Legal Research Guide: Secondary Sources

• Where to begin

Although volumes are arranged alphabetically by subject, it is best to begin your search in the indexes located at the end of the sets. This is because while the volumes are arranged topically, some legal topics will be covered under a broader MAJOR headings rather than narrower topics.  For example, the term "sentencing" appears under the topic "criminal law" in Am.Jur., not under "sentencing. in the alphabetical volumes  Therefore, to find information on sentencing, you would need to locate the volume containing the topic "criminal law" then find "sentencing" within it.

"Man Looking at Signs" by Notas de presenta is licensed under CC BY-SA 2.5

•  Synonymous/related terms

When searching within the indexes, be sure to consider synonymous and related terms.  Lawyer/attorney, doctor/physician, automobile/vehicle are examples of synonymous terms.  But also be prepared to consider related terms such as pretrial release when researching bail issues, or post-conviction remedies for criminal appellate procedure.

• Locating Entries

Once you have located your topic within the index, you will see that the index gives you a topic (sometimes subtopic(s))  and a section number where you can find your article.  Example: Damages/Compensatory Damages/Measure and Elements in Breach-of-Contract Cases §50 Causal relationship between breach and damages.  Look on the spine to see which volume your entry is in.  In this case volume 25 of C.J.S. contains Damages §§1 to 191, so §50 will be located there.  In Am.Jur. in Westlaw, you will find a list of the broad topical heading.  Upon choosing a topic, you will see an outline of subtopics and section numbers.  This same outline is located at the beginning of each major topic in the bound volumes and can serve to place subtopics in context.

• Reading entries

After you have chosen the appropriate volume, you will see each article contains a brief summarization of the law followed by footnotes citing primary sources supporting the summarization. 

• Checking for updates

Given the fact that the law is in a constant state of evolution, it is extremely important that you do not rely exclusively on citations you find in the bound version of legal encyclopedias.  When using bound volumes, begin by checking the accompanying pocket part for updates.  A pocket part is pamphlet inserted into the back pocket of the book. If your section number is not listed, there have been no updates made since the original publication of the volume. Occasionally pocket parts are too voluminous to fit within the bound volume. When this is the case, updates are printed in paperback supplements which are shelved immediately to the right to the bound volume.  Online versions of the encyclopedias are continually updated eliminating the need to consult additional materials.

Since the information you find in a legal encyclopedia is not law, you typically will not be citing to those in support of a legal argument. However, in those cases where citation to a legal encyclopedia is necessary, The Bluebook: A Uniform System of Citation, 20th ed., provides the following format:

17 Am.Jur.2d Contracts § 74 (1964).

88 C.J.S. Trial § 192 (1955).

In the first example, 17 refers to the volume number, Am.Jur.2d is American Jurisprudence, second series, Contracts is the major heading, § 74 (section 74) is the subsection, and (1964) is the publication year for the bound volume.

Searching by Subject

• Begin by consulting the index volumes. If you are searching specifically for federal cases, use the A.L.R. Federal Quick Index. REF KF132 .A473.  If you are interested in state cases, search in the combined state and federal A.L.R. Index. (REF KF132.6 .I53) or the A.L.R. Quick Index (REF KF132.6 .A544). The A.L.R. Index is a comprehensive multi-volume hardbound index covering the complete series.  The Quick Indexes (one-volume softbound indexes) contains only the most recent recent series in each set (3d -7d for state and 2d -3d for federal).  
• Look up your topic by descriptive term.  As with other indexes, you should always be prepared to utilize synonymous terms when searching (doctors/physicians, vehicles/automobiles, attorneys/lawyers), 
• When you have found your topic, you will see that the index refers you to a volume and a page number within the series volumes.  This is where the annotation begins. Example: 35 A.L.R. Fed. 2d 143 indicates that the annotation is located in volume 35 of the A.L.R. Federal 2d series and on page 143 of the volume.
• The annotation will generally begin with an overview of the topic and a key primary case citation.  Following this is an article outline and table of cases organized by jurisdictions which have cited the primary authority. The annotation will then narratively cover the law on the topic while providing additional citations.
• Be sure to check the pocket part or accompanying soft bound volume shelved next to the volume for important updates. To see if there are any updates, use the same topic and section number that you searched in the main volume. 

Searching by Case Name

• If you have already located a case that you wish to do additional research about, you can also search within the Table of Cases to see if there has been an annotation written about it. 
• If your case is federal, you can search in the A.L.R. Federal Table of Cases (REF KF132 .A473).  State cases can be be searched in for the A.L.R. Table of Cases  (REF KF132 .A5799)

Since the information you find in an annotation is not law, you will typically not cite them in support of a legal argument.  However, in those cases where citation is necessary, Rule 16 of The Bluebook: A Uniform System of Citation, 20th ed., provides the following format:

William B. Johnson, Annotation, Use of Plea Bargain or Grant of Immunity as Improper Vouching for Credibility of Witness in Federal Cases, 76 A.L.R. Fed. 409 (1986).

Select a digest

• If you wish to search only within the state of Texas,  begin your search with Texas Digest 2d.  If you wish to search federal and state courts from all jurisdictions, you can either use West's General Digest or the Decennial Digests.

Choose the appropriate date range

• Digest dates are important.  The Texas Digest contains cases from 1886 to present. The General and Decennial Digests however, contain date ranges. The most recent cases will be found in West's General Digest, Fifteenth Series and the Twelfth Decennial Digest.  Earlier editions will cover earlier dates.

Use the Descriptive Word Indexes

• The Descriptive Word Index is typically located either in the first or last volumes of the digest.  Using the index will lead you to a topic and West Key Number (make sure you check the pocket parts at the end of each volume for any updates if applicable).

Pull the Appropriate Volumes from the Shelf

• Select all of the volumes containing your topic and key number including pocket parts or bound supplements.
• Turn to your topic and key number within teh volume. 
• You will see abstract paragraphs of cases related to the point of law you are researching.
• Immediately the paragraph, you will see two citations. Once citation is to the regional reporter and the other to the state reporter (if the state has a state reporter).

Use Retrieved Citations to locate the cases within bound reporters or on Westlaw.

Law Reviews Available in Print

The library has several law reviews in print.  Click on links for holdings information.

Law Reviews Available Online

There are several options for finding full text law review articles online:

How to use Legal Dictionaries:

Legal dictionaries function essentially like traditional dictionaries. Provided you have the correct spelling of the word you are trying to define, the process is as easy as using a standard dictionary.  Please note however, that like all secondary sources, definitions found in legal definitions are not authoritative or official statements of law.

Citing Legal Dictionaries:

Rather than cite to a legal dictionary, it is always best to cite to the primary authority providing a definition.  However, when necessary Rule 15 of The Bluebook: A Uniform System of Citation, 20th ed. provides the following dictionary citation example:

Black's Law Dictionary 712 (9th ed. 2009).

This citation indicates that noted definition begins on page 712 of the volume.

There are also other types reference sources that can help you when beginning your research. These include dictionaries of legal usage and legal thesauri. Below are a list of examples from NGL's collection as well as a description of each.