Secondary SourcesSecondary Sources

BLS Winter 2005BLS Winter 2005

Kristy Moon, Cheryl Nyberg, Kristy Moon, Cheryl Nyberg,

Mary WhisnerMary Whisner

AnnouncementsAnnouncements Some BLS profs are in SF, Some BLS profs are in SF,

attending AALSattending AALS Reminder:Reminder:

reread course overviewreread course overview read winter quarter syllabus -- note read winter quarter syllabus -- note

dates!dates! Recommended textsRecommended texts Assignment will be posted todayAssignment will be posted today

Research StrategyResearch Strategy

Preliminary analysisPreliminary analysis Statutes Statutes Cases – mandatory precedentCases – mandatory precedent Persuasive authorityPersuasive authority Refine, double-check, and Refine, double-check, and

updateupdate

Preliminary analysisPreliminary analysis

What’s the question?What’s the question?What are key terms?What are key terms?What do you already know?What do you already know?

Use secondary sources to Use secondary sources to get overview and leads.get overview and leads.

What Are Secondary Sources?What Are Secondary Sources?

An exclusive definition: Everything An exclusive definition: Everything exceptexcept cases, statutes and cases, statutes and regulations (primary sources).regulations (primary sources).

An inclusive definition: dictionaries, An inclusive definition: dictionaries, encyclopedias, treatises, ALRs, law encyclopedias, treatises, ALRs, law review articles, casebooks, outlines, review articles, casebooks, outlines, etc.etc.

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

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

Explanations and interpretationsExplanations and interpretations Background in unfamiliar areasBackground in unfamiliar areas Answers to many common Answers to many common

questionsquestions

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

Methods of Methods of Analysis of problemsAnalysis of problems ResearchResearch

Terms of art (e.g., use in Terms of art (e.g., use in searching on Westlaw/Lexis)searching on Westlaw/Lexis)

May be persuasive authorityMay be persuasive authority

The work has been done for you! The work has been done for you!

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

Save time! Save clients money!Save time! Save clients 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 Consider currentnessConsider currentness

use supplement (pocket part? use supplement (pocket part? looseleaf?)looseleaf?)

are cases & statutes cited still good are cases & statutes cited still good law? (we’ll discuss ways of updating law? (we’ll discuss ways of updating later)later)

Examples of Examples of Secondary SourcesSecondary Sources:: DictionariesDictionaries Encyclopedias:Encyclopedias:

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

Single volume/multi-volumeSingle volume/multi-volume

Bound, 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. Onlineccost, efficiency, coverage, ost, efficiency, coverage, availability, usability, personal availability, usability, personal preference …preference …

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

Legal EncyclopediasLegal Encyclopedias What: Comprehensive set of What: Comprehensive set of

articles articles Access: Access:

Articles in alpha order Articles in alpha order Index pamphlets at endIndex pamphlets at end

Why use one: Why use one: To get an overview of an areaTo get an overview of an area To start finding casesTo start finding cases

Legal Encyclopedias (cont.)Legal Encyclopedias (cont.)

Authority: Authority: RarelyRarely cited as cited as authorityauthority

Updated: Pocket parts or onlineUpdated: Pocket parts or online Two major: AmJur2d and CJSTwo major: AmJur2d and CJS Individual States: Washington Individual States: Washington

PracticePractice

Encyclopedias: AmJur v. CJSEncyclopedias: AmJur v. CJS

Try them both.Try them both. Sometimes coverage or Sometimes coverage or

currency differs.currency differs. Different citations to other Different citations to other

works.works.And now, let’s search And now, let’s search AmJurAmJur on Westlaw on Westlaw

Legal PeriodicalsLegal Periodicals What: law reviews, newspapers, What: law reviews, newspapers,

trade publicationstrade 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.

Legal Periodicals Legal Periodicals Indexes:Indexes:

Online: LegalTrac, LRIOnline: LegalTrac, LRI Print Print

Access (text):Access (text): PrintPrint HeinOnlineHeinOnline LexisNexis, Westlaw LexisNexis, Westlaw

Updated: OnlineUpdated: Online

Let’s try Let’s try LegalTracLegalTrac

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

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

Why use them:Why use them: Comprehensive (if there’s an annotation Comprehensive (if there’s an annotation

on your issue)on your issue) Does your research for you – cites Does your research for you – cites

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

Summarizes caselawSummarizes caselaw Organizes material by stateOrganizes material by state

ALRsALRs Authority: Annotations are sometimes Authority: Annotations are sometimes

cited. Most valuable for case finding.cited. Most valuable for case finding. Access: Access:

Index (print). Index (print). Full-text searching.Full-text searching. Don’t bother with the Digest.Don’t bother with the Digest.

Updated: Pocket parts and online.Updated: Pocket parts and online.

Let’s try Let’s try ALR ALR ……

Some Final ThoughtsSome Final Thoughts

Secondary sources give you Secondary sources give you background, analysis, citations.background, analysis, citations.

Try out these sources to learn what Try out these sources to learn what they can do. they can do.

Your first opportunity: an Your first opportunity: an assignment posted on the BLS assignment posted on the BLS website today.website today.