Legal Research, Citation, and Writing
Legal Research, Citation, and Writing
This domain tests whether you can find the controlling rule, verify that it is still good law, cite it in the correct form, and organize analysis so a reader can follow the reasoning from rule to conclusion.
Research sequence
Start with secondary sources (treatises, practice guides, law review articles) to learn the vocabulary and the leading cases. Then move to primary authority: constitutions, statutes and annotated codes, regulations, and cases. Mandatory authority binds (higher court, same jurisdiction); persuasive authority informs. Use citators - Shepard's on Lexis and KeyCite on Westlaw - to confirm a case has not been overruled, limited, or superseded. Free sources include CourtListener, GovInfo, Cornell's LII, and official federal and state court websites.
Citation
The Bluebook governs most jurisdictions; ALWD is an alternative; California has its own style manual. A case cite is Name v. Name, volume reporter page, pincite (court year). Statutes: 42 U.S.C. § 1983 (2018). Regulations: 29 C.F.R. § 1604.11 (2023). Signals carry meaning: See, See also, Cf., But see, Contra, e.g., Accord. Short forms: id. (for the immediately preceding authority only), supra, hereinafter. Parentheticals explain why the cited authority matters.
Writing
Use IRAC or CREAC for memos; use point headings and a roadmap for briefs. State the rule from the controlling jurisdiction, apply facts to each element, and address the strongest counterargument. Quote accurately and give a pincite for every quotation; paraphrase when the language is not distinctive.
Worked example
You need authority for the proposition that a plaintiff must show purposeful availment for specific jurisdiction. You find a 1985 appellate case, but KeyCite shows a red flag: it was overruled in 2019. The correct move is to cite the overruling decision and a current case applying the standard. Citing the 1985 case alone would misstate the law even though the sentence sounds right.
Traps
- Citing a headnote as though it were the holding.
- Omitting the pincite for a quoted sentence.
- Ignoring subsequent history such as aff'd, rev'd, or vacated.
- Using id. for a source that is not the immediately preceding one.
- Treating a trial court opinion as binding precedent.