Introduction to Legal Research

By Thwe Thwe San

thwethwesan7@gmail.com
riathwe7012@gmail.com
 How to start a Legal research
Some legal research problems are straight forward.
But for other legal research problems you will have to analyze it.
In general, the following procedure is useful:
• Read your legal research problem carefully.
• Identify the relevant facts, including the appropriate
jurisdiction(s)
• Identify the general area(s) of law involved: e.g., civil; tort;
contract.
• Identify the issues
• Consider and state any legal principles you already know that
apply to these issues
 Legal research sources 
• Books; Websites; Articles; Informal sources

Primary sources  Secondary sources

Primary legal sources are the Secondary legal sources may restate

actual law in the form of constitutions,
court cases, statutes, and
administrative rules and regulations.
the law, but they also discuss, analyze,
describe, explain, or critique it as
well. Secondary sources are used to
help locate primary sources of
law, define legal words and phrases, or
help in legal research. In short,
anything that is more than the
actual law is considered a secondary
source.
 How to find relevant Laws?
Think with your common sense and steps by
steps.
Employment Laws

Contract Laws Taxation Laws

Educational Laws
Land Laws Investment Laws

IP Laws Civil Laws/Tort other Laws

 Activity 1
• Party A has a property (house) in Yangon. His
property has been destroyed due to a clash
between Military forces and Myanmar
citizens. Please advise him how to proceed
with which laws and which administrations to
compensate for his lost?
• Research a case about Force majeure event in
Myanmar.
 How to read a case

How to Read a case?

• Scan the important facts of the case which
include relevant provisions
• Wrap your heard around the parties
• Read the cases within the case
• Study the case until you can explain the case
to you Grandmother
 How to analyze a provision 
• Try to understand every words in a provision
its interpretation and scope
• Checklist each rulings in it
• Approach from different points
• Check out relevant provisions
• Myanmar Companies Law 2017
 Legal writing
• Different legal writings for different individuals
• Contracts; Legal Documents; Notice;
Memorandum
• Be careful of using legal terms/maxims
• Use a legal dictionary
• Practice Practice Practice!!!
 IRAC
• I – Issue/ Can Arbitration decisions be
enforced in Myanmar?
• R- Rules/Regulations/ Arbitration Laws
• A- Application / Sections
• C- Conclusion/Case
Memorandum/Case Brief/ other Legal
Documents
How to find Laws and Cases in Myanmar?

• Scholars’ Books
• Myanmar Laws Information System
• Relevant Ministries’ Resources
• 3 Digests
• Follow informal sources
• Supreme Court Myanmar website
• Other available websites
 Activity 2
• How to enforce a contract? Provide with
relevant regulations?
-Use relevant laws/ Legal reasoning/ websites/