Legal Research

Legal Research Basics

Legal research is the process of finding and understanding the law that applies to a specific question. This guide covers the fundamentals: jurisdiction, authority, and a simple sequence to follow.

What Legal Research Is

Legal research means locating accurate, current legal sources — and understanding which ones actually apply to your situation.

Why jurisdiction matters

Laws differ between states, and between state and federal systems. Research in the wrong jurisdiction can point you toward a rule that has no bearing on your situation.

Why dates matter

Laws change. A statute can be amended, and a court decision can be limited or overruled. Always check whether a source still reflects the current law.

Why court level matters

A ruling from a state’s highest court generally carries more authority than a ruling from a lower trial court in the same state.

Why authority is ranked

Not all legal sources carry equal weight. Understanding primary versus secondary, and binding versus persuasive authority, helps you judge how much a source actually proves.

Types of Legal Authority

Legal authority comes in several forms, each created differently and used differently.

Constitutions

The foundational law of a government, setting out its structure and basic rights.

Statutes

Written laws passed by a legislature, such as Congress or a state legislature.

Regulations

Detailed rules created by government agencies to carry out a statute.

Court Rules

Procedural rules that govern how cases move through a specific court.

Judicial Opinions

Written decisions by courts explaining how they resolved a legal dispute.

Administrative Decisions

Rulings issued by government agencies acting in a judge-like role.

How Authority Is Ranked

Sources aren't all equally weighty. These four concepts describe how strong a source is.

Primary Authority

The actual law itself — constitutions, statutes, regulations, and court opinions. This is what you ultimately rely on.

Secondary Authority

Materials that explain or comment on the law, such as legal encyclopedias, treatises, and law review articles.

Binding Authority

Primary authority that a court must follow, usually because it comes from a higher court in the same jurisdiction.

Persuasive Authority

Authority a court may consider but does not have to follow, such as a decision from a different state or jurisdiction.

Federal, State, and Local Law

Where a rule comes from affects who it applies to.

Federal Law

Law that applies across the entire United States, created by Congress, federal agencies, and federal courts.

State Law

Law that applies within a specific state, created by that state's legislature, agencies, and courts.

Local Rules

Rules specific to an individual court or municipality, often governing procedure or local ordinances.

A Basic Research Sequence

There's no single right way to research, but this order works well for most questions.

  1. 1Identify the issue.
  2. 2Identify the correct jurisdiction.
  3. 3Learn the important legal terms.
  4. 4Find primary legal authority.
  5. 5Read the full source.
  6. 6Check whether the authority is still valid.
  7. 7Compare related cases.
  8. 8Save citations and notes.

Secondary sources have a role, but not the final word

Secondary sources, like legal encyclopedias or plain-language guides, can help you understand a topic quickly. They generally do not replace primary authority — the actual constitution, statute, regulation, or court opinion that governs your situation.

Frequently Asked Questions

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CaseCompass provides general legal education and research guidance. Laws and procedures may differ by jurisdiction. This information is not legal advice and does not create an attorney-client relationship.