Free tool · Legal Research and Writing
How to Plan Legal Research, Step by Step: A Research Planner
Good legal research follows an order. Frame the question first, with the facts, the jurisdiction and the type of answer you need. If the area is new to you, start with a secondary source such as a treatise or practice guide to learn the structure and find the leading authorities. Then find and read the primary authority: the governing statute and its definitions, or the controlling cases, or the enabling statute and regulations. Look for cases that interpret a statute, widen the search until the same authorities keep recurring, validate every authority in a citator, and record what you did so that the search can be repeated. The deadline decides how far you can go, and you should say what you did not check.
Tool · Research Planner
8 steps, roughly 6.3 hours of work.
1. Frame the question (about 15 min)
Write the question in one sentence, listing the key facts, the jurisdiction, the area of law and the type of answer needed (a prediction, a drafting choice, a court filing). Note what you already know and any deadline.
Stop when: You can state the issue in a sentence and name two or three search terms.
2. Start with secondary sources (about 60 min)
Use a treatise, encyclopedia, Restatement or practice guide to learn the structure of the area and to find the leading cases and statutes. Record the citations that recur.
Stop when: You can describe the main rule and its elements in your own words, and you have a list of primary authorities to read.
3. Find the primary authority (about 90 min)
Find the governing statute in the current annotated code. Read the definitions, the scope and the exceptions, and the cross-referenced sections. Check the session law for recent amendments.
Stop when: You have found the controlling statute or leading cases and read them, not just their summaries.
4. Find the cases that interpret it (about 75 min)
Use the annotations and a citator on the statute to find the cases that construe the key terms. Prefer binding authority from the highest court in the jurisdiction.
Stop when: The same few interpretive cases keep recurring.
5. Look for regulations and agency materials (about 30 min)
Check whether an agency has made rules or issued guidance under the statute, and whether any court has deferred to or rejected it.
Stop when: You know whether any regulation applies, or are satisfied there is none.
6. Widen the search (about 60 min)
Search by key terms and legal topic for cases and secondary sources on your facts. Look for mandatory authority first, then persuasive authority from other jurisdictions if there is a gap.
Stop when: New searches keep returning authorities you have already read (saturation).
7. Validate everything (about 30 min)
Run every authority through a citator (and statutes through a currency check). Read the negative treatment, and note any pending amendments or appeals.
Stop when: Each authority you will cite is good law on the point, and you know why.
8. Record and decide whether to stop (about 20 min)
Keep a research log of sources, search terms and dates, so that the search can be repeated. Compare your findings against your question: are there gaps?
Stop when: You can answer the question with authority, state the level of confidence and name any open points.
- Currency matters most here: update the search the day before you file or advise, as authority may have changed.
- When you are new to an area, secondary sources are the fastest route in. Do not skip them, and do not cite them for the rule if you can cite primary authority.
- A plan is a guide. If an early step shows that the question is different from what you thought, go back to step 1.
Describe your research question and see an ordered plan: frame the question, start with secondary sources if the area is new, find the primary authority, look for interpreting cases and regulations, widen the search, validate everything and know when to stop. The times are rough guides for a person new to the task. A teaching aid with invented tasks, not legal advice. Runs in your browser; nothing is stored or sent.
How to use it
- Say whether the question turns on a statute, case law or a regulation.
- Say how familiar you are with the area and how long you have.
- Read the ordered plan with the stopping rule for each step.
- Follow it, and keep a log of searches and sources.
Common questions
Why start with secondary sources?
Because they explain the area, give you the vocabulary and point to the key cases and statutes. They are never binding, so you should cite primary authority for the rule.
How do I know when to stop?
When further searches return mostly authorities that you have already read (saturation), the key authorities are validated and you can answer the question with a stated level of confidence.
Can a tool do the research for me?
No. This tool plans the work. You still have to find, read and validate the authority yourself.
Learn the law behind the tool
This tool is part of our Legal Research and Writing course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Legal Research and Writing: Research Fundamentals.
More free law tools
General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.