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Thinking About Legal Research Problems

By Paul D. Callister, JD, MSLIS

Library Director & Associate Professor of Law



Find out everything you can about the research problem.Define the kind of information problem.Determine whether primary, secondary or combined sources are most appropriate.For primary materials, determine the kind of law, jurisdiction and appropriate arrangementPutting it all together to find a relevant documentBeing Thorough

The Octants of Legal Research--Explanation

Learning to match legal research tools and resources to particular problem types is an art, but there are some general rules that can help.  Legal research tools can be divided between primary and secondary sources (combined resources are omitted for the sake of simplification) as well as by print and electronic media.  Searches can further be divided up by problem type.  The resulting divisions (at least with respect to the first two problem types--known item and subject) can be mapped on a three dimensional model as shown below. 

As a general rule, the best place to start a known item search (e.g., a California case in which the court found that a fetus could not be a human being in a murder trial) is with primary, electronic sources (the area shaded in blue).   On the other hand, for subject searches (e.g., understanding digital licensing agreements), you are better off with secondary, print sources. 

There are many research tools and resources which fall into the other octants(i.e., three-dimensional quadrants).  To view an interactive quiz, illustrating how resources and techniques from the octants are best utilized, click here.  Resources and techniques from other octants are often best used in later stages of the research cycle

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