Paralegal Certification PrepLegal Research and WritingMedium
A paralegal is preparing a legal research plan for a complex environmental law case. The initial step, after identifying the legal issue, is to gain a broad overview of the relevant law. Which research method is generally recommended as the starting point for gaining a foundational understanding of an unfamiliar legal topic?
- ADirectly searching for binding primary authority (statutes and cases).
- BReviewing recent law review articles on the topic.
- CConsulting secondary sources (e.g., legal encyclopedias, treatises).
- DInterviewing subject matter experts.
Show answer & explanationAnswer & explanation
Correct answer: C. Consulting secondary sources (e.g., legal encyclopedias, treatises).
When starting research on an unfamiliar legal topic, secondary sources like legal encyclopedias and treatises provide an excellent overview, explain basic concepts, identify key primary authorities, and help formulate search terms, saving time and ensuring a comprehensive approach.
Why the other options are wrong
- A. Starting directly with primary authority can be inefficient if the topic is unfamiliar, as you may not know which statutes or cases are relevant.
- B. Law review articles are valuable but often focus on narrow, cutting-edge issues and assume some foundational knowledge.
- D. Interviewing experts can be helpful later, but it's not the initial research 'method' for gaining a broad legal overview.
Legal Research Starting Point
The initial phase of legal research, typically involving secondary sources to gain a foundational understanding of a legal topic.
- Begin with secondary sources for an overview.
- Helps identify key terms and relevant primary authorities.
- Provides context before diving into specific statutes or cases.
Memory trick: To 'Start' your 'Research', 'Seek' 'Secondary' 'Sources' first.