What are primary and secondary sources in law?
Primary sources are those which state the law – Statutes, Statutory Instruments and law reports. Secondary materials discuss and comment on the law and include textbooks, legal dictionaries, encyclopaedias and journal articles.
What is the difference between primary and secondary legal authorities?
When we refer to ‘authority’ or ‘primary authority’, we mean “the law.” The law being a constitutional or statutory provision, an administrative regulation or a court opinion. ‘Secondary authority’ refers to material that is NOT the law, but that which leads you to the law or helps to explain the law.
Is a newspaper a secondary source?
Newspaper articles can be examples of both primary and secondary sources. Some articles may contain both descriptions of historical events as well as analysis or comparison to contemporary ones, but they are still considered secondary sources.
Is dictum primary or secondary authority?
dictum: a statement, analysis, or discussion in the court’s opinion that is irrelevant or unnecessary for the outcome of the case. holding: that part of the written opinion that has precedential value and is considered primary authority because it is the ruling or decision of the court.
What is a secondary source in legal research?
CALI Lessons on Secondary Sources Secondary resources are books and other material ABOUT legal subjects and issues: they discuss and explain primary resources such as cases and statutes and can be useful in assisting our understanding about specific areas of law.
What counts as a secondary source?
Secondary sources are works that analyze, assess or interpret an historical event, era, or phenomenon, generally utilizing primary sources to do so. Secondary sources often offer a review or a critique. Secondary sources can include books, journal articles, speeches, reviews, research reports, and more.
Is a secondary source of law authority?
A good place to start most research projects is with a secondary source. A secondary source is not the law. It’s a commentary on the law. The important classes of legal secondary sources include: treatises, periodical articles, legal encyclopedias, ALR Annotations, Restatements, and Looseleaf services.
Is a movie a tertiary source?
Survey or overview articles are usually tertiary, though review articles in peer-reviewed academic journals are generally considered secondary (not be confused with film, book, etc. reviews, which are primary-source opinions).
Is Westlaw a secondary source?
Thomson Reuters Westlaw continues to expand on its tradition of excellence that dates back to 1875. Our Secondary Source content has expanded and evolved through those years, and is actively updated and maintained to give you the single most comprehensive collection of secondary legal analysis.