Analysis in Legal Research
Too often, searching for relevant information and the ultimate analysis of facts to law is disjointed. That's because teaching the analysis of the law is often left up to the doctrinal professors or the writing professors. But analysis is inherent to the legal research process. Using the 4-step legal research process to find relevant information requires that the researcher has the ability to analyze the law to select the material that will aid in their arguments. Legal research is inevitably a back-and-forth process. The researcher starts with secondary sources to get a better understanding of the cause of action. The researcher moves onto the codified law to understand what needs to be analyzed in light of the facts of the case. The researcher then continues with binding and persuasive precedent to craft arguments by comparing facts and analogizing or distinguishing from case precedent. A researcher cannot begin to know what types of binding and persua...