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Bringing Research to a Close
Research Basics #12 - Dorraine Zief Law Library Handout
The following factors may help you decide whether to stop your research.* [see
footnote]
Stop…
… When
you find the answer
Sometimes — this is rare — you will quickly find the current, authoritative law as
it applies to your fact pattern. But be sure to Shepardize or KeyCite to check to see if
your source is still good law!
… When
you keep finding citations to the same authorities no matter which research
method you use or which sources you consult
When you don't
have a definitive answer after thorough research, and you keep turning up the
same citations no matter where or how you look, that's a sign that there may
not be a clear-cut solution to the problem.
… When
you still have time to report your results
The best research
is pointless if you don't leave enough time to write the paper or to tell the
client or assigning attorney what you've found.
What if…
… You
are not finding authorities on point?
-
Think comprehensively
and creatively. Research broad rules, analogous facts or doctrines, and/or
the law of other jurisdictions.
-
Make sure
you are:
- applying
a variety of research techniques
- using
both primary and secondary sources
- using
both print and online sources
- consulting
resources of different publishers/vendors
-
Consult a
reference librarian.
… Time
is running out and you still have intriguing leads to follow?
-
Quickly survey
the major authorities bearing on your issue(s).
-
Prepare an
interim report.
Set forth
your conclusions so far and your plan for further detailed research.
* [Footnote]
For more detailed discussions, see Christina Kunz, "Terminating Research,"
2 Perspectives: Teaching Legal Research & Writing 2 (Fall 1993)
and Marsha L. Baum, "Ten Tips for Moving Beyond the Brick Wall in the Legal
Research Process," 10 Perspectives: Teaching Legal Research &
Writing 20 (Fall 2001). (Copies are available at the Circulation/Reserve
Desk. They are filed under "Terminating Research" and "Ten Tips.")
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