Secondary Sources

1. Secondary Sources

2. Contents • Introduction • ALR® • Legal Encyclopedias (Am Jur®, C.J.S.®) • Restatements of the Law • Legal Periodicals • Texts • Law Dictionaries • Uniform Laws • Digest Paragraphs, Headnotes, and Statutory Annotations

3. Introduction Contents

4. Introduction Primary and Secondary Law • Primary law sources: • are statements of law by governmental institutions, such as the courts or legislatures • consists of case law, statutes, constitutions, administrative decisions, rules of court, and regulations • may be binding (mandatory) or persuasive authority • Secondary law sources: • are statements about the law by legal experts • explain, interpret, develop, locate, or update primary law • are never binding (mandatory) authority • may be persuasive authority

5. Introduction • Binding or mandatory law: • Applies to the current case and must be followed • Persuasive law: • Can be analogized to the current case and may be followed. Persuasive law includes primary law that is • law from another jurisdiction • dicta • a similar but different fact pattern • Secondary law

6. Introduction If secondary sources aren’t binding, why use them? • They often provide an objective overview of an area of the law; therefore they are a good place to start research in an unfamiliar area of the law. • They may raise issues not previously considered. • They cite or link to cases, statutes, and other secondary sources that are relevant to the current issue. • Some secondary sources are sufficiently respected that they can be used as persuasive authority when primary source authority cannot be found.

7. Introduction The most useful secondary sources are available on Westlaw® as well as in print: • American Law Reports (ALR) • American Jurisprudence 2d (Am Jur) • Restatements of the Law • Law reviews (depth of coverage on Westlaw varies) • Bar journals (depth of coverage on Westlaw varies) • Black’s Law Dictionary® • Uniform Model Laws • Many treatises

8. Introduction Mr. Smith decides to throw a cocktail party for potential contributors to his favorite charity. He lavishly supplies alcoholic beverage while soliciting donations. The party is a great success. Much money is raised, and the guests show all the signs of completely enjoying themselves. Several of the guests become unruly. Mr. Smith escorts one such guest, Mr. Jones, to his car, helps him into the car, and warns him to “be careful.” Mr. Jones drives off but within a few blocks of the party crashes into another car, causing severe injuries to both himself and the occupants of the other car.

9. Introduction Mr. Smith’s lawyer knows that the state’s Dram Shop Law imposes liability on commercial sellers of alcohol who illegally sell alcohol to a customer who later causes injuries due to intoxication. In some states this liability extends to social hosts who accept something in return for drinks; in others it does not. If you are unfamiliar with this area of the law in your state, secondary source materials are an excellent starting point for your research. Secondary sources: • provide an objective overview of the topic • suggest issues you might not have thought of • reference relevant cases and statutes

10. American Law Reports(ALR) Contents

11. ALR American Law Reports(ALR) • ALR editors select and report cases that represent specific legal issues that are emerging, unsettled or changing and that are of interest to to many lawyers. • A legal scholar writes an annotation, often called an ALR “article”, using the case as the basis of the annotation. • The article explores the law of the jurisdictions that have dealt with this issue. • The author uses this law to provide an objective analysis of the current state of this area of the law.

12. ALR • In print, American Law Reports consists of six series. • Federal Series (ALR Fed.), 1969 to date, analyzes only federal issues • Fifth Series (ALR5th), 1992 to date, analyzes only state issues • Fourth Series (ALR4th), 90 volumes, 1980 – 1992, analyzes only state issues • Third Series (ALR3d), 100 volumes, 1965 – 1980. This and the earlier series analyze both state and federal issues. • Second Series (ALR2d), 100 volumes, 1948 – 1965 • First Series (ALR), 175 volumes, 1919 – 1948

13. ALR • The print articles include1 • Total Client-Service Library® and other research sources references • legal encyclopedias and texts • practice aids • law review articles • electronic search queries • West Key Numbers • ALR Digest • Article outline • Index to topics included in the annotation • Jurisdictional table of cited cases and statutes • Text of the annotation 1 Features vary somewhat by series.

14. ALR Features of the ALR in Print Total Client-Service Library and other research sources Table of Jurisdictions Represented Article Outline and Index

15. ALR Finding Aids in Each Volume Each recent volume includes • Contents (annotations in the volume) • Subjects Annotated in the volume • Table of Cases reported in the volume • Some 4th Series and all 5th Series volumes include instructions explaining • how to find an article • how to use an article • a graphic showing how to update an annotation

16. ALR Finding Aids ALR Indexes • Multivolume ALR Index • lists articles by subject matter • includes all ALR volumes, except those in the First Series • is updated with annual pocket parts • ALRFederal Quick Index • ALR Quick Index for ALR 3d, 4th, and 5th series

17. ALR Finding Aids ALR Digest • ALR Digest is divided into more than 400 topics arranged alphabetically. • Under each topic are headnotes from cases reported in the entire ALR family along with a list of the articles that deal with the particular subject in question. • ALR has a digest set. • ALR2d has a digest set. • ALR3d, ALR4th, ALR5th, and ALR Fed are combined in one digest set.

18. ALR Updating ALR Articles • Check the annual supplement in the back of the main volume in the ALR 3d, 4th, and 5th series. • The supplement provides citations to more recent cases relevant to the article topic. • Digests of cases are keyed to the correct section of each article. • ALR2d is kept current by a multivolume ALR2d Later Case Service. • ALR. (First Series) is kept current by the ALRBlue Book of Supplemental Decisions. Each of the eight volumes covers a specific time period. • Latest Case Service Hotline updates each supplement. The phone number (1-800-225-7488) is printed on the cover of each supplement.

19. ALR Superseding and Supplementing Annotations • The analysis of the law as presented in an early article may be changed by later case law. • Articles in the first and second series were often supplemented by a later article and the original and the supplementing articles had to be read together. • Annotation History Table in the last volume of the ALR Index gives the history of articles in all the ALR series. • KeyCite History on Westlaw also shows whether an ALR articles has been superseded or supplemented.

20. A red KeyCite flag is displayed on the superseded ALR annotations. ALR Superseding Articles 62 ALR4th 16 has superseded both 75 ALR2d 833 and 97 ALR3d 528. Superseded by Superseded in Part by

21. ALR • In the print ALR volumes, the lead case precedes the article or, in ALR5th, all cases are printed at the end of the volume. • You can use the Find service on Westlaw to retrieve either the ALR lead case or the ALR article. Find 62 alr4th 1 - retrieves the case Find 62 alr4th 16 - retrieves the article • The ALR case citation is a parallel citation to the state, regional, or federal reporter citation. • On Westlaw, the lead case is not in theALRdatabase. It can be found in the appropriate state, regional, or federal case database(s).

22. ALR ALR on Westlaw • In the ALR database on Westlaw, there are often very current articles that discuss recent issues of interest that have not yet appeared in the print version. • The Total Client-Service Library and other references are accessed by clicking Document Outlineon the Linksfor tab in the left frame of the retrieved ALR article. (See next slide.) • The Article (Annotation) Outline is accessed by clicking Document Outlineon the Links for tabin the left frame. (See next slide.) • You can also link from the Document Outline to the article’s Index and Table of Jurisdictions. • Database: ALR Query: ti(“social host” /s liab!)

23. ALR ALR Features on Westlaw Click Document Outline on the Links for tab to display online finding aids for each ALR article.

24. ALR KeyCite and Using Westlaw as a Citator • KeyCite Citing References for case law, statutes, federal regulations, and agency decisions will include links to citing ALR articles. • ALR articles have KeyCite History and KeyCite Citing References links on the Links for tab. KeyCite History for an ALR annotation will show if an ALR article has been superseded by a more recent article. • Use Westlaw as a citator. Enter a search, such as dram-shop “social host” /s liab! /p a.l.r.! to retrieve references to ALR articles in databases that contain cases, texts, or legal periodicals.

25. Legal Encyclopedias American Jurisprudence 2d Corpus Juris Secundum® Contents

26. Encyclopedias • Legal encyclopedias • are arranged alphabetically by topic • divide topics into sections • have a fairly short non-analytical narrative in each section • give a general, rather than in-depth, view of the law • cross-reference relevant primary law • Legal encyclopedias are a good place • to start research in an unfamiliar area of the law • to get a quick, general, answer to a legal question.

27. Encyclopedias American Jurisprudence 2d • Provides a broad overview of a topic • Identifies specialized vocabulary • Provides citations to primary materials and ALR annotations • Cross-references other secondary material

28. Encyclopedias American Jurisprudence 2d (Am Jur 2d) • The print version of Am Jur 2d consists of • 120 volumes1 • more than 430 titles • Each volume contains a • Table of Contents • Table of Parallel References • Table of Statutes and Rules Cited • Index for articles in the volume • Topics are preceded by a detailed scope note, general cross-references, and an outline of the topic. 1The last volume is numbered 83 because more than one volume may have the same number, for example the volumes 45, 45A, 45B.

29. Encyclopedias Am Jur 2d • The annual four-volume General Index contains definitions of words and phrases. • On Westlaw, the index can be retrieved in the AMJUR databases with a search, such as: ci(index) ci(index) & dram-shop • There is a separate volume titled Table of Statutes, Regulations, and Rules Cited.

30. Encyclopedias Updating Am Jur 2d • There are annual pocket supplements. • The Am Jur Index is issued each year. • The New Topic Service, in looseleaf format, introduces new material before new volumes are issued: • new topics of the law • substantial changes in the law • Bound volumes are periodically revised.

31. Encyclopedias Other Am Jur Publications • American Jurisprudence Proof of Facts • A multivolume set • a practical guide for lawyers • contains • checklists and planning advice • preparation for trial materials • examination of witnesses materials • American Jurisprudence Trials is a treatise on litigation practice. • American Jurisprudence Legal Forms and American Jurisprudence Pleading and Practice Forms (Revised) contain the forms needed in the practice of law.

32. Encyclopedias AmJur Databases on Westlaw • AMJUR – Am Jur 2d •  AMJUR-LF – American Jurisprudence Legal Forms • AMJUR-PP – American Jurisprudence Pleading and Practice Forms Annotated • AMJUR-POF – American Jurisprudence Proof of Facts • AMJUR-TRIALS – American Jurisprudence Trials • AMJUR-POFTR – American Jurisprudence Proof of Facts and Trials Combination • AMJUR-ALL – includes all American Jurisprudence databases

33. Encyclopedias Database: AMJUR-ALL Query:ti(“social host”/s liab!) This Am Jur Proof of Fact document was retrieved from the AMJUR-ALL database. Along with the text and references to cases and other legal documents, it contains sample interrogatories, checklists and other practical legal materials. Click Document Outline on the Links for tab to display links to materials included in the document.

34. Encyclopedias Corpus Juris Secundum(C.J.S.) • C.J.S. contains 400 broad topics, each divided into subtopics, which are sub-divided into sections. • There are 150 volumes.1 1The last volume is numbered 101 because more than one volume may have the same number, such as 48A and 48B.

35. Encyclopedias Corpus Juris Secundum(C.J.S.) • Each section contains a brief, “blackletter” statement of the law, followed by a short section of text. • Footnotes reference federal and state cases. • C.J.S. cross references the titles and sections to West topics and key numbers and other secondary sources.

36. Encyclopedias Corpus Juris Secundum • There is an annual multivolume General Index. • Each volume has its own index. • There are annual cumulative pocket supplements. • Replacement volumes are issued periodically. • Replacement volumes contain a Table of Corresponding Sections that cross-references replacement volumes with older volumes. • Definitions of words and phrases are included with appropriate sections and in the volume indexes. • Corpus Juris Secundum is in the CJS database on Westlaw.

37. Portion of a CJS section under Intoxicating Liquor in the CJS database on westlaw.com

38. Restatements of the Law Contents

39. Restatements Restatements of the Law • Restatements of the Law are written by prominent legal scholars. • Restatements must be formally adopted by the members of the American Law Institute. • Restatements are the attempt of the American Law Institute to clarify the ever-increasing amount and complexity of case law by clear, concise restatements. • More than any other secondary source, Restatements are often accepted by the courts as persuasive authority.

40. Restatements Comments • Restatements are divided into chapters, then into narrower titles, and then into numbered sections. • Each section begins with a “blackletter” statement of the law. • The blackletter statement covers a fairly broad issue. • Sub-issues are often discussed in the author’s Comments and Illustrations that follow each statement. These comments and illustrations are often cited by the courts.

41. Agency (Second) Apportionment of Liability (Third) Conflict of Law (Second) Contracts (Second) Foreign Relations (Third) Judgments (Second) Law Governing Lawyers (Third) Products Liability (Third) Property (Third) Prudent Investor Rule (Third) Restitution (First) Security (First) Suretyship and Guaranty (Third) Torts (Second) Trusts (Second) Unfair Competition (Third) Wills and Donative Transfers (Third) Restatements Current Restatements include

42. Restatements • Features of the Restatements include1 • Appendix volumes • Instead of citing relevant cases, appendix volumes contain summaries of cases that have cited each section of the Restatement. • Indexes • Restatement, First Series, has a one-volume index to all Restatements. • Restatements, Second and Third Series, do not have a comprehensive index. • Some have subject index for each volume. • Recent Restatements have an index in the last volume or in a separate volume. • 1Features vary by series and by volume.

43. Restatements Features (continued) • Reporter’s Notes are at the end of each section or in the Appendix volumes of the agency, torts, and trust restatements. • Recent volumes have cross-references to the West Key Number System® and ALR annotations. • Updating Restatements • Drafts of new series are published in soft-cover format • Cumulative annual supplements • Interim case citation pamphlet • Pocket parts

44. Restatements Restatement databases on Westlaw are • REST – all Restatements of the Law • REST-AGEN – Agency • REST-CONFL – Conflict of Laws • REST-CONTR – Contract Restatement • REST-FOREL – The Foreign Relations Law of the United States • REST-JUDG – Judgments • REST-LGOVL – Law Governing Lawyers • PL-REST – Product Liability • REST-PROP – Property • REST-RESTI – Restitution • REST-SEC – Security and Suretyship and Guaranty • REST-TORT – Torts • REST-TRUST–Trusts • REST-UNCOM – Unfair Competition

45. Restatements TOC • Online documents contain the text, comments, and illustrations of the Restatement, Case Citations to Restatements, Reporter’s Notes and Cross References. • A Table of Contents link on the Links for tab opens the Table of Contents for the Restatement at the Restatement section being displayed. • Drafts of future series are included in the databases. • Database: REST-TORT Search:dram-shop /p “social host” /s liab!

46. Legal Periodicals Law Reviews and Journals, Bar Journals, and Others Contents

47. Periodicals Legal periodicals are published by many sources. There are • Law School Reviews and Journals • Bar Association Journals • Legal Newspapers • Topical and Special Interest Periodicals • Newsletters

48. Periodicals Law Reviews and Journals • are published by student-editors at law schools • can be general or focus on a specific area of the law • number of issues published per year varies by publication • often solicit lead articles from legal experts, generally law professors, which usually address narrow legal issues • are often heavily footnoted

49. Periodicals Law Reviews and Journals (continued) • Notes and Comments are written by student members of the law review • Notes usually are critical analysis of recent court cases or new statutes. • Comments are usually critiques on issues of current interest. • Book reviews are included in some law review and journal publications. • All law reviews and journals are included in the JLR (Journals and Law Reviews) database on Westlaw. Each publication also has a separate database.

50. Periodicals Bar Association Periodicals • National, state, and local associations publish journals. • ABA Journal is a leading bar journal. • Bar association publications tend to emphasize more practical aspects of the law and do not crusade to change or criticize the law. • These publications usually comment on recent legislation and court cases. Legal Newspapers • These periodicals can be local, state or national in scope. • The best-known weekly newspapers are the National Law Journal and Legal Times. • American Lawyer is published monthly.