Tips on Legal Research & Writing

Legal Research: Domestic Law in Kosovo hierarchy of laws

Primary Laws, e.g.:
Criminal Procedure Code
Law on Contested Procedure
Constitutional Court Decisions
Laws adopted by the Kosovo Assembly
Secondary Laws, e.g.:
Rules created by government ministries and institutions to execute laws
passed by the Assembly
Legal Research: International Law
Primary Sources, e.g.:
Treaties, Conventions, Charters, and Declarations (such as the ICCPR and
ECHR)
Case law (from courts such as the ICJ or ECtHR)
Secondary Sources, e.g.:
Articles by legal scholars
Reports from international organizations (such as the UN, OSCE,
European Council, etc.)
When conducting legal research, whether it involves domestic or international law (or
both), make sure you look at original source documents. For example, if you want to cite
to Article 3 of the International Covenant on Civil and Political Rights (ICCPR), check
the original text of the document (available on the UN OHCHR website) and do not rely
on sources like Wikipedia.
Legal Writing: Summarizing Cases
The main objective when writing a case summary is to ensure that you have included all
relevant details of the case in a succinct and clear manner.
Components of a Case Summary:
1. Facts: include relevant case facts look at the arguments of both parties.
2. Issue: what are the parties asking the court to decide? What is the legal issue?
3. Conclusion: what decision did the court reach?
4. Reasoning: what legal reasoning did the court use to reach the decision?
Legal Writing: Legal Memoranda
Components of a Legal Memorandum:
1. Introduction: the introduction should be a brief overview of the entire
memorandum. It should briefly summarize the issue, facts, discussion/analysis,
and your conclusion/recommendation because it is an overview of the entire
document, it is often helpful to write the introduction last.

2.

3.
4.

4.

5.

6.

In theory, if someone reads through your introduction alone, they

should have a basic understanding of your entire memo.
Issue(s) Presented: Identify which issue or issues you have been asked to discuss
in your memo.
i. Suggest to present it as a question its more clear to the reader
clarifies your writing and clarifies readers understanding. Frames
their analysis, as well as your writing.
Short answer: This is a brief response to the issue presented.
Statement of Facts: If the memorandum relates to an actual case or real life
situation, include all relevant facts. Use your best judgment to determine what
facts are relevant and include facts that are both favorable and unfavorable to
your legal argument.
If you are asked to draft a memo on a purely legal issue that is not
related to an actual case or situation, you will omit this section.
Discussion of the Legal Rule(s): State the relevant law or principle.
Use headings and subheadings for each different law or principle you
discuss.
For each law or principle, cite the source in either Kosovo or
international law that you are using to support your argument. Such
sources may include case law, treaties or statutes, or reports and articles
from trusted legal sources (like the KJI, KJC, KPC, KCA, European
Council, or OSCE).
Analysis: in this section you must apply the legal rules and case law to the facts of
the case (do not assume that it will be obvious how the law applies to the facts
be explicit in your analysis). This is often the most important section of your
memo and is likely to be the longest.
How do the laws apply to your case?
If you are applying previous case law, are the facts of that case similar
or dissimilar from your own?
Discuss how the law is likely to influence your case make sure you
discuss how the law may positively impact your case, but also how it may
negatively impact your case (you want to give a complete analysis in a
legal memo, do not overlook factors that are unfavorable to your
argument.)
Conclusion: state the conclusion of your legal argument and provide
recommendations on what the next steps should be.

General Tips for Writing a Legal Memo:

Ask for clarification if you need it!
Start your memo by drafting an outline (it will make the actual writing process
much easier and will improve the organization and clarity of your writing).
Use page numbers and headings/subheadings to organize your memo.
Cite the legal sources used to support the law.
Do not plagiarize either quote sources directly, including citations, or
paraphrase.
Proofread the document.

Pay attention to any legal developments or changes in the law that may affect
your memo.
Be sure to include a memo heading that includes the recipient (To:), the sender
(From:), the date, and the subject.
Remember to format consistently. It does not add artistic merit to your document
if you have seven different fonts therein.