Step 2 involves searching for relevant secondary sources, which are sources that provide background information, context, and expert commentary on the legal issues involved. These sources, such as legal encyclopedias, treatises, law review articles, and practice guides, offer insights that help to clarify complex issues and guide researchers toward the primary sources of law, such as statutes and case law, that are most relevant to their inquiry.
There are multiple reasons legal researchers should seek out relevant secondary sources:
1. Secondary sources provide background info and help explain the law.
Secondary sources provide an overview of how statutes, regulations, case law, and other authority interface together with your legal issue.
2. Secondary sources lead you to relevant primary sources.
Secondary sources will include citations to primary authority on which you can rely (but see Limitations below). Depending on the source, you may find citations to primary authority that is binding in your jurisdiction.
1. Secondary sources generally provide a broad overview and may not include everything you need for your research.
Instead of relying solely on the secondary source as a source, go to the relevant citation's source for more information.
2. Secondary sources can be outdated and may not address all relevant sources.
Although secondary sources are updated regularly, law can always change before an update. Check the date of any secondary source. Check any primary sources cited to ensure they are still good law.
Do not rely solely on a secondary source. Always check the primary source material!
Consider what secondary sources may be most helpful in researching your topic. If you are looking at Texas law, make sure you consult Texas encyclopedias, for example. If you are dealing with a long-established area of law, consider consulting Treatises or Hornbooks that will provide you with background into the development of your legal issue.
Each page under the Secondary Sources tabs at left will provide some information on each type of secondary source. Refer to these as you proceed with your research to find new potential sources to consider or when need a refresher on what each source includes.
Ultimately, remember that secondary sources are not law. They discuss and interpret the law, but you should always rely on the actual source material for your research.