Secondary source

Definition

A secondary source is a document or recording that analyzes, interprets, or summarizes primary sources. These sources are often used to gain context or understanding of the primary data and are crucial in legal research for evaluating how cases and statutes have been interpreted or applied over time.

5 Must Know Facts For Your Next Test

1. Secondary sources can include treatises, law review articles, encyclopedias, and restatements of the law, providing essential insights into legal principles and case interpretations.
2. Evaluating the credibility of secondary sources involves assessing the author's qualifications, the publication's reputation, and the date of publication to ensure the information is reliable and relevant.
3. In legal writing, secondary sources are often cited to support arguments and provide a broader context for understanding primary sources and their implications.
4. Unlike primary sources, which present original legal materials directly, secondary sources offer an interpretation that can highlight how laws have evolved or been challenged over time.
5. Secondary sources play a vital role in legal research by helping practitioners understand complex legal issues and guiding them in applying the law to specific situations.

Review Questions

• How do secondary sources enhance the understanding of case law and its implications in legal research?
  • Secondary sources enhance the understanding of case law by providing analysis and context that help legal professionals interpret how laws have been applied in various situations. They summarize key judicial decisions and highlight trends in case law, making it easier to grasp complex legal concepts. By referencing secondary sources, lawyers can better understand the implications of specific rulings and how they fit within the broader legal framework.
• What criteria should be used to evaluate the credibility of a secondary source when conducting legal research?
  • When evaluating the credibility of a secondary source, it’s important to consider the author's expertise in the subject matter, the reputation of the publication or platform where it appears, and how current the information is. Additionally, examining whether the source cites primary sources or other reputable secondary materials can also indicate reliability. A thorough evaluation ensures that any analysis or interpretation used in legal writing is sound and trustworthy.
• Discuss how secondary sources influence legal argumentation and decision-making in court cases.
  • Secondary sources influence legal argumentation by providing critical interpretations and summaries that shape how lawyers construct their arguments in court. They often highlight prevailing legal theories, trends in case law, and authoritative perspectives that can sway judicial decisions. By integrating well-regarded secondary materials into their arguments, attorneys can reinforce their positions and appeal to judicial precedent effectively, making these resources essential for persuasive legal writing and decision-making.

Related terms

primary source: A primary source is an original document or evidence that provides direct insight into a subject, such as court opinions, statutes, or legal contracts.

legal commentary: Legal commentary refers to expert analysis and interpretation of laws, cases, or legal issues often found in journals, articles, or textbooks.

case law: Case law consists of the written opinions of judges that interpret statutes and regulations, serving as a primary source of law within a legal system.