Talk:Legal research

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[edit] Style and formatting questions

Here are some references to why the style and formatting changes by myself, Dr. Gangrene, and BD2412 were done, and why the page should still have {{cleanup-tone}} on it. JesseW 23:53, 14 July 2005 (UTC)

I look forward to your responses to this. I shall leave the article as it is for 3 days, to give you time to comment, then, edit it to conform with the guidelines stated above. Thanks for inducing me to read over the Wikipedia:Style guidelines and for your contributions to Wikipedia! JesseW 00:25, 15 July 2005 (UTC)

Although your points on style are valid, I think the problems with this article go much deeper. This is more of a "how-to" guide than an encyclopedia article. It really needs a substantive rewrite to provide more of a description of what legal research is, and why people do it, than tips on how to do it. --Russ Blau (talk) 16:05, 3 October 2005 (UTC)
I agree, and various people do intend to do such a rewrite eventually. JesseW, the juggling janitor 23:37, 3 October 2005 (UTC)

As one of the comments noted above, I wrote this as much as a "how to" guide as an encyclopedia article for the classes I teach. However, I agree that a definition of legal research would greatly improve the article. I added a definition of legal research to better set the stage for the article, but I deliberately wrote in a more informal tone to make a difficult subject more accessible to the layperson (which I thought was the purpose of the Wikipedia project). I used links in the text of the article so that those who wanted to use it for a resource guide could print it out and have the links in the context of the discussion more in the tradition of a library pathfinder. I hope the changes I made improves the article somewhat. Yjones.

I would also add that another major problem with this article is that it's about how to do legal research in the US when it should be about legal research in a global sense.--PullUpYourSocks 14:52, 7 February 2006 (UTC)

[edit] Error in Article

In section 2, Judicial Branch Sources, the article says "The decisions of the Supreme Court of the United States are "binding" on all of the courts in the United States." This is not accurate as written. Decisions of the United States Supreme Court are binding with respect to federal law, and are binding on Federal Courts with respect to federal law issues. But the courts of each of the states are able to reach their own conclusions regarding the interpretation of their own laws and their own constitutions. As long as the state courts do not attempt to restrict the powers of the Federal Government, and do not attempt to uphold state laws which infringe on rights protected by the U.S. Constitution, State Courts can disagree with the U.S. Supreme Court. Similarly, lower Federal Courts can sometimes enforce state laws (in appropriate cases) which go beyond what the U.S. Supreme court would do under federal law.

This has been clarified by quoting a discussion of the Supreme court from a legal research textbook.

[edit] Suggestion for linkage

[[1]] (Has UML been applied to law, yet?)

[edit] Process of finding legal documents

Section "What is legal research?" says

This article focuses on the process of finding legal documents issued by courts, legislatures and other government entities in the United States.

I would say that this process is not typical to the United States, but is probably conducted in most western-style nations. I would therefore suggest to remove "in the United States". --Invenio 09:21, 2 July 2007 (UTC)