LA 107 WK 2 Secondary Authority (Chapter 6)

What is secondary authority?

Sources that explain, analyze, or comment on the law but are not law themselves.

Can secondary authority be binding law?

No, but it can be persuasive.

Name three examples of secondary authority.

Legal periodicals, Restatements, legal dictionaries.

What are legal periodicals?

Publications like law reviews, bar journals, and legal magazines.

Why use legal periodicals?

To get in-depth analysis of legal issues and find citations to primary authority.

Where can you find legal periodicals?

Westlaw, Lexis, HeinOnline, law libraries.

What are Restatements of the Law?

Scholarly summaries of common law rules published by the American Law Institute.

What do Restatements contain?

Black-letter rules, comments, illustrations, and reporter’s notes.

Why use Restatements?

A: To clarify legal principles and find case citations.

What are uniform laws?

Model statutes designed to make laws consistent across states.

Give an example of a uniform law

Uniform Commercial Code (UCC).

How do you research uniform laws?

Compare model text to your state’s adopted version and check annotations.

What is a legal dictionary?

book defining legal terms.

Most authoritative U.S. legal dictionary?

Black’s Law Dictionary.

Why use a legal dictionary?

To understand precise meanings of legal terms.

What is legislative history?

Records created during the process of making a law.

Why use legislative history?

to find the legislature’s intent.

Name three components of legislative history.

Committee reports, bill drafts, hearings/debates.

First step in compiling legislative history

Identify the law and bill number.

Which legislative history document is usually most influential?

Committee reports.

What are treatises?

Comprehensive books on specific legal topics.

What are legal encyclopedias?

Summaries of legal topics with citations to primary sources.

Why use miscellaneous secondary sources?

: To get practical guidance and background before finding primary law.