Legal research skills are a vital ability that I
will have to carry long through my legal studies and in to my career as a legal
professional. If I can conduct
proficient and capable research, it will mean time better spent acting and
advocating for my clients.
The reading for week’s eight and nine was
from the textbook: A Practical Guide to
Legal Research.
Chapter 1 of the textbook discusses legal
problem solving and different methods to research the problem I may be
facing. In particular, it mentions
a five step method (MIRAC), which is as follows:
1.
Identify the relevant or Material
facts of the case;
2.
Identify the legal Issues
at hand;
3.
Identify and interpret the Rules
that govern the legal issues;
4.
Apply the rules to the facts; and
The information then covers several
different methods of research, in particular, online research. To be completely honest, I found the
technical and online research aspects of the reading somewhat
overwhelming. There was a lot of instructional
information that went over my head.
But, I am sure that these research skills and techniques are something
that with plenty of practice throughout my studies I will become well
acquainted with and I can definitely appreciate that it is extremely useful and will
be referred to over the course of my degree. So far, I have found AustLII and LawCite to be of great assistance in the locating of legislation and cases for my assignments this
semester, and I am excited to venture in to many other online research services
with the help of this text book.
I have to admit that I am ashamedly relieved
to be living in this era of online technology. I cannot imagine how much time would have previously been
spent sifting through shelves upon shelves of legislation, cases and journals
in the name of the legal research.
But even still, there are many things to be aware of and keep in mind
when conducting research. Even
when locating relevant legislation, it is paramount to make sure that the Act I
am referring to is up-to-date, that it has actually commenced, that it is
relevant to the period of time of the incident I am researching, whether there
have been any amendments made, whether there are any pending amendments, that I
understand the purpose or meaning of the particular Act and whether there has
been any judicial consideration of the legislative provision.[2]
One point that stood out to me as something
I need to work on is being able to clearly state the legislative framework
that a legal scenario would be included.[3] This is certainly an area I will need
to do more research and learning in.
The research that I have had to undertake
up to this point I have found to be reasonably simple, but I am sure it will
become more complex and complicated, and I look forward to sharpening my skills
as a competent legal researcher.