Legal Research and the Use of Source Materials: Essential Skills for Law Students

Legal research stands as the foundation of effective legal practice. When lawyers face a legal problem, they must systematically investigate both facts and law to determine the rights, duties, and liabilities of the parties involved. This process of seeking recorded information to arrive at authoritative legal conclusions is essential for every legal practitioner.[^1]

As King George II reportedly observed, “Lawyers do not know much more law than other people, but they know better where to find it.” This insight captures a fundamental truth: success in legal practice depends not just on memorized knowledge, but on knowing how to efficiently locate and analyze relevant legal materials.

Why Research Matters

The Dynamic Nature of Law

Law is not static but constantly evolving through new legislation, judicial decisions, and scholarly interpretations.[^2] Understanding the nature, functions, and objectives of law helps researchers appreciate why legal positions change over time. What was considered settled law yesterday may be questioned or overturned today.

Through thorough research and advocacy, a lawyer may persuade courts to adopt new interpretations or even reverse prior decisions, contributing to the development of jurisprudence. This process demonstrates how legal reasoning approaches problem-solving in a systematic way that builds upon precedent while allowing for innovation.

A lawyer engaged in thorough research must supplement lecture notes and textbooks with statutes, case law, journals, articles, and other relevant materials.[^3] This comprehensive approach ensures that legal conclusions are based on current, authoritative sources rather than outdated information.

Access to Primary Sources

While secondary sources like textbooks provide valuable context and explanation, they represent someone else’s interpretation of the law. Primary sources—the law itself as expressed in statutes and judicial decisions—remain the ultimate authority. Familiarity with the various sources of law in Nigeria is essential for any legal researcher in the jurisdiction. A lawyer who relies solely on secondary sources risks misinterpreting or misapplying the law.

The Law Library: A Lawyer’s Laboratory

The law library serves as the lawyer’s laboratory—a repository of information in various formats that enables legal analysis and problem-solving.[^4] Understanding how to navigate this resource efficiently is crucial for effective research, as detailed in guides on legal research and the use of source materials.

The Role of the Librarian

A skilled law librarian can significantly streamline the research process by helping identify relevant sources and assemble materials. While not all libraries have specialized legal librarians, their assistance can be invaluable, particularly for complex research questions.

Library Organization

Most law libraries organize their collections according to classification systems.[^5] The most common are:

1. Library of Congress Classification: Uses letters to designate broad subject areas, with “K” typically representing law
2. Dewey Decimal System: Uses numbers for classification

Each book receives a unique call number that indicates its location. For example, in the call number K146.C57:

• K identifies the broad subject area (Law)
• 146 specifies the particular legal subject
• C represents the first letter of the author’s last name
• 57 further identifies the author

Books are shelved alphabetically by the subject letter, then numerically by the subject numbers, and finally alphabetically and numerically by author indicators.

Using the Library Catalog

Library catalogs provide information about all materials in the collection.[^6] Most catalogs allow searches by:

• Author (the main entry, containing the most comprehensive information)
• Title
• Subject

Key Legal Materials

Statutes and Legislation

In federal systems like Nigeria, each level of government (federal, state, and local) maintains its own system of laws. Understanding how legislation is created involves appreciating legal reasoning in the legislative process, which explains how lawmakers craft and interpret statutory provisions.

When researching statutes, consider:

• Which jurisdiction’s law applies
• Current status of the law, including amendments
• Compilations like the Laws of the Federation of Nigeria (LFN)

Law Reports

Law reports provide verbatim accounts of judicial decisions. Understanding legal reasoning in judicial processes helps researchers better interpret these decisions and their implications. A typical report includes:

• Case name and citation
• Date of the decision
• Court and judges involved
• Headnote summarizing the case
• Facts of the case
• Counsel names
• Full text of judgments

Important Nigerian law reports include the Nigerian Weekly Law Reports (NWLR), Supreme Court of Nigeria Judgments (SCNJ), and the Federation Weekly Law Reports.

Finding Case Law

To locate a specific case, you might:[^7]

1. Use the citation: If you know the citation (e.g., Marina Nominees Ltd. v. F.B.I.R. [1986] 2 N.W.L.R. (Pt 20) 40), you can directly find the volume and page.
2. Consult case indexes: These list reported cases by subject matter, helping you find relevant authorities on specific issues.
3. Check recent issues: For new cases not yet included in indexes, review recent law report issues.

Legal Periodicals

Journals offer insights on emerging legal issues and specialized topics. Unlike books, periodicals:

• Appear at regular intervals
• Contain focused articles on specific topics
• Feature contributions from multiple authors

To locate relevant articles, use periodical indexes that organize content by subject and author.[^8]

Reference Materials

Reference books provide concise, accessible information and include:

• Legal dictionaries (like Black’s Law Dictionary)
• Encyclopedias (such as Halsbury’s Laws of England)
• Digests that summarize cases
• Directories and yearbooks

These references often help researchers understand the various aspects and classifications of law, providing essential context for more detailed study.

Information Technology and Legal Research

Technology has revolutionized legal research, making information more accessible.[^9] Digital resources include online databases, legal research platforms like LexisNexis and Westlaw, and electronic journals. What might take hours or days of manual searching can now be accomplished in seconds through digital tools.

Effective Research Strategies

1. Define Your Research Question

Before beginning, clearly identify what you’re looking for. Formulate specific questions focusing on legal issues rather than factual disputes. Understanding methods of social control through law can help frame research questions appropriately.

2. Identify Relevant Sources

Determine which resources are most likely to contain the information you need, considering:

• Primary sources (constitutions, statutes, cases)
• Secondary sources (textbooks, journals, commentaries)
• Reference tools (dictionaries, encyclopedias, indexes)

3. Develop a Research Plan

A systematic approach might include:

• Consulting secondary sources for an overview
• Identifying relevant primary authorities
• Verifying currency and authority
• Checking for recent developments

4. Take Effective Notes

Record complete citation information for every source. Note relationships between different sources and any conflicts or inconsistencies discovered. Effective note-taking is part of the broader skill of legal writing, which is essential for communicating legal findings clearly.

5. Analyze and Synthesize

Research isn’t merely about collecting information but analyzing and applying it to your specific problem. Look for patterns, principles, and connections between different sources to develop coherent legal arguments.

Conclusion

Legal research is both an art and a science. It requires technical knowledge of information systems, analytical skills to evaluate sources, and judgment to apply findings effectively. By mastering research techniques, legal professionals equip themselves with essential tools for navigating the complex landscape of law.

Remember that research isn’t an end in itself but a means to provide sound legal advice, make persuasive arguments, and ultimately serve justice. As you develop your research skills, what initially seems daunting will transform into an engaging intellectual challenge—one that forms the foundation of effective legal practice.

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Footnotes

[^1]: M.B. Ray and J.J. Ramisfield, “Legal Writing: Getting it Right and Getting it Written,” West Publishing Co., 2nd ed., 1993, pp. 258-268.

[^2]: H.J. Berman, “The Crisis of Legal Education in America,” Boston College Law Review, Volume XXVI No. 2, March 1985, p. 347 at 349.

[^3]: A. Bradney, et al., “How to Study Law,” Sweet & Maxwell, London, 2nd ed., 1991, pp. 3-16.

[^4]: The Hon. Dame Mary Arden (Chairman of the Law Commission), “Modernizing Legislation,” Spring 1988 Public Law, p. 65 at p. 70.

[^5]: J. Dane & P.A. Thomas, “How to Use a Law Library, An Introduction to Legal Skills,” Sweet & Maxwell, London, 3rd ed., 1996, pp. 2-5.

[^6]: Ibid., pp. 1-2.

[^7]: Ibid., pp. 13-27.

[^8]: Ibid., p. 80.

[^9]: “The Bluebook: A Uniform System of Citation,” Harvard Law Review, 16th ed., 1999, p. 55.