Steps in doing legal research, including essential tips and legal research resources to help prepare for your case.
In doing legal research, your goal is to be sure you can present your case in court. You must be able to tell the court what you want, present the relevant facts and evidence supporting the facts, present legal arguments with legal authorities to support your claims, and explain why your arguments require the result you want in your case. Legal research is done to find support in the law for the legal arguments you are trying to make to win your case.
Analyze the information to determine what the relevant facts are.
For example, what is the subject matter, place or property of your concern? What is the overall problem and what is the desired resolution? Who are the people involved? There may be other resources outside of a lawsuit, like mediation or arbitration, which would meet your needs without having to file a lawsuit.
Determine what laws apply and in what jurisdiction.
For example, is the issue covered under South Dakota law? Are there any county or city municipal ordinances that apply?
Most legal research involves state statutes because states are able to make their own laws in many areas. For example, South Dakota has its own specific laws in areas like custody, divorce, landlord-tenant laws and some injuries. Some areas are covered by both state and federal law including consumer protection, employment and some agriculture regulation. State laws generally give way to federal laws which are stricter and cover the same issue. Federal law covers things like copyrights, patents, bankruptcy, federal taxes and Social Security.
Local ordinances, including city and county laws, apply to things like building standards, construction, rent control, noise and nuisance, public health and safety, business licenses, parking, civil rights and discrimination. These laws apply to city or county residents, homeowners, landlords, tenants and small business owners. Local ordinances can never be less strict that federal or state law.
Determine what resources are available.
Your local library may have books to assist with legal research, like the one published by NOLO, to help you find and understand the law. You may need to consult things like a legal encyclopedia, a treatise or legal periodical. Pay attention to key words and terms you can use to dig deeper. Also look for references to certain statutes, regulations, ordinances and codes, or relevant cases, specific to your question and jurisdiction. Dictionaries and thesauri might provide ideas for additional words or concepts to search. For a list of legal research resources, see the list below. It is also important to verify the resource you are using is current and up-to-date.
Once you have an understanding of some key issues or words to research, you can narrow down your search. For example, if you have a question about a second DUI charge in South Dakota, you can go to the South Dakota Legislative Research Council website and use the site search to find the relevant statute or law that applies to your question. A search of "Second DUI" will bring you to Driving While Under the Influence and section 32-23-3 lists information regarding the punishment for the second offense.
Sometimes, when there are disputes over statutes, judges interpret the statutes through case law. By issuing opinions or decisions on cases they oversee, words and meanings of statutes are clearer. Lawyers and legal researchers can use case law to help explain their disputes or issues. They often look for cases that are similar to the issue they are facing. Often, a search of a certain statute will lead you to relevant case law in that area.
A legal dictionary to assist in understanding legal terminology, principles, and concepts.
Find federal regulations for everything from agriculture and public property to benefits and energy.
Cornell's Legal Information Institute
Search for any legal details and terms related to areas of interest like copyrights, bankruptcy and military branches.
Find a lawyer, learn about a legal issue or research cases.
House of Representatives, Office of the Law Revision Counsel
Access the United States Code for the general and permanent laws of the United States of America.
Access detailed infomration about bills, resolutions, and legislative activities in the U.S. Congress.
Click through a free collection of legal definitions from A to Z for your research purposes.
Learn how best to do research for your case and understand the law as a non-legal person.
South Dakota Administrative Rules
Access the full collection of Administrative Rules in South Dakota that are active, transferred, repealed.
Find the full list of current South Dakota Codified Laws listed online for your exploration.
United States Supreme Court Opinions
Access all United States Supreme Court decisions and cases back to 1760 in this database.
Learn how to represent yourself in court with information on starting a court action, filling out forms, doing legal research, preparing for court and a checklist.
Find information about attempting to settle a case, resolving a dispute through mediation, preparing for court, and how to make special court arrangements.
Topics in this section provide an overview of the court system in South Dakota—what the courts job is, how the courts work, and how the courts serve the public and society.