Business Research

LEGAL RESEARCH – is the process of finding the laws, rules and regulations that govern activities in human society. It involves both the law and rules which are enforced by the State and the commentaries which explain or analyze these rules.

It is also defined as the investigation for information necessary to support legal decision making. It includes each step of a process that begins with analyzing the facts of a problem and concludes with applying and communicating the results of the investigation.

SOURCES OF LEGAL RESEARCH

Variety of printed and electronic sources:

Printed sources include the Constitution, Statutes, Court Decisions, Administrative Rules and Scholarly commentaries.

Computer databases containing these and other materials have dramatically changed the nature of legal research and improve its effectiveness.

SOURCES OF LAW

1.Primary Sources – sources of law which are those recorded laws and rules which will be enforced by the State.

First Major Primary Sources

a. Statutes passed by the legislatures

b. Regulations and rulings of Administrative Agencies

c. Decisions of Appellate Courts.

Second Major Primary Sources

1. Judicial Decisions of our Philippine Supreme Court and Court of Appeals

Third Important Primary Source

1. Administrative Law or the regulations and decisions of government agencies.

2. Secondary Sources

Publications – includes treatises, commentaries and encyclopedias. Publications in IBP (Integrated Bar of the Philippines) Journal and Lawyers Review.

FINDING TOOLS

The SCRA quick index (Supreme Court Reports Annotated) available to legal researcher.

PHILJURIS AND LEX LIBRIS – two comprehensive and competing computer-based legal research systems.

THE LEGAL RESEARCH PROCESS

Four Basic Steps are recommended:

1. Identify and Analyze the significant facts.

2. Formulate the legal issues to be researched.

3. Research the issues presented.

4. Update.

IDENTIFY AND ANALYZE...