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2nd Source Research

LEGAL RESEARCH: Secondary Source Research

QuestionAnswer
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