- •Getting Started
- •Legal Authority
- •Secondary Sources
- •Primary vs. Secondary Sources
- •Approaches to Research
- •Updating
- •Judicial Opinions
- •Reporters
- •Statutes
- •Quiz. Which of the following is statutory legal authority?
- •Administrative Law and Regulations
- •Agency Decisions
- •Secondary Source Materials
- •Legal Encyclopedias
- •Treatises
- •Legal Periodicals
- •Digests
- •Citators
- •Starting with a Citation
- •Starting with a Concept
Starting with a Citation
Let's start with how to find a source when you already have a legal citation. When you begin to research the law, you'll probably find yourself in one of two situations. You may have a topic to research and no specific citation to start with. Or you might have a citation to one or more legal resources. The second situation is more desirable.
Legal citations tell the researcher where to find the resource referenced. It's a form of notation with abbreviations. Legal citation form is what you will use to refer to your authority and how you will locate that authority. So, here's a problem that will acquaint you with it.
Starting with a Concept
Let's suppose that you find yourself in the situation where you do not have a legal citation to start your research. There are many approaches you might take to find the relevant legal authority. However, two basic approaches are common. A researcher can begin by delving right into sources that contain the actual laws; i.e., primary sources. Alternatively, you start with those materials that discuss the law; i.e., secondary sources, and follow the references contained in them to primary sources.
As you become a skilled artisan in legal research, you will quickly know the best starting tool. But now as you continue as a research apprentice, keep in mind the goal of finding legal authority and the variety of ways to achieve it. By going directly to primary sources, you may use a digest to find case law, an index to a statutory or regulatory code to find relevant law, or search and browse many types of primary authority in databases on the Internet. Using secondary sources - treatises, journal articles, annotations and encyclopedias - you can find useful background and primary source references on more general topics or specific legal issues and developments. And as you work with these materials in crafting your legal position, do not forget to determine the currency of the information and update your findings as appropriate.
