Legal Research and Writing
Legal research starts with classifying authority. Primary authority includes constitutions, statutes, regulations, ordinances, and court decisions; secondary authority includes treatises, law review articles, encyclopedias, and practice guides. Mandatory (binding) authority comes from a higher court in the same jurisdiction or a controlling statute; everything else is persuasive. Use citators such as Shepard's or KeyCite to verify that a case is still good law and to find subsequent history. Statutory research usually begins with an annotated code, which supplies legislative history and interpreting cases. Writing should follow IRAC or CREAC: issue, rule, explanation/application, conclusion. Quote accurately with pin cites, distinguish holding from dicta, and never cite a headnote as the court's language. Traps: citing a secondary source as binding; relying on an overruled case; treating a federal district court decision as mandatory in another district; using an unpublished opinion without checking local rules; and failing to update research before filing. Worked example: a client asks about a state statute. Start with the annotated statute, read the notes of decisions, then citator-check the leading case; if the state supreme court has interpreted the statute, that interpretation is mandatory for state trial courts. Rule of thumb: mandatory authority must be (1) same jurisdiction, (2) higher court or controlling legislature/agency, and (3) on point; if any factor fails, label it persuasive.