Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Knowing how to find relevant laws and cases can strengthen your legal position - whether you're writing a demand letter, preparing for court, or just understanding your rights. The Cornell Law School Legal Information Institute is an excellent free resource for researching statutes, regulations, and case law. Here's how to do basic legal research without a law degree.
Free Resources Exist: You don't need expensive legal databases. Many laws, regulations, and court opinions are available free online through government websites.
Types of Legal Authority
Primary Sources
- Statutes: Laws passed by legislature
- Regulations: Rules from government agencies
- Case law: Court decisions
- Constitutions: Federal and state
Secondary Sources
- Legal encyclopedias: Overview of law topics
- Treatises: In-depth analysis
- Law review articles: Academic analysis
- Practice guides: How-to resources
Finding Statutes
Federal Laws
- United States Code (U.S.C.): Federal statutes
- Free at congress.gov or law.cornell.edu
- Organized by topic (Title)
- Search by keyword or browse
State Laws
- Each state has its own code
- State legislature websites
- Free access usually available
- Search by keyword or topic
Tips for Finding Statutes
- Start with Google: "[state] statute [topic]"
- Look for official government sources
- Note the exact citation
- Check if statute is current
Verify Currency: Laws change. Make sure you're looking at the current version of any statute. Old versions may be outdated or repealed.
Finding Regulations
Federal Regulations
- Code of Federal Regulations (CFR): All federal agency rules
- Free at ecfr.gov
- Organized by agency/topic
State Regulations
- Each state has administrative code
- Agency websites often have rules
- May be harder to find than statutes
Finding Court Cases
Free Case Law Resources
- Google Scholar: Many court opinions
- CourtListener: Federal and state cases
- Justia: Federal and some state
- Court websites: Individual court opinions
How to Search
- Search by keyword/topic
- Search by case name
- Search by citation
- Filter by jurisdiction/date
Understanding Case Citations
Example: Smith v. Jones, 500 F.3d 100 (9th Cir. 2020)
- Smith v. Jones: Case name (parties)
- 500: Volume number
- F.3d: Reporter (Federal Reporter, 3rd series)
- 100: Page number
- 9th Cir.: Court (9th Circuit)
- 2020: Year decided
Google Scholar Tip: Use "case law" search option. You can search for specific phrases in quotes and filter by court and date.
Understanding Precedent
What Courts Must Follow
- Binding precedent: Higher courts in same jurisdiction
- Persuasive authority: Other courts, can consider but not required
- State courts bound by state supreme court
- Federal district courts bound by their circuit
Court Hierarchy
Federal:
- U.S. Supreme Court (highest)
- Circuit Courts of Appeals
- District Courts (trial)
State:
- State Supreme Court (highest)
- Appellate Courts
- Trial Courts
Research Strategy
Step-by-Step Approach
- Identify your legal issue
- Start with secondary sources for overview
- Find relevant statutes
- Find cases interpreting those statutes
- Check if law is still good
- Apply to your facts
Start Broad, Get Specific
- General search: "[state] landlord tenant law"
- Narrower: "[state] security deposit return deadline"
- Most specific: "[state] statute security deposit"
Free Research Tools
Government Resources
- Congress.gov: Federal legislation
- GovInfo.gov: Federal documents
- State legislature sites: State laws
- Court websites: Local rules, forms
Legal Information Sites
- Cornell Legal Information Institute: Laws, encyclopedias
- Nolo.com: Plain language legal guides
- FindLaw: Legal information
- Avvo: Q&A, guides
Law Libraries
- Public law libraries
- Courthouse libraries
- Law school libraries (some public access)
- Reference librarians can help
Know Your Limits: Legal research takes training. For complex issues or high-stakes matters, consult an attorney who can interpret what you find.
Verifying Your Research
Is the Law Still Good?
- Check if statute has been amended
- Check if case has been overruled
- Look for later cases citing it
- Paid services (Westlaw, Lexis) have citators
Red Flags
- Old dates without updates
- Cases from different state/jurisdiction
- Dissenting opinions (not the law)
- Trial court opinions (less authority)
Using Research in Your Case
In Demand Letters
- Cite specific statutes
- Reference relevant penalties
- Shows you know the law
- Strengthens your position
In Court
- Cite binding precedent
- Provide copies to court
- Explain how law applies to facts
- Distinguish unfavorable cases
Apply Your Research
Put your legal knowledge to work with a demand letter that cites relevant law.
Create Your Letter