Overview of Legal Research
Primary Sources
Secondary Sources
Overview of Legal Research
Doing legal research for the first time can be a daunting proposition. The sheer number of law related resources out there can seem overwhelming. However, taking a bit of time to think about the nature of the sources you are working with and how they are organized will make the process a lot less painful.
The Universe of Legal Materials
Let's start by breaking down the entire Legal Research Universe into two basic categories. First there is THE LAW by which I mean the constitutions, statutes, court opinions and regulations that comprise legal authority. Second, there are THINGS THAT EXPLAIN THE LAW which are all the books, articles and other resources that help decipher legalese.
The Federal System
The next important thing to understand is that United States is a federal system. This means that laws are created at two levels of government. There are federal stautes, court opinions and regulations as well as the federal constitution that are created on the national level. They apply nationwide regardless of the state in which a person resides. At the same time, each state has the power to create its own constitution, statutes, court opinions and regulations. These are created at the state level and have no reach beyond the borders of a particular state.
Depending on the nature of the research you are doing, some times federal law will apply, other times state law will apply or there may be aspects of both state and federal law that will control.
Keeping the federal system in mind, let's look at Primary Sources of law.
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Primary Sources
Constitutions, statutes, court opinions (or cases) and regulations are the legal authority which constitute the law. They are Primary Sources. It might make it easier to think of each of these Primary Sources in association with the branches of government that create each source of law. Refer to the chart below. Remember, only these branches of government can create The Law and only Primary Sources are The Law.
Federal Primary Sources
| Constitution and Statutes |
Legislative Branch - Federal House and Senate |
| Court Opinions |
Judicial Branch- Federal District Courts, Circuit Courts of Appeal and the Supreme Court |
| Regulations & Administrative Rulings |
Executive Branch (President) through Administrative Agencies (ex. E.P.A., I.R.S.) |
State Primary Sources
| Constitution and Statutes |
Legislative Branch - State Houses and Senates |
| Court Opinions |
Judicial Branch - District (Trial ) Courts, Courts of Appeal, Courts of Last Resort (usually referred to as the State's Supreme Court) |
| Regulations & Administrative Rulings |
Executive Branch (Governor) through State Administrative Agencies |
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Secondary Sources
Going straight to a statute, regulation or court opinion and trying to parse out its meaning is often a frustrating and time consuming endeavor for even experienced legal researchers, let alone someone new to the process. No need to fear though, Secondary Sources will come to your rescue!
Two Functions of Secondary Sources
Explanation and Analysis
Secondary Sources serve two basic purposes. First, if you already know the statute, case or regulation that you want to research, a Secondary Source can provide an explanation and analysis (often in much simpler terms) to enhance your understanding of not only the Primary Source itself, but also the issues and controversies surrounding that source.
Jump Start for Primary Sources
Second, if you are researching an area of law but don't know the main statutes, cases, or regulations that control, a Secondary Source will point you in the right direction. Law professors, legal scholars and law students are prolific writers on almost any imaginable legal topic. A well-footnoted law review article or book on a particular area of law will have done most of the research grunt work for you. The important statutes, case law and regulations surrounding with your legal issue will be analyzed and cited, making the job of finding and understanding the Primary Sources on your topic significantly easier.
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