Secondary SourcesSecondary Sources

BLS Winter 2004BLS Winter 2004

Cheryl Nyberg, Mary Whisner, Cheryl Nyberg, Mary Whisner,

Lee SimsLee Sims

What Are Secondary Sources?What Are Secondary Sources?

An exclusive definition: Everything An exclusive definition: Everything exceptexcept cases, statutes and regulations. cases, statutes and regulations.

An inclusive definition: Dictionaries, An inclusive definition: Dictionaries, Encyclopedias, Treatises, ALRs, Encyclopedias, Treatises, ALRs, Digests, Law Review Articles, Digests, Law Review Articles, Casebooks, Outlines, etc., etc., etc.Casebooks, Outlines, etc., etc., etc.

What Are They Good For?What Are They Good For?

Finding primary law: cases, statutes, Finding primary law: cases, statutes, regulations regulations

Sometimes may be citedSometimes may be cited Explanations and interpretationsExplanations and interpretations Background in unfamiliar areasBackground in unfamiliar areas Answers to many common questionsAnswers to many common questions

What Are They Good For?What Are They Good For?

Methods of Methods of Analysis of problemsAnalysis of problems ResearchResearch

Language (for use in searching Language (for use in searching on Westlaw/Lexis)on Westlaw/Lexis) JargonJargon Terms of artTerms of art Common expressions of conceptsCommon expressions of concepts

The Work Has Been Done For You! The Work Has Been Done For You!

Use someone else’s expertise to aid Use someone else’s expertise to aid and guide your research, to help you and guide your research, to help you analyze and interpret the law.analyze and interpret the law.

Save Time!Save Time!

Save Client’s Money!Save Client’s Money!

THE REAL REASON

General Ideas for Using General Ideas for Using Secondary SourcesSecondary Sources

Look for an IndexLook for an Index Look for a TOCLook for a TOC Using these find relevant sections or Using these find relevant sections or

chapterschapters ALWAYS update using pocket parts. ALWAYS update using pocket parts.

Depending on the project: KeyCite or Depending on the project: KeyCite or Shepards.Shepards.

Examples of Examples of Secondary SourcesSecondary Sources::

Dictionaries - already coveredDictionaries - already covered Encyclopedias:Encyclopedias:

AmJur, CJS, individual state AmJur, CJS, individual state TreatisesTreatises

Ex: Dobbs, Couch, NimmerEx: Dobbs, Couch, NimmerSingle volume/multi-volumeSingle volume/multi-volumeBound, loose-leaf, electronicBound, loose-leaf, electronic

ALRs ALRs

Even More Examples:Even More Examples:

Law Review ArticlesLaw Review Articles CasebooksCasebooks Form booksForm books Practice manualsPractice manuals Self-help (Nolo Press)Self-help (Nolo Press) Outlines: Gilberts, Emmanuel, Outlines: Gilberts, Emmanuel,

LegalinesLegalines

Print vs. OnlinePrint vs. OnlinePPersonal preference, cost, ersonal preference, cost, efficiency, coverage, usability…efficiency, coverage, usability…

Consider Crunchy Cremes – Consider Crunchy Cremes –

What general topic would you want to What general topic would you want to investigate?investigate?

You might consult a treatise: You might consult a treatise: Trade Trade Secrets: A Practitioner’s GuideSecrets: A Practitioner’s Guide by by Henry PerrittHenry Perritt

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”

Table of Contents from Trade Secrets: A Practitioner’s

Guide

Index from Trade Secrets

A Practitioner’s

Guide

Text Selection from Trade Secrets: A

Practitioner’s Guide

EncyclopediasEncyclopedias

What: Comprehensive set of brief articles What: Comprehensive set of brief articles Access: Arranged in standard encyclopedia Access: Arranged in standard encyclopedia

format with an index in the final volume.format with an index in the final volume. Why use it: Why use it:

To get an overview of an areaTo get an overview of an area To start finding casesTo start finding cases

Authority: Authority: RarelyRarely cited as authority cited as authority Updated: Pocket parts or onlineUpdated: Pocket parts or online Two major: AmJur2d and CJSTwo major: AmJur2d and CJS Individual States: Washington PracticeIndividual States: Washington Practice

Encyclopedias: AmJur v. CJSEncyclopedias: AmJur v. CJS

Try them both.Try them both.

Sometimes coverage or currency differs.Sometimes coverage or currency differs.

Different citations to other works.Different citations to other works.

And now, a short exercise…And now, a short exercise…

PeriodicalsPeriodicals

What: Law Review Articles, What: Law Review Articles, newspapers, trade publicationsnewspapers, trade publications

Why use them: Why use them: New issuesNew issues New thinking on old issuesNew thinking on old issues FocusFocus

Authority: Authority: Scholarly v. news source. Scholarly v. news source.

Periodicals Periodicals Indexes:Indexes:

Online: LegalTrac, LRIOnline: LegalTrac, LRI Print Print

Access (text):Access (text): PrintPrint Hein-on-LineHein-on-Line LexisNexis, Westlaw LexisNexis, Westlaw

Updated: OnlineUpdated: Online

Another exercise…Another exercise…

ALRs (American Law Reports)ALRs (American Law Reports)

What: “articles” or “annotations” about What: “articles” or “annotations” about specific area of the lawspecific area of the law

Why use it:Why use it: ComprehensiveComprehensive Does your research for you – cites to all Does your research for you – cites to all

relevant primary materials relevant primary materials andand to other to other practice materialspractice materials

Analyzes, interprets, explainsAnalyzes, interprets, explains Tracks recent relevant trends, developments in Tracks recent relevant trends, developments in

later trendslater trends Organizes material by stateOrganizes material by state

ALRsALRs

Authority: Article itself can be cited Authority: Article itself can be cited The primary materials, if properly The primary materials, if properly

updated, can be cited.updated, can be cited. Access: Index (Quick Index and full Access: Index (Quick Index and full

Index) Online and print. Don’t Index) Online and print. Don’t bother with the Digest.bother with the Digest.

Updated: Pocket parts and online.Updated: Pocket parts and online. A final exercise…A final exercise…

Some Final ThoughtsSome Final Thoughts

1. Always update: online or in print1. Always update: online or in print

2. Always take time to evaluate your 2. Always take time to evaluate your source: can you cite it as authoritysource: can you cite it as authority

3. 3. Let someone else do the Let someone else do the work for you – cheaper, faster, work for you – cheaper, faster, easiereasier