UNIT 5

LEGAL RESEARCH

Legal research is a systematic process of identifying and retrieving information necessary to support legal decision-making. It involves the application of various methods to gather legal information and analyze legal issues. Effective legal research ensures that legal professionals have access to the most relevant and up-to-date information. The sources of legal research can be primary, secondary or tertiary and they include constitutions, statutes, case law, regulations, legal encyclopedias, textbooks, law reviews, journals, legal dictionaries and indexes. We also have legal research tools such as Nigerian Weekly Law Reports (NWLR) which is a comprehensive collection of Nigerian case law, the Laws of the Federation of Nigeria (LFN) which is the official compilation of Nigerian statutes and the Online Legal Database websites such as LawPavilion, LegalPedia, and LexisNexis. The purpose of legal research includes the following;

1. Finding precedents: to identify past judicial decisions relevant to current cases.
2. Statutory interpretation: to understand and interpreting statutes and legislative materials.
3. Case preparation: to collect information to support arguments and prepare for litigation.
4. Legal writing: to provide a foundation for drafting legal documents, including briefs, memos, and opinions.
5. Advisory: to assist lawyers in providing accurate legal advice to clients.

INDEXING AND IDENTIFICATION OF LIBRARY MATERIALS

Indexing and identification of library materials are crucial for efficient legal research. Proper indexing allows users to locate information quickly and accurately. The methods of indexing includes the following;

1. Alphabetical indexing: to organize materials alphabetically by author, title, or subject.
2. Subject indexing: to group materials based on specific legal subjects or topics.
3. Case indexing: to list cases by name, citation, or court.
4. Statutory indexing: to index statutes by title, chapter, or section.

IDENTIFICATION OF LIBRARY MATERIALS

1. Cataloging systems: this is where libraries use cataloging systems like the Library of Congress Classification (LCC) and the Dewey Decimal Classification (DDC) to organize materials.
2. Call numbers: this is the unique identifiers assigned to each item in the library, indicating its location.
3. Digital libraries: this is the use of online catalogs and databases to facilitate electronic access to legal materials.

CITATION OF CASES AND REPORTS

Citing cases and reports accurately is essential for legal writing and research. Proper citation allows readers to locate sources and verify information. The general principles of citation includes the following;

1. Consistency: this is to use a consistent citation style throughout your document.
2. Accuracy: this is to ensure that citations are accurate and complete.
3. Clarity: this is to provide clear and concise citations to facilitate easy location of sources.

NIGERIAN CASE CITATION FORMAT

1. Case name: Italicize or underline the case name.
2. Year: Include the year of the decision in square brackets.
3. Volume number: Specify the volume number of the report series.
4. Report series: Use the abbreviation for the report series, e.g., NWLR.
5. Page number: Indicate the starting page of the case.
Example: Afolabi v. Ola [2020] 3 NWLR (Pt. 1234) 567

CITATION OF STATUTES

1. Title of the statute: Italicize the title.
2. Year: Include the year of enactment.
3. Chapter or section: Specify the relevant chapter or section.
Example: Companies and Allied Matters Act 2020, Cap. C20, Laws of the Federation of Nigeria

METHODS AND APPROACHES IN ESSAY WRITING

Effective essay writing in legal studies requires a structured approach and clear articulation of arguments. See the case of A-G Lagos State v. A-G Federation [2003] 12 NWLR (Pt. 833) 1 which highlights the importance of using authoritative sources in legal research, the case of Okeke v. State [2013] 8 NWLR (Pt. 1356) 378 which demonstrates proper case citation format and the Evidence Act 2011, Cap. E14, Laws of the Federation of Nigeria which shows how to cite statutes. The following methods and approaches can enhance legal essay writing:

1. Introduction: this is where to introduce the topic, provide background information, and state the thesis.
2. Body: this is where to develop arguments systematically, supported by legal authorities and evidence.
3. Conclusion: this is where to summarize key points and restate the thesis, providing a final perspective.

APPROACHES TO LEGAL ESSAY WRITING

Approach to legal essay writing can be of two types which inlcudes the IRAC and CREAC approach and they are explained thus;

1. Issue, Rule, Application, Conclusion (IRAC): this is a common method for organizing legal analysis and it means the following;
   
   1. Issue: Identify the legal issue.
   2. Rule: State the relevant legal rule or principle.
   3. Application: Apply the rule to the facts of the case.
   4. Conclusion: Draw a conclusion based on the application.
2. CREAC Method: this is a variation of IRAC, emphasizing clarity and organization and it means the following;
   
   1. Conclusion: Start with the conclusion.
   2. Rule: State the legal rule.
   3. Explanation: Explain the rule in detail.
   4. Application: Apply the rule to the facts.
   5. Conclusion: Restate the conclusion.

TIPS FOR EFFECTIVE LEGAL ESSAY WRITING

1. Clarity and precision: Use clear and precise language.
2. Logical flow: Ensure a logical flow of arguments.
3. Evidence and authorities: Support arguments with relevant evidence and legal authorities.
4. Critical analysis: Provide critical analysis and evaluation of legal issues.
5. Proofreading: Thoroughly proofread the essay to correct errors and improve clarity.

CONCLUSION

By adhering to these principles and approaches, legal professionals can conduct thorough research, locate necessary materials efficiently, cite sources accurately, and write compelling legal essays.