Massachusetts Legal Research

This guide is intended for legal researchers who wish to research the laws of Massachusetts. It covers Massachusetts-specific secondary sources, statutes and regulations, and case law. Many of the resources provided in this guide are free and publicly available while others may only be accessible to UMass Dartmouth or UMass Law students. 

The legal research process typically begins with a planning stage and by consulting secondary sources. Below is a list of the steps in the legal research process with Massachusetts-specific considerations provided where relevant.

1. Preliminary Analysis and Planning
   • Write down your issue statement and jurisdiction.
   • Write down relevant facts.
     • List your TAPP - Things, Actions, People, Places.
       • Consider different levels of abstraction. For example, material relevant to your client's fight at an Applebee's may include language about bars and restaurants.
   • Consider your court.
     • Massachusetts has low level subject matter courts (E.g. Juvenile & Land courts).
     • Massachusetts courts have different sets of rules depending on level and subject matter.
2. Consult Secondary Sources
   • A good secondary source for Massachusetts law will be one that deals exclusively with Massachusetts.
   • Be careful not to confuse Massachusetts legal materials with those applicable to the U.S. District Court for the District of Massachusetts or the First Circuit Court of Appeals -- these are federal courts.
   • Secondary sources with national jurisdiction can be useful, but you must determine which parts of that resource describe Massachusetts law.
   • Secondary sources which are regularly updated or "maintained" will give you the most up to date law and take changes into the law into account. 
3. Find Primary Law
   • After locating a good secondary source, you should take note of relevant statutes and cases listed as support for any relevant portion of that secondary source.
   • You can use that primary law to find additional authority by looking at what other cases cite to it or, if its a case, what authority is used within the opinion.
   • Federal courts may at times apply Massachusetts law. These authorities are useful to the extent that they are persuasive.
4. Update the Law
   • Before you decide your research is over, you must determine if the law on which your argument relies is 'good.' This means looking out for subsequent negative treatment or invalidation for each authority you cite. 
   • This can be done easily by using citator tools available on Lexis and Westlaw.