Learn Legal Research

Wednesday, July 19, 2006

Know Where to Look Before You Start Looking

Ask any seasoned attorney for a research horror story, and you're bound to hear the one about the new associate who didn't know the difference between a statute and a regulation. Inexperienced attorneys waste hours of billable time hunting for relevant laws in the wrong sources.

While most understand the basics, many are not familiar with the jurisdictional outlines of specific subjects, particularly in regulatory practices. Most are afraid to reveal any gaps in their knowledge to more senior attorneys.

To ensure a strong foundation for legal research, understand the constitutional allocation of jurisdiction between the state and federal governments, the functions of the three distinct governmental branches, and the operation of preemption of the entire system.

LLR Best Practice: Review Toni Fine's classic treatise, American Legal Systems, for a blessedly short and concise explanation of these concepts.

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