In legal research, what is a secondary 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!

A secondary source is defined as material that provides commentary, analysis, or a summary of primary legal sources. Primary legal sources include legislations, case law, and regulations that create binding legal authority. Secondary sources, on the other hand, serve to interpret, explain, or provide context to that primary material. Examples of secondary sources include legal encyclopedias, law review articles, treatises, and legal commentaries. These sources are particularly useful for understanding the law and how it has been interpreted in various contexts, as well as for conducting more in-depth legal research without the need to sift through the primary documents directly.

In contrast, primary sources consist of actual laws and court opinions which are considered authoritative and binding. This distinction is crucial in legal research as secondary sources often guide practitioners in understanding and utilizing primary legal documents effectively.

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