Black`s Law Dictionary defines legal research as “the research and gathering of authorities related to a legal question.” But what does that really mean? Essentially, this means that legal research is the process you use to identify and find laws, including laws, regulations, and court notices, that apply to the subject matter of your case. There`s a reason there are entire law courses and countless books focused solely on legal research methodology. In fact, many lawyers will spend their entire careers honing their research skills – and even then, they may not have perfected the process. There must be a specific legal basis for each process. A company cannot choose what is practical. There is only one option per processing activity Keep in mind, however, that legal research is not always a linear process. You can start going from source to source as described above, and then find that you need to go back to secondary sources once you have a better understanding of the legal issue. In other cases, you may even find the answer you`re looking for in a source not mentioned above, such as an example of a brief filed with the court by another lawyer. At the end of the day, you have to go where the information takes you. Don`t cast your net too far when it comes to legal research, i.e. you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? And if it is the law of the state, which state? You may find a case in California state court that goes straight to the point, but it won`t be much help if your legal project involves New York law.
What for? Because secondary sources give you a complete overview of legal issues, so you don`t have to start your research from scratch. After secondary sources, you can move on to primary law sources. The easiest way to find out if something is still a good law is to use a legal tool known as a Citator, which will show you subsequent cases where your source has been cited, as well as any negative stories, including whether they have been overturned, overturned, questioned, or simply differentiated. In most cases, the purpose of legal research is to find support for a particular legal issue or decision. For example, lawyers must conduct legal research when they need judicial advice (i.e., case law) to support a legal argument they submit to the court in a motion or factum. Before you start researching laws and court opinions, you must first define the scope of your legal research project. There are several key questions you can use to do this. So if it`s primary law that you want, it makes sense to look over there first, right? Not so fast.
While you need primary sources of law to support your case, in many cases it is much easier – and a more efficient use of your time – to start your research in secondary sources such as how-to guides, articles, and legal articles. Alternatively, lawyers may need legal research to simply provide clients with accurate legal advice. And in the case of law students, they often use legal research to fill out memos and briefs for the class. However, these are just some of the situations where legal research is needed. One of the most important steps in any legal research project is to verify that you are applying a “good” law, that is, that a court has not declared it invalid or struck down in any way. After all, it probably won`t be good for a judge if you cite a case that has been overturned or if you use a law that has been found unconstitutional. This does not necessarily mean that you can never cite these sources; You just need to take a closer look before you do. Study Guides: Links to short thematic guides for commercial legal publishers, including case notes and question-and-answer study guides. For example, although no two legal research projects are the same, the order in which you want to search for different types of sources might look like this: Always access legal subscription databases from the A-to-z database page, catalog, or library resource guide. Simply enter your Deakin Single Sign-On credentials. Whether you`re a student still in law school or a seasoned lawyer with years of experience, strong research skills are essential to making a winning argument.
That`s why it`s so important to know how to conduct legal research, including where to start and what steps to take. The processing of personal data is necessary for the performance of a task carried out in the public interest and the task or function has a clear legal basis. In this case, there is no specific law that dictates what personal data an organization must specifically process, but the task that an organization performs is defined in a law. For example, a school has a public mission to educate children, or a local government may use camera surveillance in public places because it has the task of ensuring public safety and order. The processing of personal data is necessary for a contract you have with an organization. For example, if your personal data needs to be processed when you work for an organization. In this case, you have a contract with this organization. A contract does not need to be as formal as an employment contract.
This legal basis can also be used if you have a prescription for a magazine, an online service, an internet subscription for your mobile phone, etc. The “legal basis” is the basis for data processing under the GDPR. This means that if an organisation wishes to process personal data, it is necessary to identify specific legal bases for the processing.