I still remember being given my first reading lists during the first week of my undergraduate law degree. I had hundreds of pages of textbooks that I needed to read, and no prior knowledge to back me up. Predictably, this resulted in many nights of stressed-out reading as I tried to learn the basics of my first-year modules. I would like to believe that my legal research skills have improved since that point and, as such, I want to share some of the techniques that helped me research new areas of law. By no means is this article a collection of “cheat codes” that will allow you to master contract law in a week. Rather, it is my assessment of what worked for me when I was tasked with researching new, unfamiliar areas of law.
Textbooks
Textbooks are often the ideal place to start when researching new areas of law. To make full use of textbooks, however, you need to know where to look and what to look for. Finding relevant textbooks can be surprisingly hard, especially if you have not had a proper look around your university library. Some universities offer library tours or inductions, which show you around the physical library space and point you toward online library resources. These events are very useful, as they will show you where to find textbooks and other valuable resources that will aid you in your research. If you cannot attend one of these events, take the time to familiarise yourself with your university library services as early on as possible. This will save you a lot of time later on.
Getting the most out of a good textbook requires a lot of reading, but some of the most valuable information can be found within a place that is all too often ignored: the footnotes. Within the swathes of tiny text, you can find many key cases, insights and details that will deepen your understanding of the content covered by the textbook. Footnotes are particularly useful when researching content for essays, as they often lead you to additional material that will expand your knowledge of new areas of law.
Online Resources
Once you have a basic understanding of a new area of law, you should try to learn about the key issues and points of contention within the law. This is where online resources come in. Powerful search engines such as Westlaw and LexisNexis are perfect for finding material that will deepen your knowledge of a new area of law. These tools have different sections to search for specific types of material, allowing you to research different perspectives on the development of the law.
Perhaps the most useful type of resource is a journal article. Journal articles critically analyse the law, providing an overview of some attitudes toward key legal issues. This allows you to identify the problems within the law and some of the solutions proposed to address them, giving you a much deeper perspective on the status of a new area of law. To make full use of a journal article, you may want to look through the references within the “relevant material” or “references” subsection on the search engine. These subsections contain other articles that directly engage with the original, allowing you to develop a more well-rounded understanding of the area of law you are researching. However, when doing this, you must make sure that you are reading material that is still relevant to your area of law. You can check by looking at the “topic” bar on the side of the search engine you are using.
Cases
As with all legal research, reading cases is crucial to learning about new areas of law. However, it can be easy to miss key information when reading cases about a new and unfamiliar topic. As such, you should properly structure your notes to avoid missing out on details. The following structure captures the most important aspects of most cases:
· Facts: Outline the facts of the case. Try to focus more on the key facts, rather than unnecessary specifics. For example, the exact weight of cargo in a commercial law case may not be relevant to the legal reasoning within the case.
· Outcome: Summarise the outcome of the case. If the judge ruled on multiple points of law, make sure you note all of these down.
· Reasoning: Summarise the reasoning given by the judges. Make sure you understand how the judges analysed the facts and arguments in the case to reach the aforementioned outcome. Note down any dissenting or concurring judgements by individual judges to ensure you understand their reasoning.
This structure will allow you to differentiate between cases based on their facts, outcomes, and reasoning. Through this, you can track the development of key principles and doctrines that have shaped your area of law. Understanding the underpinnings of the law will make it much easier to critically engage with, helping you to achieve high-quality results in your work.
Furthering Your Understanding
The above advice should give you a solid foundation upon which you can build your knowledge of a new area of law. By this point, you will understand the principles and doctrines that make up the law, and you will be aware of some of the attitudes that academics hold toward the law. You can, however, further your knowledge to push for top marks in your work.
One good way to do this is to research the future of your area of law. Future developments in the law are usually set in motion by policymakers, so policy documents are perhaps the best source of insight here. You can find policy documents such as law commission reports on Westlaw and LexisNexis by looking in their “policy” sections. Law commission reports are very useful because they contain detailed research and analysis of an area of law that is ripe for reform. This makes law commission reports particularly useful if you are asked to propose a reform of your area of law.
Another way to further your understanding of your area of law is to look for it in the news. Find a reliable source of news, and look through the “law”, “politics” and “business” sections for any references to issues that may be relevant to your area of law. When you find a good article, read through it, and think about how it may impact your area of law. Are there any new developments that could create opportunities or challenges in the law? Is the law being exploited to produce problematic outcomes? Is the law being used in a particularly innovative way? By asking yourself questions such as these, you will deepen your understanding of the real-life implications of your area of law so that you can analyse it more thoroughly.
Overall, the most important thing to do when researching a new area of law is to remain patient. Law is a very complex subject with many nuances and inconsistencies, so do not be surprised if it takes a while to become good at researching it. However, if you persevere, the seemingly arduous task of researching a new area of law will become second nature, and you might even find that you grow to enjoy it. Whatever the case, I hope that my advice will provide you with an adequate place to start.
Alex is a University of Exeter LLB Law graduate and aspiring commercial solicitor. He has received awards for his negotiation, debating and project management skills, and he has worked pro bono both for the University of Exeter Law Clinic and Citizens Advice.
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