The number of secondary sources is essentially infinite. Any source that is not primary is secondary by default. Secondary sources serve two purposes: first, they provide an explanation or understanding of a particular section of the law; Second, they are ideally a good way to find primary authority. Secondary sources are not binding on the courts (i.e., they are only a persuasive authority) – but they often offer good, compelling arguments on which a court can rely. Legal research can be defined as the process by which legal information is discovered and collected, which facilitates legal decisions. In legal research, each phase has an approach that begins with an investigation of the facts of a fact and ends with the implementation and presentation of the results of the investigation (Steven M. Barkan et al., 2015). Initially, acquiring expertise in legal research is about gaining an understanding of the types of documents that make up «the law» and how these resources relate to them. When considering a legal issue, it is also worth considering laws (legislative decrees), cases (legal opinions) and/or legal documents (regulations and decisions of administrative authorities). All of these resources are considered «primary sources.» However, most researchers are looking for at least one additional resource, called «secondary sources,» to support their research.

Most often, the sources used in legal research are primary sources and secondary sources. If secondary sources don`t really establish the law, why should they care? As most lawyers have learned during their first year of law school, secondary sources are authorities who explain various legal issues, but who do not themselves bear the weight of legal education. These sources come in a variety of forms, each with its own purposes and uses. Essays are also useful tools if you are not familiar with a particular legal topic. In a way, a treatise is like an extensive legal encyclopedia that covers only one area of law. For example, one of the most important treatises on tort law is Prosser and Keeton on tort law. For contracts, many lawyers refer to Williston on Contracts. Some treaties are general and deal with national treatment of areas of law; Others focus specifically on a specific jurisdiction. However, all contain quotes about primary authority. Secondary sources of law are considered core resources. They illustrate, describe, evaluate and analyze.

They include encyclopedias, legislative amendments, treaties and reformulations. Secondary sources are a good way to start research and often have quotes from primary sources. They discuss the law, but they are not the law itself. Secondary sources, including encyclopedias, legal journals, and articles, are a great place to start your legal research. Like primary documents, secondary sources can help you learn more about an area of law and include references to applicable primary resources. Using secondary sources in your research process can also save you a lot of time and energy. In particular, using secondary sources to quickly familiarize yourself with an area of law that is largely unknown to you can save you the headache of reading indiscriminately through a number of primary authorities. Legal research sources are divided into two categories: primary and secondary. Primary sources include laws, rules, regulations, and jurisdiction. Secondary sources are much more diverse and include law journals and journal articles, legal encyclopedias, treatises and law books. Primary sources are not necessarily binding – it depends on the jurisdiction in which your case is pending.

You learned about binding and persuasive authority in the chapter on the structure of justice in the United States. Mandatory authority binds the court, but persuasion is not binding. Not all primary sources are binding authorities, i.e. not all primary sources are necessarily binding. For example, judicial decisions are primary sources, but they can only be a persuasive authority, depending on the jurisdiction. No secondary source is a binding authority – they are all just a persuasive authority. The case law covers court decisions and is published under the title «Law Reports», which are considered to be the primary and fundamental sources of British law. The effective implementation of the law depends on the preparation of accurate legal reports containing the facts, issues and decisions, as well as the legal principles on the basis of which the judgment is rendered. The doctrine of precedent is a distinctive feature of English law, where recorded judgments are a valid source of law for future decisions. The benefits don`t stop there; As diverse and extensive as secondary sources are the many ways they can add value to your law practice.

They should always be a central part of any research process to ensure that the resulting product is of the highest quality. Keywords: Legal research, primary sources, secondary sources For starters, as mentioned above, using secondary sources in your research process will usually lead to a more complete understanding of the legal topic in question. Being able to know not only what the law says, but also what others say about the law, can add a clearly reliable flavor to your legal argument. Secondary sources can be cited in legal briefs and briefs, but a court will not be influenced simply because, for example, Prosser and Keeton (two respected specialists in tort liability) have argued that parents should not be liable for their children`s torts. Secondary sources are useful when there is legal uncertainty – for example, when the trial courts of a jurisdiction have different opinions on a particular issue (called «division of opinion» or «division of power»).