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2nd Source Research
LEGAL RESEARCH: Secondary Source Research
| Question | Answer |
|---|---|
| Types of Secondary Sources #1 | Legal Encyclopedias |
| Types of Secondary Sources #2 | Treatises |
| Types of Secondary Sources #3 | Legal Periodicals |
| Types of Secondary Sources #4 | American Law Reports (A.L.R. Annotations) |
| Types of Secondary Sources #5 | Restatements of the Law |
| Types of Secondary Sources #6 | Uniform Laws and Model Acts |
| Common Methods of Searching for Secondary Authority #1 | By citation * Many secondary sources cross-reference other secondary sources. |
| Common Methods of Searching for Secondary Authority #2 | By subject * Index * Table of contents |
| Common Methods of Searching for Secondary Authority #3 | By words in the document (when searching electronically) |
| Legal Encyclopedias #1 | Use for general background information and limited citations to primary authority. |
| Legal Encyclopedias #2 | Use Am. Jur. 2d or C.J.S. for a general overview. |
| Legal Encyclopedias #3 | State encyclopedias provide an overview of the law in an individual state. |
| Locate material in a legal encyclopedia in print by #1 | using the subject index or table of contents. |
| Locate material in a legal encyclopedia in print by #2 | locating relevant sections in the main subject volumes. |
| Locate material in a legal encyclopedia in print by #3 | updating with the pocket part. |
| Locate material in legal encyclopedias electronically #1 | In Lexis (Am. Jur. 2d) |
| Locate material in legal encyclopedias electronically #2 | In Westlaw (Am. Jur. 2d and C.J.S.) |
| Locating Material in Legal Encyclopedias: Lexis and Westlaw | In Lexis.com, Westlaw.com, or WestlawNext: * Execute a word search in the database for a legal encyclopedia. * View the table of contents. |
| Locating Material in WestlawNext | In WestlawNext * Execute a content-driven search and view Secondary Sources. |
| Locating Material in Lexis Advance | In Lexis Advance * Execute a content-driven search and view the Secondary Materials tab. * Use the drop-down menu to pre-filter by content type (Secondary Materials). |
| Treatises provide #1 | an in-depth discussion and some analysis of an area of law. |
| Treatises provide #2 | citations to primary authority. |
| Locate treatises in print: #1 | through the online catalog. |
| Locate treatises in print: #2 | by asking a reference librarian for a recommendation. |
| Locating Material in Print Treatises | Locate information within a treatise by * using the subject index or table of contents. * locating relevant sections within the main text. * updating with the pocket part. |
| Locating Material in Treatises: Lexis and Westlaw | In Lexis.com, Westlaw.com, or WestlawNext: * Execute word searches in the databases for individual publications. * View the table of contents. |
| Locating Material in Treatises: Westlaw | In WestlawNext * Execute a content-driven search and view Secondary Sources. |
| Locating Material in Treatises: Lexis | In Lexis Advance * Execute a content-driven search and view the Secondary Materials tab. * Use the drop-down menu to pre-filter by content type (Secondary Materials). |
| Legal Periodicals | Use legal periodicals for * background information. * citations to primary authority. * in-depth analysis of a narrow topic. * information on a conflict in the law or an undeveloped area of the law. |
| Types of legal periodical articles: | Types of legal periodical articles: * Articles written by legal scholars * Articles written by judges and practitioners * Articles written by students * News articles in the legal press Individual articles are not updated after publication. Update your research with more recent articles. |
| Locating Legal Periodical Articles | Locate citations to legal periodical articles using the Index to Legal Periodicals (ILP) and Legal Trac periodical indices. * Use the citations to retrieve articles in print or through other electronic sources * Selected articles are available in full text through these services. |
| Locating Periodical Articles: Lexis and Westlaw | * Execute a source-driven search in Lexis.com, Westlaw.com or WestlawNext by searching in the databases for multiple or individual publications. * Execute a content-driven search in Lexis Advance or WestlawNext; articles appear with other secondary authorities. |
| Locating Periodical Articles: Subscription and Internet Sources | * Locate legal periodical articles in .pdf format using HeinOnline or SSRN. * Locate selected legal periodical articles on the Internet using a law-related website or general search engine. |
| American Law Reports | * Use A.L.R. Annotations for an overview of an area of law and citations to primary authority. * Especially useful for locating persuasive authority from other jurisdictions. * A.L.R. series: A.L.R., A.L.R.2d, A.L.R.3d, A.L.R.4th, A.L.R.5th, A.L.R.6th, A.L.R. Fed., and A.L.R. Fed. 2d. |
| Locating Material in A.L.R. in Print | Locate material within A.L.R. in print by: * using the A.L.R. Index. * locating relevant Annotations in the main volumes. * updating with the pocket part. |
| Locating Material in A.L.R.: Lexis and Westlaw | Execute a source-driven search in Lexis.com, Westlaw.com or WestlawNext by executing a word search in the American Law Reports (ALR) database * Execute a content-driven search in WestlawNext; A.L.R. Annotations appear under Secondary Sources. * Lexis Advance is expected to add A.L.R. Annotations. |
| Restatements | Use Restatements to * research common-law subjects. * locate mandatory and persuasive authority from jurisdictions * * * that have adopted a Restatement. Locate Restatements in print through the online catalog. |
| Locating Information in Restatements #1 | Locate information within a print Restatement by * using the subject index or table of contents to identify relevant sections. * using the noncumulative Appendix volumes to find pertinent case summaries. * using the pocket part in the latest Appendix volume to locate the most recent cases. |
| Locating Information in Restatements #2 | * Execute a source-driven search in Lexis.com, Westlaw.com or WestlawNext by executing a word search in a Restatement database by or viewing the table of contents. * Execute a content-driven search in WestlawNext; Restatement sections appear under Secondary Sources. * Lexis Advance is expected to add Restatements. |
| Locating Information in Restatements #3 | In Lexis.com, Restatement rules and case annotations are in separate databases. * Search both databases to find rules and annotations. In Westlaw.com and WestlawNext, Restatement rules and case annotations are combined together. * The Restatements database in Westlaw.com includes multiple Restatements; use the directory to locate the database for an individual Restatement. |
| Uniform Laws and Model Acts | Use uniform laws and model acts to * interpret a law adopted by a legislature. * locate persuasive authority from other jurisdictions that have adopted the law. |
| Locating Uniform Laws and Model Acts in Print | Locate uniform laws and model acts in print using Uniform Laws Annotated, Master Edition (ULA). Locate information in the ULA set by * using the Directory of Uniform Acts and Codes: Tables and Index. search by subject, by the name of the law, or by adopting jurisdiction. * locating relevant provisions in the main volumes. * updating with the pocket part. |
| Locating Uniform Laws and Model Acts Electronically | * Locate uniform laws and model acts in Lexis.com, Westlaw.com, and WestlawNext by executing word searches or viewing the table of contents. * Lexis Advance may add uniform laws and model acts. |
Created by:
MEBrock
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