What is the difference between a primary legal resource and a secondary legal resource?

Answer

Legal materials are divided into two categories: primary and secondary.

Primary legal resources are the law itself and include:

  • constitutions, statutes, and codes (from the legislative branch of government)
  • cases (from the judicial branch)
  • administrative rules (from the administrative or executive branch)

These resources have primary--and sometimes binding--authority in court.

Secondary legal resources aid in understanding the law.  Secondary legal resources include:

  • law review articles
  • legal encyclopedias such as American Jurisprudence 2d
  • ALR articles
  • treatises
  • hornbooks 

These resources can be used to find relevant primary sources through the legal analysis presented as well as through references and footnotes.  They may have persuasive authority in court but never have primary authority.

Topics

  • Last Updated Mar 26, 2024
  • Views 3117
  • Answered By Kerry Louvier

FAQ Actions

Was this helpful? 6 1

Hello! We're here to help! Please log in to ask your question.

Log in
Ask Us!

Need an answer now? Search our FAQs!

How can I find my course textbook?

You can expect a prompt response, Monday through Friday, 8:00 AM-4:00 PM Central Time (by the next business day on weekends and holidays).

Questions may be answered by a Librarian, Learning Services Coordinator, Instructor, or Tutor. 

Fields marked with * are required.