What are the two basic types of legal research?

The identification of primary and secondary legal research as the two basic types is foundational in understanding how legal information is categorized and utilized.

Primary legal research refers to the process of finding authoritative legal sources that establish the law itself. This includes constitutions, statutes, regulations, and case law, which are binding and must be relied upon in legal arguments and decisions. Engaging in primary legal research allows for an accurate understanding of legal principles and rules as they exist at the time of inquiry.

Secondary legal research, on the other hand, involves sources that interpret, analyze, or comment on the law but are not legally binding. These include legal encyclopedias, treatises, law review articles, and legal commentaries. Secondary sources are valuable for gaining insights into how to apply the law and for finding leading cases or relevant statutes that may be pertinent to a particular issue.

Recognizing the distinction between these two types of research highlights the methodology in legal practice, where primary sources provide the legal foundations, while secondary sources offer context and analysis, both of which are essential for effective legal reasoning and argumentation.