Gavin Howe
Secondary sources of law are background materials that explain, critique, or help locate primary sources of law. They are not the law itself, but they are valuable because they can provide an overview of a particular area of law, introduce key terminology, and provide citations to important primary source materials. Secondary sources include legal dictionaries, legal encyclopaedias, law reviews and journals, legal treatises, nutshells, hornbooks, deskbooks, manuals and guides on how to practice law, and practice guides. Nutshells are short titles that give a basic overview of the history and established law in a certain area. Practice guides explain the procedural steps that must be taken during litigation to complete a legal task.
| Characteristics | Values |
|---|---|
| Type of sources | Legal dictionaries, legal encyclopedias, law reviews and journals, legal treatises, nutshells, hornbooks, deskbooks, manuals and guides on how to practice law, practice guides, form books, drafting guides, law reports, annotations |
| Purpose | To explain, critique, discuss, or help locate primary law, provide an overview of a particular area of law, introduce key terminology, and provide citations to important primary source materials |
| Format | Print, online |
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What You'll Learn
Legal dictionaries
The legal dictionary most commonly used by attorneys and courts is Black's Law Dictionary. Other legal dictionaries include Nolo's Plain English Law Dictionary, Bouvier's Law Dictionary, and Garner's Dictionary of Legal Usage. Older editions of dictionaries can also be used to trace the historical meaning of a term.
General dictionaries, such as the Oxford English Dictionary, the Shorter Oxford English Dictionary, and the Macquarie Dictionary, can also be useful in providing information about the etymology and use of a term, in addition to the definition.
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Legal encyclopaedias
The two most popular general legal encyclopaedias with national scope in the US are the Corpus Juris Secundum (C.J.S.) and American Jurisprudence 2d (Am. Jur. 2d). Am. Jur. 2d is available on NexisUni and Westlaw, while C.J.S. is available on Westlaw. Both are published by the West Group. Am. Jur. 2d provides citations to relevant form sets, like Am. Jur. Pleading & Practice Forms and Am. Jur. Legal Forms 2d, and to practice sets like Am. Jur. Trials and Proof of Facts. It also includes a single volume entitled the Am. and features a popular name table. C.J.S., on the other hand, takes a comprehensive approach, providing citations to a wide range of cases, while Am. Jur. takes a more selective approach, providing citations only to the cases considered most important by its editors.
In addition to these two general legal encyclopaedias, there are numerous state-specific legal encyclopaedias, such as California Jurisprudence (Cal. Jur. 3d), as well as encyclopaedias with a more narrow focus, such as American Jurisprudence Trials.
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Law reviews and journals
While law reviews and journals are not regularly cited in legal arguments, they can still influence lawmaking. They are valuable for their depth of analysis and critique of legal topics, as well as their extensive references to other sources, including primary sources.
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Legal treatises
In summary, legal treatises are a type of secondary source in law that offers a detailed and comprehensive discussion of a single topic in law. They are written by legal scholars and are extensively referenced, providing analysis, commentary, and practical information. Legal treatises are distinct from other secondary sources, such as legal encyclopaedias and law journals, in terms of their scope, focus, and purpose.
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Practice guides
Secondary sources of law are background materials that describe an area of law, providing context and references to relevant statutes, regulations, and cases. They are not the law itself but are useful tools for understanding the law and locating primary sources.
Civil Procedure Practice Guides
If you are researching civil procedure, you will likely come across civil procedure practice guides. These guides provide practical instructions on handling civil cases and can be a helpful starting point for understanding the relevant laws and procedures. They may include information on filing pleadings and motions, with some offering fill-in-the-blank forms that can be adapted to your specific needs. When using these guides, be sure to review the table of contents and index to ensure you don't miss any relevant information.
Animal Law to Zoning Practice Guides
Specific areas of law, such as animal law or zoning, often have their own practice guides. These guides offer specialized knowledge and practical tips for navigating the legal intricacies of these fields. When consulting these guides, it's important to review related sections and cross-reference with other sources to ensure a comprehensive understanding of the topic.
Rutter Guides for California Law
In California, the Rutter Group publishes a popular series of practice guides known as Rutter Guides. These guides are a valuable resource for anyone researching California law, offering in-depth analysis and practical insights. They are available in print and on Westlaw, making them easily accessible.
Form Books and Drafting Guides
Form books provide blank forms that can be filled in, making them useful for pro se litigants who need help with pleadings and motions. Drafting guides, on the other hand, offer guidance on creating legal documents but may require some prior legal knowledge to be fully utilized. Both types of guides can be found in print and online through sources like Westlaw, Lexis, and Bloomberg.
Transactional Law Resources
Transactional law resources provide practical guidance for lawyers handling corporate, securities, and finance law matters. They offer model documents, legal drafting tips, checklists, timelines, and overviews of transactional practice areas. Free accounts are often available for law students and faculty, providing access to these valuable resources.
50 State Surveys
When researching a legal issue that spans multiple states, 50 State Surveys are invaluable. These secondary sources allow you to compare state laws across different jurisdictions, providing a comprehensive view of applicable statutes and regulations. They are available on Westlaw and Lexis+, making it convenient to access this cross-state information.
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Frequently asked questions
Secondary sources of law are background materials that describe an area of law. They are not the law itself, but they can discuss, critique, explain, or analyse it.
Secondary sources of law are created by legal academics and practitioners. This includes law professors, judges, legal scholars, and law students.
Examples of secondary sources of law include legal dictionaries, legal encyclopaedias, law reviews and journals, legal treatises, nutshells, hornbooks, deskbooks, and manuals and guides on how to practice law.
Secondary sources of law are a great way to begin legal research, especially if a researcher is unfamiliar with an area of law. They can provide an overview of a particular area of law, introduce key terminology, and provide citations to important primary source materials.
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