Legal Research Process- judgment, flexibility, creativity

Goal: find the primary sources as efficiently as possible

Facts- most important part of research; given set of premises; guide for what needs to be applied; proof to present

5 basic matters:
  •      Establish the facts
  •       Derive issues
  •        Identify laws and jurisprudence applicable
  •       Analysis of laws/jurisprudence
  •       Output


Subject matter of the case:
  •        Imperative to determine what law to consider
  •        Help identify cause of action or ground of defense
  •        Determine personalities involved (directly or indirectly); if there are special laws that govern it
  •    Where the act happened (jurisdictional purposes); jurisdictional amount can determine where to file      charges

Preliminary statement of issues- a continuing process

Organize issues in a logical order to have efficient research:
  •        Primary issues to resolve
  •        Threshold issues precede other issues
  •        Base issues in the order of the facts as you narrate them
  •        Mental remedies for the court to grant

Finding the relevant law:
·         Start with the primary sources if expert
·         Start with secondary sources if unfamiliar

*read and evaluate the identified material
·         Never disregard a dissenting opinion
·         Identify the ponente

*validate opinions
·         Consider secondary sources
·         Consider law to be applied

*comparative analysis

*en banc decision prevails over division decision

*communicate result of research
·         Platform of the provider
·         Not enough to have access to information but know how to use it also

Location: Sampaloc, Manila, Metro Manila, Philippines

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