Legal Research Flexibility Explained

Summary

Legal research is flexible, allowing for varied approaches depending on the issue, jurisdiction, and resources. While standard methods exist, researchers can choose different starting points and sources like statutes, case law, or secondary materials. Research is often non-linear, requiring backtracking. Note-taking tools efficiency varies by preference. Determining when to stop researching can be challenging, influenced by case economics. Sometimes, one legal authority suffices, but researchers should aim for primary authority support. Checking for updates in print sources is crucial. Prioritizing jurisdiction-relevant cases is effective. In cases of first impression, courts may use persuasive authorities or policy arguments.

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As soon as you receive a research assignment you should access print sources, Lexis, or Westlaw, and begin researching. True False
The answer to the statement "As soon as you receive a research assignment you should access print sources, Lexis, or Westlaw, and begin researching" is False. Legal research can vary based on the issue at hand, jurisdiction, and available resources. While Lexis and Westlaw are excellent tools, flexibility in choosing where to start and which sources to use is essential for effective legal research. It might involve statutes, case law, secondary sources, or other relevant materials.
Conducting legal research is rarely a straight line process; there is nearly always some amount of backtracking. True False
The statement "Conducting legal research is rarely a straight line process; there is nearly always some amount of backtracking." is True. Legal research often involves revisiting previous materials or altering the approach based on new findings, ensuring comprehensive and accurate results.
Using an electronic note-taking tool is always more efficient and effective than using a print tool. such as a notebook. True False
The answer to the statement "Using an electronic note-taking tool is always more efficient and effective than using a print tool, such as a notebook" is False. The efficiency and effectiveness of note-taking tools can depend on individual preferences, context, and specific needs. Some may find electronic tools more convenient for organizing and searching, while others may prefer the tactile experience and simplicity of a notebook.
It is always easy for researchers to know when to stop researching. True False
False. Knowing when to stop researching is often challenging for researchers. The decision can depend on various factors, such as the complexity of the issue, the availability of sources, and the point at which sufficient information has been gathered to address the legal question effectively.
In some cases, the economics of a case will dictate how long a researcher can devote to a research task. True False
Case Rating: *
The statement "In some cases, the economics of a case will dictate how long a researcher can devote to a research task" is True. The budget and resources allocated to a case can influence the extent and depth of research conducted, as financial constraints may limit the time and tools available for thorough research.
In some instances, one supporting legal authority will be sufficient to answer a research question. True False
Case Rating: *
The statement "In some instances, one supporting legal authority will be sufficient to answer a research question" is True. Sometimes a single authoritative source, such as a specific statute or landmark case, may directly address and resolve a particular legal issue, making additional research unnecessary.
An effective legal researcher will use the same approach and techniques for every research question, True False
The statement "An effective legal researcher will use the same approach and techniques for every research question" is False. Legal research approaches can vary significantly depending on the specific legal issue, jurisdiction, and available resources. While there are standard methodologies, flexibility is key to tailoring the approach to the unique aspects of each case.
Researchers should aim to have at least one primary authority to support each argument being made. True False
Case Rating: *
The statement "Researchers should aim to have at least one primary authority to support each argument being made" is True. Primary authorities, such as statutes, regulations, and case law, provide the necessary legal foundation and credibility to support arguments, ensuring the argument is well-grounded in the law.
One of the two inflexible rules of legal research is that when using a print source, you do not need to check for any supplements or pocket parts. True False
Case Rating: *
The statement "One of the two inflexible rules of legal research is that when using a print source, you do not need to check for any supplements or pocket parts" is False. It's important to check for updates, supplements, or pocket parts in print sources to ensure the information is current.
Do you have any specific questions about legal research or related topics in Massachusetts?
James has begun researching the topic of guardianship. The annotated statutes he is using list about * case annotations. Which of the following is NOT a good option for James to narrow down the list? He should read newer cases before older ones. He should read cases from higher courts before reading cases from lower courts. He should focus his research on cases from other jurisdictions. He should read cases from his forum jurisdiction before expanding his research efforts to other jurisdictions.
Case Rating: *
Focusing research on cases from other jurisdictions is NOT a good option for James to narrow down the list. It is usually more relevant and effective to prioritize cases from the same jurisdiction where the legal issue will be addressed, as they are more likely to have direct applicability. Do you have any other questions regarding legal research or guardianship in Massachusetts?
Ana is researching law in her state and can find no authorities whatsoever to support the position she wishes to advance relating to a newly emerging issue on cannabis law. It would appear that the courts in her state have not yet considered her research question. This scenario seems to involve a case of
Case Rating: *
This scenario involves a case of "first impression," where there is no existing legal authority or precedent directly addressing the issue Ana is researching. In such cases, the courts may consider persuasive authorities from other jurisdictions or rely on statutory interpretation and policy arguments.
Do you have any other questions about legal research or cannabis law in Massachusetts?