, 60–99 (2015).

You can also use PowerNotes (available from the Law Library's A-Z Databases Page ) to create a research log. This short video demonstrates how to export your research from PowerNotes into an Excel spreadsheet.

Step Four: When do I Stop Researching?

How do I know when to stop? In the real world, the answer to this question often depends on budgets and time restrictions (for more on this, see the Summer Associate Research Guide ). For purposes of your first research assignment, however, the simple answer is that you stop when you keep seeing the same information, and new information that you come across is not any more helpful than what you already have. Generally speaking, you will keep coming across the same statute or section of code, the same cases interpreting that statute or section, and the same law review articles or treatise sections that discuss the primary law. Once you have this set of information—information that has been recorded in your research log—you can begin attempting to answer the question asked.  As you begin writing, however, you may uncover loose ends that need to be further investigated. So, in a sense, your research is never really done.

Step Five: Update Your Research

No matter what your research turns up, it’s important to update all of your sources using the citators available online: Lexis (Shepard’s), Westlaw (KeyCite) and Bloomberg (BCite).

• You must always make sure that authorities that you are citing are current and reliable; i.e., have not been overruled, superseded, or subsequently distinguished out of existence.
• Beyond that, if you are working on a brief as part of litigation, you can be assured that the opposing party will read your brief, read all your sources, and find any way to discredit or weaken the authority that you are relying on. If you cannot account for these, you run the risk of having your position undermined.
• Finally, remember that a good researcher uses a citator, both to ensure the validity of authority, and to locate additional related authority.

Step Six: Begin Writing Your Memo or Brief

This step is misplaced because, for a number of reasons, you should begin writing well in advance of finishing your research. First, no matter how much research you have done, if you wait until the last minute to start writing, your written product will suffer. Second, the process of writing helps with your analysis. In other words, your brain won't let you write something that doesn’t make any sense. If you’re about to write something that doesn’t make any sense, it’s time to look back at the information that you’ve gleaned. If you wait too long to allow this natural process to occur, you lose the opportunity to fully explore the inconsistencies that your writing uncovers. Also, writing may uncover holes in your research that need to be filled. You need to allow for that possibility as well.

Step Seven: Keep Calm and Carry On

The surest way to be confident that your research is current and complete is to try several different approaches to the same problem. For example, to locate cases, you might employ a terms and connectors search, follow headnotes that are common among identified cases, and use a citator to locate additional authorities. If you were still considering more complex legal or policy issues, you might consult law review articles or a treatise. Each of these sources serves a slightly different purpose and will yield slightly different results. It's the sum of all these parts—and the realization that no matter where you look, you keep coming across the same information—that allow you to conclude that you have found all relevant materials, and you know exactly what to do with them.

Subject Guide

Helpful Free Online Legal Research Resources

Includes federal and state government Web sites, university Web sites, and organizational Web sites.

• Loyola University Chicago Law Library
• Loyola University Chicago Law Library - Research Guides Subject guides to print and online resources available to Law Library users.
• Loyola University Libraries Access to the Main Campus Library's database list, electronic journals search box, subject guides, and more.
• Loyola's Online Catalog Includes holdings of both print and online resources.
• Illinois General Assembly Illinois legislation, legislative history, and administrative law.
• Congress.gov The newly redesigned legislative information Web site of the Library of Congress provides access to Congressional bills, Public Laws, and legislative history documents.
• USA.gov The U.S. Government's official Web portal includes an A-Z listing of administrative agencies.
• GovInfo This Web site from the U.S. Government Publishing Office (GPO) includes links to official government publications such as the CFR, Federal Register, and the U.S. Code.
• United States Courts Provides links to the Web sites of all federal courts, including the U.S. Supreme Court.
• Circuit Court of Cook County General information, court calendars, and circuit court rules.
• Cook County Clerk of the Circuit Court Includes downloadable PDF court forms.
• Fastcase Legal Research via State and Local Bar Associations A listing of state and local bar associations that provide free access to Fastcase as a benefit of association membership.
• Illinois Secretary of State Portal to Secretary of State services and forms (including corporate forms) and the Illinois Register (chronological Illinois administrative law publication).
• Cornell University's Legal Information Institute Links to federal and state legal information, including the U.S. Code, as well as Wex, the collaboratively-created online legal encyclopedia/dictionary.
• FindLaw Links to various state and federal legal information resources and legal forms.
• Law Library Resource Exchange Articles on legal technology topics.
• << Previous: Illinois Resources
• Last Updated: Jun 24, 2024 10:45 AM
• URL: https://lawlibguides.luc.edu/firstyearlegalresearch

5 Legal Research Strategy

How you approach your research task may vary depending on your research question. However, the approach below works well with legal problem-solving methodologies such as IRAC.

What is IRAC?

IRAC is a legal problem-solving methodology commonly used in Australian law schools. Researchers using the IRAC method should identify the:

• Issue — state legal issues that are relevant
• Rule — state the legal rule found in legislation or case law
• Application — apply the rules to the facts
• Conclusion.

You can find a description of the IRAC method in A Practical Guide to Legal Research .

Analyse and plan

Analysing your research question involves identifying the appropriate area of law and any relevant legal issues at play. If you are researching a problem-based scenario, you should pay careful attention to:

• jurisdiction
• dates and timeline of events
• persons involved.

These facts will affect how you formulate your research question , as well as the sources of legal information you will need to consult.

Research the law

At this stage, you should focus on identifying the legal rules found in legislation and case law, because this is what you will need to restate in your writing.

Secondary to primary

When you are new to legal research or unfamiliar with an area of law, proceeding from general information (secondary sources) to more specific, authoritative information (primary sources) is a good approach. Secondary sources are written by subject-matter experts who can efficiently lead you to the key authorities you will need to use.

Alternatively, if you feel like you have a good grasp of the area of law and legal principles, you may wish to move straight to primary sources to answer your legal question.

Keeping up to date with the law

Once you have found your authorities, you need to make sure that they are up-to-date . Has the case you are relying on been reversed on appeal? Has the Act and provision you wish to cite been amended recently?

Apply the law

Apply the law to the facts. Use plain English to express your thoughts and to indicate the best course of action as well as the likely outcome of taking that course. It is important to:

• deal separately with each specific issue raised by the facts
• refer to the points of law extracted from the various cases, legislation, or texts
• have clarity of reasoning
• list authorities for and against the argument
• provide a conclusion.

Statements setting out principles of law should be supported by authoritative resources, preferably primary sources.

This chapter is adapted from Legal Research Strategy in Legal Research Skills: An Australian Law Guide by The University of Queensland Library, James Cook University Library, University of Southern Queensland Library, Charles Darwin University Library, Southern Cross University Library, Queensland University of Technology Library, and Deakin University Library.

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Legal Research Essentials Copyright © 2023 by The University of Queensland is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License , except where otherwise noted.

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Conducting Legal Research

• Five Step Legal Research Process
• Major Secondary Sources
• Major Primary Sources
• Using Shepard's Citator in Lexis
• Using KeyCite's Citator in Westlaw
• Using Headnotes in Westlaw
• Using Headnotes in Lexis
• Finding Aids
• Additional Research Resources
• Free Sources of Law Online
• Research Tips

Five Steps of Legal Research

This five-step research process can be applied to almost any research project, but it’s important to remember that it is not a rigid formula. Be flexible.  Sometimes you will get to step three and realize you should go back and revise your research plan. Other times you might have some preliminary knowledge, so you can start with step two or three. Sometimes, it's easier to do Steps 3 and 4(a) together.

Ultimately, the five steps provide structure for your research and can help you when you don’t know where to go next.

Here are the five steps:

1. Formulate a Research Plan 2. Consult Secondary Sources 3. Consult Primary Sources 4. (a) Expand Primary Law, and (b) Update Primary Law 5. Analyze & Organize Results

The Five Steps

Step One: Formulate a Research Plan

Consider the following preliminary questions:

• Legal question(s) that you need to answer
• Parties & the relationship between the parties
• Area(s) of law
• Jurisdiction
• Most relevant facts
• Legal terms of art

Generate search terms before you begin your research. This will help you to:

• Navigate indexes and tables of contents, and conduct keyword searches; and
• Create both natural language and terms and connectors search terms.

You may not be able to answer every preliminary question and that's okay. Part of the research process is identifying known and unknown information. Answer what you can, then move to Step 2.

Step Two: Consult Secondary Sources

Depending on your familiarity with a particular area of law, you will consult different types of secondary sources.

If you are unfamiliar with an area of law, consult General Secondary Sources such as:

• Legal Encyclopedias, either state-specific, e.g.,  Florida Jurisprudence 2d  (FlaJur); or national, e.g.,  American Jurisprudence 2d  (AmJur) or  Corpus Juris Secundum  (CJS)
• American Law Reports  (ALR)
• General law journals (e.g.,  Florida Law Review )

If you are familiar with an area of law, consult Subject-specific Secondary Sources such as:

• Treatises focused on a discrete area of law (e.g.,  Wharton’s Criminal Law )
• Restatements (e.g.,  Restatement (Second) of the Law of Torts )
• Subject-specific law journals (e.g.,  Florida Journal of International Law  or  Harvard Environmental Law Review )

As you develop your knowledge of a particular area, subject-specific secondary sources become more useful.

Step Three: Consult Primary Sources

The secondary sources you consulted in Step 2 should lead you directly to primary sources via references and footnotes.

Once you find relevant primary sources, those primary sources should lead you to other relevant primary sources:

• Annotated codes and regulations lead you to case law, other code sections, and secondary sources.
• Cases lead you to authorities they rely upon – statutes, regulations, and other cases.

Step Four: Expand & Update Primary Law

Step Four has two parts: (a) expanding your research, and (b) updating the primary law that you’ve found to ensure that the law is still good law. Both parts rely on Shepard’s and/or KeyCite.

     (a)  Expand your research by looking at the cases that a case you've found cites to or that cite to that case; by exploring relevant headnotes in the cases you’ve already found to find other cases that cite to that case for the law in that headnote; or by using the Topic or Key Number system to find additional cases indexed under the same topic as a relevant case.

     (b)  Update your research (using either Shepard’s or KeyCite) to make sure that the cases, statutes, and regulations you plan to use in your argument haven’t been overruled or otherwise treated negatively; and to determine whether there is more recent case law that discusses the same issue.

Step Five: Analyze & Organize Results

In Step 5, analyze your research and, by extension, any arguments and drafts that you have started to write. Focus on the following:

• Yes = return to research
• No = move forward
• Yes = move forward
• No = return to research

 If you need to return to research, go back to Steps One and Two.

• Try a different jurisdiction to see if there are synonyms for the terms you have used.
• Try natural language searches instead of terms and connectors (or vice versa).
• Try to find a subject-specific source (treatise, journal article).
• Use different finding methods to identify secondary sources (indexes, tables of contents, annotated codes).
• Next: Major Secondary Sources >>
• Last Updated: Apr 18, 2023 4:07 PM
• URL: https://guides.law.ufl.edu/legalresearch

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(6) Methods and approaches to research legal questions in your thesis

Clemens Kaupa

Legal Methodology

Today we look at how the issues we discussed in the previous classes shape legal research in practice, and how you can make use of our insights for your thesis. We will also discuss a number of different research approaches that exist within legal scholarship, and which might be useful for your own work.

Review: different methods and the “legal method”

We already mentioned that the law, as a social phenomenon, can be researched with different methods stemming from the various social sciences, such as political science, sociology or psychology. Possible methods include:

• Quantitative studies (e.g. whether there are differences in sentencing for the same offense based on region or on race, or whether “hangry” judges pass harsher judgments, how recidivism rates for certain offenses differ between countries, etc.)
• Qualitative studies (e.g. interviews with judges to identify their world views or with asylum seekers about their access to legal information or representation, etc.)

However, we argued that much mainstream legal scholarship (or “doctrinal scholarship”) is concerned with hermeneutical studies, i.e., the interpretation of communications. In particular, we argued that legal scholars are usually engaged in the following activities:

• They employ the “legal method” in order to establish whether a specific measure that has been passed is legal.
• “Discourse analysis” , which analyzes the arguments employed by institutions to justify their exercise of discretionary (or “political”) choice, for example the choice of a specific interpretation of the law.

We have also argued that these two types of hermeneutical research are usually not held apart in legal discourse, but that it is useful to distinguish between the two for a better understanding of what doctrinal scholarship does, and in particular to understand how legal measures can be contested (we will further discuss this second point a little later). We have also argued that these two activities are usually pursued under the premise that the legal system forms, or should form, a coherent whole. Thus, doctrinal scholarship is engaged in the systematization of the legal system . Beyond hermeneutical analysis proper, doctrinal scholarship frequently also engages in the following activities:

• Political commentary : legal scholars often discuss various aspects surrounding legal decision-making, without engaging in method-guided research in a strict sense. They may comment, for example, on the political context within which a norm was enacted, discuss possible problems in application, or speculate about long-term developments.
• Policy arguments and proposals : legal scholars frequently propose minor or more extensive changes to norms, which would then be for the competent lawmaker to implement. Moreover, they comment on the interpretation practice of institutions, and suggest alternative approaches (for example, a proposal that can be frequently found in legal commentary on decisions by the European Commission or the CJEU is that they should be more “consistent”).

A typical article in a law journal will often encompass all four types of activities in some form, as the following example shows.

Analyzing a “generic” law journal article

Based on what we discussed, we can sketch the following outline of a “typical” article in a law journal.

• Legal articles often chose a new legal development as its subject, such as a new court decision or a legal reform , or discuss the potential legal implications of a new societal development.
• It often first sketches the factual and legal context : for example, it can summarize previous ECtHR judgments on the same subject, or discuss the political background of how a norm got enacted.
• It then provides an overview of the measure : the main facts of the judgment or the main aspects of a norm are summarized.
• It then often addresses those aspects of a decision or a norm that are complicated, unusual or contested , or are otherwise deemed important by the author: for example, if the legal standing of a party was seriously in question in a judgment for an unusual reason, it will be often be addressed in the article; if standing was not a contested issue, it won’t. As part of this discussion, the article will often put the measure in question in relation with other parts of the legal system ( → systematization) ; for example, it can compare a judgment with previous judgments it deems relevant, or put it in relation with relevant fundamental rights
• It may voice some criticism , for example regarding the evaluation of non-legal facts, the interpretation of law, or the exercise of discretionary choice.
• Such criticism will usually imply certain propositions , for example that non-legal facts should be evaluated differently, that a different interpretation of the law is in fact the correct one, that discretionary choice should be exercised differently, or that the legislator should reform the norm in question.

It can be seen in this schematic description of a generic article that it usually employs 1) the “legal method” to establish the validity of a measure, to criticize an incorrect application of the law, or to analyze a specific legal concept; 2) “discourse analysis” to identify the justifications provided by the institution for exercising their discretion they way it did; 3) policy arguments when these justifications are evaluated, and alternative proposals are made; 4) political commentary, when the political and factual background of a measure is discussed, or when the article speculates about future developments. These different aspects of doctrinal scholarship may often not be clearly distinguishable ; rather, they often blend into each other. However, in reading legal scholarship and in writing your own thesis it is useful to be aware of these different activities.

The research method of your thesis

In principle, the appropriate method follows from your research question : if you wish to study recidivism rates, you will choose a quantitative method, etc. In practice, however, it frequently works the other way around: first, a method is picked, and only then is it asked which research questions can plausibly be tackled from that perspective. Theses written at law faculties often employ a doctrinal approach, which we defined as the use of hermeneutical instruments in the form of the “legal method” and “discourse analysis”. Because mainstream legal scholarship (just like much of the teaching at law faculties) is usually “doctrinal” in the sense just defined, law students may not always be aware that their research, too, is guided by a specific method.

Being clear about the method you employ helps you to stay aware of the method’s blind spots as well. For example, as discussed, the analysis of the reasons provided by an institution to justify their discretionary choices may not necessarily explain why it made that specific choice (for example, a judge may have decided a certain way for reasons of convenience or based on political convictions, and constructed her reasoning accordingly). The hermeneutical instruments employed in doctrinal scholarship do not really help to explore all potential factors that shape a specific decision , and you should be aware of this in your writing. Moreover, the legal method is also of limited help for a number of questions that you encounter in your research, such as the evaluation of non-legal facts . When you develop your research question, you should be attentive as to which questions you can plausibly answer when you employ hermeneutical instruments, but also which questions cannot reasonably be addressed.

Argumentative strategies within doctrinal research

Within doctrinal research, you can pursue different strategies of argumentation. Here we provide stylized examples, as well as possible research questions that are based on these different strategies.

Systematization

In your thesis, you may choose to analyze a new judgment or norm within the broader context of the legal system. We have already proposed a stylized argumentative strategy above when we discussed the “generic” law article, and briefly recap it here. We assume that you pick a new judgment by the CJEU as the object of your research.

• you would start by discussing the legal and political context of the judgment: what is the relevant case law, which measures exist in that field, what are important relevant principles, what is the political background, etc. ( → political commentary)
• Then you provide an overview of the judgment , including the relevant facts of the case.
• Then you address one or multiple legal issues that are relevant in regard to the judgment, and relate them to the broader context of the legal system . For example, if the standing of a party was questionable, you discuss the legal doctrine of standing, refer to relevant cases where standing was also an issue, etc. If the CJEU engages in a proportionality analysis (e.g. is a national measure that has a restrictive effect on the free movement of workers justified on important policy grounds?), you discuss the principle of proportionality, and analyze similar cases. You may also raise new legal concerns that have not been addressed in the judgment. For example, certain fundamental rights which the CJEU has ignored may be of relevance. You may also analyze the exercise of discretionary choice: what are the arguments forwarded to justify a certain interpretation of the law, how are certain non-legal facts evaluated? ( → “legal method” and “discourse analysis”)
• From this analysis you can draw certain conclusions . For example, you could find out that a certain legal concept has now received a different meaning after the latest judgment. You may also encounter contradictions or inconsistencies: for example, the restrictive approach taken by the CJEU in regard to standing may appear to conflict with its more lenient approach in other standing cases. Based on this you could argue that the latest judgment is an exception to the rule, and should not be understood as representing a change in the doctrine of standing. ( → “legal method” and “discourse analysis”)
• Finally, you could give policy advice : you could argue that the CJEU has to find a more coherent approach, that the legislator has to clarify a certain provision, that a norm appears to breach fundamental rights in certain regards and should therefore not be applied, etc. ( → policy arguments)

This is an example for a research question that mainly focuses on systematization (I just made this one up):

Under certain conditions, Union citizens have a right to receive social assistance from the Member State where they reside under the free movement provisions of the Treaty on the Functioning of the European Union (TFEU). The recent CJEU judgment Dano has been interpreted by many as holding that Member States may severely limit that right. However, Union citizens also have significant additional rights under the EU Fundamental Rights Charter (FRC), which have been addressed neither by the CJEU nor in the literature. The present thesis researches in how far the judgment Dano has limited the access to social assistance, and whether the FRC establishes certain minimum standards in that regard.

Challenging legal necessity + exposing political choice

We have said that a central theme in legal scholarship concerns the dividing line between law and politics, i.e., between what is legally required and what is enabled. Consider the following example: the government holds that a European Directive can be implemented correctly only in one specific way. It therefore argues that the national implementation is mostly or fully determined by higher-ranking law, and that it has no relevant discretionary choice. This could be challenged as follows:

• First, it could be argued that the implementation has negative practical effects in some form (→ policy argument).
• Second, you would try to establish whether the government’s interpretation of the Directive really is the only possible one. Maybe you will be able to show that an alternative interpretation is in fact possible. You thereby expose an alleged legal necessity as an exercise of political choice (→ This is an application of the “legal method.”)
• Third, you identify the arguments the government forwarded to justify its interpretation (apart from the argument that it is legally required, which you already rejected). (→ This is an application of “discourse analysis”)
• Fourth, you could reject the government’s arguments, and argue that better arguments can be made for another interpretation. (→ policy argument.)

This argumentative strategy challenges the dividing line between law and politics proposed by an institution. They claim that they are legally required to act in a certain way, but you can show that under the law they would have other options, which means that they are really making a discretionary or “political” choice for employing a specific interpretation. This “political” choice can then be challenged. In a metaphorical sense it could be argued that this type of argumentation pushes the law/politics line : an alleged legal necessity is exposed as a political choice. This is an example research question that employs such strategy (I also made it up just now):

It is often argued that the European Treaties require the European Central Bank (ECB) to exclusively pursue the objective of low inflation. However, the recent Gauweiler judgment provides support for the claim that the ECB’s mandate is in fact much broader. The thesis researches whether the European Treaties really limit the ECB’s mandate to price stability, or whether they would also enable the ECB to pursue other policy objectives, such as economic growth and full employment.

Challenging the evaluation of non-legal facts

A measure may be based on the evaluation of a specific non-legal fact that you think is incorrect. For example, Dutch authorities may decide that the deportation of individuals to a specific country of origin would not violate the non-refoulement requirement, because their lives or freedoms are allegedly not threatened there. In order to challenge this evaluation, you would have to make a plausible argument that this evaluation is in fact incorrect.

Another version of this strategy would be to argue that a specific evaluation of non-legal facts appears to draw from common sense, but is in fact based on biased assumptions . For example, it could be argued that certain factual evaluation in civil courts (e.g. regarding guardianship) is based on biased views of gender roles, of certain illnesses or handicaps, or of old age. This exposes a seemingly common-sensical evaluation as based on unjustifiable biases. A possible argumentation structure could look like this:

• First, you describe the relevant norm or case law
• Then you identify the presence of a certain view in the case law, for example a certain idea about gender roles ( → “discourse analysis”)
• Then you show, possibly through the discussion of the relevant social science literature on the issue, that this in fact is a biased view, and that other views are possible ( → policy arguments)
• Then you show that this biased view is not actually required by the higher-ranking norm, but that it merely constitutes one among a number of possible interpretations (→ “legal method”)
• then you analyze the arguments (or, if they are absent, possible arguments) to defend the court’s biased view (→ “discourse analysis”)
• Finally you reject the these arguments, and make alternative arguments why a different evaluation would be justified ( → policy argument).

Example research question:

In internal market law, the CJEU routinely has to balance the restrictive effects of national measures on cross-border trade and mobility on the one hand with the policy objectives these measures pursue on the other. While the Court approaches this task on the basis of a seemingly common-sensical understanding of trade and mobility, it can be shown that this understanding is in fact shaped by a specific economic approach, namely neoclassical economics. By contrast, insights from alternative economic approaches, such as Keynesianism or Institutionalism, are usually ignored. It will be argued that balancing under internal market law would frequently come to different outcomes if the different economical views are taken into account.

You will see that legal scholars who work on a specific area (e.g. European law, trade law or migration law) often share a specific take on their subject. For example, they may share a specific style of analysis, tend to draw from insights from a specific non-legal discipline, or apply specific assumptions (or share a specific worldview). Sometimes this develops into a distinct style of legal research, which we could describe as a specific “approach” in legal scholarship. There are many different approaches:

• some share a specific analytical focus (e.g. “legal gender studies” assumes that gender is an important analytical category),
• some share a specific technique (e.g. “comparative constitutional law” compares the different constitutional regimes in order to identify interesting research questions),
• some share a specific affinity with another academic discipline (e.g. “legal gender studies” frequently draws from non-legal research on sexuality and gender; “law and economics” employs economic ideas, “behavioral law and economics” draws from psychology)
• some share a specific social theory of the law (e.g. scholars drawing from Foucault, or who employ a Marxist framework)
• Some share a specific worldview, or parts thereof (e.g. mainstream “law and economics” is usually close to neoliberal policy views)

These different approaches usually stay within the broader scope of doctrinal scholarship. However, they share a specific trait that might be interesting for your research. In what follows, we discuss a few of these approaches

Comparative approach

Comparative law is a distinct approach in legal scholarship, and has developed specific sub-disciplines (e.g. comparative private law, comparative constitutional law) and analytical techniques. A comparison between different legal systems could be a research question in its own right, or it could be a starting point to find an interesting research topic. A typical question drawing from the comparative approach could be one of the following:

• How is an international agreement or a European measure implemented or applied in the different Member States? Is it referred to in law-making or adjudication? Are there similarities or differences between the countries?
• How is a specific issue regulated in different countries? For example, how is hate speech regulated? How high can certain fines be?

Such comparisons may in turn be an interesting basis for critical analysis:

• For example, it could be interesting to find out what the causes of the differences between Member States are.
• Or, the existence of different implementations of e.g. the same Directive could support the argument that the national legislator in fact has different options to interpret and apply the higher-ranking law. This, in turn, could be the basis of criticizing the legislator for choosing a specific solution and not providing good-enough reasons for that.
• A comparative research may also be the basis for a policy proposal to reform the national law (e.g., let’s adopt the Norwegian approach to ensure gender equality in corporate boardrooms).

Legal gender studies

Gender studies is an interdisciplinary field, which stretches across political science, sociology, psychology, economics, biology and medicine. The core assumption is that gender is a relevant category of analysis . For example, anthropologists and historians can study how gender roles are comparable or different in different societies and in different periods of time; psychologists or sociologists can study how dominant gender roles are established, reinforced or altered through e.g. the educational system. Medical researchers may be interested in whether diseases affect women and men differently, e.g. if they show different symptoms, and whether doctors are sufficiently aware of this.

Legal gender studies adopts this focus on gender as an analytical category, and allows for many interesting research questions:

• For example, it could be researched at which points and how the law distinguishes between two or more genders ;
• reaching further, it can be asked whether these distinctions are informed by certain ideological views, and whether these legally imposed distinctions in turn enforce gender roles in practice.
• Or, it can be analyzed at which points regulation appears to be neutral, and yet has adverse effects on a specific group (e.g. a disadvantageous regulatory regime for part-time workers may be indirectly discriminatory against women, if they constitute the majority of part-time workers, which in turn may be influenced by traditional gender roles).

It is quite obvious that legal gender studies quickly touches on issues that require methods other than hermeneutics, such as employment statistics. In practice, legal gender studies is well integrated into the interdisciplinary gender studies discourse, with jurists frequently incorporating non-jurist scholarship and vice versa. Legal gender studies, in conjunction with the success of the feminist movement in general, has given rise to specific bodies of law that deal with gender discrimination (such as anti-discrimination law); this further stabilizes legal gender studies as a distinct scholarly approach within legal scholarship.

Law and Economics

The “law and economics” approach combines a variety of aspects or elements that are quite unrelated, at least at first sight. “Law and economics” is also termed, by its proponents, the “economic analysis of the law”: this definition already points towards two different elements of this approach:

• first, the application of “economic” analytical methods to answer “economic” research questions;
• second, the (“normative”) claim that law should be interpreted on the basis of a specific view or a specific set of values, namely “economic” ones.

The first element is easy to understand: we already discussed that law, as a societal phenomenon, can be analyzed from the perspective of various social sciences: for example, quantitative studies may show how specific psychological states (e.g. hunger) influence the outcome (quantitative analysis of legal processes from a perspective of psychology), or how race or gender influence outcomes (quantitative analysis of legal processes from a perspective of sociology). Consequently, law can also be analyzed on the basis of “typically” economic research methods (these are essentially quantitative methods also employed e.g. in psychology or sociology) in order to answer “economic” research questions (e.g., does a specific tort law system have a distributive bias in favor of e.g. consumers or producers?).

By contrast, the second element of the “law and economics” approach involves, in philosophical terms, a “normative” claim, i.e., the claim that law should be interpreted on the basis of a specific viewpoint or certain principles.

How would such “value” become relevant in law? You will remember that law is always under-determined: this means that there are always multiple interpretations possible, and lawyers have to pick one among them (e.g., a judge picks one possible interpretation of a legal provision over others). When lawyers “systematize” or “order” the legal system (e.g. when they put a new court judgment into relation with the existing case law and with the legal system in general), they do so on the basis of a certain underlying understanding of what the legal system should be about — this is logical: you can order things only if you apply a certain underlying principle. Maybe the following comparison is helpful for you: you may remember that we compared the activity of legal scholars to re-arranging a room when a new piece of furniture is acquired: the new and the existing pieces of furniture are moved around until a satisfiable room arrangement is found, and all pieces work well together. However, such re-arranging or ordering activity requires an implicit assumption about what is a “good” way of organizing rooms (e.g., don’t put the wardrobe in the middle of the room or in front of windows or doors). Similarly, when the legal system is “ordered”, such “ordering” or “systematization” activity must necessarily be informed by certain values or principles.

Mainstream “law and economics” scholars would argue that the law should be interpreted on the basis of what is necessary to make the markets run optimally. In other words, an allegedly “economic” viewpoint should inform the interpretation of law. The problem is, however, that there is not one “correct” economic viewpoint. Rather, there are a number of very different views of how the economy works (Neoclassical, Keynesian, Marxist, green, etc.), and consequently also how a legal system should be interpreted. Mainstream “law and economics” scholars usually posit a specific economic view as the “correct” one that is supposed to guide the interpretation of law, which could be described as “neoliberal” (individuals are conceptualized as rational maximizers of their utility, markets are conceptualized as efficient insofar as they are better able than states to allow individuals to maximize their utility, etc.)

The two elements of “law and economics” are, as such, unrelated: the first is about studying law and legal processes from a non-legal research perspective, applying e.g. quantitative methods. By contrast, the second is about positing a specific value or viewpoint that is supposed to guide the interpretation of law. However, “law and economics” does not really distinguish between the two, which has ideologically problematic consequences: while it is certainly legitimate and interesting to research law on the basis of “economic” methods, this does not, as such, justify why a specific ideological view is picked as the “correct” economic view that is supposed to shape the interpretation of law.

Alternative approaches — e.g. “behavioral law and economics” — may focus in different non-legal research methods to study the law (e.g., psychological) and may propose different research questions (e.g. focusing on how e.g. biases shape legal outcomes). Beyond that, they may posit different values for the interpretation of law: e.g., “behavioral law and economics” conceptualizes individuals in a more realistic way than mainstream “law and economics”, i.e., often driven by “irrational” considerations.

In order to understand how different values shape the interpretation of law, imagine the following situation: a contract between a customer and a large company contains terms and conditions that are very unfair for the former. A judge informed by mainstream “law and economics” may assume that — because individuals are assumed to rationally optimize their utility on the market — the contract is still beneficial for the customer: if the contract would not increase her utility, she would not have concluded it. Consequently, the judge will be reluctant to invalidate the contract. By contrast, a judge informed by “behavioral law and economics” does not assume that consumers always act in a way that is increasing their utility. The judge may therefore be more inclined to invalidate the contract because of the unfair terms and conditions.

The following concluding points can be made:

• Legal scholarship may employ all kinds of research methods and may ask all kinds of research questions relating to non-legal disciplines, including quantitative approaches to answer research questions stemming from psychology, etc. However, in practice, mainstream legal scholarship (which we describe as “doctrinal” scholarship) focuses on the hermeneutical method (i.e., interpretation of communications), in order to establish whether a specific communication is “legal” according to a specific legal system (“ legal method ”), and to study the arguments forwarded by e.g. courts for picking a specific interpretation of the law over others (“ discourse analysis ”). Beyond that, legal scholars often engage in political commentary and policy propositions .
• We encountered a number of “typical” argumentative strategies in legal scholarship : the most common is the “systematization” or “ordering” of the legal system (e.g., putting a new judgment into context with the existing law). Beyond that, we encountered more explicitly critical strategies, which include “challenging legal necessity + exposing political choice”, and “challenging the evaluation of non-legal facts.”
• Finally, we saw that legal scholars often employ what we termed specific “ approaches ”. These approaches may be characterized by very different aspects: some share a specific analytical focus (e.g. “legal gender studies”, which assumes that gender is an important analytical category), while others share a specific analytical technique (e.g. “comparative constitutional law” compares the different constitutional regimes in order to identify interesting research questions).

Written by Clemens Kaupa

I teach law at the Vrije Universiteit Amsterdam.

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Tips for Legal Research

Researching legal topics : tips for legal research.

• 10 fundamental Skills for Lawyers
• Research Strategies
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• Choosing a Topic
• Legal Search Engines
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• Preemptive Check
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• Academic Legal Writing : Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review by Eugene Volokh ; with foreword by Alex Kozinski. Call Number: Reserve Collection Circulation Desk KF 250 V65 2010

Advise on good practices for legal writing:   From Scholarly Writing for Law Students by Elizabeth Fajans & Mark R. Falk, 4th Edition, 2011, Call No.: Reserve Collection, KF 250 F35 2011

1.  Finding a Topic - A good place to begin is searching a secondary legal source; a legal treatise, law review article, BLAWG, or legal newsletter

2.  Narrowing a Topic - Once you have found a topic, begin to refine your research, selecting an aspect to cover in depth

3.  Developing a Thesis - Developing your claim (can be descriptive or prescriptive claim).

4.  Gathering Information

      a.  Be Thorough - Use traditional scholarly resources as well as online resources.  View surveys and data with a critical eye. 

      b.  Ask Someone - For help locating material and for an objective eye to how you are approaching your research.  Use experts to suggest resources you have not considered or to confirm your methodology.

      c. Begin with Secondary Sources - See the tab on Secondary Sources in this guide

      d. Use Internet & Online Databases Effectively

      e. Stay Current

       f.  Use Citator Services (Refworks or Zotero or another of your choosing) to organize your material & cite it correctly.

Five Things You Need to Find to Write an Article:

1.  Legal Rules

2.  Academic Literature

3.  Sample Cases or Incidents

4.  Details on Each, Especially Important Case or Incident

5.  Empirical Studies - see the tab for Statistics/Empirical Research for links to statistics on a variety of topics

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Formulating a Clear Research Question Statement

Formulating a clear research question is a crucial step in the research process, providing a focused, precise path for inquiry. This article outlines the essential steps and considerations for developing a strong research question that guides the entire research project.

Key Takeaways

• Understand the core attributes of a strong research question, including specificity, clarity, and relevance to the field of study.
• Identify common pitfalls in research question formulation, such as vagueness and overly broad scope, and learn strategies to avoid them.
• Utilize literature reviews effectively to refine and align your research question with existing knowledge and gaps.
• Transition smoothly from a well-formulated research question to a testable hypothesis, setting the foundation for your research methodology.
• Consider ethical implications in your research question to ensure fairness, privacy, and bias mitigation.

Understanding the Essence of a Research Question Statement

Defining a research question.

To embark on any research project, you must first clearly understand what a research question is. It is the fundamental query that guides your entire study, aiming to address a specific concern or gap in knowledge. Formulating a clear and concise research question is crucial as it sets the direction and scope of your investigation.

Characteristics of a Strong Research Question

A strong research question should be precise, manageable, and substantial enough to warrant detailed analysis. It should be researchable —meaning there must be enough evidence and resources available to answer it. Moreover, it should be specific enough to allow for a clear and focused investigation, yet broad enough to cover the necessary aspects of the topic.

Common Pitfalls to Avoid

When crafting your research question, avoid vagueness, overly broad topics, and questions that are too trivial. A common pitfall is formulating a question that is either too broad or too narrow, which can lead to either an overwhelming amount of data or a lack of sufficient information to conduct thorough research.

Developing a Research Question from a Broad Topic

Narrowing down the scope.

To transform a broad topic into a focused research question , start by identifying the specific aspects of the topic that intrigue you the most. This process involves breaking down the topic into manageable parts and deciding which part you are most passionate about or which has the least existing research.

Identifying Key Variables

Once you have a clearer scope, identify the key variables that will form the basis of your research. These variables are the elements within your topic that you can measure or assess to gather data. Understanding these variables is crucial for formulating an effective research question .

Formulating an Initial Question

With a specific aspect and key variables identified, you can now draft an initial question. This question should be clear, concise, and answerable within the constraints of your research resources. It's important to refine this question over time to ensure it remains relevant and focused on your research goals.

Evaluating the Clarity and Focus of Your Research Question

Criteria for clarity and specificity.

To ensure your research question is effective, it's crucial to evaluate its clarity and specificity. Ask yourself: Is my research question clear? It should be straightforward, with no ambiguity in its wording. Additionally, consider whether it is focused enough to guide your research without being overly broad or narrow.

Tools for Assessing Research Questions

Various tools and frameworks can help you assess the quality of your research question. Utilize checklists and guidelines that focus on the essential aspects of a good research question, such as its scope, relevance, and feasibility. These tools can provide a structured way to critique and refine your question.

Refining Your Question for Precision

After initial assessments, refine your research question to achieve greater precision. This involves narrowing down the scope and specifying the variables involved. Make adjustments based on feedback and ensure your question aligns closely with your research objectives. This step is vital for setting a solid foundation for your study.

The Role of Literature Review in Shaping Your Research Question

Exploring existing research.

When you begin your research journey, the first step is to immerse yourself in the existing body of knowledge. This involves thoroughly reviewing relevant literature to understand what has been studied, how it has been approached, and the outcomes of those studies. This foundational step not only broadens your understanding but also ensures that your research question is grounded in a solid context.

Identifying Gaps and Opportunities

As you delve deeper into the literature, your goal is to identify gaps or areas that have not been fully explored. This process of identifying gaps is crucial as it directs you to potential opportunities for original research. By pinpointing these areas, you can formulate a research question that contributes new insights to your field.

Aligning Your Question with Current Knowledge

Finally, ensure that your research question aligns with the current knowledge landscape. This alignment is essential for the relevance and feasibility of your study. It also helps in articulating how your research will build on, and differ from, existing studies. By aligning your question, you make a compelling case for the significance and necessity of your research.

Transforming a Research Question into a Hypothesis

From question to hypothesis.

Once you have a clear research question, the next step is to transform it into a hypothesis . A hypothesis is a predictive statement that bridges your research question with empirical testing. It's a crucial step in moving from theoretical exploration to concrete, testable predictions . Formulating a hypothesis requires a deep understanding of the variables involved and their possible interactions.

Testing Your Hypothesis

Testing your hypothesis is where your research takes a practical turn. Here, you design experiments or studies to see if the empirical evidence supports your hypothesis. This phase is critical as it directly addresses the validity of your predictions and by extension, the soundness of your research question.

Setting the Stage for Methodology

The final step in this transformation process is setting the stage for your methodology. This involves selecting the appropriate research methods and tools to effectively test your hypothesis. Whether it's qualitative or quantitative research, choosing the right methodology will significantly impact the accuracy and reliability of your results.

Ethical Considerations in Framing Research Questions

When you're formulating your research question, it's crucial to consider the ethical implications of your study. Ethical guidelines for research questions ensure that your inquiry respects the dignity and rights of participants. This involves obtaining informed consent, ensuring anonymity, and avoiding harm.

Avoiding Bias and Ensuring Fairness

Bias in research can skew results and lead to unethical outcomes. It's essential to design your study in a way that minimally influences the participants' responses or behaviors. This includes using neutral language and ensuring that your question does not lead or mislead participants.

Respecting Privacy and Confidentiality

Maintaining the privacy and confidentiality of your participants is a fundamental aspect of ethical research. This means carefully handling sensitive information and using data protection methods to secure personal data. It's important to outline how you will protect this information right from the start of your study.

Advanced Techniques for Crafting Precise Research Questions

Utilizing analytical frameworks.

To enhance the precision of your research questions, consider employing analytical frameworks. These tools help in dissecting the research problem into manageable components, allowing for a more targeted investigation. Frameworks such as SWOT (Strengths, Weaknesses, Opportunities, Threats) analysis or PESTLE (Political, Economic, Social, Technological, Legal, Environmental) analysis can provide structured ways to explore various aspects of a topic.

Incorporating Theoretical Models

Theoretical models are instrumental in shaping well-defined research questions. By grounding your question within established theories, you ensure that your inquiry is not only relevant but also anchored in a solid academic foundation. Utilizing models from your field can guide the formulation of questions that are both innovative and deeply rooted in scholarly traditions.

Leveraging Statistical Tools for Precision

Statistical tools are essential for refining research questions to ensure they are specific and measurable. Techniques such as regression analysis or factor analysis can help you identify and define the key variables in your study. This approach not only enhances the clarity of your research question but also boosts its methodological rigor, making your findings more robust and credible.

Dive deeper into the realm of academic success with our article on 'Advanced Techniques for Crafting Precise Research Questions'. This guide is meticulously designed to enhance your research skills and refine your academic inquiries. Don't miss out on elevating your thesis to the next level. Visit our website to explore more insightful content and claim your special offer today!

In conclusion, formulating a clear research question is a pivotal step in the research process that sets the stage for a focused and meaningful study. A well-crafted question not only guides the research direction but also sharpens the study's objectives, ensuring that the investigation remains on track and relevant. It is essential for researchers to invest time in refining their research question, making sure it is specific, researchable, and significant within their field. By adhering to these principles, researchers can enhance the clarity and impact of their studies, contributing valuable insights to their academic disciplines.

Frequently Asked Questions

What is a research question statement.

A research question statement clearly defines the focus of a study. It outlines the central issue or problem that the research aims to address, guiding the direction and scope of the investigation.

What makes a strong research question?

A strong research question is specific, clear, feasible, relevant, and complex enough to allow for detailed exploration and analysis within the scope of the study.

How can I narrow down a broad topic into a research question?

To narrow down a broad topic, identify key themes or issues within the topic, review related literature to find gaps, and use these insights to formulate a focused question that addresses a specific aspect of the topic.

What role does literature review play in formulating a research question?

A literature review helps to identify gaps in existing research, which can inspire new research questions. It also ensures that the question aligns with current knowledge and advances the understanding of the topic.

How do I transform a research question into a hypothesis?

To transform a research question into a hypothesis, restate the question as a statement that predicts an outcome based on theoretical insights or previous research. This hypothesis can then be tested through your study's methodology.

What are some ethical considerations in framing research questions?

Ethical considerations include ensuring the question does not harm participants, respects privacy and confidentiality, avoids bias, and contributes positively to the field of study.

Understanding the 3-3-3 Rule for Anxiety: A Comprehensive Guide

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Directed Research Projects

• Getting Started
• Preparing to Research
• The Research Process

Structuring Your Paper

Writing tips, writing resources.

• Checking your Sources
• Getting it Published

There is no strict structure to writing a legal research paper.  Unlike legal memos written for class or documents prepared for court proceedings that require formatted headings such as "Question Presented," "Statement of Facts," etc., legal research papers are not required to contain prescribed content or abide by a particular structure.

That said, below is a typical approach to organizing the content of your research project.

• Introduction (clear statement of your thesis)
• Background information (what is the existing law, if any)
• The problem (explain why the status quo does't work)
• Recommendation for change (what can be done to improve the field and how)
• Conclusion (tie back to your thesis)

If you have any questions about formatting your research project, you should seek advice from your faculty advisor.  Below are some basic guidelines, but keep in mind formatting requirements set forth by your faculty advisor will always supersede instructions provided here.

Generally, directed research papers are formatted as follows:

• 12-point font (Times New Roman or similar)
• Double-spaced lines
• One-inch margins on both sides, top, and bottom
• 10-point font for footnotes (same font as text)
• Bluebook style and rules for all footnotes citations
• Roman numerals and/or letter headings and subheadings (same font as text but bolded and/or underlined)
• Numbered pages in the footer (same font as text)

Table of Contents

Although not required (unless your faculty advisor states otherwise), a table of contents can be helpful to provide your reader with an overview of your research paper and direct them to certain sections.  Your table of contents should mirror your headings and subheadings.  Below is an example of a table of contents.

When to Cite

You must include a citation every time you refer to, paraphrase, or quote a law, case, or another's work.  Most of your sentences will include a citation.  Additionally, when you cite to a law, always cite to the primary source.

How to Cite

The Bluebook, formally titled  The Bluebook: A Uniform System of Citation , is the style manual for citing to legal documents within the United States.  You should use the Bluebook for all your citations in your legal paper.  The white page section contain the citation rules for legal academic publications.

Writing a Strong Introduction

Your introduction is arguably the most important section of your paper because many people will decide to continue reading based on the introduction.  It must grab the reader's attention and explain why what you are writing about is important.

Essentially, the reader should be able to skim the rest of your paper after reading your introduction and have a good understanding of its layout and arguments.  A good introduction should present the theme of the paper in a succinct manner while providing an overview of your paper.

Generally, a strong introduction will

• State the legal problem/issue;
• Describe why it is important and how your paper contributes to the discussion;
• Provide a road map of your paper; and
• State your conclusion.

Being Objective & Subjective

After your introduction, you should discuss background information on the issue you chose to write about.  This should be an objective overview of the relevant facts and existing law.  Your objective background information section should not be an all encompassing.  Keep this portion of your paper focused on the essential law and relevant facts that support your recommendation for change. 

The bulk of your paper lays in your discussion of the problem and recommendation for change.  This is the subjective portion of your paper.  In this section you should extract the relevant objective material to support your subjective analysis.

Writing a Strong Conclusion

Your conclusion should restate your thesis, summarize your major points, and remind the reader why the issue you've chosen is important.  The conclusion should essentially reword your introduction in a condensed fashion. 

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Mastering Legal Research Questions!

Introduction

Legal research is the cornerstone of the legal profession and serve as the compass that guides legal practitioners through the complexity of laws, regulations, and cases. It is an indispensable skill that enables lawyers, paralegals, and legal scholars to find the information necessary to build strong cases, make informed decisions, and contribute to the evolution of our legal system. An ffective legal research includes the art of formulating precise and well-structured legal research questions.

In the legal world, asking the right questions can be as important as finding the right answers. A well-drafted research question serves as the foundation upon which the entire edifice of legal research is built. Mastering the art of legal research questions is a fundamental skill that every legal professional must acquire.

In this comprehensive guide, team YLCC will focus into the essential aspects of mastering legal research questions. Whether you are a seasoned attorney looking to enhance your research skills or a law student embarking on your legal journey, this article is your roadmap to effective legal research.

Understanding the Basics of Legal Research

Legal research is the systematic process of searching for, retrieving, and analyzing legal information to address specific legal issues or questions. It is a foundational skill that allows legal professionals to interpret, understand, and apply the law effectively. The primary goal of legal research is to find relevant legal materials that can support legal arguments, inform decision-making, and provide guidance in resolving legal disputes.

Legal research includes a wide range of activities, including:

• Examining statutes, regulations, and case law to understand legal rules and principles.
• Investigating legal literature, commentaries, and legal opinions to gain insights and interpretations.
• Analyzing historical legal documents to trace the evolution of legal doctrines.
• Identifying relevant facts and precedents to build strong legal arguments.

Sources of Legal Information

Legal research draws from various sources of legal information, each offering a unique perspective and relevance to specific legal questions. 

These sources include:

• Statutes : Statutes are laws passed by legislatures at the central, state, or district levels. They establish legal rules and regulations that govern various aspects of society. Legal researchers often consult statutes to determine the legal framework for a particular issue.
• Case Law : Case law, also known as judicial decisions, comprises court opinions and judgments of the Supreme Court, High Court, District Courts, or Tribunals and other judicial forums. These rulings interpret statutes and provide precedents for future cases. Legal professionals rely on case law to understand how the law is applied and to argue their cases effectively.
• Regulations : Regulations are rules and guidelines established by administrative agencies to enforce and implement statutes. Researchers use regulations to gain a detailed understanding of how laws are put into practice and to ensure compliance with regulatory requirements.
• Secondary Sources: Secondary sources include legal commentary, textbooks, law review articles, and legal encyclopedias. These materials provide analysis, explanations, and interpretations of the law. They are valuable for gaining a deeper understanding of legal concepts and for finding references to primary sources.

Types of Legal Research

Legal research can be categorized into the following types:

• Primary Research: Primary research involves the direct examination of primary legal sources, such as statutes and case law. It aims to uncover the original texts and decisions that form the basis of legal principles. Primary research is essential for understanding the law’s core concepts and for building persuasive legal arguments.
• Secondary Research: Secondary research involves consulting secondary sources, like legal commentary and scholarly articles, to gain insights and analysis of legal issues. It provides a broader perspective on legal topics, offers historical context, and helps researchers navigate complex legal areas. Secondary research is particularly useful for finding background information and alternative viewpoints.

The Significance of Formulating Clear Research Questions

The formulation of clear and precise research questions stands as a significant practice. Research questions serve as the cornerstones upon which the entire research process is built. The following points help to understand the importance of research questions: 

• Research questions direct legal professionals to concentrate on specific issues or aspects of a case and prevent aimless searches and ensure that the research remains on course.
• They delineate the boundaries of the investigation, preventing it from becoming too broad or too narrow. This helps in maintaining relevance to the legal issue at hand.
• Legal researchers can allocate their time and resources more efficiently by formulating research questions, concentrating on the most critical areas of inquiry.
• Clear research questions provide a framework for analyzing legal materials and guide the process of evaluating statutes, case law, and secondary sources in relation to the issue under examination.
• When research questions are well-structured, legal professionals can more readily identify and locate relevant legal sources. This expedites the research process.
• Ambiguity in research questions can lead to confusion and misinterpretation. Well-drafted questions reduce the chances of misunderstanding and ensure that the research is aligned with the intended objectives.
• Formulating clear research questions necessitates a deeper understanding of the legal issue, encouraging critical thinking and a more comprehensive analysis of legal materials.

To illustrate the impact of research question quality, consider the following examples:

Poorly Formulated Research Question: 

“How do contracts work?”

This question is overly broad and vague, making it challenging to obtain meaningful answers. It lacks a specific focus and doesn’t guide the research effectively.

Well-Structured Research Question: 

“What elements are required to form a legally binding contract under the Indian Contract Act, 1872?”

This question is clear, specific, and focused on a particular legal issue. It defines the scope and jurisdiction, making it easier to find and analyze relevant legal materials.

Tips on Tackling Legal Research Questions

Drafting effective research questions is a critical aspect of mastering legal research, but equally important is the ability to tackle these questions with efficiency and precision. 

The following tips can be helpful: 

• Conduct Preliminary Background Research

Before diving into your legal research, it is essential to conduct preliminary background research. This step helps you gain a foundational understanding of the issue, identify relevant legal terms and concepts, and become familiar with key primary and secondary sources. 

• Start with secondary sources like legal encyclopedias, treatises, and law review articles to grasp the basics of the topic.
• Use legal dictionaries to define unfamiliar terms or phrases.
• Explore case law databases to find relevant precedents that might shape your research.
• Break Down Complex Questions

Sometimes, research questions can be complex and multifaceted. To tackle them effectively, consider breaking them down into smaller, more manageable sub-questions. This approach allows for a systematic and comprehensive analysis of the issue. 

• Identify the key components of the complex question and consider addressing each separately.
• Create a list of sub-questions that will help you explore different aspects of the issue.
• Use sub-questions to guide your research process and gather information methodically.
• Keep a Research Log

Maintaining a research log or journal can be immensely helpful during the legal research process. Documenting your research activities, sources, and findings ensures that you have a record of your research journey. 

Here’s how to effectively keep a research log:

• Note the date and time of each research session.
• Document the sources you consult, including databases, books, and websites.
• Summarize the information you find and cite sources correctly.
• Keep track of search terms and queries that yielded useful results.
• Utilize Advanced Search Techniques

Legal research databases often provide advanced search features that can help you find information more efficiently. 

• Use Boolean operators (AND, OR, NOT) to refine your search queries.
• Employ proximity operators to find words or phrases that appear close to each other in documents.
• Explore filters and facets to narrow down search results by jurisdiction, date, or document type.
• Stay Updated and Verify Information

The legal landscape is constantly evolving. To ensure the accuracy and relevance of your research, it is essential to stay updated on the latest legal developments. 

• Subscribe to legal newsletters, journals, and online legal news sources.
• Verify the currency of statutes, regulations, and case law to ensure that you are working with the most recent versions.
• Consider using citators or case law research tools to check the status of cases and statutes.
• Seek Guidance and Collaboration

Make sure you do not hesitate to seek guidance from experienced legal professionals or mentors when facing challenging research questions. Collaboration can also be highly beneficial. 

• Consult with colleagues or mentors who have expertise in the relevant area of law.
• Visit your local law library or academic library for research support.
• Participate in legal research discussion groups or forums to exchange insights and seek assistance from the legal community.

Common Pitfalls and How to Avoid Them

Legal research, despite its importance, is not without its pitfalls and challenges. The following are practical tips on how to avoid the pitfalls and conduct more effective and rigorous legal research.

• Confirmation Bias:

Pitfall: Confirmation bias occurs when researchers unconsciously favor information that confirms their pre-existing beliefs or hypotheses. It can lead to a skewed interpretation of the law and may result in overlooking critical precedents or arguments.

Avoidance Tips:

• Approach your research with an open mind and a willingness to explore different viewpoints.
• Seek out sources and perspectives that challenge your initial assumptions.
• Engage in peer discussions or consult with colleagues to gain diverse perspectives.
• Reliance on Outdated Sources

Pitfall : Relying on outdated legal sources can lead to incorrect conclusions and legal arguments that are no longer valid. Laws and legal interpretations can change over time, making it essential to use up-to-date materials.

• Always verify the currency of statutes, regulations, and case law.
• Use legal research tools to check the status of cases and statutes.
• When using secondary sources, consider the publication date and the potential for outdated information.
• Overlooking Key Precedents

Pitfall : It is common to miss crucial legal precedents that could significantly impact your research. Failure to identify and analyze relevant case law can result in incomplete or flawed legal arguments.

• Begin your research with a thorough review of relevant case law, especially seminal cases.
• Use citations to find cases that have cited your primary cases to identify any subsequent developments.
• Consult with experienced colleagues or legal researchers to ensure you haven’t missed key precedents.
• Inadequate Citation Practices

Pitfall: Inaccurate or incomplete citation practices can lead to allegations of plagiarism and may undermine the credibility of your legal research.

• Familiarize yourself with the appropriate citation style for your jurisdiction or publication.
• Keep a meticulous record of the sources you use, including page numbers and publication details.
• Double-check your citations to ensure they follow the prescribed format and are accurate.

This article has been written by Team YLCC. For any other queries, reach out to us at: [email protected]

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• Writing Strong Research Questions | Criteria & Examples

Writing Strong Research Questions | Criteria & Examples

Published on October 26, 2022 by Shona McCombes . Revised on November 21, 2023.

A research question pinpoints exactly what you want to find out in your work. A good research question is essential to guide your research paper , dissertation , or thesis .

All research questions should be:

• Focused on a single problem or issue
• Researchable using primary and/or secondary sources
• Feasible to answer within the timeframe and practical constraints
• Specific enough to answer thoroughly
• Complex enough to develop the answer over the space of a paper or thesis
• Relevant to your field of study and/or society more broadly

Table of contents

How to write a research question, what makes a strong research question, using sub-questions to strengthen your main research question, research questions quiz, other interesting articles, frequently asked questions about research questions.

You can follow these steps to develop a strong research question:

• Choose your topic
• Do some preliminary reading about the current state of the field
• Narrow your focus to a specific niche
• Identify the research problem that you will address

The way you frame your question depends on what your research aims to achieve. The table below shows some examples of how you might formulate questions for different purposes.

Using your research problem to develop your research question

Note that while most research questions can be answered with various types of research , the way you frame your question should help determine your choices.

Prevent plagiarism. Run a free check.

Research questions anchor your whole project, so it’s important to spend some time refining them. The criteria below can help you evaluate the strength of your research question.

Focused and researchable

Feasible and specific

Complex and arguable

Relevant and original

Chances are that your main research question likely can’t be answered all at once. That’s why sub-questions are important: they allow you to answer your main question in a step-by-step manner.

Good sub-questions should be:

• Less complex than the main question
• Focused only on 1 type of research
• Presented in a logical order

Here are a few examples of descriptive and framing questions:

• Descriptive: According to current government arguments, how should a European bank tax be implemented?
• Descriptive: Which countries have a bank tax/levy on financial transactions?
• Framing: How should a bank tax/levy on financial transactions look at a European level?

Keep in mind that sub-questions are by no means mandatory. They should only be asked if you need the findings to answer your main question. If your main question is simple enough to stand on its own, it’s okay to skip the sub-question part. As a rule of thumb, the more complex your subject, the more sub-questions you’ll need.

Try to limit yourself to 4 or 5 sub-questions, maximum. If you feel you need more than this, it may be indication that your main research question is not sufficiently specific. In this case, it’s is better to revisit your problem statement and try to tighten your main question up.

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If you want to know more about the research process , methodology , research bias , or statistics , make sure to check out some of our other articles with explanations and examples.

Methodology

• Sampling methods
• Simple random sampling
• Stratified sampling
• Cluster sampling
• Likert scales
• Reproducibility

 Statistics

• Null hypothesis
• Statistical power
• Probability distribution
• Effect size
• Poisson distribution

Research bias

• Optimism bias
• Cognitive bias
• Implicit bias
• Hawthorne effect
• Anchoring bias
• Explicit bias

The way you present your research problem in your introduction varies depending on the nature of your research paper . A research paper that presents a sustained argument will usually encapsulate this argument in a thesis statement .

A research paper designed to present the results of empirical research tends to present a research question that it seeks to answer. It may also include a hypothesis —a prediction that will be confirmed or disproved by your research.

As you cannot possibly read every source related to your topic, it’s important to evaluate sources to assess their relevance. Use preliminary evaluation to determine whether a source is worth examining in more depth.

This involves:

• Reading abstracts , prefaces, introductions , and conclusions
• Looking at the table of contents to determine the scope of the work
• Consulting the index for key terms or the names of important scholars

A research hypothesis is your proposed answer to your research question. The research hypothesis usually includes an explanation (“ x affects y because …”).

A statistical hypothesis, on the other hand, is a mathematical statement about a population parameter. Statistical hypotheses always come in pairs: the null and alternative hypotheses . In a well-designed study , the statistical hypotheses correspond logically to the research hypothesis.

Formulating a main research question can be a difficult task. Overall, your question should contribute to solving the problem that you have defined in your problem statement .

However, it should also fulfill criteria in three main areas:

• Researchability
• Feasibility and specificity
• Relevance and originality

Cite this Scribbr article

If you want to cite this source, you can copy and paste the citation or click the “Cite this Scribbr article” button to automatically add the citation to our free Citation Generator.

McCombes, S. (2023, November 21). Writing Strong Research Questions | Criteria & Examples. Scribbr. Retrieved July 5, 2024, from https://www.scribbr.com/research-process/research-questions/

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Political Research: Methods and Practical Skills (3rd edn)

• Guided Tour of the Online Resources
• 1. Political Research
• 2. Forms of Knowledge: Laws, Explanation, and Interpretation in the Study of the Social World
• 3. Objectivity and Values
• 4. Asking Questions: How to Find and Formulate Research Questions
• 5. Finding Answers: Theories and How to Apply Them
• 6. Research Design
• 7. What is Data?
• 8. Experimental Research
• 9. Comparative Research
• 10. Historical Research
• 11. Surveys
• 12. Interviewing and Focus Groups
• 13. Ethnography and Participant Observation
• 14. Textual Analysis*
• 15. Quantitative Analysis: Description and Inference
• 16. Patterns of Association: Bivariate Analysis
• 17. A Guide to Multivariate Analysis
• Finding and Citing Sources for Political Research

p. 93 4. Asking Questions: How to Find and Formulate Research Questions

• Sandra Halperin Sandra Halperin Professor of International Relations, Royal Holloway, University of London
•  and  Oliver Heath Oliver Heath Professor of Politics, Royal Holloway, University of London
• https://doi.org/10.1093/hepl/9780198820628.003.0004
• Published in print: 17 April 2020
• Published online: August 2020

This chapter deals with the first step of the research process: the formulation of a well-crafted research question. It explains why political research should begin with a research question and how a research question structures the research process. It discusses the difference between a topic or general question, on the one hand, and a focused research question, on the other. It also considers the question of where to find and how to formulate research questions, the various types of questions scholars ask, and the role of the ‘literature review’ as a source and rationale for research questions. Finally, it describes a tool called the ‘research vase’ that provides a visualization of the research process, along with different types of questions: descriptive, explanatory, predictive, prescriptive, and normative.

• research process
• research question
• political research
• literature review
• research vase
• descriptive question
• explanatory question
• predictive question
• prescriptive question
• normative question

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University of Arizona Law 2024 Faculty Research Awards Recognize Diverse Range of Scholarship

The University of Arizona James E. Rogers College of Law has named the 2024 Faculty Research Award winners. The awards highlight the scholarly achievement of University of Arizona Law faculty. This year’s winners are:   

Distinguished Legal Scholar Award: Andrew Coan  

Distinguished Early Career Legal Scholar Award: Eunice Lee  

Distinguished Public Service Scholar Award: Diana Newmark    

Faculty Research Fellowship Award: Barak Orbach    

Director of Empirical & Policy Research Christopher L. Griffin, Jr. , served as this year’s Faculty Research Awards Committee Chair.   

“The faculty colleagues recognized this year are truly distinguished in their contributions to legal scholarship and to the intellectual vibrancy of University of Arizona Law,” said Griffin. “The College is fortunate to have these four outstanding scholars among the faculty.”  

Shalev Roisman , associate professor of law and Distinguished Early Career Scholar; Simone Sepe , Chester H. Smith Professor, and professor of law and finance; and Tara Sklar , faculty director of the Health Law & Policy Program, associate scholar, and Distinguished Public Service Scholar joined Griffin on this year’s Faculty Research Awards Committee, which reviewed materials and recommended this year’s award winners.   

About the Faculty Research Award Recipients  

Distinguished Legal Scholar Award  

Andrew Coan is the associate dean for research, Milton O. Riepe Chair in Constitutional Law, and director of the William H. Rehnquist Center on the Constitutional Structures of Government. Coan’s current scholarship focuses on constitutional change, particularly through the lens of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization . He has written “What Is the Matter with Dobbs ?,” which looks at the role of moral judgments that often underlie cases involving private decision; “ Dobbs v. Brown ,” which examines the analogies drawn by both sides in Dobbs to the landmark Brown v. Board of Education decision; and “Too Much, Too Quickly?,” which addresses the critique that the Supreme Court is changing too much, too quickly.  

His recent work also explores the doctrine of “ enumerationism ,” which limits Congress’s powers to those specifically mentioned in the Constitution. This project includes articles on “The Original Meaning of Enumerated Powers” and “Interpreting Ratification,” both coauthored with University of Wisconsin Law School Professor David Schwartz. Coan and Schwartz are also working on a book under contract with Oxford University Press titled The Myth of Enumeration: Federal Power and the Failure of Originalism .   

Finally, Coan is wrapping up a new article on artificial intelligence and constitutional interpretation called “The Interpretation Machine,” with University of Colorado Law School Professor Harry Surden.  

“Andrew Coan is a prolific witness to the U.S. Supreme Court’s history and the broader significance of its present trajectory, especially since the recent Dobbs decision,” noted Griffin. “His recent publications critically examine originalist arguments and help us better understand this moment of great change at the Court.”  

Constitutional Scholar Andrew Coan Challenges Conventional Wisdom on Originalism, Federal Power and Abortion Rights  

UArizona Law Hosts Leading National Constitutional Law Gathering for Sixth Year  

Distinguished Early Career Legal Scholar Award  

Associate Professor of Law Eunice Lee ’s research centers on migration, citizenship, and borders. As both a legal scholar and anthropologist, she also draws upon social theory and ethnography in her work.  

According to Griffin, “Eunice Lee has written about timely immigration issues in her first four years at the College. She has brilliantly shed light on problems with the federal government’s detention and surveillance practices as well as constitutional deficiencies in border regulation.”  

In the past year, Lee published an article titled “Immigration in the Shadow of Death,” which explores how immigration law places differing values on immigrant lives and normalizes death as part of the process. She also contributed a chapter in Feminist Judgements: Immigration Law Opinions Rewritten ,  published by Cambridge University Press.   

In early summer 2024, Lee was also awarded a Capacity Building Grant from the University of Arizona Office of the Provost, Research Leadership Institute to support research on immigration law in the U.S. territories.   

Lee Analyzes Supreme Court Asylum Cases on SCOTUSblog  

Distinguished Public Service Scholar Award  

Diana Newmark is an associate clinical professor of law and director of the Education Advocacy Clinic. Her teaching and research interests include education law, juvenile law, and children’s rights.  

In her recent article, “The Illusion of Due Process in School Discipline,” Newmark argues that due process is poorly defined and overly deferential to school officials in cases involving exclusionary student discipline (e.g., suspension and expulsion) that often have far-reaching consequences. Newmark’s scholarship draws from her experience directing the Education Advocacy Clinic, which represents Tucson-area children in school discipline proceedings and special education matters. “As we see in the Clinic, school disciplinary proceedings appear unfair to many students and their families,” said Newmark. “Because education is so important to every child, courts and legislatures should recognize more robust legal protections for students whose schools seek to exclude them.”  

Under Newmark’s leadership, the Education Advocacy Clinic recently brought a successful petition to the Arizona Supreme Court for a rule permitting broader advocacy by non-lawyer advocates in education dispute resolution. This rule opened up opportunities for more representation at informal settings, i.e., outside of hearings, where disputes are often resolved.  

“Diana Newmark’s work—in the clinical field, in news media, and in law review pages—grapples with vexing policy questions in our nation’s schools. Her visions for strengthening children’s due process rights and improving how schools approach discipline have impacted national conversations,” said Griffin.   

New Research from Professor Diana Newmark Highlights Issues with Due Process in School Discipline Cases  

Education Advocacy Clinic Leads Initiative to Change a Court Rule Regarding the Practice of Non-Lawyer Education Advocates  

Faculty Research Fellowship Award  

Barak Orbach is the Robert H. Mundheim Professor of Law & Business and founding director of the Business Law Program. He is recognized globally as an expert in antitrust and corporate governance and periodically advises government agencies, companies, boards of directors, investors and trade associations.    

“Barak Orbach is a global thought leader in antitrust law,” noted Griffin. “His deeply important work in the areas of competition and corporate governance is necessary reading as national governments reckon with artificial intelligence and scrutinize big tech practices.”  

Orbach has written prolifically in recent years on antitrust and competition policy for the current technological age. This work includes a series of short papers on topics including “ anti-bigness” sentiments by both progressives and conservatives suspicious of large businesses and institutions, as well as populist public policies and the strikingly different goals among bipartisan coalitions of would-be antitrust reformers. Other topics include greedflation ; shrinkflation and AI-powered cartels , in which AI-based revenue management systems may decrease competition. These papers reached large global audiences of enforcement agencies, lawyers, economists, scholars and specialized reporters.  

Professorship Established by UArizona Law Honors Professor, Corporate Governance Giant Robert Mundheim  

Beyond Breakups: Crafting Antitrust Policy for the Digital Age  

Human Subjects Office

Medical terms in lay language.

Please use these descriptions in place of medical jargon in consent documents, recruitment materials and other study documents. Note: These terms are not the only acceptable plain language alternatives for these vocabulary words.

This glossary of terms is derived from a list copyrighted by the University of Kentucky, Office of Research Integrity (1990).

For clinical research-specific definitions, see also the Clinical Research Glossary developed by the Multi-Regional Clinical Trials (MRCT) Center of Brigham and Women’s Hospital and Harvard  and the Clinical Data Interchange Standards Consortium (CDISC) .

Alternative Lay Language for Medical Terms for use in Informed Consent Documents

A   B   C   D   E   F   G   H   I  J  K   L   M   N   O   P   Q   R   S   T   U   V   W  X  Y  Z

ABDOMEN/ABDOMINAL body cavity below diaphragm that contains stomach, intestines, liver and other organs ABSORB take up fluids, take in ACIDOSIS condition when blood contains more acid than normal ACUITY clearness, keenness, esp. of vision and airways ACUTE new, recent, sudden, urgent ADENOPATHY swollen lymph nodes (glands) ADJUVANT helpful, assisting, aiding, supportive ADJUVANT TREATMENT added treatment (usually to a standard treatment) ANTIBIOTIC drug that kills bacteria and other germs ANTIMICROBIAL drug that kills bacteria and other germs ANTIRETROVIRAL drug that works against the growth of certain viruses ADVERSE EFFECT side effect, bad reaction, unwanted response ALLERGIC REACTION rash, hives, swelling, trouble breathing AMBULATE/AMBULATION/AMBULATORY walk, able to walk ANAPHYLAXIS serious, potentially life-threatening allergic reaction ANEMIA decreased red blood cells; low red cell blood count ANESTHETIC a drug or agent used to decrease the feeling of pain, or eliminate the feeling of pain by putting you to sleep ANGINA pain resulting from not enough blood flowing to the heart ANGINA PECTORIS pain resulting from not enough blood flowing to the heart ANOREXIA disorder in which person will not eat; lack of appetite ANTECUBITAL related to the inner side of the forearm ANTIBODY protein made in the body in response to foreign substance ANTICONVULSANT drug used to prevent seizures ANTILIPEMIC a drug that lowers fat levels in the blood ANTITUSSIVE a drug used to relieve coughing ARRHYTHMIA abnormal heartbeat; any change from the normal heartbeat ASPIRATION fluid entering the lungs, such as after vomiting ASSAY lab test ASSESS to learn about, measure, evaluate, look at ASTHMA lung disease associated with tightening of air passages, making breathing difficult ASYMPTOMATIC without symptoms AXILLA armpit

BENIGN not malignant, without serious consequences BID twice a day BINDING/BOUND carried by, to make stick together, transported BIOAVAILABILITY the extent to which a drug or other substance becomes available to the body BLOOD PROFILE series of blood tests BOLUS a large amount given all at once BONE MASS the amount of calcium and other minerals in a given amount of bone BRADYARRHYTHMIAS slow, irregular heartbeats BRADYCARDIA slow heartbeat BRONCHOSPASM breathing distress caused by narrowing of the airways

CARCINOGENIC cancer-causing CARCINOMA type of cancer CARDIAC related to the heart CARDIOVERSION return to normal heartbeat by electric shock CATHETER a tube for withdrawing or giving fluids CATHETER a tube placed near the spinal cord and used for anesthesia (indwelling epidural) during surgery CENTRAL NERVOUS SYSTEM (CNS) brain and spinal cord CEREBRAL TRAUMA damage to the brain CESSATION stopping CHD coronary heart disease CHEMOTHERAPY treatment of disease, usually cancer, by chemical agents CHRONIC continuing for a long time, ongoing CLINICAL pertaining to medical care CLINICAL TRIAL an experiment involving human subjects COMA unconscious state COMPLETE RESPONSE total disappearance of disease CONGENITAL present before birth CONJUNCTIVITIS redness and irritation of the thin membrane that covers the eye CONSOLIDATION PHASE treatment phase intended to make a remission permanent (follows induction phase) CONTROLLED TRIAL research study in which the experimental treatment or procedure is compared to a standard (control) treatment or procedure COOPERATIVE GROUP association of multiple institutions to perform clinical trials CORONARY related to the blood vessels that supply the heart, or to the heart itself CT SCAN (CAT) computerized series of x-rays (computerized tomography) CULTURE test for infection, or for organisms that could cause infection CUMULATIVE added together from the beginning CUTANEOUS relating to the skin CVA stroke (cerebrovascular accident)

DERMATOLOGIC pertaining to the skin DIASTOLIC lower number in a blood pressure reading DISTAL toward the end, away from the center of the body DIURETIC "water pill" or drug that causes increase in urination DOPPLER device using sound waves to diagnose or test DOUBLE BLIND study in which neither investigators nor subjects know what drug or treatment the subject is receiving DYSFUNCTION state of improper function DYSPLASIA abnormal cells

ECHOCARDIOGRAM sound wave test of the heart EDEMA excess fluid collecting in tissue EEG electric brain wave tracing (electroencephalogram) EFFICACY effectiveness ELECTROCARDIOGRAM electrical tracing of the heartbeat (ECG or EKG) ELECTROLYTE IMBALANCE an imbalance of minerals in the blood EMESIS vomiting EMPIRIC based on experience ENDOSCOPIC EXAMINATION viewing an  internal part of the body with a lighted tube  ENTERAL by way of the intestines EPIDURAL outside the spinal cord ERADICATE get rid of (such as disease) Page 2 of 7 EVALUATED, ASSESSED examined for a medical condition EXPEDITED REVIEW rapid review of a protocol by the IRB Chair without full committee approval, permitted with certain low-risk research studies EXTERNAL outside the body EXTRAVASATE to leak outside of a planned area, such as out of a blood vessel

FDA U.S. Food and Drug Administration, the branch of federal government that approves new drugs FIBROUS having many fibers, such as scar tissue FIBRILLATION irregular beat of the heart or other muscle

GENERAL ANESTHESIA pain prevention by giving drugs to cause loss of consciousness, as during surgery GESTATIONAL pertaining to pregnancy

HEMATOCRIT amount of red blood cells in the blood HEMATOMA a bruise, a black and blue mark HEMODYNAMIC MEASURING blood flow HEMOLYSIS breakdown in red blood cells HEPARIN LOCK needle placed in the arm with blood thinner to keep the blood from clotting HEPATOMA cancer or tumor of the liver HERITABLE DISEASE can be transmitted to one’s offspring, resulting in damage to future children HISTOPATHOLOGIC pertaining to the disease status of body tissues or cells HOLTER MONITOR a portable machine for recording heart beats HYPERCALCEMIA high blood calcium level HYPERKALEMIA high blood potassium level HYPERNATREMIA high blood sodium level HYPERTENSION high blood pressure HYPOCALCEMIA low blood calcium level HYPOKALEMIA low blood potassium level HYPONATREMIA low blood sodium level HYPOTENSION low blood pressure HYPOXEMIA a decrease of oxygen in the blood HYPOXIA a decrease of oxygen reaching body tissues HYSTERECTOMY surgical removal of the uterus, ovaries (female sex glands), or both uterus and ovaries

IATROGENIC caused by a physician or by treatment IDE investigational device exemption, the license to test an unapproved new medical device IDIOPATHIC of unknown cause IMMUNITY defense against, protection from IMMUNOGLOBIN a protein that makes antibodies IMMUNOSUPPRESSIVE drug which works against the body's immune (protective) response, often used in transplantation and diseases caused by immune system malfunction IMMUNOTHERAPY giving of drugs to help the body's immune (protective) system; usually used to destroy cancer cells IMPAIRED FUNCTION abnormal function IMPLANTED placed in the body IND investigational new drug, the license to test an unapproved new drug INDUCTION PHASE beginning phase or stage of a treatment INDURATION hardening INDWELLING remaining in a given location, such as a catheter INFARCT death of tissue due to lack of blood supply INFECTIOUS DISEASE transmitted from one person to the next INFLAMMATION swelling that is generally painful, red, and warm INFUSION slow injection of a substance into the body, usually into the blood by means of a catheter INGESTION eating; taking by mouth INTERFERON drug which acts against viruses; antiviral agent INTERMITTENT occurring (regularly or irregularly) between two time points; repeatedly stopping, then starting again INTERNAL within the body INTERIOR inside of the body INTRAMUSCULAR into the muscle; within the muscle INTRAPERITONEAL into the abdominal cavity INTRATHECAL into the spinal fluid INTRAVENOUS (IV) through the vein INTRAVESICAL in the bladder INTUBATE the placement of a tube into the airway INVASIVE PROCEDURE puncturing, opening, or cutting the skin INVESTIGATIONAL NEW DRUG (IND) a new drug that has not been approved by the FDA INVESTIGATIONAL METHOD a treatment method which has not been proven to be beneficial or has not been accepted as standard care ISCHEMIA decreased oxygen in a tissue (usually because of decreased blood flow)

LAPAROTOMY surgical procedure in which an incision is made in the abdominal wall to enable a doctor to look at the organs inside LESION wound or injury; a diseased patch of skin LETHARGY sleepiness, tiredness LEUKOPENIA low white blood cell count LIPID fat LIPID CONTENT fat content in the blood LIPID PROFILE (PANEL) fat and cholesterol levels in the blood LOCAL ANESTHESIA creation of insensitivity to pain in a small, local area of the body, usually by injection of numbing drugs LOCALIZED restricted to one area, limited to one area LUMEN the cavity of an organ or tube (e.g., blood vessel) LYMPHANGIOGRAPHY an x-ray of the lymph nodes or tissues after injecting dye into lymph vessels (e.g., in feet) LYMPHOCYTE a type of white blood cell important in immunity (protection) against infection LYMPHOMA a cancer of the lymph nodes (or tissues)

MALAISE a vague feeling of bodily discomfort, feeling badly MALFUNCTION condition in which something is not functioning properly MALIGNANCY cancer or other progressively enlarging and spreading tumor, usually fatal if not successfully treated MEDULLABLASTOMA a type of brain tumor MEGALOBLASTOSIS change in red blood cells METABOLIZE process of breaking down substances in the cells to obtain energy METASTASIS spread of cancer cells from one part of the body to another METRONIDAZOLE drug used to treat infections caused by parasites (invading organisms that take up living in the body) or other causes of anaerobic infection (not requiring oxygen to survive) MI myocardial infarction, heart attack MINIMAL slight MINIMIZE reduce as much as possible Page 4 of 7 MONITOR check on; keep track of; watch carefully MOBILITY ease of movement MORBIDITY undesired result or complication MORTALITY death MOTILITY the ability to move MRI magnetic resonance imaging, diagnostic pictures of the inside of the body, created using magnetic rather than x-ray energy MUCOSA, MUCOUS MEMBRANE moist lining of digestive, respiratory, reproductive, and urinary tracts MYALGIA muscle aches MYOCARDIAL pertaining to the heart muscle MYOCARDIAL INFARCTION heart attack

NASOGASTRIC TUBE placed in the nose, reaching to the stomach NCI the National Cancer Institute NECROSIS death of tissue NEOPLASIA/NEOPLASM tumor, may be benign or malignant NEUROBLASTOMA a cancer of nerve tissue NEUROLOGICAL pertaining to the nervous system NEUTROPENIA decrease in the main part of the white blood cells NIH the National Institutes of Health NONINVASIVE not breaking, cutting, or entering the skin NOSOCOMIAL acquired in the hospital

OCCLUSION closing; blockage; obstruction ONCOLOGY the study of tumors or cancer OPHTHALMIC pertaining to the eye OPTIMAL best, most favorable or desirable ORAL ADMINISTRATION by mouth ORTHOPEDIC pertaining to the bones OSTEOPETROSIS rare bone disorder characterized by dense bone OSTEOPOROSIS softening of the bones OVARIES female sex glands

PARENTERAL given by injection PATENCY condition of being open PATHOGENESIS development of a disease or unhealthy condition PERCUTANEOUS through the skin PERIPHERAL not central PER OS (PO) by mouth PHARMACOKINETICS the study of the way the body absorbs, distributes, and gets rid of a drug PHASE I first phase of study of a new drug in humans to determine action, safety, and proper dosing PHASE II second phase of study of a new drug in humans, intended to gather information about safety and effectiveness of the drug for certain uses PHASE III large-scale studies to confirm and expand information on safety and effectiveness of new drug for certain uses, and to study common side effects PHASE IV studies done after the drug is approved by the FDA, especially to compare it to standard care or to try it for new uses PHLEBITIS irritation or inflammation of the vein PLACEBO an inactive substance; a pill/liquid that contains no medicine PLACEBO EFFECT improvement seen with giving subjects a placebo, though it contains no active drug/treatment PLATELETS small particles in the blood that help with clotting POTENTIAL possible POTENTIATE increase or multiply the effect of a drug or toxin (poison) by giving another drug or toxin at the same time (sometimes an unintentional result) POTENTIATOR an agent that helps another agent work better PRENATAL before birth PROPHYLAXIS a drug given to prevent disease or infection PER OS (PO) by mouth PRN as needed PROGNOSIS outlook, probable outcomes PRONE lying on the stomach PROSPECTIVE STUDY following patients forward in time PROSTHESIS artificial part, most often limbs, such as arms or legs PROTOCOL plan of study PROXIMAL closer to the center of the body, away from the end PULMONARY pertaining to the lungs

QD every day; daily QID four times a day

RADIATION THERAPY x-ray or cobalt treatment RANDOM by chance (like the flip of a coin) RANDOMIZATION chance selection RBC red blood cell RECOMBINANT formation of new combinations of genes RECONSTITUTION putting back together the original parts or elements RECUR happen again REFRACTORY not responding to treatment REGENERATION re-growth of a structure or of lost tissue REGIMEN pattern of giving treatment RELAPSE the return of a disease REMISSION disappearance of evidence of cancer or other disease RENAL pertaining to the kidneys REPLICABLE possible to duplicate RESECT remove or cut out surgically RETROSPECTIVE STUDY looking back over past experience

SARCOMA a type of cancer SEDATIVE a drug to calm or make less anxious SEMINOMA a type of testicular cancer (found in the male sex glands) SEQUENTIALLY in a row, in order SOMNOLENCE sleepiness SPIROMETER an instrument to measure the amount of air taken into and exhaled from the lungs STAGING an evaluation of the extent of the disease STANDARD OF CARE a treatment plan that the majority of the medical community would accept as appropriate STENOSIS narrowing of a duct, tube, or one of the blood vessels in the heart STOMATITIS mouth sores, inflammation of the mouth STRATIFY arrange in groups for analysis of results (e.g., stratify by age, sex, etc.) STUPOR stunned state in which it is difficult to get a response or the attention of the subject SUBCLAVIAN under the collarbone SUBCUTANEOUS under the skin SUPINE lying on the back SUPPORTIVE CARE general medical care aimed at symptoms, not intended to improve or cure underlying disease SYMPTOMATIC having symptoms SYNDROME a condition characterized by a set of symptoms SYSTOLIC top number in blood pressure; pressure during active contraction of the heart

TERATOGENIC capable of causing malformations in a fetus (developing baby still inside the mother’s body) TESTES/TESTICLES male sex glands THROMBOSIS clotting THROMBUS blood clot TID three times a day TITRATION a method for deciding on the strength of a drug or solution; gradually increasing the dose T-LYMPHOCYTES type of white blood cells TOPICAL on the surface TOPICAL ANESTHETIC applied to a certain area of the skin and reducing pain only in the area to which applied TOXICITY side effects or undesirable effects of a drug or treatment TRANSDERMAL through the skin TRANSIENTLY temporarily TRAUMA injury; wound TREADMILL walking machine used to test heart function

UPTAKE absorbing and taking in of a substance by living tissue

VALVULOPLASTY plastic repair of a valve, especially a heart valve VARICES enlarged veins VASOSPASM narrowing of the blood vessels VECTOR a carrier that can transmit disease-causing microorganisms (germs and viruses) VENIPUNCTURE needle stick, blood draw, entering the skin with a needle VERTICAL TRANSMISSION spread of disease

WBC white blood cell

Ozempic may be linked to condition that causes blindness, but more research is needed

People taking Ozempic and Wegovy may be at increased risk of developing a debilitating eye condition that can cause irreversible vision loss, a study published Wednesday in JAMA Ophthalmology finds. The authors stressed, however, that more studies are needed to confirm a link between the blockbuster drugs and vision problems.

Non-arteritic anterior ischemic optic neuropathy, or NAION , is a condition that affects the optic nerve, a bundle of fibers that connects to the back of the eye and carries signals to the brain so a person can see. In people with NAION, blood flow to the optic nerve gets reduced or blocked, leading to sudden vision loss.

“It is, in effect, a stroke of the optic nerve,” said senior study author Dr. Joseph Rizzo, the director of neuro-ophthalmology at Mass Eye and Ear in Boston.

NAION is the second most common optic nerve disease in the U.S., occurring in up to 10 out of 100,000 people, according to the American Academy of Ophthalmology , and it’s one of the most common causes of sudden blindness. The condition is permanent with no known treatment. 

The new study was based on an analysis of medical records spanning six years from more than 16,800 patients in the Boston area, none of whom were initially diagnosed with NAION. 

The researchers focused on a subset of those patients — about 1,700 — who either had diabetes, were overweight or had obesity, and compared outcomes after 36 months in those who were prescribed semaglutide to those who weren’t. Semaglutide is the ingredient in Ozempic and Wegovy . 

Almost 200 of the diabetes patients were prescribed semaglutide and 17 went on to develop NAION, a rate more than four times higher than those not prescribed the drug. For the obesity group, 361 people were prescribed semaglutide and 20 people developed the condition, a seven times higher rate. 

Rizzo said that because the findings were based on a review of existing data, researchers can’t say for sure whether semaglutide causes the eye condition. He said a large, randomized controlled clinical trial is still needed to confirm a link. 

“What it does show is an association between taking semaglutide and developing this condition where you lose vision,” he said. 

Dr. Andrew Lee, clinical spokesperson for the American Academy of Ophthalmology and a neuro-ophthalmologist at Houston Methodist Hospital, said he's had some patients who developed NAION who were taking semaglutide , but the question was always whether “this is a causal association or merely an association alone.” 

People with Type 2 diabetes are already at an increased risk for vision problems, including NAION. Another vision problem, diabetic retinopathy, is the leading cause of blindness in adults and is caused by damage to the retina from high blood sugar levels.

What’s more, risk factors for NAION include sleep apnea and hypertension, which are diseases that are more likely to occur in people with obesity. 

Lee said that it’s plausible that weight loss medications could cause the condition, however, it is “premature to conclude” a link based on the single study. “The ​​study can only generate the hypothesis” of a possible link, he said. 

There have been some anecdotal reports suggesting that weight loss drugs may be linked to vision problems, including blurred or warped vision. 

Rizzo said it’s unclear how the weight loss drugs could cause the condition. It could be due to some mechanism with the class of drugs, called GLP-1s , broadly, he said, or something specific to the way semaglutide works. (The study only looked at semaglutide and not other popular weight loss medications such as tirzepatide, the active ingredient in Eli Lilly’s Mounjaro and Zepbound.)

Dr. Susan Mollan, a consultant neuro-ophthalmologist at the University Hospitals Birmingham in the United Kingdom, wrote in an email that past trials in people with diabetes have shown that when a patient’s blood sugar control is tightened, “they may have a paradoxical worsening of their diabetic retinopathy (temporarily),” so it’s plausible that the GLP-1 drugs, which also help control blood sugar, could “have a paradoxical biological effect.” Mollan wrote an editorial that was published alongside the new study.

Rizzo said patients should speak with their doctor if they are concerned about developing the potential health condition.

“As someone who sees patients who have diseases like this, if someone already has visual loss for whatever reason, and they were wondering whether they would go on semaglutide, I would just have added caution,” Rizzo said.

Dr. Shauna Levy, a specialist in obesity medicine and the medical director of the Tulane Bariatric Center in New Orleans, said the findings won’t change how she prescribes the drugs.

“As for now, the risk still seems low,” she said. 

In a statement, a spokesperson for Novo Nordisk said the study is not sufficient to establish a link between semaglutide and the condition.

“Patient safety is a top priority for Novo Nordisk, and we take all reports about adverse events from the use of our medicines very seriously,” the spokesperson said.

Berkeley Lovelace Jr. is a health and medical reporter for NBC News. He covers the Food and Drug Administration, with a special focus on Covid vaccines, prescription drug pricing and health care. He previously covered the biotech and pharmaceutical industry with CNBC.