Using Secondary Sources
Although primary sources of law (i.e. case law, statutes, and constitutional
provisions) are the sources that establish the law on a given topic, they
are
often tricky places in which to locate answers. Secondary sources (sources
that tell you something about the law), often explain legal principles more
thoroughly
than a single case or statute, and using them can help you save time. Secondary
sources help you avoid unnecessary research since you’re tapping into
work that someone else has already done on an issue. Moreover, they are useful
for learning the basics of a particular area of law, understanding key terms
of art in that topic, and identifying essential cases and statutes for that
issue. Secondary sources include Legal Encyclopedias,
American Law Reports (ALR), Treatises,
and Law Review articles. This guide provides a basic overview
of these sources as well as information about finding, citing and using these
materials.
Like general encyclopedias, legal encyclopedia entries appear alphabetically by subject, and they are usually neutral in tone. They often include citations to cases and other useful materials such as terms of art relevant to a particular issue, making legal encyclopedias a useful place to start legal research. The two most popular general legal encyclopedias are American Jurisprudence, 2d (“Am. Jur.”) and Corpus Juris Secundum (“C.J.S.”). In addition, there are numerous state legal encyclopedias, as well as encyclopedias with a particular focus, such as American Jurisprudence Proof of Facts. As a general rule, legal encyclopedias are not cited as the ultimate source for a legal proposition. Rather, legal encyclopedias are best used as a starting point for one’s research. Click on the following links to learn more about using, citing, and finding legal encyclopedias.
Like encyclopedia entries, American Law Reports (“A.L.R.”) annotations
provide a straightforward, neutral analysis of the law, except that A.L.R. annotations
tend to discuss narrower legal topics in greater detail. A.L.R. annotations
are derived from select appellate court cases, making the entries fairly fact
specific and often focused on rapidly developing or controversial areas of law.
A.L.R.’s strength is that it presents an organized commentary and discussion
of previously reported cases on a particular subject. Additionally, articles
contain a Table of Jurisdictions, which identifies cases arising from a particular
state. If there is an A.L.R. annotation on your topic, it can save you a great
deal of time since it identifies the key cases, statutes, regulations and law
review articles impacting your issue. Click on the following links to learn
more about using, citing,
and finding A.L.R annotations.
Treatises, or books, are expositions by legal writers on the law as it pertains to a particular subject. Treatises may be scholarly in nature, such as Blackstone’s Commentaries on the Law, or they may be geared toward a legal practitioner, such as a manual or handbook. Legal treatises can range from multivolume, specialized texts to short single volume works on specific issues. Different kinds of treatises have different purposes. For example, some treatises are designed to serve as teaching tools, such as legal hornbooks. Hornbooks are written primarily for a law student audience, and provide a more detailed treatment of a particular area of law than an encyclopedia or A.L.R. entry. Generally they contain summaries of landmark cases and other useful details. Similarly, a nutshell is a book that provides an overview of a topic without a detailed analysis or extensive case referencing. Other treatises are designed to serve as practitioners’ tools. These works tend to address realistic legal problems and often provide useful features for practicing lawyers, such as forms and tables. Looseleaf services - a frequently supplemented tool that specializes in a particular area of law, is another kind of treatise. Looseleaf services often contain primary legal sources, finding aids, and secondary source material, making them an invaluable resource if one exists for your topic. Still other treatises are designed to serve as self-help publications such as those published by Nolo Press. Click on the following links to learn more about using, finding, and citing treatises.
Law review or journal articles represent another valuable secondary source
in legal research. Law reviews are a scholarly publication, which are usually
edited
by law students in conjunction with faculty members. The reviews may contain
lengthy articles and shorter essays by professors and lawyers as well as
comments,
notes, or developments in the law written by students. Some law reviews are
dedicated to a particular topic and publish the proceedings of a wide range
of panels and symposia on timely legal issues. The particular value of law
reviews
is the depth in which they critique and analyze a specific topic and the extent
of their references to other sources. Additionally, law review or journal
articles
often focus on new or emerging areas of law and they can offer more critical
commentary than a legal encyclopedia or A.L.R. entry. Click on the following
links to learn more about finding and
citing treatises.