Fundamentals of Legal Research and Writing 1.

Primary Authorities – binding laws

2. Secondary Authority – could be persuasive but not binding
Technique w/o ideals is a menace; ideals w/o technique are a mess – Karl
Llewellyn Types of Sources

Four Stages of learning 1. Primary Sources – print sources e.g. Official Gazette, actual filed
copy of regulations/issuance (original, most accurate copy of the
1. Unconscious Incompetence
law)
“I don’t know that I don’t know.” 2. Secondary Sources – e.g. Lawphil, E-SCRA

2. Conscious Incompetence Hierarchy of Laws

“I know that I don’t know.” 1. Constitution

2. Statutes
3. Conscious Competence 3. Issuances, Ordinances
“I know that I know.” 4.

4. Unconscious Competence

“I don’t know that I know.”

IMPORTANCE:

 Legal skills, which are essentially the effective application of legal

knowledge, involve two things:
1. Authorities (research and citation)
2. Effective Use of Authorities (writing and oral argumentation)
 Always involves legal questions/issues/disputes
 Because people may appreciate fact or events differently. They
may also interpret the law differently

Basic Perspective (2 Hats of a lawyer):

 As NEUTRAL EVALUATOR
 As ADVOCATE – convince the decision maker to adopt your side

What is Legal Research?

Basic Steps of Legal Research

Types of Authorities: