Secondary Sources BLS Winter 2004 Cheryl Nyberg, Mary Whisner, Lee Sims

What Are Secondary Sources? An exclusive definition: Everything except cases, statutes and regulations. An exclusive definition: Everything except cases, statutes and regulations. An inclusive definition: Dictionaries, Encyclopedias, Treatises, ALRs, Digests, Law Review Articles, Casebooks, Outlines, etc., etc., etc. An inclusive definition: Dictionaries, Encyclopedias, Treatises, ALRs, Digests, Law Review Articles, Casebooks, Outlines, etc., etc., etc.

What Are They Good For? Finding primary law: cases, statutes, regulations Finding primary law: cases, statutes, regulations Sometimes may be cited Sometimes may be cited Explanations and interpretations Explanations and interpretations Background in unfamiliar areas Background in unfamiliar areas Answers to many common questions Answers to many common questions

What Are They Good For? Methods of Methods of Analysis of problems Analysis of problems Research Research Language (for use in searching on Westlaw/Lexis) Language (for use in searching on Westlaw/Lexis) Jargon Jargon Terms of art Terms of art Common expressions of concepts Common expressions of concepts

The Work Has Been Done For You! Use someone else’s expertise to aid and guide your research, to help you analyze and interpret the law. Save Time! Save Client’s Money! THE REAL REASON

General Ideas for Using Secondary Sources Look for an Index Look for an Index Look for a TOC Look for a TOC Using these find relevant sections or chapters Using these find relevant sections or chapters ALWAYS update using pocket parts. Depending on the project: KeyCite or Shepards. ALWAYS update using pocket parts. Depending on the project: KeyCite or Shepards.

Examples of Secondary Sources : Dictionaries - already covered Dictionaries - already covered Encyclopedias: Encyclopedias: AmJur, CJS, individual state Treatises Treatises Ex: Dobbs, Couch, Nimmer Single volume/multi-volume Bound, loose-leaf, electronic ALRs ALRs

Even More Examples: Law Review Articles Law Review Articles Casebooks Casebooks Form books Form books Practice manuals Practice manuals Self-help (Nolo Press) Self-help (Nolo Press) Outlines: Gilberts, Emmanuel, Legalines Outlines: Gilberts, Emmanuel, Legalines

Print vs. Online P ersonal preference, cost, efficiency, coverage, usability… Consider Crunchy Cremes – What general topic would you want to investigate? You might consult a treatise: Trade Secrets: A Practitioner’s Guide by Henry 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

Encyclopedias What: Comprehensive set of brief articles What: Comprehensive set of brief articles Access: Arranged in standard encyclopedia format with an index in the final volume. Access: Arranged in standard encyclopedia format with an index in the final volume. Why use it: Why use it: To get an overview of an area To get an overview of an area To start finding cases To start finding cases Authority: Rarely cited as authority Authority: Rarely cited as authority Updated: Pocket parts or online Updated: Pocket parts or online Two major: AmJur2d and CJS Two major: AmJur2d and CJS Individual States: Washington Practice Individual States: Washington Practice

Encyclopedias: 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…

Periodicals What: Law Review Articles, newspapers, trade publications What: Law Review Articles, newspapers, trade publications Why use them: Why use them: New issues New issues New thinking on old issues New thinking on old issues Focus Focus Authority: Authority: Scholarly v. news source. Scholarly v. news source.

Periodicals Indexes: Indexes: Online: LegalTrac, LRI Online: LegalTrac, LRI Print Print Access (text): Access (text): Print Print Hein-on-Line Hein-on-Line LexisNexis, Westlaw LexisNexis, Westlaw Updated: Online Updated: Online Another exercise… Another exercise…

ALRs (American Law Reports) What: “articles” or “annotations” about specific area of the law What: “articles” or “annotations” about specific area of the law Why use it: Why use it: Comprehensive Comprehensive Does your research for you – cites to all relevant primary materials and to other practice materials Does your research for you – cites to all relevant primary materials and to other practice materials Analyzes, interprets, explains Analyzes, interprets, explains Tracks recent relevant trends, developments in later trends Tracks recent relevant trends, developments in later trends Organizes material by state Organizes material by state

ALRs Authority: Article itself can be cited Authority: Article itself can be cited The primary materials, if properly updated, can be cited. The primary materials, if properly updated, can be cited. Access: Index (Quick Index and full Index) Online and print. Don’t bother with the Digest. Access: Index (Quick Index and full Index) Online and print. Don’t bother with the Digest. Updated: Pocket parts and online. Updated: Pocket parts and online. A final exercise… A final exercise…

Some Final Thoughts 1. Always update: online or in print 2. Always take time to evaluate your source: can you cite it as authority 3. Let someone else do the work for you – cheaper, faster, easier