1. Introduction to Legal Research
Jennifer Allison
Foreign, Comparative, and International Law Librarian
August 14, 2012

2. Topics Primary Authority (cases and statutes)
Secondary Authority (dictionaries, encyclopedias, journal articles, and treatises)
Legal Research
The Law Library

3. Primary Authority

4. Primary Authority Primary authority is law from the government:
The Executive Branch The Legislative Branch The Judicial Branch

5. Opinions or decisions written by judges are primary authority.
Common term: CASES

6. Laws enacted by the government are primary authority.
Common term: STATUTES

7. Certain primary authority is mandatory.

8. This means it must be followed.
Primary Authority
A judicial opinion from a higher court in your jurisdiction is mandatory, or binding.
This means it must be followed.

9. The hierarchy of the courts looks like this…
Primary Authority
The hierarchy of the courts looks like this…

10. Primary Authority United States Supreme Court
Binding Decisions
United States Courts of Appeals
California Supreme Court
United States District Courts
California Court of Appeal
California Superior Courts

11. Primary Authority
A United States Supreme Court opinion must be followed by ALL United States courts.

12. Primary Authority
A California Supreme Court opinion must be followed by ALL California courts.

13. Instead, it is persuasive.
Primary Authority
Primary authority from outside your jurisdiction, or from a lower court, is not mandatory.
Instead, it is persuasive.

14. This means that a case from the Oregon Supreme Court…
Primary Authority
This means that a case from the Oregon Supreme Court…

15. …can be used to persuade a California court to rule in a similar way.
Primary Authority
…can be used to persuade a California court to rule in a similar way.

16. Primary Authority
However, a California court is not required to follow an Oregon Supreme Court case.

17. Secondary Authority

18. Secondary Authority Secondary authority comes from people:
Law Professors, Lawyers, and Law Students.

19. Secondary authority defines, describes, and explains legal concepts.

20. Secondary Authority
Secondary authority also indicates where to find relevant primary authority.

21. Secondary authority is persuasive, not mandatory.

22. Types of Secondary Authority:
Legal Dictionaries
Legal Encyclopedias
Law Journals
Treatises

23. Legal dictionaries define legal words and phrases.
Secondary Authority
Legal dictionaries define legal words and phrases.

24. Secondary Authority

25. Legal encyclopedias define legal concepts in longer paragraphs.
Secondary Authority
Legal encyclopedias define legal concepts in longer paragraphs.

26. Secondary Authority

27. Secondary Authority

28. Secondary Authority
An article in a law journal discusses a legal concept over several pages.

29. Secondary Authority

30. Secondary Authority

31. Secondary Authority
A treatise (book) provides a longer in-depth analysis of one or more legal topics.

32. Secondary Authority Legal Dictionaries Law Journal Articles LESS MORE
Black’s Law Dictionary
Law Journal Articles
LESS
MORE
Legal Encyclopedias
American Jurisprudence 2d, Corpus Juris Secundum
Legal Treatises (Books)

33. Creating a legal research plan

34. Step One: Select a Topic
Legal Research
Step One: Select a Topic

35. Step Two: Find & Read Secondary Authority
Legal Research
Step Two: Find & Read Secondary Authority

36. Secondary Authority Legal Dictionaries Law Journal Articles LESS MORE
Black’s Law Dictionary
Law Journal Articles
LESS
MORE
Legal Encyclopedias
American Jurisprudence 2d, Corpus Juris Secundum
Legal Treatises (Books)

37. Step Three: Find, Read, & Analyze Primary Authority
Legal Research
Step Three: Find, Read, & Analyze Primary Authority

38. Give yourself plenty of time for research.
Legal Research
Remember:
Give yourself plenty of time for research.

39. The law librarians can and want to help you.
Legal Research
Remember:
The law librarians can and want to help you.

40. The Law Library
Legal reference librarians are here to help you find legal materials every day.

41. Reference Office Hours
The Law Library
Reference Office Hours
Monday-Thursday 8am – 9pm
Friday 8am – 5pm
Saturday 10am – 4pm
Sunday Noon – 6pm

42. Contact a Legal Reference Librarian
The Law Library
Contact a Legal Reference Librarian
law.pepperdine.edu
Phone: (off-campus) x7591 (on-campus)

43. The Law Library
Jennifer Allison Foreign, Comparative, and International Law Librarian
pepperdine.edu
Phone: (off-campus) x7317 (on-campus)