Secondary Sources
- Not the law, but many may be cited as “persuasive authority”.
- Books, articles, blogs, manuals, treatises that discuss and explain primary law.
- Best to start with secondary sources because they provide a broad overview of a topic, usually pointing out the most relevant cases, statutes, regulations, etc.
- They can define the “terms of art” for keyword searching.
- They provide updates to changes in laws, oftentimes compare laws in different jurisdictions.
Legal Dictionaries
- Black’s Law Dictionary – definitions of more than 55,000 terms.
- Available in print and on Westlaw
- Nolo's Free Dictionary Of Law Terms and Legal Definitions https://www.nolo.com/dictionary
Black’s Law Dictionary
Legal Encyclopedias
- Great for a broad overview of an area of law, encyclopedias list major cases, statutes, and regulations in specific areas of law such as bankruptcy and taxation. Emphasize case law more than statutes. Provide no analysis.
- American Jurisprudence (Am Jur 2nd) – comprehensive national legal encyclopedia with more than 400 topics discussed within 140 volumes.(Available in print and on Westlaw)
- Corpus Juris Secundum (CJS) – comprehensive national legal encyclopedia with more than 400 topics discussed within 140 volumes. (Available in print and on Lexis)
- States have their own legal encyclopedias such as Massachusetts Practice and South Carolina Jurisprudence. (Westlaw & Lexis and individual state research guides)
American Jurisprudence
Treatises
- Most useful for legal practitioners, these resources take a deep dive into a specific topic of law. Those working in law firms will want to familiarize themselves with the most used treatises for each area of law the firm practices. These resources are used sometimes on a daily basis, for example; forms, court rules and procedure guidelines, and checklists.
- Treatises can be procedural such as Mergers & Acquisitions, topical Employment Relationships, or jurisdictional Texas Practice Series.
- Treatises can provide a broad overview of an area of law (Nutshell series), more detailed treatises (Horn books) and then very detailed authoritative practictioner tools which include forms and primary citations, agency information, etc. (specific treatises such as CCH Standard Federal Tax Reporter)
Treatises - Sources
- Restatements of Law – Series of treatises which explain the common law/case law dealing with different topics, providing the most often-cited cases in a particular area of law. Published by ALI – American Law Institute.
- Provides “Black Letter” statements of law with summaries, examples, covering a particular area of law such as contracts, trusts, torts, etc.
- Available in Westlaw, Lexis, HeinOnline.
- Well-known treatises:
- Corbin on Contracts
- Federal Practice & Procedure
- Chisum on Patents
- Collier on Bankruptcy
- Immigration Law & Procedure
Immigration Law & Procedure
Treatises- Sources
- Can be found in: Lexis Overdrive as eBooks
- vLex/Fastcase has over 100 treatises & practice guides
- Wolters Kluwer Cheetah – major treatises in antitrust and securities law.
- PLI Plus – PLI treatises, course handbooks, etc.
- Legal Information Buyer’s Guide & Reference Manual – 500-page chapter on treatises with annotated lists within 60 subject areas, identifies leading treatises in practice areas.
- West Academic’s Horn Books. - Shortened versions of treatises aimed at law students.
- Treatises on specific jurisdictions can be found in state research guides.
PLI Plus
Law Reviews
- Scholarly deep-dive into a specific legal area including history, discussions of leading cases and major statutes, and forecasting future developments. Include references to relevant primary sources and extensive footnotes.
- Nealy all law schools publish a law review as do bar associations.
- Can be found on: Westlaw, Lexis, Google Scholar. In addition HeinOnline has over 2,800 journals including many law reviews.
American Law Reports
- The articles or “annotations” found within the ALR volumes offer an in-depth analysis of a specific legal topic. Provide citations to relevant cases, discusses and compares how the legal topic is dealt with differently throughout the country in different jurisdictions. They are like a case report, combined with a law review article, and a legal encyclopedia. The annotations are updated weekly.
- Available in Print and on Westlaw & Lexis
American Law Reports
Practice Guides & manuals
- Provide procedural guidance within an area of law rather than discuss or analyze it..
- Practicing Law Insitute (PLI) course handbooks, answer books, etc.
- State Bar Association handbooks
Reporters and Digests
- Periodicals discussing recent cases in an area of law.
- Often published by Bar Associations
Topical Research Services
- Gather and arrange statutes, regulations, court opinions, administrative agency documents, and other materials into practice areas of law and present analysis and commentary. Practice area examples include taxation, securities, etc.
- Offer alerts and email notifications for practice area developments and pending litigation
- Formerly called “looseleaf services”
- Thomson Reuters Checkpoint
- Wolters Kluwer Cheetah
- Lexis platform has 20 practice centers
- Westlaw platform has 30+ practice area pages
- Bloomberg Law platform has 15 commercial legal areas
Westlaw Edge Practice Areas
Court Rules
Forms and Jury Instructions
- Forms are templates that lawyers use to write legal documents.
- Example forms can be found on Westlaw, Lexis, Bloomberg Law.
- Jury instructions can be found on Court websites as well as on Westlaw and Lexis.
