Court & Hearings

What is legal research?

Legal research includes figuring out:

• What laws apply to your situation,
• Which facts matter to your claim,
• The things you can ask a judge for in a court case, and
• Other cases that might convince the judge to rule in your favor.

Why do legal research?

Legal research helps people:

• Understand rights and responsibilities,
• Figure out if the law helps solve a specific problem, and
• Represent themselves when handling legal issues.

Tips for getting started

Here are some tips to help you get started on your legal research:

Get all your facts together and write them down

A statement of facts should provide objective details relevant to your case, including:

• The date something happened,
• Who was involved,
• What exactly they said or did, and
• The result of their actions.

A statement of facts isn’t a place to say whether someone’s behavior was right or wrong.

Identify what you would like to happen, including what, if anything, you want a judge to do to help you

• Do you want monetary compensation from the other side?
• Do you want someone else to stop doing what they’re doing?
• Do you want a judge to sign off on paperwork, like a legal name change?
• Is your goal to start or end a legal relationship with someone else, like adoption, divorce, or guardianship?

Visit a law library near you

Most court and law school libraries are open to the public and have all the resources discussed in this article. Law librarians can point you in the right direction, although they can’t give you legal advice.

Keep track of your research

You need to cite your sources if you’re writing your own legal memorandum or brief. Citing your sources means showing where you found the rules or information you’re using. This includes noting the statutes, rules, legal cases, or other information that support your arguments. Some resources on this website include citations that can help you get started.

For help citing Illinois case law, visit the Northern Illinois College of Law website. For other citations, try the Indigo Book.

Citations that aren’t perfectly formatted are still better than none at all. Citations show that you did your research and used reliable sources to back up your work. They also help others, including the judge, check the information. 

Finding legal resources

There are many resources that you can use to do your legal research. This page gives you an overview but can't replace a lawyer's expertise. 

Even though everyone works with the same sources of law, how the law is applied to the facts matters in how a judge rules. Lawyers are trained to evaluate how different laws and judicial decisions fit together. Lawyers who practice in the court where a case is heard may have insight into local procedure.

Primary legal sources

Primary legal sources say what the law is. Laws are found in constitutions, statutes, regulations, or published court opinions. Since primary sources are the law itself, it’s good to cite primary sources in court. For a broader overview, visit the AALL’s Guide for Non-Lawyers. 

Primary legal sources include:

Constitutions

• The US Constitution, and
• The Illinois Constitution.

Constitutions create our legal frameworks and foundations. The Illinois Constitution applies to a broader range of topics than the United States Constitution. It provides specific guidelines unique to Illinois.

Statutes

Statutes are laws that are voted on and passed by the US Congress or the Illinois General Assembly. Statutes are sometimes called “acts.” Statutes can be hard to read and apply, so using a secondary source may be helpful.  

• Federal statutes are laws passed by the United States Congress. To learn more about federal statutes, see this Beginner’s Guide.
• Illinois state statutes are laws passed by the Illinois legislature. These user-friendly summaries link to relevant sections.
• Illinois municipal codes are laws passed by cities, counties, and municipalities. Most are available on local government websites. You can also search for “Illinois municipal code” followed by your city or county name. 

Regulations

Regulations are rules made by federal and state departments and agencies. They often provide more details about how a statute applies in everyday life.

If part of your claim is that a regulation violates your statutory or constitutional rights, talk to a lawyer for guidance.

Visit the:

• Code of Federal Regulations for federal regulations, and
• Illinois Administrative Code for state regulations. 

Case law

Case law is law that comes from decisions in specific court cases. Court decisions can:

• Create law,
• Interpret other laws, such as constitutions, statutes, regulations, or cases,
• Strike down statutes or regulations, and
• Invalidate other case law.

For example, a judge may find part of a law unconstitutional if it conflicts with the Constitution. After the judge’s decision, the law may stay on the books but not be enforced. If you were researching this law and didn’t look for related cases, you might not find out the status of that part.

In both the federal and state court systems, there are different levels of courts. Generally, there are trial-level courts, appeals courts, and final appeals courts or supreme courts.

Published cases from higher appeals courts within the same court system carry more weight than lower court decisions. To understand how this works, visit this guide from Georgetown University Law Center. You can also learn more about the different levels of Illinois courts.

You can find court opinions from different courts online, including:

• Federal cases:
  • United States Supreme Court decisions,
  • United States Seventh Circuit Court of Appeals decisions, which can also be found in Google Scholar, and
  • Decisions from the United States District Courts for the Northern, Central, and Southern Districts of Illinois, also found in Google Scholar.
• State cases:
  • Illinois Supreme Court cases, which can also be found in Google Scholar, and
  • Illinois Appellate Court cases, which can also be found in Google Scholar.

You can also look at How to Read a Judicial Opinion: A Guide for New Law Students (written for law students, but useful to other audiences) for tips on how to read cases.   

Secondary legal sources

Starting your legal research with a secondary source may be helpful.

Secondary sources are background materials that can summarize an area of the law. They point you to primary sources you should look at. For these reasons, lawyers often use secondary sources to guide their research.

However, secondary sources aren’t mandatory authority. The judge doesn’t have to follow what they say and might even disagree with how they describe the law. So, it’s best to cite primary sources in court.

Secondary legal resources include:

• Illinois Institute for Continuing Legal Education Guides (IICLEs),
• Treatises,
• Legal handbooks,
• Law reviews, and
• Legal dictionaries and encyclopedias.

For a list of secondary sources and where to find them, see Secondary legal resources. 

Electronic search databases

Electronic databases such as Westlaw and LexisNexis allow you to search electronic versions of treatises, statutes, cases, rules, and regulations. These databases are excellent resources. Law firms buy subscriptions to access the database content and related training.

Law libraries may offer patrons free access to these databases and provide assistance in learning to use them. For example, Cook County residents can access Westlaw and Lexis for free inside the Cook County Law Library at 50 W Washington St #2900 in Chicago.

Getting legal help

Because legal research can be hard, speaking to a lawyer may be a good idea. To see if you qualify for free or low-cost legal aid, visit Get Legal Help.

Limited scope representation may also be an option for you. Limited scope representation is where a lawyer agrees to help with part of a legal matter but not all of it. Typically, lawyers do this for a fee that’s lower than the cost of hiring a lawyer to do everything for you. Learn more about finding limited scope representation.

Illinois Free Legal Answers, a virtual advice clinic, is another option. Users can post civil legal questions for free. Licensed attorneys volunteer to answer questions. Questions may not be answered quickly, if at all.

For public events about specialized legal information, visit the ILAO events calendar and filter for events available to the public. You can also see if there are free legal aid clinics you are eligible for, like ones run by Legal Aid Chicago or Chicago Volunteer Legal Services.

You can also go to a legal self-help center to learn about the law, your rights, and how to go to court. Legal self-help centers are located at public libraries and courthouses.