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Secondary Sources

Secondary Sources. BLS Winter 2004 Cheryl Nyberg, Mary Whisner, Lee Sims. What Are Secondary Sources?. An exclusive definition: Everything except cases, statutes and regulations.

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Secondary Sources

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  1. Secondary Sources BLS Winter 2004 Cheryl Nyberg, Mary Whisner, Lee Sims

  2. What Are Secondary Sources? • An exclusive definition: Everything except cases, statutes and regulations. • An inclusive definition: Dictionaries, Encyclopedias, Treatises, ALRs, Digests, Law Review Articles, Casebooks, Outlines, etc., etc., etc.

  3. What Are They Good For? • Finding primary law: cases, statutes, regulations • Sometimes may be cited • Explanations and interpretations • Background in unfamiliar areas • Answers to many common questions

  4. What Are They Good For? • Methods of • Analysis of problems • Research • Language (for use in searching on Westlaw/Lexis) • Jargon • Terms of art • Common expressions of concepts

  5. THE REAL REASON The Work Has Been Done For You! Use someone else’s expertise to aid and guide your research, to help you analyze and interpret the law. Save Time! Save Client’s Money!

  6. General Ideas for Using Secondary Sources • Look for an Index • Look for a TOC • Using these find relevant sections or chapters • ALWAYS update using pocket parts. Depending on the project: KeyCite or Shepards.

  7. Examples of Secondary Sources: • Dictionaries - already covered • Encyclopedias: AmJur, CJS, individual state • Treatises Ex: Dobbs, Couch, Nimmer Single volume/multi-volume Bound, loose-leaf, electronic • ALRs

  8. Even More Examples: • Law Review Articles • Casebooks • Form books • Practice manuals • Self-help (Nolo Press) • Outlines: Gilberts, Emmanuel, Legalines

  9. Print vs. OnlinePersonal preference, cost, efficiency, coverage, usability… Consider Crunchy Cremes – What general topic would you want to investigate? You might consult a treatise: Trade Secrets: A Practitioner’s Guide by Henry Perritt

  10. Clicking on the hypertext takes you to the text of that chapter. The only way to search then is by browsing the text. There is no online index. There is no way to expand this “Table of Contents”

  11. Table of Contents from Trade Secrets: A Practitioner’s Guide

  12. Index from Trade Secrets A Practitioner’s Guide

  13. Text Selection from Trade Secrets: A Practitioner’s Guide

  14. Encyclopedias • What: Comprehensive set of brief articles • Access: Arranged in standard encyclopedia format with an index in the final volume. • Why use it: • To get an overview of an area • To start finding cases • Authority: Rarely cited as authority • Updated: Pocket parts or online • Two major: AmJur2d and CJS • Individual States: Washington Practice

  15. Encyclopedias: AmJur v. CJS • Try them both. • Sometimes coverage or currency differs. • Different citations to other works. And now, a short exercise…

  16. Periodicals • What: Law Review Articles, newspapers, trade publications • Why use them: • New issues • New thinking on old issues • Focus • Authority: • Scholarly v. news source.

  17. Periodicals • Indexes: • Online: LegalTrac, LRI • Print • Access (text): • Print • Hein-on-Line • LexisNexis, Westlaw • Updated: Online Another exercise…

  18. ALRs (American Law Reports) • What: “articles” or “annotations” about specific area of the law • Why use it: • Comprehensive • Does your research for you – cites to all relevant primary materials and to other practice materials • Analyzes, interprets, explains • Tracks recent relevant trends, developments in later trends • Organizes material by state

  19. ALRs • Authority: Article itself can be cited • The primary materials, if properly updated, can be cited. • Access: Index (Quick Index and full Index) Online and print. Don’t bother with the Digest. • Updated: Pocket parts and online. A final exercise…

  20. Some Final Thoughts 1. Always update: online or in print 2. Always take time to evaluate your source: can you cite it as authority 3. Let someone else do the work for you – cheaper, faster, easier

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