SECONDARY SOURCES
INSTRUCTIONAL AID SERIES
Secondary Sources
Contents
• Introduction
• ALR®
• Legal Encyclopedias (Am Jur®, C.J.S.®)
• Restatements of the Law
• Legal Periodicals
• Texts
• Law Dictionaries
• Uniform Laws
• Digest Paragraphs, Headnotes, and Statutory Annotations
Introduction
Contents
Introduction
Primary and Secondary Law
• Primary law sources:
– are statements of law by governmental institutions, such as the
courts or legislatures
– consists of case law, statutes, constitutions, administrative
decisions, rules of court, and regulations
– may be binding (mandatory) or persuasive authority
• Secondary law sources:
– are statements about the law by legal experts
– explain, interpret, develop, locate, or update primary law
– are never binding (mandatory) authority
– may be persuasive authority
Introduction
• Binding or mandatory law:
– Applies to the current case and must be followed
• Persuasive law:
– Can be analogized to the current case and may be
followed. Persuasive law includes primary law that
is
• law from another jurisdiction
• dicta
• a similar but different fact pattern
– Secondary law
Introduction
If secondary sources aren’t binding, why use them?
– They often provide an objective overview of an area of the
law; therefore they are a good place to start research in an
unfamiliar area of the law.
– They may raise issues not previously considered.
– They cite or link to cases, statutes, and other secondary
sources that are relevant to the current issue.
– Some secondary sources are sufficiently respected that they
can be used as persuasive authority when primary source
authority cannot be found.
Introduction
The most useful secondary sources are available on
Westlaw® as well as in print:
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American Law Reports (ALR)
American Jurisprudence 2d (Am Jur)
Restatements of the Law
Law reviews (depth of coverage on Westlaw
varies)
Bar journals (depth of coverage on Westlaw varies)
Black’s Law Dictionary®
Uniform Model Laws
Many treatises
Introduction
Mr. Smith decides to throw a cocktail party for potential
contributors to his favorite charity. He lavishly supplies alcoholic
beverage while soliciting donations. The party is a great success.
Much money is raised, and the guests show all the signs of
completely enjoying themselves. Several of the guests become
unruly.
Mr. Smith escorts one such guest, Mr. Jones, to his car, helps
him into the car, and warns him to “be careful.” Mr. Jones drives
off but within a few blocks of the party crashes into another car,
causing severe injuries to both himself and the occupants of the
other car.
Introduction
Mr. Smith’s lawyer knows that the state’s Dram Shop Law
imposes liability on commercial sellers of alcohol who illegally sell
alcohol to a customer who later causes injuries due to
intoxication. In some states this liability extends to social hosts
who accept something in return for drinks; in others it does not.
If you are unfamiliar with this area of the law in your state,
secondary source materials are an excellent starting point for
your research.
Secondary sources:
– provide an objective overview of the topic
– suggest issues you might not have thought of
– reference relevant cases and statutes
American Law Reports
(ALR)
Contents
ALR
American Law Reports (ALR)
• ALR editors select and report cases that represent specific legal
issues that are emerging, unsettled or changing and that are of
interest to to many lawyers.
• A legal scholar writes an annotation, often called an ALR
“article”, using the case as the basis of the annotation.
• The article explores the law of the jurisdictions that have
dealt with this issue.
• The author uses this law to provide an
objective analysis of the current state of this area of the law.
ALR
• In print, American Law Reports consists of six series.
– Federal Series (ALR Fed.), 1969 to date, analyzes
only federal issues
– Fifth Series (ALR5th), 1992 to date, analyzes only
state issues
– Fourth Series (ALR4th), 90 volumes, 1980 – 1992,
analyzes only state issues
– Third Series (ALR3d), 100 volumes, 1965 – 1980.
This and the earlier series analyze both state and
federal issues.
– Second Series (ALR2d), 100 volumes, 1948 –
1965
– First Series (ALR), 175 volumes, 1919 – 1948
ALR
The print articles include1
– Total Client-Service Library® and other research sources
references
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legal encyclopedias and texts
practice aids
law review articles
electronic search queries
West Key Numbers
ALR Digest
Article outline
Index to topics included in the annotation
Jurisdictional table of cited cases and statutes
Text of the annotation
1 Features
vary somewhat by series.
ALR
Features of the ALR in Print
Total Client-Service Library
and other research sources
Article Outline
and Index
Table of Jurisdictions
Represented
ALR
Finding Aids in Each Volume
Each recent volume includes
– Contents (annotations in the volume)
– Subjects Annotated in the volume
– Table of Cases reported in the volume
– Some 4th Series and all 5th Series volumes
include instructions explaining
•how to find an article
•how to use an article
•a graphic showing how to update an
annotation
ALR
Finding Aids - ALR Indexes
• Multivolume ALR Index
– lists articles by subject matter
– includes all ALR volumes, except
those in the First Series
– is updated with annual pocket parts
• ALR Federal Quick Index
• ALR Quick Index for ALR 3d, 4th, and 5th series
ALR
Finding Aids - ALR Digest
• ALR Digest is divided into more than
400 topics arranged alphabetically.
• Under each topic are headnotes from cases reported
in the entire ALR family along with a list of the articles
that deal with the particular subject in question.
• ALR has a digest set.
• ALR2d has a digest set.
• ALR3d, ALR4th, ALR5th, and ALR Fed are combined
in one digest set.
ALR
Updating ALR Articles
• Check the annual supplement in the back of
the main volume in the ALR 3d, 4th, and 5th series.
• The supplement provides citations to more recent
cases relevant to the article topic.
• Digests of cases are keyed to the correct section
of each article.
• ALR2d is kept current by a multivolume
ALR2d Later Case Service.
• ALR. (First Series) is kept current by the ALR Blue Book of
Supplemental Decisions. Each of the eight volumes covers a
specific time period.
• Latest Case Service Hotline updates each supplement. The
phone number (1-800-225-7488) is printed on the cover of each
supplement.
ALR
Superseding and Supplementing
Annotations
• The analysis of the law as presented in an early
article may be changed by later case law.
• Articles in the first and second series were often
supplemented by a later article and the original and
the supplementing articles had to be read together.
• Annotation History Table in the last volume of the
ALR Index gives the history of articles in all the
ALR series.
• KeyCite History on Westlaw also shows whether an
ALR articles has been superseded or
supplemented.
ALR
Superseding Articles
62 ALR4th 16 has
superseded both
75 ALR2d 833 and
97 ALR3d 528.
A red KeyCite flag is
displayed on the superseded
ALR annotations.
Superseded by
Superseded in Part by
ALR
• In the print ALR volumes, the lead case precedes the article or, in
ALR5th, all cases are printed at the end of the volume.
• You can use the Find service on Westlaw to retrieve either the ALR
lead case or the ALR article.
Find 62 alr4th 1 - retrieves the case
Find 62 alr4th 16 - retrieves the article
• The ALR case citation is a parallel citation to
state, regional, or federal reporter citation.
the
• On Westlaw, the lead case is not in the ALR database.
It can be found in the appropriate state, regional, or federal case
database(s).
ALR
ALR on Westlaw
• In the ALR database on Westlaw, there are often very current
articles that discuss recent issues of interest that have not yet
appeared in the print version.
• The Total Client-Service Library and other references are
accessed by clicking Document Outline on the Links for tab in the
left frame of the retrieved ALR article. (See next slide.)
• The Article (Annotation) Outline is accessed by clicking
Document Outline on the Links for tab in the left frame. (See
next slide.)
• You can also link from the Document Outline to the article’s Index
and Table of Jurisdictions.
• Database: ALR
Query: ti(“social host” /s liab!)
ALR
ALR Features on
Westlaw
Click Document Outline on the Links for tab to
display online finding aids for each ALR article.
ALR
KeyCite and Using Westlaw as a
Citator
• KeyCite Citing References for case law, statutes, federal regulations,
and agency decisions will include links to citing ALR articles.
• ALR articles have KeyCite History and KeyCite Citing References
links on the Links for tab. KeyCite History for an ALR annotation will
show if an ALR article has been superseded by a more recent article.
• Use Westlaw as a citator. Enter a search, such as
dram-shop “social host” /s liab! /p a.l.r.!
to retrieve references to ALR articles in databases that
contain cases, texts, or legal periodicals.
Legal Encyclopedias
American Jurisprudence 2d
Corpus Juris Secundum®
Contents
Encyclopedias
• Legal encyclopedias
– are arranged alphabetically by topic
– divide topics into sections
– have a fairly short non-analytical narrative in each section
– give a general, rather than in-depth, view of the law
– cross-reference relevant primary law
• Legal encyclopedias are a good place
– to start research in an unfamiliar area of the law
– to get a quick, general, answer to a legal question.
Encyclopedias
American Jurisprudence 2d
• Provides a broad overview of a topic
• Identifies specialized vocabulary
• Provides citations to primary
materials and ALR annotations
• Cross-references other
secondary material
Encyclopedias
American Jurisprudence 2d (Am Jur 2d)
• The print version of Am Jur 2d consists of
– 120 volumes1
– more than 430 titles
• Each volume contains a
– Table of Contents
– Table of Parallel References
– Table of Statutes and Rules Cited
– Index for articles in the volume
• Topics are preceded by a detailed scope note, general crossreferences, and an outline of the topic.
1
The last volume is numbered 83 because more than one volume may
have the same number, for example the volumes 45, 45A, 45B.
Encyclopedias
Am Jur 2d
• The annual four-volume General Index contains definitions of
words and phrases.
• On Westlaw, the index can be retrieved
AMJUR databases with a search, such as:
ci(index)
ci(index) & dram-shop
• There is a separate volume titled Table of Statutes,
Regulations, and Rules Cited.
in the
Encyclopedias
Updating Am Jur 2d
• There are annual pocket supplements.
• The Am Jur Index is issued each year.
• The New Topic Service, in looseleaf format,
introduces new material before new volumes are
issued:
– new topics of the law
– substantial changes in the law
• Bound volumes are periodically revised.
Encyclopedias
Other Am Jur Publications
• American Jurisprudence Proof of Facts
– A multivolume set
– a practical guide for lawyers
– contains
• checklists and planning advice
• preparation for trial materials
• examination of witnesses materials
• American Jurisprudence Trials is a treatise on litigation practice.
• American Jurisprudence Legal Forms and American
Jurisprudence Pleading and Practice Forms (Revised) contain
the forms needed in the practice of law.
Encyclopedias
AmJur Databases on Westlaw
• AMJUR – Am Jur 2d
• AMJUR-LF – American Jurisprudence Legal Forms
• AMJUR-PP – American Jurisprudence Pleading and Practice
Forms Annotated
• AMJUR-POF – American Jurisprudence Proof of Facts
• AMJUR-TRIALS – American Jurisprudence Trials
• AMJUR-POFTR – American Jurisprudence Proof of Facts and
Trials Combination
• AMJUR-ALL – includes all American Jurisprudence databases
Encyclopedias
Database: AMJUR-ALL
Query: ti(“social host”/s liab!)
This Am Jur Proof of Fact document was retrieved from the
AMJUR-ALL database. Along with the text and references to
cases and other legal documents, it contains sample interrogatories,
checklists and other practical legal materials.
Click Document Outline on the Links for tab to display links to materials
included in the document.
Encyclopedias
Corpus Juris Secundum (C.J.S.)
• C.J.S. contains 400 broad topics, each divided into
subtopics, which are sub-divided into sections.
• There are 150 volumes.1
1
The last volume is numbered 101 because more than one
volume may have the same number, such as 48A and 48B.
Encyclopedias
Corpus Juris Secundum (C.J.S.)
• Each section contains a brief, “blackletter”
statement of the law, followed by a short
section of text.
• Footnotes reference federal and state cases.
• C.J.S. cross references the titles and sections to West
topics and key numbers and other
secondary sources.
Encyclopedias
Corpus Juris Secundum
• There is an annual multivolume General Index.
• Each volume has its own index.
• There are annual cumulative pocket supplements.
• Replacement volumes are issued periodically.
• Replacement volumes contain a Table of Corresponding
Sections that cross-references replacement volumes with older
volumes.
• Definitions of words and phrases are included with appropriate
sections and in the volume indexes.
• Corpus Juris Secundum is in the CJS database on Westlaw.
Portion of a CJS section under Intoxicating Liquor in
the CJS database on westlaw.com
Restatements of the Law
Contents
Restatements
Restatements of the Law
• Restatements of the Law are written by
prominent legal scholars.
• Restatements must be formally adopted by
the members of the American Law Institute.
• Restatements are the attempt of the American Law
Institute to clarify the ever-increasing amount and
complexity of case law by clear, concise
restatements.
• More than any other secondary source,
Restatements are often accepted by the courts as
persuasive authority.
Restatements
Comments
• Restatements are divided into chapters,
then into narrower titles, and then into
numbered sections.
• Each section begins with a “blackletter” statement of
the law.
• The blackletter statement covers a fairly broad issue.
• Sub-issues are often discussed in the author’s
Comments and Illustrations that follow each
statement. These comments and illustrations are
often cited by the courts.
Restatements
Current Restatements include
• Agency (Second)
• Prudent Investor Rule (Third)
• Apportionment of Liability
(Third)
• Restitution (First)
• Conflict of Law (Second)
• Suretyship and Guaranty (Third)
• Contracts (Second)
• Torts (Second)
• Foreign Relations (Third)
• Trusts (Second)
• Judgments (Second)
• Unfair Competition (Third)
• Law Governing Lawyers
(Third)
• Wills and Donative Transfers
(Third)
• Products Liability (Third)
• Property (Third)
• Security (First)
Restatements
• Features of the Restatements include1
– Appendix volumes
• Instead of citing relevant cases, appendix volumes contain
summaries of cases that have cited each section of the
Restatement.
– Indexes
• Restatement, First Series, has a one-volume index to all
Restatements.
• Restatements, Second and Third Series, do not have a
comprehensive index.
– Some have subject index for each volume.
– Recent Restatements have an index in the last
volume or in a separate volume.
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1
Features vary by series and by volume.
Restatements
Features (continued)
– Reporter’s Notes are at the end of each section or
in the Appendix volumes of the agency, torts, and
trust restatements.
– Recent volumes have cross-references to the West
Key Number System® and ALR annotations.
• Updating Restatements
– Drafts of new series are published in soft-cover
format
– Cumulative annual supplements
– Interim case citation pamphlet
– Pocket parts
Restatements
Restatement databases on Westlaw are
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REST – all Restatements of the Law
REST-AGEN – Agency
REST-CONFL – Conflict of Laws
REST-CONTR – Contract Restatement
REST-FOREL – The Foreign Relations Law of the United States
REST-JUDG – Judgments
REST-LGOVL – Law Governing Lawyers
PL-REST – Product Liability
REST-PROP – Property
REST-RESTI – Restitution
REST-SEC – Security and Suretyship and Guaranty
REST-TORT – Torts
REST-TRUST–Trusts
REST-UNCOM – Unfair Competition
Restatements
TOC
• Online documents contain the text, comments, and illustrations of
the Restatement, Case Citations to Restatements, Reporter’s
Notes and Cross References.
• A Table of Contents link on the Links for tab opens the Table of
Contents for the Restatement at the Restatement section being
displayed.
• Drafts of future series are included in the databases.
• Database: REST-TORT
Search: dram-shop /p “social host” /s liab!
Legal Periodicals
Law Reviews and Journals,
Bar Journals, and Others
Contents
Periodicals
Legal periodicals are published by many sources.
There are
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Law School Reviews and Journals
Bar Association Journals
Legal Newspapers
Topical and Special Interest Periodicals
Newsletters
Periodicals
Law Reviews and Journals
• are published by student-editors at law schools
• can be general or focus on a specific area of the law
• number of issues published per year varies by
publication
• often solicit lead articles from legal experts, generally
law professors, which usually address narrow legal
issues
• are often heavily footnoted
Periodicals
Law Reviews and Journals (continued)
• Notes and Comments are written by student members
of the law review
– Notes usually are critical analysis of recent court
cases or new statutes.
– Comments are usually critiques on issues of
current interest.
• Book reviews are included in some law review and
journal publications.
• All law reviews and journals are included in the JLR
(Journals and Law Reviews) database on Westlaw.
Each publication also has a separate database.
Periodicals
Bar Association Periodicals
• National, state, and local associations publish
journals.
• ABA Journal is a leading bar journal.
• Bar association publications tend to emphasize more
practical aspects of the law and do not crusade to
change or criticize the law.
• These publications usually comment on recent
legislation and court cases.
Periodicals
Legal Newspapers
• These periodicals can be local, state or national in
scope.
• The best-known weekly newspapers are the National
Law Journal and Legal Times.
• American Lawyer is published monthly.
Periodicals
Database: LEGNEWSL
Search: “social host” /s liab!
• Newsletters
– are published mainly by commercial organizations
and public interest groups
– usually focus on a narrow area of the law
• brief reviews of current cases and legislative and agency actions
– tend to be highly practical and technical
– are valued because of their currency
– are often the only publications that discusses a
new and narrow topic
Periodicals
Online Access to Legal Periodicals
Westlaw databases include
– LEGALNP –Legal Newspapers
– LEGNEWSL – Legal Newsletters Multi-base
– JLR – law school law reviews and journals
– TP-ALL – all law reviews and journals, bar journals,
other periodicals, texts, and treatises
– Each periodical also has a separate database that
can be individually searched.
– Database: TP-ALL
Query: ti(“social host” /s liab!)
retrieves 53 articles, most with helpful text and
cross- references.
Periodicals
Finding Legal Periodicals
Index to Legal Periodicals & Books (ILP)
• Originated in 1908
• Indexes approximately 600 English-language
periodicals
• Access
– Author/Subject Index
– Table of Cases
– Table of Statutes
– Book Review Index
Database: ILP
Query: ti(“social host” /s liab!)
• ILP database on Westlaw (cannot
be accessed by all law schools)
– can be searched using Terms & Connectors, Natural
Language, or Fields.
Periodicals
Finding Legal Periodicals
Current Law Index (CLI)
• Coverage begins in 1980
• Indexes approximately 850 worldwide legal
periodicals, including practice-oriented periodicals
• Titles are indexed in English
• Issued monthly, with quarterly and annual cumulative
issues
• Access
– Subject/Proper Name Index
– Author/Title Index
– Table of Cases
– Table of Statutes
Periodicals
Legal Resource Index (LRI) and Current
Index to Legal Periodicals (CILP)
• LRI is the online counterpart of CLI.
– Updated daily
– Contains law related newspapers and articles
selected from non-legal periodicals that are law
related
• LRI database on Westlaw (cannot be accessed at all
law schools)
– Can be searched using Terms & Connectors,
Natural Language, and Fields.
• CILP database contains the eight most recent weeks of
the Current Index to Legal Periodicals.
Periodicals
Using KeyCite to Locate Periodicals
• KeyCite is Westlaw’s citation research service.
• KeyCite Citing References will list the periodical
articles that have cited a case, statute, federal
regulation, or federal administrative decision.
• You can jump directly to these periodicals from
KeyCite.
A portion of the Citing References
for a Supreme Court case, showing
references to citing periodicals.
Texts
Treatises, Student Texts, Practice Guides, and Others
Contents
Texts
Treatises
• Treatises are
– written by legal scholars
– printed in book form
– good resources for discussions of cases and
statutes relating to a particular area of the law
– can be critical, analytical, explanatory, or practical
in nature
• Wright and Miller, Federal Practice and Procedure;
Dobbs, The Law of Torts
Texts
Treatises
• Treatises generally contain
– Table of Contents
– Table of Cases
– Text
– Index
– Supplemental materials in the form of pocket parts or
looseleaf service
• Sources for locating treatises include
– Library catalogs
– Catalog of Current Law Titles by Ward and Associates
– Index to Legal Periodicals, which added books to its
coverage in 1994
Texts
Student Texts:
Hornbooks
• are generally prepared for student use
• are straightforward, clear, non-analytical
presentations of the law
• clarify and organize the law in a given area
• are very useful as case finders
– references to cases limited to landmark cases
Texts
Student Texts:
Casebooks
• present seminal cases and subsequent and
sometimes seemingly conflicting cases
• contain little or no analysis
• encourage students to analyze case
law and draw their own conclusions
Texts
Student Texts:
Nutshells
• Nutshells are paperback books designed to give a
quick overview of an area of the law.
• There are 118 titles in the
Nutshell Series.
• References to
primary law are limited.
• Nutshells are a good place to start research if you
know nothing about an area of the law.
Texts
Practice Guides
• Designed for practitioners
• Usually confined to one jurisdiction
or area of the law
• Practice guides include
procedural manuals,
judicial desk books, form
books, and much more
Law Dictionaries
Contents
Dictionaries
Black’s Law Dictionary
• is the most widely used of a number
general and specialized law dictionaries
of
• consists of one volume
• identifies words in the context of legal usage
• includes citations to court cases and other sources of a legal
definition
• includes a guide to pronunciation of Latin words
• includes a table of abbreviations
• has the database identifier DI in WestMate®
• has the database identifier BLACKS in westlaw.com
Dictionaries
Words and Phrases
• Multivolume series
• Gives only judicial definitions of words
and phrases, therefore is not a complete dictionary
• Words and Phrases definitions can be retrieved in any
case law database using a wp field search, such as:
wp(“social host”)
Uniform Laws
and Model Acts
Contents
Uniform Acts
Uniform Laws
• The National Conference of Commissioners
on Uniform State Laws drafts Uniform Laws
and Model Acts.
• The goal is to promote uniformity in state law on
subjects where uniformity is desirable and practical.
• The National Conference designates as a “Uniform
Law” any act that has a reasonable chance of
enactment in a substantial number of states.
Uniform Acts
Uniform Laws
• The National Conference has approved more than 200 acts and
more than 100 have been adopted by at least one state.
• Uniform Commercial Code has been enacted in every state.
• Approved laws can be found in
– separate pamphlets
– the annual Handbook of the National Conference
– Uniform Laws Annotated, Master Edition, with annual
supplements
– ULA database on Westlaw
• Contains uniform laws and model acts
• Search: ci(“uniform commercial code”)
• Find command: ula ucc 2-201
Uniform Acts
Model Acts
• An act that does not have a reasonable chance of
adoption by a substantial number of states is
designated a “Model Act.”
• The goal is to have some of the sections, but not all,
adopted or modified by some of the states.
• Both the National Commission and the American Law
Institute draft Model Acts.
• Model Business Corporation Act, Model Penal Code
• Model Acts can be located in
– Handbook of the National Conference
– Directory of Uniform Acts and Codes
– ULA database on Westlaw
Digest Paragraphs, Headnotes and
Statutory Annotations
Contents
Digest Paragraphs
Headnotes
• Cases as reproduced in the National Reporter System® are a
combination of primary and secondary authority.
• The opinion of the court is primary law.
• The editorial enhancements, such as the synopsis and the
headnotes, are secondary law, that are
– summaries of the opinion
– written by West attorney-editors
– written in universally recognized legal terminology in place of
outdated, slang, or regional words or proper names
• Both headnotes and key numbers are in the digest (di) field in
Westlaw case law databases.
• Database: any case law database
Search: di(“social host” /p liab!)
Digest Paragraphs
Digests
• A headnote is assigned to a West Key Number
reflecting a specific point of law.
• Digest paragraphs are headnotes from cases
arranged alphabetically by topic and then numerically
by Key Number.
• Digests ease the retrieval of cases in any jurisdiction
that have addressed the same point of law.
Digest Paragraphs
Statutory Annotations
• Annotations (Notes of Decisions) are summaries of case
law that has interpreted, explained, or analyzed the
language of a statute.
• They follow the text and research aids in statutory
materials.
• West statutory materials use the headnotes from relevant
cases to annotate a statute as published by West.
• The annotations are secondary resources.
Do not cite the language of headnotes, digest paragraphs,
or annotations as primary law.
They are to be used only as a way to find relevant cases.
The language of the Case Headnote, the Digest
Paragraph, and the Statutory Annotation is identical.
The language of headnote
number 2 of the Koehnen
case. It references Minnesota
statute 340A.801
The language in the digest
paragraph that refers to
headnote 2 of the Koehnen
case.
The language of the annotation
to Minnesota Statute 340A.801
that refers to the Koehnen case.
Conclusion
• Secondary sources can help you start your research in an
unfamiliar area of the law
– Provide an overview of the law
– supply correct legal terminology
– raise related and relevant issues
– reference relevant cases, statutes, and other authoritative
sources
– reference finding aids, such as key numbers
• Before drawing final conclusions, re-check secondary sources to
be certain you haven’t missed
– a relevant primary source of law
– a relevant legal argument
Thank You…
We hope that you have found this lesson helpful.
If you have more Westlaw education or training needs,
please contact your Academic Account Manager or
call the Reference Attorneys at 1-800-WESTLAW.
If you have feedback on the Instructional Aids Series,
please contact Erin Jensen.