In legal research, what is meant by "primary source"?

Study for the Legal Research and Writing Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In legal research, a primary source refers to original legal materials that establish the law, specifically statutes, regulations, constitutions, and case law. These documents are created by governmental authorities and have a direct role in the legal system. For instance, case law derives from judicial opinions that interpret and apply statutes, while statutes are laws enacted by legislative bodies. Primary sources are crucial for legal practitioners because they provide the authoritative basis for legal arguments and decisions, making them indispensable for understanding the law as it currently stands.

The other choices represent secondary sources or commentary. Legal commentaries and research articles analyze, critique, or summarize the law but do not originate the law itself, which is why they do not qualify as primary sources. Guides that summarize legal processes provide helpful context and practical information but do not constitute original legal materials either. Therefore, the identification of primary sources as original legal materials is essential for effective legal research and writing.

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