QUINCY COLLEGEQUINCY COLLEGEParalegalStudies ProgramParalegalStudies Program

Legal Research & WritingLegal Research & WritingLAW-215LAW-215

Encyclopedias, Periodicals, Encyclopedias, Periodicals, Treatises, and RestatementsTreatises, and Restatements

Part 1Part 1

Encyclopedias, Periodicals, Treatises, Encyclopedias, Periodicals, Treatises, and Restatementsand Restatements

In this unit, we will learn:In this unit, we will learn: The definition of secondary sources The definition of secondary sources

and their uses in the research and their uses in the research process.process.

Examples of secondary sources.Examples of secondary sources. How to use common secondary How to use common secondary

sources.sources. To identify the most frequently To identify the most frequently

used secondary sources.used secondary sources.

Secondary SourcesSecondary Sources

Secondary sources can be used Secondary sources can be used to help locate and explain to help locate and explain primary sources of law. While primary sources of law. While persuasive, these sources are persuasive, these sources are not controlling and do not not controlling and do not constitute the law itself.constitute the law itself.

Secondary SourcesSecondary Sources

There are a variety of secondary There are a variety of secondary sources, including:sources, including: legal encyclopedias;legal encyclopedias; legal periodicals;legal periodicals; hornbooks and nutshells;hornbooks and nutshells; Words & Phrases;Words & Phrases; Restatements;Restatements; loose leaf services; &loose leaf services; & directories.directories.

Why use Secondary Resources? Why use Secondary Resources?

Two Main Reasons:Two Main Reasons:

1) Gain basic understanding of the law by 1) Gain basic understanding of the law by getting background information, getting background information,

finding out issues in your topical area, finding out issues in your topical area,

finding new terms, definitions, concepts, etc…finding new terms, definitions, concepts, etc…

2) Because they lead to Primary 2) Because they lead to Primary ResourcesResources

When to use Secondary When to use Secondary Resources?Resources?

1.1. Researching an Researching an unfamiliar area of the law.unfamiliar area of the law.

2. Looking for 2. Looking for primary persuasive authorityprimary persuasive authority (law from another jurisdiction) but doing a (law from another jurisdiction) but doing a nationwide search is inefficientnationwide search is inefficient. .

3. Researching an 3. Researching an undeveloped area of lawundeveloped area of law..

4. An 4. An initial searchinitial search of primary sources yields of primary sources yields either either no authority or too much authorityno authority or too much authority

Legal EncyclopediasLegal Encyclopedias Legal encyclopediasLegal encyclopedias

are arranged alphabetically by topicare arranged alphabetically by topic divide topics into sectionsdivide topics into sections have a fairly short non-analytical narrative in each have a fairly short non-analytical narrative in each

sectionsection give a general, rather than in-depth, view of the lawgive a general, rather than in-depth, view of the law cross-reference relevant primary lawcross-reference relevant primary law

Legal encyclopedias are a good placeLegal encyclopedias are a good place to start research in an unfamiliar area of the lawto start research in an unfamiliar area of the law to get a quick, general, answer to a legal question.to get a quick, general, answer to a legal question.

General LegalGeneral LegalEncyclopediasEncyclopedias

American Jurisprudence 2dAmerican Jurisprudence 2d

Corpus Juris SecundumCorpus Juris Secundum®®

American Jurisprudence 2dAmerican Jurisprudence 2d

Provides a broad overview of a Provides a broad overview of a topictopic

Identifies specialized Identifies specialized vocabularyvocabulary

Provides citations to primary Provides citations to primary materials materials and ALR annotations and ALR annotations

Cross-references other Cross-references other secondary secondary materialmaterial

American Jurisprudence 2d (American Jurisprudence 2d (Am Jur 2dAm Jur 2d)) The print version of Am Jur 2d consists ofThe print version of Am Jur 2d consists of

120 volumes120 volumes11

more than 430 titlesmore than 430 titles Each volume contains aEach volume contains a

Table of ContentsTable of Contents Table of Parallel ReferencesTable of Parallel References Table of Statutes and Rules Cited Table of Statutes and Rules Cited Index for articles in the volume Index for articles in the volume

Topics are preceded by a detailed scope Topics are preceded by a detailed scope

note, general cross-references, and an note, general cross-references, and an outline of the topic.outline of the topic.11 The last volume is numbered 83 because more than one The last volume is numbered 83 because more than one volume may have the same number, for example the volume may have the same number, for example the volumes 45, 45A, 45B. volumes 45, 45A, 45B.

Am Jur 2d Am Jur 2d

The annual four-volume The annual four-volume General Index contains General Index contains definitions of words and definitions of words and phrases.phrases.

There is a separate volume There is a separate volume titled titled Table of Statutes, Table of Statutes, Regulations, and Rules Regulations, and Rules Cited. Cited.

Updating Am Jur 2dUpdating Am Jur 2d

There are annual pocket supplements.There are annual pocket supplements.

The The Am Jur IndexAm Jur Index is issued each year. is issued each year.

The The New Topic Service,New Topic Service, in looseleaf in looseleaf format, introduces new material format, introduces new material before new volumes are issued:before new volumes are issued:

new topics of the lawnew topics of the law

substantial changes in the lawsubstantial changes in the law

Bound volumes are periodically Bound volumes are periodically revised.revised.

Other Am Jur PublicationsOther Am Jur Publications American Jurisprudence Proof of FactsAmerican Jurisprudence Proof of Facts

A multivolume setA multivolume set a practical guide for lawyers a practical guide for lawyers containscontains

checklists and planning advicechecklists and planning advice preparation for trial materialspreparation for trial materials examination of witnesses materialsexamination of witnesses materials

American Jurisprudence TrialsAmerican Jurisprudence Trials is a treatise on is a treatise on litigation practice.litigation practice.

American Jurisprudence Legal FormsAmerican Jurisprudence Legal Forms and and American Jurisprudence Pleading and Practice American Jurisprudence Pleading and Practice Forms (Revised)Forms (Revised) contain the forms needed in the contain the forms needed in the practice of law.practice of law.

Corpus Juris SecundumCorpus Juris Secundum(C.J.S.)(C.J.S.)

C.J.S. contains 400 broad topics, each divided into C.J.S. contains 400 broad topics, each divided into subtopics, which are sub-divided into sections.subtopics, which are sub-divided into sections.

There are 150 volumes.There are 150 volumes.11

11 The last volume is numbered 101 because more than one volume The last volume is numbered 101 because more than one volume may have the same number, such as 48A and 48B. may have the same number, such as 48A and 48B.

Corpus Juris SecundumCorpus Juris Secundum(C.J.S.)(C.J.S.)

Each section contains a brief, Each section contains a brief, ““blackletterblackletter” ” statement of the statement of the law, followed by a short law, followed by a short section of text. section of text.

Footnotes reference federal and Footnotes reference federal and state cases.state cases.

C.J.S. cross references the titles C.J.S. cross references the titles and sections to West topics and and sections to West topics and key numbers and other key numbers and other secondary sources.secondary sources.

Corpus Juris SecundumCorpus Juris Secundum There is an annual multivolume There is an annual multivolume General Index.General Index. Each volume has its own index.Each volume has its own index. There are annual cumulative pocket There are annual cumulative pocket

supplements.supplements. Replacement volumes are issued periodically.Replacement volumes are issued periodically. Replacement volumes contain a Replacement volumes contain a Table of Table of

Corresponding SectionsCorresponding Sections that cross-references that cross-references replacement volumes with older volumes.replacement volumes with older volumes.

Definitions of words and phrases are included Definitions of words and phrases are included with appropriate sections and in the volume with appropriate sections and in the volume indexes.indexes.

Research Strategies for Using Research Strategies for Using General EncyclopediasGeneral Encyclopedias

Descriptive word approachDescriptive word approach Topic approachTopic approach Table of statutes approachTable of statutes approach Table of cases approachTable of cases approach

StateStateEncyclopediasEncyclopedias

State EncyclopediasState Encyclopedias

Some States have state specific Some States have state specific versions of legal encyclopedias.versions of legal encyclopedias.

Examples:Examples: Florida Jurisprudence, 2dFlorida Jurisprudence, 2d (Fla. Jur. 2d) (Fla. Jur. 2d) Michigan Law and Practice EncyclopediaMichigan Law and Practice Encyclopedia Strong’s North Carolina IndexStrong’s North Carolina Index Texas Jurisprudence 3dTexas Jurisprudence 3d

Publication of Publication of Massachusetts Massachusetts JurisprudenceJurisprudence ceased in 1998. ceased in 1998.

Features Common to State Features Common to State EncyclopediasEncyclopedias

CoverageCoverage ArrangementArrangement Table of casesTable of cases Table of statutesTable of statutes IndexingIndexing SupplementationSupplementation

Research Strategies for Using Research Strategies for Using State EncyclopediasState Encyclopedias

Descriptive word approachDescriptive word approach Topic approachTopic approach Table of cases approachTable of cases approach Table of statutes approachTable of statutes approach

Legal PeriodicalsLegal Periodicals

Law school publicationsLaw school publications Bar association and paralegal Bar association and paralegal

association publicationsassociation publications Specialized publicationsSpecialized publications Legal newspapers and Legal newspapers and

newslettersnewsletters

Legal PeriodicalsLegal Periodicals

LocationsLocations ABA Microfilm set, ProQuestABA Microfilm set, ProQuest Some in Lexis & Westlaw w/scope Some in Lexis & Westlaw w/scope

limitationslimitations Finding tools – more in LegalTracFinding tools – more in LegalTrac

Legal PeriodicalsLegal Periodicals

There are numerous legal There are numerous legal periodicals available, including periodicals available, including law school journals and/or law law school journals and/or law reviews, bar association reviews, bar association periodicals, legal newspapers or periodicals, legal newspapers or newsletters.newsletters.

Again, these sources are not Again, these sources are not controlling but may be cited as controlling but may be cited as persuasive authority. They are persuasive authority. They are also very helpful in locating also very helpful in locating cases and statutes in a cases and statutes in a particular subject area.particular subject area.

Legal PeriodicalsLegal Periodicals

Law ReviewsLaw Reviews ScholarlyScholarly Peer reviewedPeer reviewed Heavily footnotedHeavily footnoted Current trends and issuesCurrent trends and issues

Bar JournalsBar Journals PracticalPractical Geared toward litigation Geared toward litigation Few footnotes or Few footnotes or

referencesreferences Current trends and issuesCurrent trends and issues

Accessing Legal PeriodicalsAccessing Legal Periodicals

In order to access these numerous In order to access these numerous legal periodicals, a legal researcher legal periodicals, a legal researcher will need either need a citation or an will need either need a citation or an index.index.

Several legal indexes do exist to help Several legal indexes do exist to help the legal researcher locate law review the legal researcher locate law review articles on a particular topic.articles on a particular topic.

Generally these indexes can be Generally these indexes can be accessed by author, journal title, or accessed by author, journal title, or subject.subject.

Indexes to Legal PeriodicalsIndexes to Legal Periodicals

To locate citations to English To locate citations to English language law review articles language law review articles published prior to 1908, check the published prior to 1908, check the Jones-Chipman Index to Legal Jones-Chipman Index to Legal PeriodicalsPeriodicals..

To locate citations between 1908 and To locate citations between 1908 and 1979, consult the 1979, consult the Index to Legal Index to Legal PeriodicalsPeriodicals..

Indexes to Legal PeriodicalsIndexes to Legal Periodicals

To find articles from 1979 onwards, To find articles from 1979 onwards, there are several indexes that can be there are several indexes that can be consulted, including:consulted, including: Index to Legal Periodicals and Books Index to Legal Periodicals and Books

Current Law IndexCurrent Law Index, which began , which began publication in 1980. publication in 1980.

Legal TreatisesLegal Treatises

Publications on legal topics that Publications on legal topics that give commentary and explanationsgive commentary and explanations

Examples:Examples:

Williston on Contracts – for scholarsWilliston on Contracts – for scholars The Elder Law Answer Book – for The Elder Law Answer Book – for

practitionerspractitioners Constitutional Law in a Nutshell - for Constitutional Law in a Nutshell - for

studentsstudents

Hints for Finding TreatisesHints for Finding Treatises

Well known treatises are often known by author name, A keyword search rather than a title search may be necessary to locate these resources in the catalog.

• Nimmer on Copyright

• Wright and Miller, Federal Practice and Procedure

• Williston, A Treatise on the Law of Contracts

Several Law School Libraries have lists of common scholarly treatises arranged by subject.

Well known treatises are often known by author name, A keyword search rather than a title search may be necessary to locate these resources in the catalog.

• Nimmer on Copyright

• Wright and Miller, Federal Practice and Procedure

• Williston, A Treatise on the Law of Contracts

Several Law School Libraries have lists of common scholarly treatises arranged by subject.

Common Features of TreatisesCommon Features of Treatises

FormatFormat IndexIndex Table of Table of

contentscontents Table of casesTable of cases Table of statutesTable of statutes AppendicesAppendices UpdatingUpdating

Hornbooks and NutshellsHornbooks and Nutshells Hornbooks provide a general Hornbooks provide a general

statement of the law (i.e. black letter statement of the law (i.e. black letter law) in a specific subject area.law) in a specific subject area.

Usually hornbooks contain an index, Usually hornbooks contain an index, a Table of Cases, and sometimes a a Table of Cases, and sometimes a Table of Statutes.Table of Statutes.

West Hornbook Series is one of the West Hornbook Series is one of the most established and best known most established and best known series.series.

NutshellsNutshells

Nutshells are paperback volumes.Nutshells are paperback volumes. Nutshells provide an even more Nutshells provide an even more

simple statement of the law in a simple statement of the law in a specific subject area than do specific subject area than do hornbooks.hornbooks.

There is indexing as well as a Table There is indexing as well as a Table of Cases list.of Cases list.

End of Digests,Digests,Encyclopedias, Periodicals,Encyclopedias, Periodicals,

Treatises, and RestatementsTreatises, and RestatementsPart 1

End of Digests,Digests,Encyclopedias, Periodicals,Encyclopedias, Periodicals,

Treatises, and RestatementsTreatises, and RestatementsPart 1