Before beginning research, how does a researcher determine if federal or state law applies? How does one decide whether to conduct research in statutes, court opinions or regulations?

Question

What will be an ideal response?

Answer 1

These threshold questions must be answered based on the researcher’s understanding of the legal issues presented and the American legal system. Under the U.S. Constitution, those matters not specifically delegated to the federal government are reserved to the states; however, this does not always draw a clear line. Federal court jurisdiction is based on a federal statute, regulation or constitutional provision, except in cases where diversity jurisdiction exists. Federal agency authority is delegated by the enabling statute. Think of the issues and parties involved to assess whether federal law may apply.

Statutory law is prospective in nature and often addresses issues that affect society at large, such as landlord/tenant law, criminal statutes, and commercial transactions. Case law decides a controversy between specific litigants based on the application of legal principles to the facts of the case, and serves as precedent in later cases. Common law principles apply in areas such as negligence, property and contract law. Judicial review also interprets and applies enacted law. Some matters are delegated to administrative agencies, such as environmental law, workers’ compensation and other areas of constant governmental supervision and regulation.

If an area is unfamiliar to the researcher, review of the subject in a secondary authority such as a legal encyclopedia can assist before initiating research. Computer-assisted legal research permits searching across multiple resources simultaneously.