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In this lesson, you will learn the types of legal sources, and how each compares to the others. You will also have step-by-step tips for using the legal research tool on Courtroom5 with a relatable example.
Overview of Legal Sources
- Types of legal sources
- Primary sources: Statutes, rules, codes, etc.
- Primary sources: Appellate cases
- Secondary sources
- Start to search
- Searching for statutes
- Edit keywords
- Searching for cases on Courtroom5
Transcript
There are two main types of legal sources, primary, and secondary.
Cases, statutes, rules, and codes are primary sources. Dictionaries, encyclopedias, reports, law reviews, and guides are examples secondary sources.
Statutes, rules, and codes provide authority for your arguments and support for a claim or defense. They tell the judge what the law is. In motions and pleadings, you must use primary sources.
Like statutes, appellate cases provide authority for arguments. But they do so in the context of real-life situations.
Judges have a chance to interpret and apply the law to those real life situations and suggest solutions to any conflicts in a law.
If you know nothing about the issues in your case, encyclopedias, dictionaries, and guides, can help you understand them enough to develop keywords.
You can also use them to find background information on topics or as supplemental information in an exhibit or footnote.
Secondary sources are also good for understanding how to do something, like cite cases or define a legal term.
Secondary sources are neither authoritative nor binding. That means the judge doesn\’t have to follow them. Secondary sources are also not mandatory.
When searching legal sources, first determine where to search, then use your keywords to find statutes and cases relevant to the questions.
Update the keywords when you have new information.
Preston and Merrill begin their searches on Courtroom5 with the Laws feature. From here, they will use the Search Statutes tab to find statutes or the Search Rules tab to find rules of civil procedure.
When you find a statute that is relevant to your case and set a fax included in your keywords, this will help when you search for cases with that statute in it.
When searching for cases on Courtroom5, visit the Laws feature and click the Search Cases tab. Then select your jurisdiction and type your keywords.