By Stephen Elias, Editors of Nolo
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Additional info for Legal Research: How to Find & Understand the Law
Example text
If you think of a set of nesting boxes, which always seem to have yet another smaller box inside, you will have a pretty good idea of how this works. The background materials you will use in your research also are organized this way, dividing their contents into smaller and smaller subject categories. As a first step in performing effective legal research, then, you need to be able to think of your problem in terms of these categories. Then you’ll be able to find relevant background materials and really get going on your legal research.
Definitely it is a personal injury case, a civil matter, negligence. Let’s see, in order to recover for negligence, some action or inaction on the part of the supermarket must have been wrongful. In this situation it probably wasn’t an intentional tort, but more likely carelessness, or negligence. Hmm, whether the market was negligent probably depends on how long employees let the peel remain on the floor before the accident. ” This exercise in stream-of-consciousness writing demonstrates how lawyers reduce problems to smaller parts and classify the parts according to familiar—to them—legal jargon.
In the past, civil procedure varied considerably from state to state and court to court. Now, many states have procedures that are very similar to the Federal Rules of Civil Procedure that are used in all federal courts. However, although the trend is definitely toward national uniformity, courts’ procedures still vary from one location to the next. Rather than provide a list of civil procedure categories here, we refer you back to Chapter 3, Section F, for a close reading of court procedures. That material will provide some categories to start your research.