
The purpose of this video is to become acquainted with basic terminology associated with Secondary Authority. Also, it's a chance to get re-acquainted with terms associated with Primary Authority and how to locate cases using the digest. Because both Primary and Secondary Authority are so intertwined, it is important to understand their respective importance. Where Primary Authority is the law, we need Secondary Authority to put Primary Authority into context.
Where the legal dictionaries provide definitions for specific legal words as well as offer suggestions where to collect additional information, the legal encyclopedia offers insight and context on how those words might be applied in real life settings. This presentation introduces students to some of the resources classified as legal dictionaries and legal encyclopedias.
Where a legal encyclopedia offers a little bit about everything, the legal treatise provides broad coverage on a single topic. Legal treatises examines every single possible nuance on a particular topic until the student is thoroughly exposed to all that can be covered on that single topic or concept. Bottom line, if you only want to explore one topic, a treatise is what you're wanting to use.
Find the law is one thing. Creating legal documents relating to the cases and states is another matter entirely. While not technically a legal term, I use the term "practical aids" to refer to those resources which help in the production of legal documents. Whether you are writing a demand letter, drafting a complaint, compiling discovery requests, or even responding to a complaint/discovery, practical aids can help to litigate a case.
One of the most asked for resource by pro se litigants (people who represent themselves) are the specific legal forms they need to file with the court. Because judges won't do anything without paper (or a piece of paper) in front of them, forms are useful to, at least, get the litigation process started. There are forms that cover everything from pre-trial documents to post-trial appellate matters; from civil cases to all things criminal; from simple small claims to complex class actions. Forms are what help grease the litigation engine and knowing which secondary authority resource contains the specific form you need for your case is just the first step in securing your rights as a litigator.
Since a significant component of legal research is to avoid time-wasting research methods, it behooves the student of legal research to understand why the general index at the end of any resource is the single biggest waster of time. As such, the purpose of this presentation is to reinforce how to use the Table of Cases and Table of Statutes when navigating through and using secondary authorities.
Finding the "law" (i.e. cases, statutes, constitutions, regulations) related to your case is one thing. I mean, anyone can find free statutes online on any state website. Google Scholar is full of case law from most every jurisdiction in the United States. The problem that people run into is knowing how to use the law they've found and knowing in what context the law might be applied in their case.
This is where secondary authorities come in. Secondary Authorities, are those resources that help people understand the law and how it might be applied. Secondary Authorities are "secondary" because they are not weighted as heavily as primary authorities (i.e. they are not the law and should not be cited in legal documents). The reason people even use secondary authorities is to help provide context for the law (i.e. cases, codes, regulations) they've found. They tell you how the law can be used in your case just by moving the facts around.
In this program, students will be exposed to a variety of secondary authorities. Students will also learn how to navigate these secondary authorities, and why they might be useful to you and in what context they might be useful. Designed as a beginning course, it is also helpful for the seasoned litigant as a refresher course to help jiggle latent brain cells offering suggestions on other resources that can be useful.