how to write a legal research paper

Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Sep 12, 2023 326 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 5342 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) This resource is also available in Westlaw & Lexis .
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 4671 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 3669 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 656 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• KeyCite Video Tutorial
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Automated Services

Automated services can check your work and ensure that you are not missing important resources. You can learn more about several automated brief check services.  However, these services are not a replacement for conducting your own diligent research .

• Automated Brief Check Instructional Video

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• Last Updated: Sep 21, 2023 2:56 PM
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How to write a legal research paper: All you need to know

This article on “How to write a legal research paper: All you need to know” was written by Vridhi Rai, an intern at Legal Upanishad.

Introduction:

Law is all about analysis, critical thinking, and interpretation. Your capability to put together the analysis of the study of the issues in written form is essential in the practice of law. The research paper is one such way to express your creative and analytic thought process, your vision of the theme, and the originality of your content. The word ‘research’ means a systematic examination of material facts. It can be complex and daunting for law students. But research helps in enhancing your knowledge and cultivating your writing skills. This article will help you understand what is research paper all about and how to write a research paper.

What is a research paper?

A research paper is a piece of academic writing which is based on an author’s original composition in the research and the findings on a given theme or topic. The writing should be owned by the author himself or herself. A good research paper strives to convey the information traced by the author crisply and concisely. The paper is written to examine the theme or the provisions, present your stand on it, and showcase evidence in support in a systematic manner. The true nature of the paper shows you the purpose of the theme or topic. 

What is the aim of the legal research paper?

The aim of the legal research paper can be a subjective question since the writing will indicate what the intended outcome is. There are kinds of writings that would pave a way for courts because it geared toward a certain kind of doctrinal analysis of the court’s interaction with theory and practice. The writings are done for better interpretation of the law. It could also be used to influence policy-making and generate debates. The author has a specific objective and intended audience in mind to serve.

How to write a legal research paper?

Step-1 choose a theme or topic:.

The foremost step in writing a  legal research paper is to select a theme or topic for the research. Select topics that catch your attention or interest. You can pick topics addressing contemporary issues or topics for the intended audience you wish to cater to. It should be novel, innovative, and interesting. While choosing a topic, read pertinent issues from different sources.  You can follow legal news to search for pertinent topics.

In case, you find difficulty selecting a topic, it will be wonderful for you to approach your professors, colleagues, and friends for consultation. Also, never feel hesitant to change the theme or topic of the research, if you feel it is not the right topic or you will not able to research the topic effectively.

Step-2 Research on your topic:

Now, your next task is to research the topic extensively on your selected topic from credible sources. You can refer to different sources by reading legal research pieces from books to online sites like SCC online, Manupatra, and Kluwer Arbitration. Always remember don’t just goggle. Use conventional sources like books and articles, these will give you a broader perspective. Read as much as you can. Reading helps you understand the nitty-gritty of the law provisions. Please beware of the research as this task can be very monotonous. You might lose motivation to perform this task. But hang in there and stay motivated to find interesting facts.

Step-3 Examine and Make a plan:

After researching, your very next step is to examine and make a plan to execute writing a legal research paper. Your research will be comprehensive with ideas. Please develop a detailed outline. Try adding notes to your research work. It can be possible that you might end up adding too much information to your paper. Highlight the key findings from your study. At this stage you are required to identify the goal of your research work, it can be either argumentative or analytic. You have to determine the masses you are wishing to address. The focus and the tone of the paper should b according to the audience you are intending to reach.

To get your Legal Research Paper written by an expert. Contact us.

Step-4 writing the paper:.

The next step is to draft the research paper. Make a final outline of the research work. The outline must have the points to describe the overview of the paper. The basic mantra of legal research is the structure of the paper. The research paper writing should be creative, clear, concise, and comprehensive. The language of your research paper should be easy to interpret. The legal terminologies and material facts are generally very sophisticated and complex. The facts, you are mentioning must be backed by shreds of evidence.

The format of the legal research paper:

The paper should have a proper format that consists of writing styles, referencing styles, page numbering, spacing, and margins. It should also include the headlines, sub-headlines, citations, or credits to the authors and the scholars.

The content of the legal research paper:

The content consists of the following:

Acknowledgment : the content of the paper should include an acknowledgment section that appreciates all the contributors to the research paper for their efforts and encouragement.

Table of contents: it includes the list of the things that you have written in your research paper.

Scope of the research: the scope or object of the research includes the reason for your study. It shows you the skeleton of your research paper. You have stated the problem or issue of the paper.

A literature survey or the sources used in the study: it includes the sources you have referred to in your study. It can be primary or secondary resources. The primary resources include books, statutes, and case laws. The secondary sources include the material you have collected from law articles, journals, and compendiums online or offline.

The hypothesis of the research: the hypothesis is the idea that is suggested to explain the objective of the research conducted by the researcher. It conveys the expectations of the researcher on what basis he started studying the issues, he raised in his paper.

Abstract : abstract shows the gist of the theme you have mentioned in your study. It is like the summary of the findings in your research regarding the theme. It should be written clearly and concisely.

Introduction: the introduction should be well-written to attract the attention of the audience toward the theme you mentioned in your thesis. A glance over the initial paragraphs gives an insight to the readers of your work. The introduction determines whether the research paper is worth reading or not. It should express the research problem, the purpose of your thesis, and background details about the issue you are referring to. It should be short, crisp, and comprehensive.

The main body of the study: the main focus of the paper is the main body of the thesis. The body should be divided into paragraphs along with sub-headings for a better understanding of the facts. Each paragraph should draw the main points of your study. It should begin with the topic’s sentences and should conclude extensively. In the main body, you can add the case laws and judgments.  

The conclusion of the study: the finale of the study should include a summary of the main pointers discussed in the study, it should express your stand or viewpoint towards the research problem. The concluding para of your research can be affirmative or negative in tone. In the end, you can add some suggestive measures to your study.

References or bibliography: at the end of the paper mention the references or the sources links or sites from which you have researched the material facts.

Step – 5 edit and proofread the final draft of the research paper:

Use proper grammar, punctuation, and spelling. Proofreading will help you to find errors in your content. If you need, to make changes to the paper, check and find the logic and legality of the statement. At this stage, you check the plagiarism of your content.

The things that should be considered carefully before drafting the paper:

you need to check the validity of the judgments before mentioning them in the research paper. The validity of the bills mentioned in your study should be carefully considered. The errors related to applicability or jurisdictions should be carefully verified.

Conclusion:

Legal research is not an easy task to perform. It takes a lot of time to conduct it. Constant hard work, attention, motivation, and patience are the factors required to examine and analyze the details. It can be boring. But it will help you in brushing your skills. Your efforts and dedication toward finding more and more material facts will help in shaping you into a good researcher.

It is beneficial for law students for interpreting law provisions, policies, and judgments. It can be used as a medium to influence policy-making procedures and as a tool to aware the masses. Publication of your research papers will act as a stimulating force to your law career. It will help you build your confidence and help them transform into law professionals.

References:

• How to write a legal research paper: guide: how to write a winning research paper?- Legal Desire. Retrieved: https://legaldesire.com/guide-how-to-write-a-winning-research-paper/
• A helpful guide on writing a law research paper- Writing help. Retrieved: https://howtowrite.customwritings.com/post/law-research-paper-guide/
• How to begin with writing a legal research paper- Manupatra- youtube channel-(video file)
• How to write a legal research paper law?|research paper- Eminent law classes-(Video file)
• The aim of writing a legal research paper- the art of writing a legal research paper-Rohini Sen-letter of the law-(video file)

Directed Research Projects

• Getting Started
• Preparing to Research
• The Research Process

Structuring Your Paper

Writing tips, writing resources.

• Checking your Sources
• Getting it Published

There is no strict structure to writing a legal research paper.  Unlike legal memos written for class or documents prepared for court proceedings that require formatted headings such as "Question Presented," "Statement of Facts," etc., legal research papers are not required to contain prescribed content or abide by a particular structure.

That said, below is a typical approach to organizing the content of your research project.

• Introduction (clear statement of your thesis)
• Background information (what is the existing law, if any)
• The problem (explain why the status quo does't work)
• Recommendation for change (what can be done to improve the field and how)
• Conclusion (tie back to your thesis)

If you have any questions about formatting your research project, you should seek advice from your faculty advisor.  Below are some basic guidelines, but keep in mind formatting requirements set forth by your faculty advisor will always supersede instructions provided here.

Generally, directed research papers are formatted as follows:

• 12-point font (Times New Roman or similar)
• Double-spaced lines
• One-inch margins on both sides, top, and bottom
• 10-point font for footnotes (same font as text)
• Bluebook style and rules for all footnotes citations
• Roman numerals and/or letter headings and subheadings (same font as text but bolded and/or underlined)
• Numbered pages in the footer (same font as text)

Table of Contents

Although not required (unless your faculty advisor states otherwise), a table of contents can be helpful to provide your reader with an overview of your research paper and direct them to certain sections.  Your table of contents should mirror your headings and subheadings.  Below is an example of a table of contents.

When to Cite

You must include a citation every time you refer to, paraphrase, or quote a law, case, or another's work.  Most of your sentences will include a citation.  Additionally, when you cite to a law, always cite to the primary source.

How to Cite

The Bluebook, formally titled  The Bluebook: A Uniform System of Citation , is the style manual for citing to legal documents within the United States.  You should use the Bluebook for all your citations in your legal paper.  The white page section contain the citation rules for legal academic publications.

Writing a Strong Introduction

Your introduction is arguably the most important section of your paper because many people will decide to continue reading based on the introduction.  It must grab the reader's attention and explain why what you are writing about is important.

Essentially, the reader should be able to skim the rest of your paper after reading your introduction and have a good understanding of its layout and arguments.  A good introduction should present the theme of the paper in a succinct manner while providing an overview of your paper.

Generally, a strong introduction will

• State the legal problem/issue;
• Describe why it is important and how your paper contributes to the discussion;
• Provide a road map of your paper; and
• State your conclusion.

Being Objective & Subjective

After your introduction, you should discuss background information on the issue you chose to write about.  This should be an objective overview of the relevant facts and existing law.  Your objective background information section should not be an all encompassing.  Keep this portion of your paper focused on the essential law and relevant facts that support your recommendation for change. 

The bulk of your paper lays in your discussion of the problem and recommendation for change.  This is the subjective portion of your paper.  In this section you should extract the relevant objective material to support your subjective analysis.

Writing a Strong Conclusion

Your conclusion should restate your thesis, summarize your major points, and remind the reader why the issue you've chosen is important.  The conclusion should essentially reword your introduction in a condensed fashion. 

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• Next: Checking your Sources >>
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Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

Legal research is imperative to the practice of law. Depending on where you are in your legal career, there could be multiple reasons to brush up on the basics of legal research. You could be a: 

• Law student or recent graduate preparing for your career 
• Seasoned attorney aiming to brush up on the basics amidst ever-evolving legal research technology 
• Growing law firm preparing to train new attorneys or paralegals 

Regardless of which of these categories you align with most, reviewing the basics of legal research should become regular practice. After all, the importance of legal research cannot be overstated – pinpointing the best facts and knowledge for your case can make the difference between winning and losing.  

Use this article to review the basics and set yourself (and your firm) up for success. First, we’ll define legal research and its components. Then, we’ll walk you through a step-by-step process for conducting superior legal research. Finally, we’ll close with recommendations for tools that can help you become both an accurate and efficient legal researcher – which ultimately equips you with a reputation for success in the courtroom.  

What is Legal Research?

Legal research is defined as the process of identifying and retrieving information necessary to support legal decision-making. There are multiple reasons you might conduct legal research: 

• To find “good” case law that backs up your motion or brief  
• To provide legal counsel to clients  
• To provide a memo or brief for class (law students only)  
• To identify case law that refutes an opposing argument 
• To support the over-arching narrative of your case 

What is the Importance of Legal Research?

Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.

Historically, attorneys combed through books and libraries for the perfect facts, cases, and issues; now, technology has largely replaced this process. While the prominence of ever-evolving technology has made the process more efficient (and, in many ways, easier), the sheer number of products and options available can be overwhelming.  

The Legal Research Process

Understanding that the legal research process can be overwhelming and time-consuming, we’ve broken the legal research process down into three key steps: 

• Understand the facts of your case 
• Gather sources of law 
• Check your citations for “good” law 

Each of these steps is detailed below, alongside a quick-view checklist.  

Step 1: Record the Facts of Your Case and Create a Research Plan  

Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case. Ask yourself the following questions: 

• What is the legal issue at hand?  
• What are the details of the case?  
• What jurisdiction is most relevant?  
• Do you need state or federal case law? 

Record your facts in a case management tool before beginning – this can help you develop a course of action and narrow down where to start your research. While it may be tempting to skip this step, a commitment to this process saves you time in the long run by helping you efficiently juggle multiple clients. Not to mention, you will likely need what you’ve recorded to file a motion or brief. 

With the facts of the case recorded, you can begin your research. Because this will help you develop a plan for gathering your sources, we will briefly discuss creating a research plan before moving on to Step 2.  

Did you know? LexisNexis boasts a collection of state case law superior to its leading competitors. Easily filter by jurisdiction before or after your search.  

Creating a Research Plan  

Review the facts you recorded to determine what information you will need to build your case. When legal research first moved online, many attorneys felt the need to start with a free service like Google to identify terms of art before conducting a search in a legal research platform. However, this is no longer necessary. Research platforms like Lexis+ allow you to start your search with a natural language search or question and equip you to quickly comb both primary and secondary sources. Litigators, specifically, can use Fact and Issue Finder – integrated directly with Lexis+ – to help quickly identify the best terms of art for their search.  

Creating your research plan is less about planning where you will search and more about planning what you will search. You know your research can be conducted on one, fully integrated platform. So, what questions will you ask to get started? What legal issues do you need more information about? What filters will you need (jurisdiction, time period, etc.)?  

Once you know what you will search for, you are ready to gather sources.  

Step 2: Gather Sources of Law  

The next step in your process is to gather relevant sources of law. Below, we detail the difference between primary law and secondary law. Importantly, when gathering sources, start with secondary law materials. This helps ensure you are up-to-speed on what experts have to say about a topic before you begin your case law search. Why does this matter? Think about it as building your knowledge base before crafting an argument – you’ll be less likely to make mistakes and more inclined to spot case-winning primary law.  

What are Secondary Sources of Law?  

Secondary legal sources are materials that describe or interpret the law. They are educational resources that provide analysis of the law. These documents are cited by attorneys to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Start with secondary sources to learn from legal experts that have already explored a given topic.  

Secondary sources may include: 

• Practice guides 
• Legal treatises 
• Law review articles 
• Scholarly journals 
• Legal news 
• Jury instructions 
• Legal dictionaries and encyclopedias 

What are Primary Sources of Law?  

A primary legal source is a formal document officially issued by the government that establishes the law on a particular matter, such as a case decision or legislative act. Primary sources are the law. This is the most authoritative step in the legal research process. You can support arguments with primary sources as they are not only authoritative, but precedential and controlling.  

Your primary sources may include: 

• Case law (federal and/or state) 
• Orders 
• Decisions 
• Statutes and regulations 
• Constitutions  
• Treatises 

Step 3: Check to See If You’re Using Good Law   

The final step in your research process should include a final check to ensure you have used “good” law – this means you are using case law that has been treated positively in court (as opposed to case law that has been overturned or brought into question). 

Check your case citations as you collect them, especially since legal research software can allow a quick view of how your case has been treated in court directly from your search results. However, it is best practice to review your citations once your research process is complete to check for any gaps, changes, or oversights.  

Read more about using good law and the process of " Shepardizing ."

Conduct Winning Legal Research  

Following this three-step process ensures you’re taking the right measures to find the most accurate, relevant and valuable data to achieve your objectives. Now that you’re ready to conduct winning legal research, take some time to review products and tools that can help you in your path to success.  

Getting Started with Legal Research Tools   

Legal research is key to drafting effective documents and building winning cases. Legal research solutions have evolved substantially – helping you conduct legal research with increased efficiency and accuracy . Below is a list of legal research tools to help you build a winning case:  

• Lexis +:  This is the premier LexisNexis fully integrated legal research platform. Features such as Shepard's At Risk ensures you’re citing only the most authoritative sources, with unprecedented visibility into whether a case is at risk of being overruled or undermined. Other Lexis+ features include, but aren’t limited to: 
• Brief Analysis: Get a clear picture of the contents of your legal brief to identify any missteps and bolster your arguments against opposing counsel. Simply upload and file and quickly evaluate the legal authority cited in your (or an opposing) brief in granular detail and receive recommendations for additional searches.  
• Litigation Analytics: Get the most accurate insights into judges, courts, attorneys, and law firms to ensure your success in litigation. Understand critical insights regarding caseloads, experience across case types, timing to key milestones, and damages by comparing federal districts and judges. 
• Shepard's ® Citations Service:  See if a case has been overturned, reaffirmed, questioned, or cited by later cases, or is at risk of negative treatment. Your research needs to provide precedential value. Using reversed or overruled authority doesn't qualify as "Good Law" and your research may be ineffectual or harmful to your case.  
• Practical Guidance: View professional insights on 20 different practice areas. Accomplish any task with practice notes, annotated templates, and checklists.  
• Legal News Hub: Receive up-to-the-minute, award-winning journalism and legal news from Law360 and Law360 Pulse anytime you need it — without having to leave the Lexis+ ecosystem. Stay current on critical developments across legal practice areas, with over 70 coverage areas spanning the practice and business of law. 

LexisNexis is here to support your firm in winning your next case. With Lexis+, all of your legal research needs are integrated into one platform as a true start-to-finish solution. Ready to learn more? Take a guided tour of Lexis+ today. 

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5 Key Steps to Writing an Effective Law Research Paper

Written by admin

Updated on: April 7, 2024

Table of Contents

5 Key Steps to Writing an Effective Law Research Paper: Our Legal World

Writing a law research paper is much different and complex than crafting a research paper for other fields. That’s because it involves methodological research, which further requires familiarizing yourself with the current legal precedents, principles, and regulations. So, due to such complexities, students often get overwhelmed when asked to write a law research paper. And if you happen to know any such students, this blog post is for them.

Here, we’ll simplify the art of writing a persuasive research paper for law students with the help of 5 key steps. So, without prolonging this intro, let’s get to those steps.

1.    Select a Relevant and Narrow Topic

Whether you want to write a research paper for law or any other field, the first step you need to perform is to select a relevant topic. This step is paramount to writing an effective research paper because it will help you form the foundation for a compelling and well-researched paper. Therefore, the earlier you complete it, the better it will be for the overall quality of your law research paper.

But choosing a topic for a law research paper is different from selecting a topic for any other writing form. That’s because broader topics are challenging to cover. Therefore, your chosen topic should be specific and relevant to your interest. For instance, you can narrow your research for a topic to a particular point that aligns with your interest or has significance in law.

Sometimes, colleges or universities assign the research paper’s topic to students. So, if this situation represents your use case, all you need to do is pick a topic according to your interest from the assigned ones.

2.    Perform a Thorough but Methodological Research

Like other writing forms and research papers, thorough research is essential to write an effective law research paper. In fact, it’s the backbone of a research paper. Therefore, you should perform it, which is the second step in this guide.

But unlike other writing forms, the research for writing a law paper must be methodological. So, how can you conduct such research?

Well, existing literature can be a great starting point for the research phase of a law research paper. But other than that, you can use a plethora of sources, such as

• Legal databases.
• Scholarly articles.

Thus, looking for relevant data should be your priority while exploring the above-mentioned resources. But other than that, you should also familiarize yourself with the current legal precedents, principles, and regulations. Doing so will help you collect compelling evidence, arguments, and counterarguments, ultimately supporting your research paper and providing an overall comprehensive analysis.

3.    Create a Well-Thought-Out Outline

Suppose you have collected a lot of information and read all the existing written material regarding your research topic. In that case, you might crown your research paper with a lot of information and get carried away. Therefore, to cope with such a situation, we recommend creating a detailed outline, which is the third step of this guide.

Creating an outline and dividing your research paper into logical sections and subsections will help you formulate a coherent and organized structure. So, do that because this way, you can convey your ideas effectively. But remember that each section and subsection you create should relate to your research question and support your thesis.

Thus, once you’ve maintained a clear flow of ideas through the logical sections and subsections, it will ultimately improve your paper’s readability, which means readers can follow your point quickly.

4. Write in a Clear and Precise Legal Language

Documents related to law are famous for their complex and intricate language. But since a law research paper doesn’t intend to educate people having a legal background only, understanding convoluted language can be challenging for readers. And this situation is especially valid when you have to discuss arguments or concepts that are intricate and nuanced. To cater to this, we recommend writing the law research paper in clear and precise language.

Whether you are developing a solid thesis statement or writing your research paper’s introduction, body, and conclusion sections, it is essential to communicate the ideas clearly. And to do that, first of all, you must avoid using complex sentences and wording. Doing so will make your law research paper accessible to the experts and novices in the field.

But if writing content in a simple and easy-to-read manner is challenging for you, you can reword your complex content with any AI-based rephrase tool . Such tools use advanced NLP and AI technologies to paraphrase sentences and simplify their complexities in no time. This will ultimately save you time in simplifying the research paper manually and improves the overall quality of the paper as well.

5.    Don’t Forget to Revise, Edit and Polish Your Work

You’ve got the research and outline, which means, by now, you will have crafted a first draft of your research paper. And if you have, then it’s time to polish that draft by revising and editing it. But how can you do that?

Well, you can perform the following checks:

• Carefully proofread your paper and look for formatting mistakes.
• Besides formatting, don’t forget to check for grammar, punctuation, or spelling errors. But if you need any assistance, we recommend using an AI writing assistant.
• Your research paper will have a plethora of arguments. So, make sure that every one of them flows logically and cohesively throughout your research paper. And also, analyze whether you’ve supported every idea with relevant details.
• The first draft often contains repetitions of ideas. Therefore, you must trim them to polish your work.
• Perform a check for plagiarism on the content of your research paper.
• Remember to cite every source you’ve assisted in formulating your research paper’s data.
• Remember to use the same citation style throughout the research paper.

Thus, by implementing these tips, you can easily polish your research paper and prepare it for the final submission.

Writing a law research paper requires dedication, meticulous research, and thoughtful organization. However, with the proper guideline, you can enhance your chances of producing a compelling and impactful paper.

So, remember to choose a relevant and focused topic, conduct thorough research, structure your paper effectively, and meticulously revise and edit your work. Thus, with practice and persistence, you can master the art of writing an outstanding law research paper that engages readers and contributes to the legal discourse.

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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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A step-by-step guide to writing a Research Paper

The article is written by Bodhisattwa Majumder , from MNLU, Mumbai.

DISCLAIMER : I am not a professional. I am a penultimate year student who takes genuine interest to learn and help others. Every word of this article is based upon my personal experience, and expert advice which I have gained from the Internet, and certain kind individuals whom I have interacted with in my internships, college and LinkedIn. This article is for beginners, who think they have no clue about legal writing.

Table of Contents

Select a topic first, Not the publisher

Yes. Select a topic first. Don’t choose the end first, basing your research topic on a “Call for Paper” would be limiting yourself to their demand, rather than flexing your passion and comfort. Trust me, you will have a lot of journal choices for any type of law you choose.

Take caution! Don’t try to convert your Moot Court Memorials or other assignments into research papers! I have often come across several law students trying to convert their memorials or academic projects into research papers for publications (often sinned that myself too), However, what I have found is, that it is a great setback for budding authors. You might feel that given that as you have already researched that field you have better chances and you will be able to publish easily. Firstly , the topics for the moot research are often not what the publishers or readers want. Secondly , already having worked in a lackadaisical way (projects in my case) brings in boredom and lack of interest and as a result, you are in a hurry to get it done with. After that, the result is a half-hearted submission which has higher chances of rejection. DONT DO THIS. Star afresh. Look for burning issues that align your passion. Research on the requirements of the publishing houses. Consult your professors about the grey areas. Trust me it’ll be much better.

Characteristic of a topic?

The topic should be URI . Unsettled, Relevant and Interesting. All these components are very important and I will tell you why.

Firstly, if it is an already settled topic, then you won’t be able to give any original thought. You would be simply compiling the stuff. You don’t want to do that.

Secondly, if it is 20 years old, nobody cares about it. The recruiters will spot your topic only if it helps them in their practice.

Thirdly, even if it’s a burning issue and unsettled, you will lose interest if its bland and does not match your passion. Take a topic which makes you think.

But, how to find a relevant topic?

It is the most difficult and tenuous process to publish a paper. It has no specific way but I have found the following steps helpful:

• Follow market leaders. Partners, Associates, Firms on LinkedIn. They regularly post the latest issues which they face in practice.
• Follow legal news. Livelaw, Bar&Bench amongst a few.
• Subscribe to Law journals. (might cost a buck)
• Set up Google Alerts on certain keywords.

This will take at least a few weeks. It’s a very boring process but once you get hooked on you will enjoy it.

Research: Where to study from?

You have to develop a knowledge base. This has to be done stepwise.

• Preliminary Knowledge: All the articles you can find on this online through Google Searches, they might sound quirky and local but read what they want to say. Trust me although they are not authentic, but they can be surprisingly precise at times. Very easy to read, so you will not sleep while reading it. This will help you get the basics and set an argument in motion.
• Detailed Reading I:  Books. Commentaries from known publishers such as EBC, LexisNexis, Sweet and Maxwell, Bloomsbury etc. They help understand the nitty-gritty of the subject and also understand the evolution of the law. BUT, be aware they are not often updated and latest case laws might be missing. This will help you frame a tentative argument.
• Detailed Reading II: Journals. Bring in the Big Guns. Manupatra, SCC, HeinOnline, West law et al. You will get the most recent, most updates and most authentic information. This will help you substantiate your arguments and provide the authorities. BEWARE, these are often very complex and might make you sleep. Kick the passion!

Drafting: I have an idea, but can’t frame it!

No one can help you here. You have to put in your twelve years of slavery to practice. Some tips on writing:

• Don’t schedule writing AFTER Research. Write simultaneously. Only when you sit down to write, you will know what you NEED.
• Be precise and simple. No need to throw in jargons.
• Don’t copy as it is. Learn to paraphrase on your mind. Read a sentence, close your eyes and type without looking again. You have the inbuilt power of paraphrasing.
• Try to follow a direction. Make a flow chart if needed. Guide the reader. 
• There should be a connection and straight flow between the sections.
• CITATIONS: Go to a reputed journal which follows your required citation style, look up in old volumes how they have done it. It’s the easiest way out. Googling never helps here.

Where to send the manuscript?

The second-most difficult job. Finding the appropriate journal. A balance between reputation and success rate is to be ensured. If you are reading this article, most probably too reputed will disappoint you and too bad will be a disappointment after all this hard work.

What to look while searching for a journal?

• Genesis:  Year of the first publication, the older it is, the better.
• Frequency (yearly, monthly, annually) : The more the merrier (higher probability).
• Brands associated with it. Either in the form of reviewer, sponsor, editor, publisher. (Always go for an NLU Journal)
• Region:  If it’s a foreign journal, no matter how shitty it is, it will impress the recruiters. 
• Outreach:  Very difficult to find, but usually google help.
• Nature:  If it’s a paid subscription-based, it’s probably good. But not the other way around.

How to find a journal?

• Google: Search with the following keywords. “_____Law + Journal + Submission + Call”, Set advanced search and list by recent.
• Call for papers: Lawoctopus, LawLex etc. Check the ads. But beware, a lot of competition here.
• Follow the heard: Check where your friends or seniors have published before. Ask them.
• Connections: If you have them, you don’t need this article.

Sending process

• INSTALL “mailtrack” already. You need to know whether anyone is reading your emails.
• Always use institutional mail ids for these things. Good impression. Don’t keep any other emails apart from professional mails here. If you MISS it, you will regret for weeks.
• Follow up every 7 days . It is a long process, often takes more than months. Be patient, don’t irritate the editor.
• Make an attractive cover letter. Have a professional DP. Place a detailed signature. I will provide mine:

Relax, and wait for “the mail”. All the best.

Frequently asked Questions

• What do you think is the better route? Writing elaborate papers for journals or writing articles for these online blogs?

You have to do both. Blogs display that you’re up to date and most people read blogs they don’t have time for elaborate papers. But papers look good on CV and displays that you have in-depth knowledge.

• So how many papers one should right?

No watertight answer for this. Based on your capacity. I set a goal of 1 Paper and 2 blogs in two months.

• Any idea what these recruiting firms want to see on your profile?

Based on interviews which I’ve given, they want to see two things:

• Passion: The branch which you are joining, you have some interest on that and you’re just not there for the bucks.
• How to prove you’ve passion? Publications. You’ve applied your mind and you’ve kept in touch with the market
• Who should we ask for guidance?

Different people serve different objects:

• For Topics: Professionals, Teachers.
• For Drafting/where to send: Peers, Seniors.
• Is Co-authorship a good choice?

They are luggage or pullers. Either they will slow you down due to their lack of knowledge or they will move so fast you won’t contribute much. Be clever, go for co-authorship only when the other person knows a person who knows another person . Guaranteed publication, that’s what makes a perfect co-author.

That’s all folks!

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

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Writing a law school research paper or law review note

• Books and articles

Examples of student papers

The three documents listed below were written by 2Ls for the Indiana International & Comparative Law Review. If you are writing for a seminar or an independent study, your parameters might be a little different, but these serve as good examples of general expectations for what can satisfy the advanced writing requirement.  

• Ancient Water Law in a Modern Crisis: An Analysis of Australian Water Law Reform in the United States Context
• Seizing the Initiative on Sexual Assault in the United States Military: The Way Forward
• Striking a Balance: Extending Minimum Rights to U.S. Gig Economy Workers Based on E.U. Directive 2019/1153 on Transparent and Predictable Working Conditions
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• Last Updated: Jul 29, 2022 11:08 AM
• URL: https://law.indiana.libguides.com/c.php?g=1071346

Seminar Paper Research

• Topic Selection
• Preemption Checking
• Guides to Academic Legal Writing
• Interdisciplinary Research
• Evaluating Authority
• Writing the Abstract
• Problems in Constitutional Law Seminar Resources
• Food Law and Policy
• Gender and Criminal Justice Resources
• Equality and Sports

Tips for Writing an Abstract

The abstract is a succinct description of your paper, and the first thing after your title that people read when they see your paper. Try to make it capture the reader's interest.

Outline of Abstract:

Paragraph 1

• Sentence 1: One short sentence, that uses active verbs and states the current state of things on your topic.
• Sentence 2: Describe the problem with the situation described in sentence one, possibly including a worst-case-scenario for what will happen if things continue in their current state.
• Sentence 3: In one sentence, describe your entire paper--what needs to be done to correct the problem from Sentence 1 and avoid the disaster from Sentence 2?
• Sentence 4: What has been written about this? If there is a common consensus among legal scholars, what is it? (Note any major scholars who espouse this vision).
• Sentence 5: What are those arguments missing?

Paragraph 2 :

• Sentence 1-3: How would you do it differently? Do you have a theoretical lens that you are applying in a new way? 
• Sentence 4: In one sentence, state the intellectual contribution that your paper makes, identifying the importance of your paper.

(from " How to Write a Good Abstract for a Law Review Article ," The Faculty Lounge, 2012).

Sample Student Abstracts

The following abstracts are from student-written articles published in Law Reviews and Journals. These abstracts are from articles that were awarded a Law-Review Award by Scribes: The American Society of Legal Writers . You can find more examples of student-written articles by searching the Law Journal Library in HeinOnline for the phrase "J.D. Candidate."

Mary E. Marshall, Miller v. Alabama and the Problem of Prediction, 119 Colum. L. Rev. 1633 (2019) .

Joseph DeMott, Rethinking Ashe v. Swenson from an Originalist Perspective, 71 Stan. L. Rev. 411 (2019)

Julie Lynn Rooney, Going Postal: Analyzing the Abuse of Mail Covers Under the Fourth Amendment, 70 Vand. L. Rev. 1627 (2017).

Michael Vincent, Computer-Managed Perpetual Trusts, 51 Jurimetrics J. 399 (2011).

Other research guides.

NYU Researching & Writing a Law Review Note or Seminar Paper: Writing

The Writing Process

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Legal Writing

• Choosing a Scholarly Paper Topic

Choosing A Topic: An Introduction

Further reading, sources for topic ideas.

• Conducting a Preemption Check
• Evaluating Information
• Keeping Current
• Publishing Your Scholarly Writing
• Avoiding Plagiarism
• Legal Citation & the Bluebook
• Persuasive Legal Writing
• Transactional Legal Writing
• Litigation Focused Writing
• Legislative Drafting
• Judicial Writing
• ADR Drafting

Picking a topic can be the hardest part of writing a substantial paper or journal note. A good topic will make a claim that is both novel and adds to the discussion in a particular area of law.

The first step in choosing a topic is identifying a legal problem. Among other forms, this problem may be a policy concern, a conflict in the law, a gap in knowledge, or an issue surrounding a new legal development.

The second step for choosing your topic is proposing a solution to the problem, which will be the basis of your argument or thesis.

After crafting your thesis, the third step is conducting a preemption check to ensure that your topic has not been preempted by other writing on the subject. This guide details sources for help in selecting a paper topic available through the Ross-Blakely Law Library, as well as freely available online, and offers insight in how to check whether your paper will add new information to the field of law.

Questions to consider in choosing a paper topic When choosing a topic, it may be helpful to consider what subjects, classes, or activities you already enjoy and whether an appropriate topic can be developed from them.

What classes do you enjoy most in law school? What law school organizations do you belong to and what projects were rewarding or useful? What projects from your summer legal employment were interesting? What news stories have you heard lately that troubled you? What areas of law would you like to practice in?

Heather Meeker,  Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers , 1996 Utah Law Review 917 (1996) To be published, a paper must be relevant, meaning the overall topic is important enough to have warranted some discussion. But a paper must also add novel information to its field. This article discusses the balancing act of finding something new in a legal field that has already drawn attention.

Eugene Volokh,  "Finding What to Write About (The Claim)" in  Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review ,  4th ed. (2010)   Tips for research, writing each section of your article, editing your early drafts, and entering competitions or submitting articles for publication.

A Short & Happy Guide to Advanced Legal Research (Ann Walsh Long, 2022) (West Academic password required off campus) Chapter 7 of this brief volume goes into depth on the process of finding, planning, and writing an extended academic paper on the law similar to what professors produce. It recommends seeking expert guidance on a topic and identifies several fertile sources, including circuit splits, state surveys, and law review symposia. It also provides guidance on the preemption check that helps ensure your written product will be unique and valuable, as well as organizing research, editing, and building credibility with comprehensive footnotes crediting experts in the field.

• Circuit Splits
• Hot Legal Topics
• Legal Podcasts
• Legal News Sources

A good way to generate a topic is to look at how different jurisdictions have treated a particular issue. To do this you can examine splits between the circuit courts, in which federal appellate courts from different jurisdictions have disagreed on an important federal question.

U.S. Law Week: Circuit Splits  (Bloomberg Law password required) U.S. Law Week is published weekly by Bloomberg Law.  It includes information on important cases handed down each week and current legal developments. It also has a monthly "Circuit Splits" Feature.

Resources that focus on the "hot topics" in law can be helpful in identifying issues that have not yet been clearly addressed by the courts or legislature and are ripe for academic commentary.

Bloomberg Law - In Focus Resources   (Bloomberg Law password required) Bloomberg Law's In Focus resources are editorially curated pages that provide access to news, commentary, litigation filings, regulatory developments, and practice tools on emerging issues and other topics of note to legal practitioners.

CRS Reports - "Congressional Court Watcher" The Congressional Research Service is a public policy research institute within the United States Congress, tasked with providing research and analysis on topics related to policymaking. From their website, search for "Congressional Court Watcher" to find weekly updates on appellate decisions that may be of interest to lawmakers.

Resources that track and analyze current events and developments in the legal world, such as blogs, may also provide topic ideas. 

ABA Journal Blawg Directory This comprehensive directory of continually updated law blogs allows browsing by topic, author type, region, and law school.

Justia Blawg Search Justia has a listing of over 6,000 law blogs which have been organized in to 75 categories.

Law Professor Blogs Network This is a centralized website for the network of law professor blogs, which are blogs devoted to particular legal subjects written by law professors.

SCOTUS Blog The Supreme Court of the United States Blog provides comprehensive coverage of the U.S. Supreme Court and a wide-ranging array of resources related to Supreme Court cases.

9th Circuit Blog This blog offers commentary and summaries of cases before the 9th Circuit U.S. Court of Appeals.

Arizona Appellate Blog The Arizona Appellate Blog reviews opinions in civil cases from the Arizona Supreme Court and Arizona Court of Appeals.

Global Legal Monitor The Global Legal Monitor is an online publication from the Law Library of Congress covering legal news and developments worldwide. It is updated frequently and draws on information from official national legal publications and reliable press sources.

These podcasts deal with current legal topics and may be useful for keeping current on the law and coming up with an idea for a journal article or seminar paper. For additional legal podcast information, please see the Law Library's Keeping Current: Podcasts guide.

Bloomberg Law Host June Grasso speaks with prominent attorneys and legal scholars, analyzing major legal issues and cases in the news.

Make No Law: The First Amendment Podcast This podcast explores the background of important First Amendment cases and the personalities and history that led to them. Join Ken White, First Amendment litigator and law blogger at Popehat.com, as he interviews some of the people behind America’s most important free speech cases.

Opening Arguments A podcast for people who want to form an opinion about a current legal topic but don’t yet have enough information to do so. It tackles relevant legal arguments and gives you the tools you need to understand the issue. Facts are presented in a neutral manner even though the hosts make their political views no secret.

Stay Tuned with Preet Former U.S. Attorney Preet Bharara breaks down legal topics in the news and engages thought leaders in a podcast about power, policy, and justice.

Bloomberg Law News  (Bloomberg Law password required) The  Subscription & Alert Management  page enables researchers to subscribe to curated newsletters on a variety of subject areas within law and business. 

Law360   (available on campus) Law360 readers may sign up for newsletter alerts of new articles within each Law360 section or materials pertaining to particular law firms by clicking on bell icons and following the prompts. ASU users can access Law360.com while on campus as well as through their Lexis accounts.

Lexis News Directory   (Lexis password required) In the Lexis News Directory, news can be searched by region, by publication type, and by subject.

Westlaw News Directory   (Westlaw password required) From the Westlaw News Directory you can search news by type, by jurisdiction, by topic, and by industry.

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• Next: Conducting a Preemption Check >>
• Last Updated: Jun 3, 2024 10:17 AM
• URL: https://libguides.law.asu.edu/legalwriting

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Legal Method, Research and Writing

• Academic Writing in Law
• Legal Research Basics
• Law Database Guides
• Referencing in Law
• Other Research Resources for Law

Email Ettiquette

THE BASIC RULES

• Don't use an unprofessional email address
• Start with a new e-mail
• Include an appropriate subject heading
• Write a salutation
• Write well!  
• Provide context and background information
• Write a clear and concise message
• Sign your name
• Proofread the e-mail
• Allow adequate time for a reply
• Writing Professional Emails More detailed advice about how to write emails to academic staff

Academic Writing and Research in Law

• UTS Guide to Writing in Law A highly recommended helpful and comprehensive guide to writing law papers.
• Monash University Guide to Writing in Law Law writing guide with helpful Q&A's and tips for planning out case argumentation.
• University of Queensland Legal Research Essentials Introduction to Legal Research by The University of Queensland, Australia

Other Help:

• Quoting, Paraphrasing, Summarising The basic differences in how to writes quotes, how to write paraphrases, and how to write summaries of the sources you find.

Basic Rules

Academic and professional legal writing requires you to develop an argument and demonstrate relationships between the ideas you are expressing. 

Therefore, the ability to express yourself clearly and accurately is important.  Here you will find information to help you improve your writing for any purpose in your law degree.

Academic writing in law is:

Academic writing in law does not:   

Steps to Writing a Law Essay

Throughout your law degree, you will be expected to write a range of different texts, including research essays, responses to problem questions, and case notes.

Not matter the type of text you are asked to produce for an assignment, make sure you follow these steps:

• Plan :  read the questions carefully and think about how you will answer it
• Research :  read, read and read! Make use of everything available to you - don't forget the library!
• Make thorough notes : include all important (and relevant) details and quotes and take note of the source. Make sure you organise your notes so as to make the writing task easier
• Write the first draft :  before you start writing your first draft, refer back to your initial plan and make any necessary changes now you have done your research and gathered your notes. 
• Review and edit :  remember to proofread your work!

The IRAC Method

IRAC is an acronym that stands for: Issue, Rule, Application, and Conclusion. It functions as a methodology for legal analysis and is used as a framework for organising your answer to an essay question in law school.

[ Open All | Close All ]

In legal writing, issues are the core of the essay.

This part of the essay should:

• Identify and state the issue
• Name those involved (plaintiff and defendant) and briefly describe their individual issues
• Work out what body of law may govern the resolution of the issue (e.g. Contract Law)

The rule describes which law applies to the issue. The rule should be stated as a general principle, and not a conclusion to the particular case being briefed.

• Outline the legal principles that will be used to address to the issue
• Source legal principles from cases and legislation

The application is the most important and longest part of your answer. It involves applying the Rule to the facts of the issue and demonstrating how those facts do or do not meet the requirements laid down by the rules. Discuss both sides of the case when possible.

• Explain why the plaintiff's claims are or are not justified
• Identify how the law will be used by the plaintiff and defendant to argue their case
• Use relevant cases and legal principles to support your writing
• Do not try to strengthen your argument by leaving out elements or facts that will hurt it

As with all essays, the conclusion is a statement that identifies your answer to the issue.

• Identify what the result of your argument ir, or what it should be
• State who is liable for what and to what extent
• Consider how the plaintiff and defendant could have acted to avoid this legal issue

Useful Links:

• UWA IRAC Guide This guide from the University of Western Australia offers examples of how the IRAC method can be applied to different cases.
• Law School Survival: The IRAC Method A useful site that presents a detailed outline of the IRAC method as well as skeleton outlines.

Law Writing Media

Additional Resource

Featured Resource

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Related Guides

Proofreading Tool

• Last Updated: Jan 17, 2024 3:38 PM
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Supreme Court Seminar (Dawson)

• Introduction to the Supreme Court
• Chief Justices
• Associate Justices
• Supreme Court Print Sources
• Supreme Court Electronic Resources
• Interlibrary Loan This link opens in a new window

Helpful Books from the Law Library

Getting ready to write, help crafting your seminar paper, using working papers to select a topic, using legal news and blogs to select a topic, avoiding plagiarism.

• Supreme Court Nominations

More Ways to Contact Us

Students submit help requests here .

Faculty and staff submit help requests here .

The following treatises are just a few of the many available treatises that can assist with drafting a seminar paper or understanding the scholarly legal writing process.

• Understand your objective.   Know what type of paper you want to write and how it falls in line with the goals of the class.
• Make sure you are interested in your topic.   You will be spending a lot of time with your seminar paper topic, so having a genuine interest in it can make the process more satisfying and less frustrating.
• Plan ahead.   Thorough scholarly research cannot be done in one day or even a weekend.  One resource that may assist you with developing a writing timeline is an  Assignment Calculator .
• Keep track of your research.   Know what resources you have looked in, what search terms you have used, and when you used these resources.  This will make completing and updating your research easier.  Tools like  Zotero  can help you with this.
• Writing a Student Article This law review article provides fantastic insights into the ins and outs of writing a law school seminar paper.
• Georgetown Law Writing Center - Guides and Handouts A collection of Guides and Handout about Scholarly and Legal Writing covering various topics. Selected guides are linked below.
• Georgetown Law Writing Center- Checklist for Scholarly Writing
• Georgetown Law Writing Center - Checklist for the Writing Process
• Georgetown Law Writing Center- Creating a Good Scholarly Paper
• Georgetown Law Writing Center- Strategies for Outlining Your Scholarly Paper

Looking at working papers from other scholars can assist you by allowing you to see what types of topics are being actively discussed in legal academia.  Two resources for reviewing working papers are detailed below

• Bepress Legal Repository The bepress Legal Repository offers working papers and pre-prints from scholars and professionals at top law schools around the world.
• Social Science Research Network (SSRN) The Social Science Research Network is devoted to the rapid worldwide dissemination of social science research and is composed of a number of specialized research networks in each of the social sciences.

Various legal news resources and blogs (or blawgs) can assist with selecting a seminar paper topic.  The resources below are just of few of the many resources available on the Internet and through subscription services authors can use to locate current events and novel legal issues.

• SupremeCourt.gov
• SCOTUS Blog
• ABA Blawg Directory
• Seton Hall Circuit Review  (Law Review) available via  HeinOnline
• NCCU Library Plagiarism Tutorial   NCCU's main library put together a step-by-step guide to avoid I plagiarism. It is not a law school specific guide; however, it offers a great breakdown of what plagiarism is and how to avoid it.
• Purdue Online Writing Lab: Avoiding Plagiarism   This guide provided by Cornell offers an overview of what constitutes plagiarism, safe practices and exercises.
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• Last Updated: Mar 21, 2024 5:48 PM
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The University of Chicago The Law School

Whose judicial data is it, anyway, in his latest research project, aziz huq focuses on making public data from courts more accessible.

Editor’s Note: This story is the first in an occasional series on research projects currently in the works at the Law School.

Every court case and judicial proceeding generates an enormous amount of data, some of which is either non-public or difficult to access.

What to do with that data is a question that Aziz Z. Huq, the Frank and Bernice J. Greenberg Professor at the Law School has been pondering lately. Huq is coauthoring a paper with Northwestern Law School Professor (and former Chicago Law School Public Fellow) Zachary D. Clopton that they hope will begin a thoughtful discussion of who should control this judicial data and who should have access to it.

If currently hidden data were made accessible and affordable, Huq explains, attorneys and researchers could use it to help find answers to a wide range of constitutional and public policy questions. For example:

• W hen is the provision of legal counsel effective, unnecessary, or sorely needed?
• When and where is litigation arising and what are the barriers to court access?
• Are judges consistent when they determine in forma pauperis status?
• Do judges ’ sentencing decisions reflect defendants ’ observed race, ethnicity, or gender?
• Are any state and local governments infringing on civil rights though their policing or municipal court systems?

According to Huq and Clopton, judicial data could be used to help clarify the law in ways that advance legality and judicial access, reveal shortfalls in judicial practice, and enable the provision of cheaper and better access to justice.

That potential has increased dramatically with the advent of AI and large language models (LLMs), such as ChatGPT.

“I had been writing about public law and technology, especially AI, for about five years. I became curious recently about why, of all the branches of government, only courts have been left largely to their own devices when it comes to collecting, archiving, and releasing information about its work,” said Huq.

While the legislative and executive branches have an extensive body of constitutional, statutory, and regulatory provisions channeling Congress and executive branch information—and countless public debates about transparency and opacity in and around both elected branches—the federal judiciary still relies on ad hoc procedures to determine what data to collect, preserve, and make available.

As a result, Huq and Clopton believe that “a lot of valuable data is either lost or stored in a way that makes it hard to use for the public good.”

Meanwhile, the authors note that large commercial firms such as Westlaw (owned by the Thomson Reuters Corporation), Lexis (owned by the RELX Group), and Bloomberg are moving to become the de facto data managers and gatekeepers who decide on the public flow of this information and who capture much of its value.

“At minimum, these developments should be the subject of more public discussion and scholarly debate,” said Huq. “Until now, however, one of the biggest obstacles to having that discussion is a lack of information about what data is at stake. It became apparent that we didn’t know why we knew what we knew, and we didn’t know what we didn’t know.”

The Scope of the Data

There were no studies about the full scope and depth of judicial data currently being preserved by the various courts’ disparate procedures—and no certainty about what other data could be preserved if there was a concerted effort to do so.

To fill that gap, Huq and Clopton drew on primary sources and previous scholarship, and then supplement ed that research with anonymized interviews with selected judicial staff and judges.

They quickly discovered that, with no regulatory framework to guide them, institutional practices varied widely among federal courts. Different courts save different types of data, organize it differently, and make different types available to the public.

Even significant judicial data that has been collected is often kept just out of reach. For example, the cover sheets that are filed in every civil case contain a treasure trove of useful information, such as the court’s basis of jurisdiction, the type of relief sought, and the nature of the suit .

“A comprehensive database of civil cover sheets,” the authors write, “would be an extremely valuable source of insight into the timing, cyclicality, substance, and distribution of civil litigation in federal courts.”

Defective Delivery of Data

While federal courts make some data available via the Public Access to Court Electronic Records (PACER) database, that archive is neither comprehensive nor easy to use, and with a 10 cents per page public access fee, expensive, especially for large research projects. Moreover, its search capabilities are limited; PACER does not allow the user to search by judge and does not permit full-text or natural-language searches.

The Federal Judicial Center ’ s Integrated Database suffers from similar defects, as do the courts’ various statistical reports.

Huq and Clopton’s paper demonstrates how these database design choices — kludgy interfaces, limited search options, requiring downloads to proceed page-by-page and at a fee — have the effect of partly privatizing this info by driving the public to commercial firms, who then get to decide what data they want to make available and at what price.

Data Should Be Open, Not Opaque

In the authors’ view, openness and transparency are critical ingredients for making an institution that all Americans would recognize as a true “court.”

“To be clear,” Huq said, “we are not saying the courts must disclose everything. We recognize that there are privacy and other interests at stake and there needs to be some balance and debate around them. But we do believe there are some things we could all agree that the courts could be required to do now. So, our article focuses on that low-hanging fruit and seeks to provoke a conversation rather than partisanship.”

Huq and Clopton’s article will be published this summer by the Stanford Law Review .

Charles Williams is a freelance writer based in South Bend, Indiana.

Counterclaim

Ai generator.

Counterclaims challenge assertions, injecting debates with fresh perspectives. They expose weaknesses in arguments and force critical thinking. Engaging with counterclaims strengthens your position, compelling you to address and refute opposing views. This dynamic exchange sharpens your reasoning, making your argument more robust and persuasive. Discover the power of counterclaims and elevate your discourse to a higher level of rigor and credibility.

What is Counterclaim?

A counterclaim is a statement or assertion made to oppose or refute another claim. It is typically used in arguments, debates, or legal contexts where one party presents an argument and the opposing party presents a counterargument to challenge the initial claim. The purpose of a counterclaim is to provide an alternative perspective or evidence that contradicts the original claim, thereby testing its validity and strength.

Counterclaim Examples in Paragraph

Main Argument : Social media has a negative impact on mental health. Counterclaim : However, some studies suggest that social media can have a positive impact on mental health by providing a sense of community and support.

Main Argument : Homework is beneficial for students’ learning. Counterclaim : On the other hand, critics argue that homework can lead to excessive stress and take away from valuable family time.

Main Argument : Online education is less effective than traditional classroom learning. Counterclaim : Conversely, many educators believe that online education offers flexibility and can be just as effective, if not more so, for self-motivated students.

Main Argument : Renewable energy sources are the best solution to combat climate change. Counterclaim : Yet, some experts claim that the high cost and technological challenges of renewable energy make it an impractical solution in the short term.

Main Argument : Implementing a four-day workweek can increase productivity. Counterclaim : Nevertheless, some businesses argue that a four-day workweek could lead to a decrease in overall output and disrupt standard business operations.

Counterclaim Examples in Argumentative Essay

Topic 1: the benefits of online education.

Claim: Online education provides flexibility and accessibility, making it a superior alternative to traditional classroom education.

Counterclaim: Some argue that online education lacks the personal interaction and immediate feedback available in traditional classrooms, which can hinder the learning process for some students.

Topic 2: The Necessity of Animal Testing

Claim: Animal testing is essential for medical advancements and the development of new drugs.

Counterclaim: Critics contend that animal testing is inhumane and often ineffective because animal models do not accurately replicate human biology, leading to unreliable results.

Topic 3: The Impact of Social Media on Society

Claim: Social media has a positive impact on society by connecting people and fostering communication.

Counterclaim: Opponents argue that social media contributes to mental health issues, such as anxiety and depression, and can lead to a decrease in face-to-face interactions.

Topic 4: The Role of Homework in Education

Claim: Homework is a necessary part of education that reinforces learning and helps students develop responsibility and time management skills.

Counterclaim: Some believe that excessive homework can lead to student burnout and stress, diminishing its educational benefits and negatively impacting students’ well-being.

Topic 5: The Legalization of Marijuana

Claim: Legalizing marijuana would provide economic benefits through taxation and reduce the burden on the criminal justice system.

Counterclaim: Critics argue that legalization could lead to increased substance abuse, particularly among young people, and pose public health risks.

Counterclaim Examples in Writing

Claim : Video games contribute to violent behavior in children.

Counterclaim : Conversely, video games can enhance cognitive skills such as problem-solving, strategic thinking, and hand-eye coordination, which can benefit children in various aspects of their development.

Claim : Working from home reduces employee productivity.

Counterclaim : On the other hand, working from home can increase productivity by providing a flexible and comfortable environment, reducing commuting stress, and allowing for better work-life balance.

Claim : Electric vehicles are too expensive for widespread adoption.

Counterclaim : However, the long-term savings on fuel and maintenance, along with government incentives and decreasing battery costs, make electric vehicles an increasingly affordable option for many consumers.

Claim : Artificial intelligence will lead to massive job losses.

Counterclaim : Yet, artificial intelligence can also create new job opportunities in tech development, maintenance, and other sectors, potentially leading to a net gain in employment.

Claim : Organic food is not worth the higher price.

Counterclaim : Nevertheless, organic food can offer health benefits by avoiding synthetic pesticides and fertilizers, and it often has a smaller environmental footprint, making it a worthwhile investment for some consumers.

Contents of a Counterclaim

• Clearly state the counterclaim.
• Indicate that it is a response to the initial claim.
• Provide factual evidence, statistics, or examples to back up the counterclaim.
• Use credible sources to strengthen the argument.
• Explain why the counterclaim is valid.
• Discuss the logic and reasoning that support the counterclaim.
• Recognize the initial claim to show understanding and consideration of opposing views.
• Address specific points from the initial claim.
• Use evidence and reasoning to refute the points of the initial claim.
• Highlight the weaknesses or flaws in the initial claim.
• Summarize the key points of the counterclaim.
• Reinforce why the counterclaim is stronger or more valid than the initial claim.

How to write a counterclaim?

Step 1: identify the main claim.

Understand the main argument and determine the central point that your counterclaim will oppose.

Step 2: Research the Opposing View

Gather credible evidence supporting the opposing view and analyze the argument to understand the reasons behind it.

Step 3: Develop Your Counterclaim

State your counterclaim clearly with a precise statement that directly opposes the main claim. Provide evidence using factual data, statistics, expert opinions, or examples to support your counterclaim.

Step 4: Explain the Counterclaim

Present your reasoning by explaining why the counterclaim is valid and how it challenges the main argument. Address potential rebuttals by anticipating and responding to counter-arguments against your counterclaim.

Step 5: Conclude with Impact

Summarize your position by reinforcing the strength of your counterclaim. Link back to the overall argument to show how your counterclaim fits into the broader discussion.

How to Present a Counterclaim?

• Introduce the Counterclaim: Clearly state the opposing viewpoint.
• Provide Supporting Evidence: Use data, studies, or logical reasoning to back up the counterclaim.
• Explain Its Relevance: Show why this opposing viewpoint is significant and how it affects the main argument.
• Refute or Concede: Either refute the counterclaim by explaining why it is less valid than the main claim or concede its points but argue why the main claim still holds stronger.

What is the purpose of a counterclaim?

1. refute the opposing argument.

A counterclaim directly challenges the validity of the opposing party’s claims. By presenting a counterclaim, a writer or speaker demonstrates that they have considered alternative perspectives and can logically refute them.

2. Strengthen the Main Argument

Including a counterclaim can enhance the credibility of the main argument. By acknowledging and addressing opposing views, the argument appears more balanced and well-reasoned. This approach can persuade neutral or undecided audiences.

3. Demonstrate Critical Thinking

Presenting a counterclaim shows that the writer or speaker has engaged in critical thinking. It indicates that they have not only considered their own position but have also analyzed and understood the opposition. This depth of analysis often strengthens their overall argument.

4. Encourage Open Dialogue

Counterclaims foster open and constructive dialogue. In debates, discussions, and written arguments, addressing counterclaims helps create a more comprehensive conversation. It allows all parties to feel heard and respected, leading to a more thorough exploration of the topic.

5. Prepare for Rebuttal

In legal contexts, a counterclaim can prepare the ground for a rebuttal. It allows the defending party to present their own claims and defenses against the initial allegations. This strategic move can shift the focus and pressure back onto the original claimant.

6. Enhance Persuasiveness

By tackling counterclaims head-on, the writer or speaker can preempt potential objections from the audience. This proactive approach can make the main argument more persuasive, as it leaves fewer gaps for the opposition to exploit.

7. Showcase Comprehensive Understanding

Addressing counterclaims demonstrates a thorough understanding of the subject matter. It indicates that the writer or speaker is well-informed about different perspectives and can engage with them thoughtfully and effectively.

8. Legal Benefits

In legal proceedings, a counterclaim can serve as a strategic tool. It allows the defendant to introduce their own claims against the plaintiff, potentially leading to a more favorable outcome or settlement.

How to Respond to a Counterclaim

Understand the counterclaim.

Before you respond, ensure you fully comprehend the counterclaim. Analyze the main points, evidence, and logic used. This understanding will allow you to address the counterclaim accurately.

Acknowledge the Counterclaim

Start your response by acknowledging the counterclaim. This shows that you respect differing viewpoints and are willing to consider them. Use phrases like:

• “While it is argued that…”
• “Some believe that…”
• “It is often claimed that…”

Refute with Evidence

After acknowledging the counterclaim, present evidence that contradicts it. Use data, statistics, expert opinions, or factual information to support your argument. Ensure your evidence is relevant and reliable. For example:

• “However, studies show that…”
• “Contrary to this belief, the data indicates…”
• “Experts in the field argue that…”

Highlight Logical Fallacies

If the counterclaim contains logical fallacies, point them out. Common fallacies include hasty generalizations, false causality, and ad hominem attacks. Explain why these weaken the counterclaim.

Reinforce Your Position

After refuting the counterclaim, reinforce your original argument. Summarize your main points and explain why they hold more weight. Ensure your argument remains clear and logical.

Use Respectful Language

Maintain a respectful tone throughout your response. Avoid using dismissive or confrontational language. This approach helps maintain a constructive dialogue and makes your argument more persuasive.

Benefits of Using Counterclaims

• Enhances Credibility : Acknowledging and addressing opposing viewpoints demonstrates that the arguer has considered multiple perspectives, which can enhance their credibility and reliability in the eyes of their audience.
• Strengthens the Argument : By refuting counterclaims, an arguer can strengthen their original position. This process not only shows the weaknesses in opposing views but also allows the strengthening of the initial argument by comparison.
• Improves Critical Thinking : The process of identifying and addressing counterclaims requires deep understanding and critical analysis of the topic. This cultivates a more thorough and nuanced approach to argumentation.
• Engages the Audience : Introducing counterclaims can make an argument more engaging by introducing complexity and depth. It challenges the audience to think critically and consider different sides of an issue.

How to Effectively Use Counterclaims

• Identify Strong Counterclaims : Choose counterclaims that are relevant and have a strong basis in logic and evidence. Weak counterclaims can undermine the original argument if they are easily refuted.
• Provide Evidence : Just as with the main claim, supporting the rebuttal of a counterclaim with solid evidence is crucial. This may include statistics, citations, or logical reasoning.
• Link Back to the Main Argument : After addressing a counterclaim, it’s important to link back to the original argument. This reinforces the strength of the initial position and shows how the consideration of the counterclaim enhances the original point.

Differences between Claim and Counterclaim

Counterclaims in Academic Writing

Counterclaims are crucial in academic writing because they demonstrate the writer’s understanding of the complexity of the issue. By acknowledging and addressing opposing viewpoints, writers can strengthen their arguments by:

• Enhancing credibility: Showing awareness of different perspectives.
• Improving critical thinking: Analyzing and refuting counterclaims requires deeper understanding.
• Strengthening persuasiveness: Anticipating objections and addressing them can make the main argument more convincing.

How to Effectively Integrate Counterclaims into Essays and Research Papers

• Identify Appropriate Counterclaims : Understand the opposing arguments related to your topic.
• Position Your Counterclaims : Introduce them at strategic points, typically after stating your main argument to provide a balanced view.
• Acknowledge the Validity : Recognize the strengths of the counterclaims to show fairness.
• Refute or Rebut : Clearly explain why your main argument still holds stronger despite the counterclaims.
• Conclude Effectively : Reinforce your main argument in light of the counterclaim discussion.

Techniques for Researching and Substantiating a Counterclaim

• Diverse Sources : Utilize academic journals, books, and reputable online sources to gather information on opposing views.
• Critical Analysis : Evaluate the strength and validity of the counterclaims.
• Evidence-Based Support : Use statistical data, expert opinions, and historical examples to back up your rebuttal of the counterclaims.

Permissive Counterclaim

A permissive counterclaim is a type of legal claim that a defendant can bring against a plaintiff in a lawsuit but is not required to for the current case to proceed. Unlike a compulsory counterclaim, which must arise from the same transaction or occurrence as the plaintiff’s initial claim and needs to be litigated along with it, a permissive counterclaim does not have to be connected to the plaintiff’s original lawsuit.

Characteristics

• Connection to Original Claim: A permissive counterclaim does not need to be related to the original claim. It can be based on a different set of facts.
• Discretion to File: The defendant has the discretion to file a permissive counterclaim in the same lawsuit or may choose to file it as a separate lawsuit.
• Jurisdictional Requirements: Since permissive counterclaims are not inherently linked to the original claim, they must independently meet jurisdictional requirements such as subject matter and personal jurisdiction.

Strategic Use

Defendants might use permissive counterclaims strategically to:

• Introduce additional issues into the proceedings that could be favorable to their case.
• Pressure the plaintiff into settling by increasing the complexity and potential costs of litigation.
• Address separate disputes with the plaintiff in a single judicial proceeding, potentially saving on legal costs and time, provided jurisdictional requirements are met.

What is a Rebuttal?

A rebuttal is a response to a counterclaim. It involves arguing against the counterclaim by providing evidence or reasoning that supports the original position or undermines the counterclaim. Rebuttals are crucial in demonstrating the strength and validity of the initial argument, and they help to persuade the audience by discrediting opposing viewpoints.

The Interplay

In a debate or a structured argument, the counterclaim and rebuttal serve as essential components of a dynamic discussion. They ensure that multiple viewpoints are considered, and they challenge each side to substantiate their positions thoroughly. This not only enriches the discourse but also promotes critical thinking and a deeper understanding of the subject matter.

The Legal Perspective on Counterclaims in Litigation.

A counterclaim is a claim made by a defendant in a lawsuit against the plaintiff. Essentially, it is a lawsuit within a lawsuit, where the defendant turns the tables and sues the plaintiff. This legal maneuver allows the defendant not only to defend against the plaintiff’s claims but also to assert their own claims arising out of the same transaction or occurrence.

The purpose of a counterclaim is to efficiently resolve all disputes between the parties in a single legal proceeding. This helps to save time and resources by avoiding multiple lawsuits over interrelated issues. Additionally, it can be a strategic tool for the defendant, as it might lead to a more favorable settlement by putting pressure on the plaintiff.

How Counterclaims Differ from Claims and Defenses

While both claims and counterclaims involve asserting one’s rights or allegations against another party, the key difference lies in who initiates them. A claim is initiated by the plaintiff to commence the lawsuit, whereas a counterclaim is initiated by the defendant in response to the plaintiff’s claim.

A defense is a reason provided by the defendant on why the plaintiff’s claim should not succeed, such as lack of evidence, expiration of the statute of limitations, or consent. In contrast, a counterclaim is an independent claim against the plaintiff that seeks affirmative relief, like monetary compensation or an injunction, and not just a denial of the plaintiff’s allegations.

Types of Counterclaims and Their Implications

Compulsory counterclaims.

Compulsory counterclaims are those that arise out of the same transaction or occurrence as the plaintiff’s original claim and must be raised in the same lawsuit. Failing to raise such counterclaims can result in them being barred from future litigation. This rule is designed to encourage efficiency by resolving all related claims in one proceeding.

Permissive Counterclaims

Permissive counterclaims do not arise from the same transaction or occurrence as the plaintiff’s claim. They can be raised in the ongoing lawsuit but are not required to be. The defendant has the choice to bring them up in the current lawsuit or file a separate suit at a later time.

Examples from Case Law

• Intellectual Property Dispute : In a notable case, a company sued for patent infringement responded with a counterclaim alleging that the plaintiff’s patent was invalid and that they, in fact, infringed upon the defendant’s patent. This not only served to defend against the original claim but also put the plaintiff on the defensive.
• Contract Dispute : In a breach of contract lawsuit, the defendant counterclaimed for coercion and fraud, alleging that the contract was signed under duress and contained fraudulent terms. This approach shifted some focus away from the breach and onto the plaintiff’s conduct.
• Real Estate Litigation : In a property dispute, the defendant might counterclaim for a declaratory judgment to establish property rights, which goes beyond merely defending against the plaintiff’s claim and seeks to clarify legal rights for future security.

Why is a counterclaim important in legal cases?

Counterclaims help assert a defendant’s position and can facilitate a more equitable resolution.

How do you write a counterclaim?

Begin by stating the opposing viewpoint, then present evidence and arguments that support your position.

When should you file a counterclaim?

File a counterclaim during the pleading stage of a lawsuit, ideally with your initial response.

What can be addressed in a counterclaim?

A counterclaim addresses disputes directly related to the original claim’s issues and facts.

Can a counterclaim be filed in any lawsuit?

Yes, counterclaims can be filed in most civil lawsuits where relevant and permissible by law.

What are the types of counterclaims?

There are compulsory and permissive counterclaims, determined by their connection to the original lawsuit.

What happens if you don’t file a counterclaim?

Failing to file a compulsory counterclaim might bar you from suing on that issue in the future.

How does a counterclaim affect the original claim?

A counterclaim can alter the course of litigation by introducing new facts and shifting burdens.

Can a counterclaim be dismissed?

Yes, a counterclaim can be dismissed if it’s deemed unsubstantiated or irrelevant to the case.

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