Secondary Sources: Legal Encyclopedias and Law Reviews
This lesson introduces you to secondary legal sources, specifically legal encyclopedias and law reviews. You'll learn how these resources differ from primary sources and how they can be invaluable tools for understanding legal concepts and efficiently locating relevant case law and statutes.
Learning Objectives
- Define and differentiate between primary and secondary legal sources.
- Identify the purpose and use of legal encyclopedias (Am. Jur. and C.J.S.).
- Explain the role and value of law review articles in legal research.
- Demonstrate the ability to locate and summarize information from legal encyclopedias and law reviews.
Text-to-Speech
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Lesson Content
Primary vs. Secondary Legal Sources: A Quick Review
Before diving into our focus for today, let’s quickly recap. Primary sources are the law itself: constitutions, statutes (laws passed by legislatures), court cases (judicial opinions), and administrative regulations. Think of them as the rules. Secondary sources, on the other hand, explain, analyze, and comment on the law. They are not the law itself, but they help you understand it and find the primary sources that are relevant to your research. They are like the commentators and guides. Today, we are focusing on two major types of secondary sources: legal encyclopedias and law reviews.
Legal Encyclopedias: Your Roadmaps to the Law
Legal encyclopedias provide broad overviews of legal topics, organized alphabetically. They summarize the law on various subjects, citing to primary sources (statutes, cases, etc.) for support. They're great for getting a general understanding of an area of law or finding cases and statutes related to your issue. Two major encyclopedias used in the US are:
- American Jurisprudence 2d (Am. Jur. 2d): A comprehensive national encyclopedia covering all areas of U.S. law. Think of it as a very detailed A-Z of US law.
- Corpus Juris Secundum (C.J.S.): Another national encyclopedia with a similar scope to Am. Jur. 2d. It is also organized alphabetically and covers a wide range of legal topics. A good practice is to compare information across both to get a comprehensive view.
Example: Imagine you're researching a case involving a breach of contract. You could look up "Contracts" in Am. Jur. 2d or C.J.S. to get a general overview of contract law and specific information about breach of contract, including the elements of a breach and relevant case law. They are excellent starting points for preliminary research and understanding. Remember though, they are NOT the law, so you must always verify the information by reviewing the cited primary sources (cases, statutes, etc.).
Law Reviews: Deep Dives into Legal Issues
Law reviews are scholarly journals published by law schools. They contain articles written by legal scholars (professors, judges, attorneys) and sometimes by law students. Law review articles provide in-depth analysis of specific legal issues, explore cutting-edge topics, critique current legal trends, and propose changes to the law. They are not always easy to read, but they can offer very deep understanding of specific law areas. They are invaluable for gaining insight into the nuances of a legal topic and finding supporting arguments and authorities.
Key Features:
* In-depth analysis: Go deeper into specific legal areas than legal encyclopedias
* Scholarly Perspective: Offer expert opinions and analysis.
* Citation of Authorities: They thoroughly cite primary and secondary sources.
Example: You might find a law review article discussing the implications of a new state law or analyzing a recent Supreme Court decision impacting your research. You can often locate law review articles using databases like Westlaw or LexisNexis, by searching keywords and the topic you are working on.
Deep Dive
Explore advanced insights, examples, and bonus exercises to deepen understanding.
Litigation Paralegal: Legal Research & Analysis - Extended Learning
Welcome to Day 4 of your litigation paralegal training! Today, we're expanding on our exploration of secondary legal sources. We'll move beyond the basics of legal encyclopedias and law reviews and delve into their nuances, providing you with a more robust understanding and preparing you for effective legal research. Remember, a strong foundation in research is a cornerstone of success in litigation!
Deep Dive Section: Beyond the Basics
Let's go a little deeper. We know that legal encyclopedias and law reviews are valuable, but how can we maximize their utility? Consider these additional insights:
- Legal Encyclopedias: The "Starting Point" Perspective. While encyclopedias offer a broad overview, they often provide citations to key cases and statutes. Use them strategically! Think of them as a well-indexed starting point for your research. They help you understand the *what* and the *why* of a legal concept, but you'll still need to verify the information using primary sources. Remember, legal encyclopedias are *descriptive* and usually don't offer arguments for or against a position.
- Law Reviews: The Scholarly Debate. Law reviews are not just for academics. They provide insightful analysis, often covering cutting-edge legal issues. Pay attention to the authors' credentials (professors, judges, practitioners). Consider the date of the article – legal landscapes change quickly. While law reviews are not binding authority (meaning courts don't *have* to follow them), they can be highly persuasive. Look for articles that are cited frequently, indicating their significance in the field.
- The "Shepardizing" Connection. Once you find a case or statute mentioned in an encyclopedia or law review, *always* use a citation service like Shepard's or KeyCite to determine its current validity and whether it has been overruled, modified, or cited by other courts. This is a critical step in ensuring the reliability of your legal research.
- Context Matters. Always consider the specific jurisdiction and the relevant facts of your case when using secondary sources. A well-written article about a federal law might be less useful in a state court matter, and vice-versa.
Bonus Exercises
Let's put your knowledge to the test! Try these exercises:
Exercise 1: Comparing Perspectives
Research a specific legal issue (e.g., "negligence" or "breach of contract") in both an American Jurisprudence (Am. Jur.) article *and* a relevant law review article. Briefly summarize the perspectives presented in each, highlighting any differences in their approaches and conclusions.
Exercise 2: Shepardizing Challenge
Find a significant case cited in a law review article. Then, use Shepard's or KeyCite to trace the case's history. Has it been affirmed, reversed, or modified? Were there any dissenting opinions? Summarize your findings, explaining how the citation service helped you assess the case's current precedential value.
Real-World Connections
How does this all apply in the real world?
- Drafting Memoranda. Paralegals frequently draft memoranda summarizing legal issues for attorneys. Thorough use of secondary sources helps ensure accuracy and a complete understanding of the law. Properly citing these sources adds credibility to your analysis.
- Preparing for Depositions/Trials. Knowing the relevant legal landscape allows you to anticipate arguments, prepare for cross-examination, and identify potentially damaging evidence.
- Client Communication. While you won't give legal advice, understanding the law allows you to explain complex legal concepts to clients in a clear and concise manner, under the supervision of an attorney.
Challenge Yourself
Ready to push further?
Find a recent, controversial legal ruling. Research the issue in a law review. Then, find an article that directly critiques that ruling. Compare and contrast the different legal perspectives. Consider how this information would affect your analysis if you were working on a case related to the issue.
Further Learning
Continue your exploration with these resources and topics:
- Legal Dictionaries: Black's Law Dictionary is a must-have for paralegals.
- ALR (American Law Reports): Another valuable secondary source, covering specific legal issues with in-depth annotations.
- Specialized Legal Encyclopedias: Explore topic-specific encyclopedias, depending on your area of practice (e.g., patent law, immigration law).
- Online Legal Databases: Familiarize yourself with Westlaw, LexisNexis, and Fastcase, as well as free online resources like Google Scholar.
Interactive Exercises
Encyclopedia Scavenger Hunt
Using a legal research database (Westlaw or LexisNexis - free trials or access through a library are great options). Find an article in Am. Jur. 2d or C.J.S. on the topic of "Negligence". Identify (1) the general topic covered, (2) the specific elements of negligence discussed, and (3) a key case cited in the encyclopedia.
Law Review Article Finder
Using a legal research database, search for law review articles about "Copyright Law and Fair Use." Read the abstract of one relevant article. What is the central argument of the article? How does the article support its argument?
Source Comparison
Using Westlaw or LexisNexis. Look up 'Defamation' in both Am. Jur. 2d and C.J.S. Compare how each encyclopedia defines the term. Are there any differences in their approach or content? (This will also introduce you to how similar information can be presented differently).
Practical Application
Imagine your supervising attorney asks you to research the law on "premises liability" (e.g., slip-and-fall cases). Describe how you would begin your research, including which secondary sources you would consult and how you would use them to find relevant case law in your state.
Key Takeaways
Secondary sources explain, analyze, and comment on the law, guiding you to relevant primary sources.
Legal encyclopedias (Am. Jur. 2d and C.J.S.) provide a broad overview of legal topics.
Law review articles offer in-depth analysis of specific legal issues.
Secondary sources help you understand legal concepts and efficiently locate primary authority, but are NOT the law itself.
Next Steps
Prepare for the next lesson on *Legal Citations and Shephardizing/KeyCiting*, where you will learn how to properly cite legal authorities and check their validity and continuing relevance.
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Extended Learning Content
Extended Resources
Extended Resources
Additional learning materials and resources will be available here in future updates.