Secondary Sources - A Brief Overview: Expedite Your Research!
Secondary Sources
Secondary Sources
Why should I use a secondary source?
- To get background information on a legal topic.
- To get references to primary sources and other secondary sources.
- To expedite your research - take advantage of research someone else (an expert) has done.
ALR (American Law Reports)
Why should I use ALR?
To find cases from many different jurisdictions on a very narrow topic. It allows you to see trends in case law across jurisdictions.
In paper format: ALR, ALR2d ALR3d, ALR4th, ALR5th, ALR6th, ALRFed, ALRFed2d— KF132 .A5 through KF132 .A47 (Federal Core – 2nd floor) with Index KF132.6 .A47 (Federal Core – 2nd floor).
Online:
- Westlaw: ALR (References to ALR also show up in ResultsPlus on Westlaw)
- Westlaw Campus (UB only)
- LEXIS: American Law Reports (ALR2d, ALR3d, ALR4th, ALR5th, ALR6th,ALRFED, ALRFed2d & L.Ed.2d)
Encyclopedias (there are others)
- American Jurisprudence (Am Jur) 2nd (Ref KF154 .A42) (Also on LEXIS, Westlaw (AMJUR), & Westlaw Campus)
- Corpus Juris Secundum (CJS) (KF154 .C56 1936 Print version cancelled. Available on Westlaw*
- New York Jurisprudence (NY Jur) 2nd (NY Alcove KFN5065 .N48) Also on Lexis, Westlaw (NYJUR), & Westlaw Campus )
- Gale Virtual Reference Library includes hundreds of encyclopedias, some law-related e.g., West's Encyclopedia of American Law
Restatements
Detailed summaries of the (common) law of the US published by the ALI (American Law Institute). Use the Online Catalog to find location of specific Restatements. E.g.,Online Catalog title search: RESTATEMENT and TORTS.
Also online: HeinOnline, Lexis, and Westlaw.
Treatises
What is a treatise?
-A one- or multiple-volume work on a particular legal area written by an expert. Excellent place to familiarize yourself with a subject and obtain references to primary sources.
e.g.. Prosser and Keeton on the Law of Torts KF1250.P7 1984
Nimmer on Copyright KF2991.5 .N5 1978
How can I identify a treatise on a particular topic?
--Use UB Law Library Legal Bibliographies (LibGuides)
--Legal Treatise Research Guides (then check YOUR library for specific titles)
--Georgetown Law Library Treatise Finders
-- Pace Law Library, Legal Treatises by Subject
-- Tarlton Law Library, Legal Treatises by Subject
-- Look at annotations in annotated codes (USCA, USCS, McKinney’s, CLS…)
-- Use a guide, e.g.:
Searching the Law 3rd ed. by Frank S. Bae et. al.( Ref Desk KF240 .S43 2005)
Searching the law: The States 4th 3d. by Francis R. Doyle (Ref Desk KF 240 D69 2003)
Legal Information Buyer’s Guide & Reference Manual by Kendall F. Svengalis (Ref Desk KF 1 L427)
Legal Looseleafs: Electronic and Print by Arlene L.E is (Ref Desk KF1 .L43)
--Search the Libraries' Catalog
NOTE: Full Text legal treatises available on LEXIS and Westlaw (for law students)can be located using the Libraries' Catalog---they appear as records in the Online Catalog (with links to the online version).
Pattern Jury Instructions
Why should I consult jury instructions?
-These instructions are useful for background research because each instruction is followed by a comment which explains the legal rules and any cases the rules originate from. The language tends to concisely describe the laws and rules in "plain English."
New York Pattern Jury Instructions– Civil (NY Alcove KFN6047.A65A83)
Criminal Jury Instructions, New York (NY Alcove KFN6171.A65C65 1979)
Federal Jury Practice and Instructions (KF8984 .D4 2006)
Periodical Indexes
(to identify law review and legal journal articles)
Why should I use a periodical index to locate articles when I can use the full text law reviews on LEXIS and Westlaw?
-Because you may locate articles you cannot find using the full text databases. There are a certain number of law reviews searchable on LEXIS and Westlaw in full text, and they are generally only from a recent time period. An index will allow you to search more publications from a broader period of time.
-Because the results could be more relevant. In an index usually all you are searching is author, title, name of journal, and subject headings, so if an article is retrieved it means your search terms were present in that small body of text (not merely in a footnote).
Two major Legal Periodical Indexes (there are others):
Index to Legal Periodicals and Books
- Index to Legal Periodicals (1926-1994)
- Index to Legal Periodicals and Books (1994-2006)
- Index to Legal Periodicals Retrospective (1918 - 1981)
- Index to Legal Periodicals and Books (1994-present)
Legal Trac
- In Print: known as Current Law Index (K33.C87) (WITHDRAWN from Collection)
- LegalTrac (1980-present)
- Westlaw: known as Legal Resource Index (1980-present)
- LEXIS: known as Legal Resource Index (No longer included in UB's contract)
How can I locate journals at UB? (once I have a citation to an article*):
- To find out if UB has access to a particular journal in full text ONLINE, type the name of the JOURNAL in “Electronic Journals”
- To find out if UB owns a particular journal in PAPER format, type the name of the JOURNAL (NOT the article title) in the Libraries' Catalog as a "Journal Title" search.
Online Catalogs
UB ONLINE CATALOG Use to find books and other materials in the University at Buffalo Libraries Collections & selected online sources.
- UB "Libraries' Catalog"
WorldCat - Use to find books and other materials held by thousands of libraries in the US and worldwide.
- WorldCat local (free; shows holdings of nearby libraries)
- FirstSearch WorldCat (precise searching)
- WorldCat Discovery ( "Googlized" searching)
What if UB doesn’t own the book I am looking for?
Order materials through InterLibrary Loan (Delivery+):
Allow a few weeks, though often materials arrive sooner.
Secondary Sources
Secondary Sources
Why should I use a secondary source?
- To get background information on a legal topic
- To get references to primary sources and other secondary sources
- To expedite your research - take advantage of the knowledge and expertise of an expert in the field
ALR (American Law Reports)
Why should I use ALR?
To find cases from many different jurisdictions on a very narrow topic. It allows you to see trends in case law across jurisdictions.
Available in print:
-
American Law Reports
Call Number: KF132 .A5 (Law Library Federal Core)Includes: ALR, ALR2d ALR3d, ALR4th, ALR5th, ALR6th, ALRFed, ALRFed2d.
See Index: KF132.6 .A47 (Federal Core – 2nd floor).
Available Online:
-
American Law Reports (Westlaw Campus Research)Click on "Secondary Sources," then "American Law Reports."
Encyclopedias
Available in print:
-
American Jurisprudence (Am Jur) 2nd
Call Number: KF154 .A42 (Law Library Reference) -
New York Jurisprudence (NY Jur) 2nd
Call Number: KFN5065 .N48 (Law Library NY Alcove)
Available online:
-
West's Encyclopedia of American LawShirelle Phelps and Jeffrey Lehman, eds. 2nd ed. Detroit: Gale, 2004.
-
Gale Virtual Reference LibraryIncludes hundreds of encyclopedias, some law-related...
Restatements
What are the Restatements?
Detailed summaries of the law of the United Stated published by the ALI (American Law Institute).
"Restatements are primarily addressed to courts and aim at clear formulations of common law and its statutory elements, and reflect the law as it presently stands or might appropriately be stated by a court." (from the American Law Institute (ALI) website)
Available in print:
-
Restatement of the law, second, contracts 2d
Call Number: F801 .R47 1981 (Law Library Reference) -
Restatement of the law, second, torts 2d
Call Number: KF1249 .A4 R485 1965 (Law Library Reference)
Available online:
Treatises
What is a treatise?
A one- or multiple-volume work on a particular legal area written by an expert. Excellent place to familiarize yourself with a subject and obtain references to primary sources. Two examples of treatises in print format in the Law Library:
-
Prosser and Keeton on the Law of Torts
Call Number: KF1250.P7 1984 (Law Library General Collection) -
Nimmer on copyright : a treatise on the law of literary, musical and artistic property, and the protection of ideas
Call Number: KF2991.5 .N5 1978 (Law Library General Collection)
How can I identify a treatise on a particular topic?
- Consult the Legal Research Guides (LibGuides) from the UB Law Library
- Check the annotations in annotated codes (e.g., USCA, USCS, McKinney’s, CLS…)
- Use a guide, e.g.:
Searching the Law 3rd ed. by Frank S. Bae et. al.
KF240 .S43 2005 (Law Library Reference Desk)
Searching the law: The States 4th 3d. by Francis R. Doyle
KF 240 D69 2003 (Law Library Reference Desk)
Legal Information Buyer’s Guide & Reference Manual by Kendall F. Svengalis
KF 1 L427 (Law Library Reference Desk)
Legal Looseleafs: Electronic and Print by Arlene L.Eis
KF1 .L43 (Law Library Reference Desk)
- Search the Libraries' Catalog
NOTE: Full Text legal treatises available on LEXIS and Westlaw (for law students) can be located using the Libraries' Catalog---each one has a record in the Online Catalog (with a link to the online version).
Treatises online:
-
Texts & Treatises on WestlawFilter the list for topic of interest
-
Treatises on LEXISScroll down and filter for topic of interest.
-
LexisNexis Digital LibraryLexis Nexis Digital Library provides access to selected primary federal law and New York law, as well as secondary sources such as treatises and legal study aids. More InfoFull-TextUB ONLY
Pattern Jury Instructions
Why should I consult jury instructions?
These instructions are useful for background research because each instruction is followed by a comment which explains the legal rules and any cases the rules originate from. The language tends to concisely describe the laws and rules in "plain English."
Available in print:
-
New York Pattern Jury Instructions– Civil
Call Number: KFN6047.A65A83 (Law Library NY Alcove) -
Criminal Jury Instructions, New York
Call Number: KFN6171.A65C65 1979 (Law Library NY Alcove) -
Federal Jury Practice and Instructions
Call Number: KF8984 .D4 2006 (Law Library General Collection)
-
trialdex jury instructionsDatabase of Federal and State Jury Instructions. Regularly updated.
Available online: