Hierarchy of Secondary Sources

Definition

The hierarchy of secondary sources refers to the organization of non-primary legal materials based on their authority, reliability, and how directly they relate to the law. This hierarchy is essential for legal research, as it helps determine which secondary sources are most persuasive or authoritative when analyzing legal issues or formulating arguments.

5 Must Know Facts For Your Next Test

1. The hierarchy typically places legal encyclopedias and treatises at the top due to their thoroughness and authority, followed by law review articles and practice guides.
2. Understanding this hierarchy is crucial for effective legal research, as it helps prioritize which sources should be consulted first based on their reliability.
3. Court opinions can also be viewed within this hierarchy, as they may reference secondary sources to support their reasoning.
4. Different jurisdictions may emphasize various secondary sources, affecting how researchers approach their legal inquiries.
5. Lawyers and students often rely on this hierarchy to build credible arguments, ensuring they cite the most respected and relevant materials.

Review Questions

• How does the hierarchy of secondary sources impact legal research strategies?
  • The hierarchy of secondary sources impacts legal research strategies by guiding researchers on which materials to prioritize for authoritative information. Higher-ranked sources like treatises and legal encyclopedias are generally more reliable and informative than lower-ranked sources such as blogs or opinion pieces. This structured approach ensures that legal professionals base their arguments on solid foundations, increasing the chances of success in legal proceedings.
• What are some examples of secondary sources that might be included in different levels of the hierarchy, and why are they positioned that way?
  • In the hierarchy of secondary sources, treatises are positioned at a high level due to their in-depth analysis and the expertise of their authors. Legal encyclopedias also hold significant weight as they summarize vast amounts of legal information succinctly. In contrast, practice guides may be lower in the hierarchy since they provide practical advice but may not always include comprehensive legal analysis. Each source's placement reflects its reliability, depth of analysis, and relevance to specific legal issues.
• Evaluate how understanding the hierarchy of secondary sources could influence a lawyer's argument in court.
  • Understanding the hierarchy of secondary sources can significantly influence a lawyer's argument in court by enabling them to cite more persuasive and authoritative materials. By prioritizing higher-ranking sources like Restatements or law review articles, lawyers can bolster their positions with well-regarded interpretations of the law. This strategic use of sources not only enhances credibility but also allows lawyers to preemptively counter opposing arguments grounded in lesser secondary materials, ultimately strengthening their case before a judge or jury.

Related terms

Legal Commentary: Scholarly analysis and discussion of legal principles and cases, often found in law journals, that can provide insights into the application of the law.

Restatements of the Law: Publications by the American Law Institute that summarize the common law in various areas, providing guidance and clarity on legal principles.

Treatises: Comprehensive written works that discuss and analyze specific areas of law in detail, often authored by experts in the field.