Secondary Sources for Legal Research
The Law Library has a wide variety of secondary sources that describe, critique, and analyze the law. Which one is right for you? Check the descriptions below, and contact a research librarian for help with a specific source.
American Law Reports (ALRs)
Characteristics
- Made up of individual articles called “annotations”
- Attorney authors
- Narrow legal topics with summaries of relevant cases by jurisdiction
- ALR Index covers all but 1st series, which has its own index
- Updated by pocket parts
Examples and access
Strengths and weaknesses
- + Annotations have detailed summaries for many of the cases discussed & usually have in-depth analysis
- + Good overview of how courts throughout the country deal with a particular issue
- + Sometimes lists cases broken out by elements found vs. not found, for easy comparison
- - On-point annotation may not exist
- - On-point annotation may not provide much authority for your jurisdiction, or could be out of date
Congressional Research Service (CRS) Reports
Characteristics
- Individual reports on current political and legal issues
- Objective analysis on a public policy topic
- CRS is a branch of the Library of Congress
- Individual publication numbers (order codes)
Examples and access
- Auditing and Its Regulators: Reforms after Enron, Order Code RS21120
- ProQuest Congressional (Comprehensive reports, including historical, restricted to UCI)
EveryCRSReport.com (Current reports, open access)
Strengths and weaknesses
- + Reports provide in-depth analysis of a specific topic
- + Good overview of legislation that may be involved
- - On-point report may not exist
- - Updates to a report may depend on individual author, may be out of date
Encyclopedias
Characteristics
- Alphabetical arrangement
- Broad topics
- Jurisdiction varies (can be national or state-specific)
- Multiple authors
- Multi-volume subject index
Examples and access
- American Jurisprudence, 2d (Am. Jur.) (National)
California Jurisprudence, 3d (Cal. Jur.) (California-specific) - Legal encyclopedias are available in print and online. Online coverage varies - not all publishers licence their titles to competitors.
Strengths and weaknesses
- + Good overview of law on a variety of topics
- + National provides a sense of how different jurisdictions are treating a topic
- + State focuses on single jurisdiction
- - Not much in-depth discussion of cases
- - National may not provide much (if any) authority for your jurisdiction
- - State limited to one jurisdiction
Form Books
Characteristics
- Aimed at attorneys and judges
- Provide sample forms with commentary
- Usually large multi-volume sets
- Transactional or litigation focus
- Forms may be incorporated into other resources
Examples and access
- Am. Jur. Pleading and Practice Forms
California Wills & Trusts Forms - Form books are available in print and online. Online coverage varies - not all publishers licence their titles to competitors.
Strengths and weaknesses
- + Provides model language and guidance that can save drafting time
- + Focus on specific jurisdiction may be available
- - Model language cannot be used as-is, must be adapted to situation at-hand
Journals & Law Reviews
Characteristics
- In-depth scholarly articles by law faculty or law students
- Tend to analyze current issues
- Published by law schools
- Use periodical index or full-text database to find articles
Examples and access
- Stanford Law and Policy Review (Stan. L. & Pol’y Rev.)
- Full text: Print
Lexis and Westlaw
Hein Online - Subject indices: LegalTrac
Index to Legal Periodicals
Strengths and weaknesses
- + Provide critical legal analysis and policy arguments
- + Discuss emerging trends in law
- - Rarely provide a general explanation or overview of the law
- - Law school journal editorial boards are students; few peer-reviewed law periodicals
- - Articles are not updated
Looseleaf Services
Characteristics
- Single-subject focus, heavily-regulated areas
- Updated frequently, as often as weekly
- Practitioner audience
- Compile primary materials and analysis
- Newsletter or interfiled-page format
Examples and access
- Standard Federal Tax Reporter (CCH)
U.S. Law Week (BNA) - Checkpoint (tax titles)
WK Cheetah (coverage varies)
Bloomberg BNA (coverage varies)
Strengths and weaknesses
- + Exhaustive coverage of complicated areas of law
- + Provides most current information available
- + In-depth explanations often accompany primary materials
- - Not as useful for how-to guidance
- - May be overwhelming if unfamiliar with the area of law
Practice Guides / Practical Treatises
Characteristics
- Single-subject focus in a particular jurisdiction
- Practitioner audience—written by and for practicing attorneys
- Court rules included
- May contain checklists, tips, sample forms
Examples and access
- Online coverage varies by publisher. For example, Lexis will only have online versions of treatises it publishes or licenses.
- CA Practice Guides (“Rutter Guides”)
Print and Westlaw - CA Continuing Education of the Bar (“CEB”)
Print and OnLaw - Matthew Bender
Print and Lexis - Treatises at UCI Law - By Subject
Strengths and weaknesses
- + Provides how-to guidance in plain language
- + Includes many practice-oriented tools
- - Updated less frequently; often only annually
- - Primary law only highlighted if relevant for practice
Scholarly Treatises
Characteristics
- Detailed analysis on one subject
- Scholar authors
- Often updated by pocket parts and/or supplements
- Available online and in print
- Single or multi-volume with index
Examples and access
- Online coverage varies by publisher. For example, Lexis will only have online versions of treatises it publishes or licenses.
- Corbin on Contracts
McCarthy on Trademarks and Unfair Competition - Treatises at UCI Law - By Subject
Strengths and weaknesses
- + Exhaustive analysis
- + Discusses many jurisdictions
- + Fair amount of discussion of cases
- + Can sometimes be cited in court documents as persuasive authority
- - May not cover your jurisdiction
- - Not all treatises are authoritative, comprehensive, current, and well-organized
Restatements
Characteristics
- Published by the American Law Institute and authored by scholar committees
- Audience is courts
- Available online and in print
- Multi-volume
- Organize and restate common-law issues
- See ALI.org, "How the Institute Works"
Examples and access
- Restatement of the Law, Employment Law
- Online access in HeinOnline, Lexis, and Westlaw.
Strengths and weaknesses
- + Discuss many jurisdictions
- + Can sometimes be cited in court documents as persuasive authority
- - May not cover your topic
- - Infrequently used by practitioners
- - Require expertise in relevant area to use effectively