Effective Legal Research and Fact Analysis

Step 1: Identify and Analyze Significant Facts

The researcher’s first task is to identify and analyze the facts of the problem. Some facts have legal significance; others do not. The process of legal research begins with compiling a descriptive statement of legally significant facts. Factual analysis is the first step in identifying the legal issues that will be researched.

The TARP Rule

A useful technique is to analyze facts according to the following factors:

• T – Thing or Subject Matter: The place or property involved in a problem or controversy may be important.
• A – Cause of Action or Ground of Defense: Identify the claim that might be asserted or the defense that might be made.
• R – Relief Sought: What is the purpose of the lawsuit? It might be a legal civil action in which a party bringing the suit is seeking monetary damages, or an action where a party is asking the court to order another party to do a specific act or refrain from doing a specific act.
• P – Persons or Parties Involved: Identify the parties, persons, or groups significant to the solution of a problem or outcome of the lawsuit. Consider their functional and legal status and their relationship to each other.

Step 2: Formulate the Legal Issues

The goal is to classify or categorize the problem into, first general, and then increasingly specific, subject areas and to begin to hypothesize legal issues. For example: Is it a matter of civil or criminal law? Federal or state law? Does the litigation involve contracts, torts, or both?

Consult Secondary Sources

To assist in formulating issues, it is useful to consult general secondary sources for a summary of relevant subject areas. Secondary sources can provide useful background information.

Create a Logical Outline

Once statements of the issues have been drafted, they should be arranged in a logical pattern to form an outline.

Step 3: Research the Issues Presented

After the facts are analyzed and the probable issues are formed, it is time to begin researching the first issue.

Organize and Plan Your Research

Being methodical, systematic, and organized while keeping good records is important.

Identify and Update Primary Authorities

Identify, read, and update all relevant constitutional provisions, statutes, and administrative regulations. This provides the framework on which the rest of the research is built. Key resources include:

• Statutory Compilations
• Electronic Legal Research
• Secondary Sources

Identify and Update Case Law

Identify, read, and update all relevant case law.

Refine the Search

Refine the search as necessary to ensure all legal nuances are addressed.

Step 4: Update

Perform a final update to ensure all cited authorities remain valid and current.