How To Research Your Local or State Laws: A Step-by-Step Guide

You can research state statutes and local ordinances for free, often through official government websites and public legal resources. Before you start searching, identify the jurisdiction, use reliable sources, and confirm the law you find is current. Those few steps can save you from relying on outdated or incomplete information.

The process can become more complicated when laws overlap, or one section sends you searching through several others. This guide breaks down where to look, how to check your work, and when a lawyer may be able to give you answers that online research cannot.

For legal advice about how a law applies to your situation, find an attorney through the Super Lawyers directory.

Figure Out Which Government’s Law Applies

The first question is simple: Who made the rule you are trying to find? Before you dig through statutes and legal websites, figure out which government has legal authority over the issue. You may be dealing with federal or state law, a local ordinance, or a combination of all three.

Federal laws are found in the United States Code. This is separate from the U.S. Constitution, which establishes the federal government and protects certain rights. The U.S. Code is organized into titles, which are then broken down into chapters and then sections.

Each state has its own constitution and statutes. Many follow the federal structure of titles, chapters, and sections to organize the statutes. Local governments may also have authority to create ordinances covering issues within their communities. These materials are examples of primary law, also called primary authority, because they come from the government bodies responsible for creating or enforcing the law.

Some legal questions involve only one level of government. Others are less tidy. A state law may apply alongside federal requirements, while a city or county ordinance may add another layer. For example, an employment dispute could involve federal, state, and local laws. Identifying the right jurisdiction before you start can save you from spending time researching a law that doesn’t apply to your situation.

Start with an Official Government Website

Start your research by reading the actual law. Then look for resources that explain what it means or how it works. State legislatures, city and county governments, courts, and government agencies often publish statutes, ordinances, and regulations online. These materials are considered primary sources because they contain the law itself. These websites are especially reliable because they are official government sources.

Legal research also involves secondary sources, which explain, summarize, or analyze the law. Legal encyclopedias, articles, and other reference materials can be helpful when you need background information or are trying to understand an unfamiliar topic.

However, primary and secondary sources serve different purposes. A secondary source may help you find the relevant law, but you should check the primary sources before relying on the information.

Professional legal research platforms such as Westlaw and Lexis provide access to extensive collections of statutes, regulations, court decisions, and secondary materials. However, you don’t need access to those paid databases to begin your research.

Use the Right Search Terms

The language we use in everyday conversations doesn’t always align with the correct legal terminology.

For example, assault and battery are commonly used, but they can mean very different things depending on the state’s law you are reading. People say that they got a DUI, but some states do not have DUI in their statutes. Instead, the state’s laws refer to it as an OVI or something else.

People may state that they have a hearing in family court for their divorce or child custody/support. However, some states do not have a standalone, independent family court system. Instead, they handle these matters in general-jurisdiction trial courts (such as district, circuit, or superior courts).

Using the wrong terms makes it harder, or even impossible, to find the right law. Search engines use algorithms to return results that they think you want. If you’re using the wrong terms, the algorithm may never connect you with the resources you need. You may also find less reputable or untrustworthy sources that use incorrect terminology.

Start with the terms you would typically use when talking about your legal matter. Then, look for alternatives. Try broader and narrower searches. Search within the statutes to see the language the law uses. Pay attention to the sections that list the defined terms.

Make Sure You Are Reading the Current Version of the Law

The law is constantly evolving. Some statutes are amended every few years, while others can remain unchanged for decades. Before relying on what you find, check whether you are reading the current version and look for any recent changes to the law.

That research may involve more than checking the date at the top of a statute. Case law can change how courts interpret a law, and recent court decisions may establish new precedents that affect how the statute is applied. Decisions from a state supreme court, a federal district court, or even the U.S. Supreme Court can all matter, depending on the legal issue and jurisdiction.

The court system has a hierarchy. Higher courts have controlling authority over lower courts. The U.S. Supreme Court is the country’s highest court. Its rulings on federal law control other federal and state courts. States have varying structures, but they generally follow a district, appeals, and state supreme court structure. A state’s supreme court generally controls lower state courts on questions of state law. However, it wouldn’t have controlling power over a lower court in another state.

When checking for updates, look at the effective date and any recent amendments. You may also come across annotated codes, which include annotations that provide references to court decisions, legislative history, and other materials related to a statute.

These resources can help you identify where to continue your research. Some legal research systems also use key numbers to organize cases by legal topic, making it easier to locate case law addressing a particular issue.

Read More Than the One Section You Found

One of the most common mistakes people make when researching the law is stopping when they find a statute that supports their desired outcome. They read a law that sounds relevant to their situation and believe that is all they need to know.

Unfortunately, the law can be layered, nuanced, and complicated. A single paragraph is rarely the complete answer. Seek out secondary sources to fill in the gaps and build a complete legal picture.

If the section you are reading refers to another statute, follow the trail and read that one too. Statutes often refer to a definition of a term located elsewhere. A required procedure or timeline may be outlined elsewhere and must be followed.

A separate agency regulation may also need to be addressed. For example, a personal injury lawsuit against the government typically requires filing a separate notice with a specific government agency before the claim can be filed in court.

Cross-reference the information found by reading related statutes. Follow each mention like a breadcrumb trail. Look for phrasing like “as defined in Section ___,” or “except as otherwise provided.” These are signals that the current paragraph doesn’t contain all of the relevant information.

Sometimes, it helps to go from a specific statute to the table of contents. It can give you a better idea of what is covered and what may be relevant.

Use Free Legal Research Resources To Fill in the Gaps

You do not need a Westlaw or Lexis subscription to keep researching when an official website leaves you with questions. Free legal resources can help you understand unfamiliar terminology, locate court opinions, and find additional sources.

Law School and Legal Library Resources

Many law school and public law libraries make research materials available online. Their websites may include guides organized by state or legal topic, links to free legal databases, and explanations of where to find different types of legal information. Law librarians can also be a valuable resource if you are having trouble figuring out where to start.

A legal dictionary is another useful tool. Legal terms do not always mean exactly what they mean in everyday conversation. Looking up an unfamiliar term before continuing your research can prevent confusion.

Free Legal Information Websites

Google Scholar is another free option for finding court opinions. You can search cases by topic, phrase, or other terms and see how courts have addressed a particular issue. It can help you locate court decisions that may provide context for the statute or ordinance you found.

Keep Track of What You Find

The more you research the law, the more easily you can get lost in legal terminology. Keeping track of what you researched and where you found answers is essential for staying organized. It also lets you return to what you read later. Start by listing your research questions.

For each question, create a list that includes the name of the statute or ordinance you found. Include the citation or section number. Include the link to the government website where you found the law. Note the date when you accessed the law. Write down any new or unresolved questions that you may have.

What Free Legal Research Can and Cannot Tell You

Anyone can learn about the law and expand their understanding of how the American judicial system works. However, independent research of legal rules can only take you so far. Gaps will remain, which is why lawyers attend law school. They develop a deeper understanding of the law and the skills necessary to represent clients.

Free legal research may not be able to answer these questions:

• How a court would interpret the law in your situation
• Whether another statute or regulation changes the answer
• Whether recent court decisions affect the law
• Whether an exception applies
• What evidence you need
• What you should do next

Stop Researching and Talk to a Lawyer

Researching your state or local laws can help you better understand the rules that may apply to your situation. If your research has left you with a longer list of questions, a lawyer can save you time and prevent a costly mistake.

Use the Super Lawyers directory to find a lawyer in your area who can help you sort through them.