This guide is designed to walk you through the importance and application of secondary sources in the legal field. Secondary sources are vital tools for any legal research project, whether you're a first-year law student just starting your journey or a seasoned legal practitioner revisiting the basics. Effective use of secondary sources can greatly reduce the amount of time and energy you have to expend.
Secondary sources are materials that discuss or explain the law. Secondary sources, unlike primary sources such as statutes and case law, do not explicitly establish legal rules or principles. However, they serve a crucial role in comprehending primary legal materials. They explain legal principles and rules, provide context, offer analysis, and can help you understand and apply primary sources more effectively.
Secondary sources often explain legal principles thoroughly and summarize any developments in the law over time. Whenever you are beginning your research—and especially if you are looking at an area of law that is new to you—a good secondary source can save you time and energy by citing to relevant primary and secondary authorities related to your topic. Secondary sources also help improve your research by exposing you to concepts or terms of art specific to that area of law.
While the specific circumstances will vary, secondary sources are typically used early in the legal research process.
They're a great starting point when you're exploring a new area of law or trying to get a broad overview of a legal topic.
They can also be helpful later in the process when you're looking for a deeper understanding or need help interpreting primary sources.