Research Steps

1. When you receive the problem:
   a. Gather all the facts.
   b. Put the facts in a legal framework.
   [example:contractor doesn’t finish roof (fact) breach of contract (legal issue)]
   c. Determine the area of law (civil or criminal?).
   d. Determine the jurisdiction (federal or state?).
   e. Draft a statement of the issue(s) you are researching.
   f. Draft a preliminary facts statement that includes ALL of the facts provided.
   g. Start a list of descriptive words and phrases to use when searching indexes.
2. Introductory research
   a. Spend an hour familiarizing yourself with the area of law involved.
   (use encyclopedias and treatises; use Strong’s N.C. Index for local issues)
   b. Scan a hornbook or textbook on the subject.
   c. Learn the relevant vocabulary.
   d. Make an outline of the issue(s) and subissues of your problem.
   e. Add new descriptive words and phrases to your list of search words.
3. Targeted research (Primary Authority)
   a. Find statute citations using the annotated statutes or legal encyclopedias.
   (use your search words in the descriptive word index)
   b. Look for discussions of the treatment/interpretation of the relevant statute.
   c. Find one good case.
   (use the Key Numbers and annotations you find in the statutes; use a digest)
   d. Shepardize to find other cites and to validate your citations before relying on them as authority. Check the supplements to Shepard’s to ensure that the references are up-to-date.
   e. Brief cases and relate them to one another.
   f. Review the outline of the issues and subissues that you drafted. Revise the outline to reflect your increased knowledge of the subject.
4. Targeted research (Secondary Authority)
   Consult secondary authorities to fill in any gaps in your research.
   (use A.L.R. annotations, Restatements, periodicals, etc.)
5. Create an audit trail of your research
   a. Take notes of sources and location, including page number, in Bluebook format.
   b. Note whether Shepardizing has been completed and the date completed.
6. Organize your research findings
   a. Review the outline of the issues and the subissues that you created and
   revise it to reflect any new knowledge.
   b. Insert the applicable authority discussing the relevant subissue under the appropriate outline heading.
   c. Review the filled-in outline to make sure that you have found adequate authority to address each subissue listed.
   d. If you have sufficient legal authority, begin to write. If you do not have sufficient legal authority, expand your research. Always check your list of sources consulted when you are expanding your research to make sure that you do not waste precious time with sources that you have already consulted.

Research Sources

Primary Authorities

Constitutions & Statutes
U.S.C. United States Code (official)
U.S.C.A. United States Code Annotated (West)
U.S.C.S. United States Code Service (LEXIS)
N.C.G.S. West’s North Carolina General Statutes

Cases
U.S. United States Reports (U.S. Supreme Court)(official)
S.Ct. Supreme Court Reporter (West)
L.Ed. United States Supreme Court Reports, Lawyer’s Edition (LEXIS)
U.S.L.W. United States Law Week (U.S. Supreme Court)
F., F.2d., F.3d. Federal Reporter (West)(U.S. Courts of Appeals)
F.Supp., F.Supp.2d. Federal Supplement (West)(United States District Court)
F.R.D. Federal Rules Decisions (West)(Federal Rules of [Civil][Criminal] Procedure)
N.C. North Carolina Reports (official) (N.C. Supreme Court)
N.C.App. North Carolina Court of Appeals Reports (official)
S.E., S.E.2d. South Eastern Reporter (West)(State appellate courts)

Secondary Authorities

Encyclopedias (general law)
C.J.S. Corpus Juris Secundum (West)
Am.Jur.2d American Jurisprudence

A.L.R. (American Law Reports) Annotations (selected cases reviewed in depth)
A.L.R. Federal cases & State appellate cases 1919-1948
A.L.R.2d Federal cases & State appellate cases 1948-1965
A.L.R.3d Federal cases 1965-1969 & State appellate cases 1965-1980
A.L.R.4th. State appellate cases 1980-1992
A.L.R.5th State appellate cases 1992-to date
A.L.R.Fed. Federal cases 1969 to date

Texts & Treatises (in depth, single issue)
Prosser and Keeton on the Law of Torts
Evidence in Trials at Common Law, John H. Wigmore

Legal Periodicals
I.L.P. Index to Legal Periodicals and Books
C.L.I. Current Law Index (microfilm version: Legal Resource Index
CD-ROM version: LegalTrac)
Index to Periodical Articles Related to Law
Index to Foreign Periodicals
Jones-Chipman Index to Legal Periodicals
National Legal Bibliography
N.C. Legal Periodicals: Duke Law Journal, North Carolina Law Review,
North Carolina Central Law Journal, Wake Forest Law Review

Restatements (American Law Institute)
Restatement of [Agency] [Conflict of Laws] [Contracts]
[Foreign Relations Law of the United States] [Judgements]
[Law Governing Lawyers] [Property] [Restitution] [Security]
[Suretyship and Guaranty] [Torts] [Trusts] [Unfair Competition]
Restatement in the Courts (Restatement citations up to 1976)

Attorneys General Opinions
large law libraries
internet

Dictionaries
Black’s Law Dictionary
Ballantine’s Law Dictionary (last edition 1969)
Ralph De Sola’s Crime Dictionary
Words and Phrases (words and phrases as defined in cases)

Digests
American Digest System (West) (all areas of law)
General Digest (West) (monthly headnotes of all cases published West)
Decennial Digests (West) (General Digest collections every 10 years)
United States Supreme Court Digest (West)
Digest of the Unites States Supreme Court Reports, Lawyer’s Edition (LEXIS)
Martindale-Hubbell Law Digest (International & State law)
West’s Bankruptcy Digest (specialized digest)
Federal Digest (West) (Federal Courts 1754-1938)
Modern Federal Practice Digest (West) (Federal Courts 1939-1961)
West’s Federal Practice Digest 2d (Federal Courts 1961-1975)
West’s Federal Practice Digest (Federal Courts 1975-1983)
West’s Federal Practice Digest (Federal Courts 1983 to date)
South Eastern Digest (West) (regional digest)
North Carolina Digest (West) (State digest)
Strong’s North Carolina Index (N.C. state law)

Directories
Martindale-Hubbell Law Directory

Form Books
American Jurisprudence Pleading and Practice Forms, Revised
American Jurisprudence Legal Forms 2d
Bender’s Federal Practice Forms
Current Legal Forms with Tax Analysis
Federal Procedural Forms, Lawyer’s Edition
Bender’s Forms of Discovery
West’s Legal Forms 2d

Uniform Laws
Uniform Laws Annotated, Master Edition (West)
Directory of Uniform Acts and Codes (index to the Master Edition)
Am. Jur. 2d Desk Book (list of states that have adopted Uniform Laws)

Looseleaf Services (rules & regulations of federal agencies)
publishers: Commerce Clearing House
Bureau of National Affairs
Clark Boardman Callaghan
Matthew Bender

Jury Instructions
Am.Jur. Pleading and Practice Forms, Annotated
Modern Federal Jury Instructions

Miscellaneous
Am.Jur. Proof of Facts, 2d., 3d.
AmJur.Trials

Updating Primary & Secondary Authorities

Updating Cases & Statutes
Always check pocket-parts and supplemental volumes and consult
Shepard’s Citators

Updating A.L.R.
A.L.R. A.L.R. Blue Book of Supplemental Decisions
A.L.R.2d. A.L.R.2d Later Case Service
A.L.R.3d pocket-part supplements
A.L.R.4th pocket-part supplements
A.L.R.5th pocket-part supplements
A.L.R.Fed. pocket-part supplements
A.L.R. Index Annotation History Table

Updating Law Review Citations
Shepard’s Law Review Citations Updating Restatements
Shepard’s Restatement of the Law Citations

Drafting A Memorandum

1. Meet with the attorney:
   a. Gather all the facts
   b. Clarify the legal issue(s) to be researched
2. Preliminary drafts:
   a. Draft a preliminary questions presented/issues statement.
   b. Make a list of all the facts.
   c. Draft a preliminary statement of facts which includes all of the facts provided.
3. Research.
4. Prepare case briefs of relevant cases.
5. Write a summary statement for each statute or other non-case authorities.
6. Revise the preliminary drafts:
   a. Revise the facts list so that it contains only legally significant facts.
   b. Organize the facts by grouping them in the most suitable organizational style
   (chronological, reverse chronological, by claim or defense, by party, or as a
   combination of two).
   c. Rewrite the statement of facts being sure to introduce the legal issue(s) involved.
   d. Rewrite the issue(s)/question(s) presented and draft the brief answers.
7. Outline the analysis/discussion section:
   a. Prepare a list of the relevant authorities.
   b. Write a thesis paragraph in IRAC format.
   c. Determine which element/sub-issue to discuss first (Is there a threshold issue?).
   d. List all elements/sub-issues.
   e. Add authorities to each element/sub-issue.
   f. Refine the elements/sub-issues so they include facts from your case
   or incorporate further questions.
   g. Arrange the order of the elements/sub-issues.
   h. Organize each element/sub-issue into an IRAC paragraph outline.
8. Write the analysis/discussion section.
9. Put the memorandum sections together in the correct order.
   a. Heading
   b. Issue(s)/Question(s) presented)
   c. Brief Answer(s)
   d. Statement of Facts
   e. Analysis/Discussion
   f. Conclusion
10. Rewrite the memorandum.