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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.For primary materials, determine the kind of law, jurisdiction and appropriate arrangement.Putting all of the factors together to find a relevant document.How to be thorough after you have found a relevant document.

Determine Whether Primary, Secondary or Combined Sources are Most Appropriate

Type of Source or Access Tool General Examples Binding Upon Used For
Primary Constitutions All branches of government. Known item and institutional searches where you need binding authority.
Codes and Session Laws (Statutes at Large) (site) Except as found unconstitutional, all branches of government.
Court Decision Reporters, Case Digests and Words and Phrases Binding upon lower courts of the same jurisdiction and other branches of government.
Codified Regulations or Administrative Codes and Administrative Registers or Regulations (site) Binding upon agency issuing the regulation until repealed.
Administrative Agency Opinions and Rulings Generally binding upon the agency. Sometimes, may only be binding upon the agency with respect to the parties in question.
Secondary Encyclopedias (Missouri Practice), Treatises and Hornbooks, Law Reviews and Bar Journals, Form Books Not binding. Subject, statistical and special experience searches where you need to understand the issues and background of an area of law or problem. Also use to confirm your interpretation of a primary source.
Combined Looseleaf and Newsletter Services, American Law Reports (If ALR were an animal what would it be? Answer) Only primary sources have any binding authority. Use when ease is important. Such sources combine statutes, regulations, commentary, and case law annotations in a topical arrangement with a good table of contents and indexing system.

Other Resources


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© 2001, 2002, 2003, 2004 Paul D. Callister