How to Write a Legal Research Paper

Writing a legal research paper calls for an exacting method, so that the paper reaches what it set out to do and carries its argument clearly and in order. Here are the steps to follow for a legal research paper that works:

• Choosing the subject and framing the legal question:

• Choosing the subject: pick a legal subject that matters, or one that calls for close analysis. It might affect a recent case, on a contested legal question, or on the reading of a legal text.
• Framing the legal question: state plainly the legal question the paper will examine. It must be specific, and it must be capable of analysis.

• Gathering material and sources:

• Gathering sources: search out the sources affecting the subject — statutes and regulations, judicial opinions, legal articles, books, and academic material. Make sure the sources range across both the primary (legal texts) and the secondary (books and analytical articles).
• Organising the material: order the sources and material you have gathered so that they are easy to reach and easy to arrange while writing.

• Analysing the legal question:

• Reading the statutes and regulations: analyze the legal texts affecting the subject, and explain how they apply to the question before you.
• Analysing the case law: review the earlier judgments touching the subject, and analyze how they apply to the question.
• Weighing the legal opinions: some subjects require weighing competing legal opinions, and you must be able to analyze and assess them against the legal evidence.

• Setting the structure:

• Introduction: a brief statement of the legal question, why the paper matters, and the method you will follow.
• Statement of the question: a section describing the legal question in detail, including its legal and historical background.
• Legal analysis: a detailed analysis of the question drawing on statutes, judicial opinions and the other sources. This part must be ordered, and must carry its arguments logically and on the evidence.
• Conclusion: a summary of the findings the paper has reached, proposing solutions or recommendations on the strength of the analysis.

• Writing and editing:

• Writing: begin writing to the structure you have set. Keep the language plain and stay clear of needless complication.
• Citation: make sure every source you have used is cited precisely, according to the accepted standards of legal citation.
• Editing and review: once the writing is done, review the paper for errors of language and of law, sharpen the phrasing, and make sure the argument runs in order.

• Submission:

• Final form: make sure the paper is neat and ordered in its final form, with a table of contents and a list of references at the end.
• Final review: read the paper through one last time to be sure it is ready to submit.

Following these steps will help you reach what you set out to do and enrich the legal literature.