research

Legal TermLegal glossary term

Legal Definition

In a legal context, 'research' refers to the systematic investigation or analysis of facts, evidence, or theories to establish a legal conclusion or factual basis for a claim. It involves gathering necessary information to support a legal argument or decision.

Plain-English Translation

Imagine 'research' is like carefully looking into something to find out the truth about a legal situation. When lawyers or judges need to understand the facts before making a decision, they 'research' to see what happened and why it matters for the law.

Context in Contracts

It matters because 'research' is essential in litigation and legal practice to gather the necessary factual foundation for arguing a legal position, proving damages, or establishing the validity of a contractual claim.

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01

Researching precedent to establish a legal principle.

02

Conducting factual investigation to prove negligence.

Document context

How research shows up in legal documents

What is it?

The systematic investigation of facts, evidence, or theories undertaken to establish a legal conclusion, determine a legal liability, or substantiate a claim within a legal proceeding.

Why does it matter?

It matters because 'research' is essential in litigation and legal practice to gather the necessary factual foundation for arguing a legal position, proving damages, or establishing the validity of a contractual claim.

When does it matter?

It usually appears when parties are assessing the merits of a case, determining liability under a contract, or analyzing the evidence presented by opposing parties during discovery or trial.

Where is it usually seen?

It is commonly seen in legal briefs, judicial opinions, legal memoranda, and expert testimony where facts need to be thoroughly examined.

Who is affected?

The affected parties include litigants (plaintiffs/defendants), legal counsel, judges, and expert witnesses who are tasked with gathering the necessary information to resolve a dispute.

How does it work?

In practice, 'research' involves examining documents, reviewing prior rulings, analyzing statistical data, or conducting preliminary inquiries to build a solid foundation for a legal argument or finding.

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Wikipedia

Research

Research

Research is creative and systematic work undertaken to increase the stock of knowledge. It involves the collection, organization, and analysis of evidence to increase understanding of a topic, characterized by a particular attentiveness to controlling sources...

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