Legal Research, Writing and Legal Process: Method and Persuasion
Research method
Legal research starts with identifying the issue, then locating primary sources (legislation and case law) and secondary sources (texts, journals, explanatory memoranda). Use authorised reports and consolidated legislation. Citators and noting-up services confirm whether a case or provision is still good law. Statutory interpretation uses the text, context, and purpose, with extrinsic materials available in defined circumstances.
Writing
Legal writing should be structured: issue, rule, application, conclusion. Use plain English, short sentences, and accurate citation. Distinguish ratio decidendi from obiter dicta. In problem questions, apply the law to the facts; in essay questions, argue and support with authority.
Legal process
Understand the court hierarchy, precedent, and the doctrine of stare decisis. Appeals are generally on law, sometimes on fact. Alternative dispute resolution is encouraged; know negotiation, mediation, and arbitration.
Traps
- Citing a case without checking whether it has been overruled.
- Confusing ratio with obiter.
- Ignoring the purpose of a statute when interpreting it.
- Writing a summary of the law without applying it to the facts.
Worked example
A problem asks whether a retailer owes a duty to a customer injured by a falling shelf. Identify the issue, state the negligence rule, apply it to the facts (occupier's duty, foreseeability, breach), and conclude. Support each step with authority, and note any factual gaps that would need evidence.