Secondary Sources

1. Restatements of the Law

From Harvard Law School:
Restatements are highly regarded distillations of common law. They are prepared by the American
Law Institute (ALI), a prestigious organization comprising judges, professors, and lawyers. The ALI's
aim is to distill the "black letter law" from cases to indicate trends in common law, and occasionally to
recommend what a rule of law should be. In essence, they restate existing common law into a series
of principles or rules.
Restatements cover broad topics, such as Contracts or Property. They are organized into chapters,
titles, and sections. Sections contain a concisely stated rule of law, comments to clarify the rule,
hypothetical examples, explanation of purpose, as well as exceptions to the rule.
Restatements are not primary law. Due to the prestige of the ALI and its painstaking drafting process,
however, they are considered persuasive authority by many courts. The most heavily cited
Restatements are the Restatement of Torts and the Restatement of Contracts.
From Tarlton Law Library:
Restatements are secondary sources that seek to restate the legal rules that constitute the
common law in a particular area into a series of principles or rules. They are prepared by the
American Legal Institute (ALI), an organization formed in 1923 consisting of prominent judges,
lawyers and teachers. The ALI's purpose is to distill the black letter law from cases, to indicate a
trend in common law and, occasionally, to recommend what a rule of law should be.
There are restatements on a number of subject areas, including Agency, Conflict of Laws, Contracts,
Property and Torts. A complete list of the restatements is available at the "Current Restatements" tab.
Each restated subject area is divided into numbered chapters and subdivided into topics and sections.
All restatements go through a number of drafts before they are finalized. You may see references to
preliminary drafts, multiple tentative drafts and proposed official drafts before the final form of a
restatement is published. To date, there are three series of restatements in some subjects. Some
subjects have a third series with no first or second series (e.g., Restatement (Third) of the Law
Governing Lawyers). The issuance of a second or third series of the Restatement does not repeal or
otherwise affect an earlier version of the Restatement that has been adopted by a court or
legislature.
From Kent Law:
Restatements are secondary sources that seek to "restate" the legal rules that constitute the
common law in a particular area. They are written by the American Law Institute (ALI), a prestigious
legal organization composed of noted professors, judges and lawyers. The ALI has completed
Restatements in 15 areas of law including Torts, Contracts, Property, Conflict of Laws, Foreign
Relations Law, and Products Liability.
In drafting a Restatement, the ALI divides the law analytically into hundreds of key legal issues or
situations and then writes a rule of law governing that issue or situation, based on the rule preferred
by the majority of states (or in some instances, the rule preferred by the drafting committee). Each
rule is given a section number and is follow by "Comments" which explain the rule and the reasons
for its adoption. Sometimes the Comments are followed by "Illustrations," which show how the rule
would apply in specific fact situations. Finally, most Restatement provisions conclude with "Reporters
Notes," which give the history of the provision and cite to the authority from which the rule is derived.
Restatements are one of the most highly regarded types of secondary authority and have exerted
considerable influence on the judicial process. Many courts have adopted Restatement sections
verbatim as the law of their jurisdiction. Moreover, many law professors rely on Restatements in their
courses as the definitive source of "black letter" law.

Restatements can be very useful in situations where the law in the jurisdiction you are researching is
unclear or non-existent. In such a situation, you can rely on the Restatement to provide a clearly
articulated rule that is most likely the one adopted by a majority of jurisdictions. Alternatively, where
the jurisdiction whose law you are researching has adopted a Restatement section (or cited it with
approval), you can use the comments and illustrations to that section to interpret and apply the legal
rule. In addition, because Restatements are heavily annotated with case citations, they can be an
excellent case-finding tool.
Most of the Restatements are published in both a first and a second series. And several Restatement
topics, such as Product Liability and Foreign Relations Law, are now published in a third series. The
later series of a Restatement does not technically repeal the earlier series because some states have
adopted a variety of Restatement sections from different series. Thus, you may still need to consult
an earlier series of a Restatement in order to interpret a case that has adopted a section from that
Restatement. On the other hand, if you are using the Restatement to fill a gap in the law of the
jurisdiction whose law you are researching, it makes sense to consult the most recent series.
Each Restatement consists of a set of topical volumes, which contain the actual legal rules and
drafters' commentary, and a set of Appendix volumes, which contain summaries of cases which have
adopted or interpreted the Restatement rules.
2. Looseleaf Services
From Georgetown Law Library:
A looseleaf service is a popular type of legal resource which brings together a variety of types of
information concerning a particular topic or area of law. A looseleaf service is so called because it is
made up of pages or pamphlets filed in looseleaf binders, often a multi-volume set. This format allows
current information to be easily added to the existing materials. The ease of updating the binders
allows supplementation to be added frequently, even weekly in some cases. Most looseleafs are now
available online.
There are two major reasons to use a looseleaf service. The first is for the convenience of finding in
one place various types of materials concerning an area of law. Primary and secondary materials,
statutes and regulations, administrative and judicial decisions are all often found in a single looseleaf
service (or database), such as the Standard Federal Tax Reporter.
The second major reason is currency. Most looseleaf services are updated frequently, sometimes as
often as every week. Thus, they are a good source of up-to-date information in a particular area of law.
Looseleafs are also common in practice areas in which both administrative and statutory law, as well
as judicial opinions are important, for example, environmental law, labor law, tax law, and securities
law.
Looseleaf services may be organized in one of two ways: interfiled or newsletter-style.
An interfiled looseleaf service is especially helpful because it brings together in one place current
information on a particular topic. In an interfiled service, individual pages in the binder can be
removed and replaced, so changes in the law can be incorporated into the text in a sort of "cut and
paste" fashion. This eliminates the need to consult a pocket part or supplement. Interfiled looseleafs
are indexed thoroughly to make it easy for the user to find current information on his or her topic
quickly. Most looseleafs published by Commerce Clearing House (CCH) are interfiled looseleaf
services. These are now part of the CCH Intelliconnect database.
A newsletter-style looseleaf is issued as one or more topical newsletters each week or month. These
newsletters are often circulated to interested attorneys in the firm or other organizations to help them
keep abreast of new developments. Library staff then file the newsletters in a binder for reference.
Usually, there will be a cumulative index to the series of newsletters.
The advantage of this type of looseleaf service is that the most recent developments are summarized
in each issue of the newsletter, which may be conveniently browsed by the attorney on a regular
basis. Most services published by the Bureau of National Affairs (BNA) are newsletter-style.

From Bloomberg BNA:

Looseleaf services are publications that bring together and analyze cases, statutes, regulations, and
other bodies of law in one comprehensive service either as a multi-volume print set or as an
electronic database.
Looseleaf services are written by legal editors at publishing companies or by professional
practitioners hired to write and edit material. These services synthesize the law, offer ways for users
to locate information in the body of law, and offer one-stop shopping for legal authorities in specific
subject areas. Looseleaf services in print are often called manuals, guides, or portfolios; on the web
they are usually called libraries or Resource Centers.
Traditionally, looseleaf services were print services whose pages were replaced or added to at regular
intervals to remain current. Examples of these multi-volume services include BNAs Labor Relations
ReporterTM and Tax Management Portfolio SeriesTM. These services are now available on the web
and include BNAs Labor & Employment Law Resource CenterTM and the Tax and Accounting
CenterTM.
Looseleaf services include both primary and secondary sources of law. They combine valuable analysis
and summaries of the law and provide citations, links, and text of cases, statutes, and agency rulings.
Looseleaf services save time! These publications offer overviews of the law and detailed information
on how court cases, statutes, regulations, and agency rulings define and interpret the law. They
include background information, summarize the most relevant primary sources, and offer citations or
electronic links to the full text of the primary sources of law. They are written by experts in the field.
Publishers add unique finding aids to help you locate information you need in a looseleaf service.
Much of law school focuses on analyzing the law by reading cases. Looseleaf services, on the other
hand, tell you directly what the law in an area is, what provisions apply, and how courts and agencies
have ruled. Often, they answer the legal question you are researching and provide a citation to the
key case or regulation.
Use looseleaf publications to:
a. Read background information on an area of law. Find out if an issue is governed by case law, a
federal statute, state law, or other authorities. This is particularly helpful if you know little about
an area.
b. Locate citations to key authorities. Looseleaf publications cite relevant cases, federal and state
statutes, and regulations in a legal area. Most offer legal citations in the text, in footnotes, or in
bibliographies. You can then review these primary sources in a case reporter or the relevant code.
A full-text search in a case-only database does not distinguish between cases that are relevant to
the issue at hand, and those in which the issue is mentioned only in passing. Looseleaf services
capitalize on the knowledge of experts to provide users with rich sources of legal authority.
c. Refine the legal question. Using a looseleaf service helps you narrow the scope of your research
by allowing you to define your issue more clearly.
d. Verify that you are using the most current legal authorities. Books and hardbound treatises
without supplementation are out of date from the moment they are published because of the
dynamic nature of the law. Looseleaf services are updated monthly, weekly, or even daily.
e. Get direct answers to your legal question. Often, the analysis of the law in a looseleaf service is on
point to your issue or lists the legal exceptions that may apply.
3. Legal Encyclopedias
From Georgetown Law Library:
A legal encyclopedia is a comprehensive set of brief articles on legal topics. It is arranged similarly to
a general encyclopedia, such as Encyclopedia Britannica, with topical articles arranged in
alphabetical order. In the final volume(s) of most legal encyclopedias is an index. The two most
popular general legal encyclopedias are Corpus Juris Secundum (C.J.S.), and American
Jurisprudence, 2d (Am.Jur.). In addition, there are numerous state legal encyclopedias, as well as
encyclopedias with a more narrow focus, such as American Jurisprudence Trials.

There are two primary uses for legal encyclopedias. First, the articles can be quite useful as a general
introduction to an area of law which is new to you. They provide more in-depth information than a
legal dictionary, while being nearly as accessible and easy to use. Second, encyclopedias are a way to
find citations to cases and other useful materials on a particular issue. These two uses make the
encyclopedias a very good place to begin major research, whether for an academic paper or a legal
memorandum. However, the legal encyclopedias are not intended to be used as authoritative sources
on the law in any area, and thus are not cited in briefs, memoranda, or scholarly papers.
Using a legal encyclopedia is straightforward: look up your topic in the index volumes at the end of
the set, identify the section or sections where your topic is discussed, turn to the volume containing
those sections, and read them. At the beginning of each major topic, you will find two outlines of what
is covered in the article: first a broad general outline, and second a very detailed outline. These
outlines may be useful for placing your specific topic in context. At the beginning of each entry you
will also find a note on "scope," indicating what will be covered in the article, and what will be treated
elsewhere. This is worth reading, to be sure your particular issue is not covered better in a separate
article. Following these preliminary materials is the text of the topical discussion. The articles and
footnotes are updated in pocket parts found in each volume. In addition to these standard features,
each encyclopedia has its own unique features. Because of these differences, you may begin to prefer
one encyclopedia over the other in certain circumstances. However, when beginning major research,
it is a good idea to consider using both.
From Loyola University Chicago:
Legal encyclopedias are secondary sources which provide a general overview of almost every legal
subject. The two major sets of legal encyclopedias are American Jurisprudence 2d (aka "AmJur") and
Corpus Juris Secundum (aka "CJS"). Both sets contain over 100 volumes, arranged alphabetically by
topic, and both include a general index (also comprising several volumes) for the entire set, which you
can find after the last volume. As with other secondary sources, legal encyclopedias summarize the
law rather than provide the law itself.
Legal encyclopedia articles can be very useful if you are beginning to research an unfamiliar area of
the law - they are a great source for finding a brief review of the law and some the key terminology in
the area, which can in turn help you create better online keyword searches. In addition, like any
other secondary source, they contain copious references and citations to primary source materials.
However, legal encyclopedias are not intended to be authoritative sources of the law; therefore they
generally should not be cited in court documents or in scholarly articles.
When using a print legal encyclopedia, it is best to start by searching for your terms in the index
volumes (at the end of the set) rather than in the main volumes. This is an important step because
the main volumes are arranged alphabetically by major topic (e.g. in both AmJur and CJS, the subject
"Miranda Warnings" is covered under the topic "Criminal Law"). You should also be prepared to think
of alternate terms (e.g. "physicians" instead of "doctors"). Once you find the topic in the index, it will
refer you to a topic and section number where you can find the text of the article (e.g. CrimLaw
914). Next, look on the spines of the volumes to see which one contains the section you are looking
for. Keep in mind that Westlaw provides an online index for both AmJur and CJS (located at the right
side of the screen under "Tools and Resources"), which means you are not limited to keyword
searching in their legal encyclopedias.
Once you find the volume that contains your article, you will note that it includes a brief explanatory
paragraph summarizing the law with footnotes that cite to primary sources (mostly cases) that
support the statements of law. Also, note that at the beginning of each major topic (before the
articles) you will find a complete outline of the topic (sometimes it helps to browse this outline to find
the most helpful article and to place your sub-topic into a broader context), as well as the scope of
the topic (i.e. what the topic covers and does not cover) and subjects that are treated elsewhere
(cross-references to other related topics not within the scope of the selected topic).
After reading the article, it is important that you update your research. Usually, the main volume will
contain a pocket part (a pamphlet inserted into a pocket in the back of the volume). Consult this
pocket part to find the newest materials related to your topic, using the same topic and section
number you searched in the main volume - note that if your section number is not listed, there are no

updates. Occasionally, there is too much material for a packet part to fit inside the main volume. In
that case, you will find updates in a soft-bound supplement shelved next to the main volume, but the
technique for finding updates is the same. You can also use the online versions of the encyclopedia in
Lexis or Westlaw to ensure that your updating is complete.
The two major legal encyclopedia sets are substantially similar. They are structured the essentially
the same format, and since both are published by West publishing they include references to Topics
and Key Numbers from the West Digest System. In addition, both contain references to relevant
American Law Reports annotations and to other secondary sources. A couple of points of comparison:
a. CJS claims to be comprehensive in its case citations, while AmJur only cites selected cases.
b. AmJur includes more of an emphasis on federal statutory citations than CJS. However, each
volume in both sets includes a "Table of Laws and Rules" which lists citations to articles discussing
U.S. statutory and constitutional sections, federal regulations, and model rules.
4. Hornbooks
From The University of Chicago Law Library:
Hornbooks are one-volume treatises written primarily for law students on subjects typically covered
by law school courses. Unlike casebooks, which are collections of cases (or parts of cases) chosen to
help illustrate and stimulate discussion about legal issues, hornbooks attempt to summarize and
explain the law in a specific area. Perhaps the best-known hornbooks are those published by West in
"West's Hornbook Series," which are easily identifiable by their distinctive green bindings and include
titles such as Civil Procedure by Professors Friedenthal, Kane and Miller, and Uniform Commercial
Code by Professors White and Summers.
Study supplements such as West's Nutshell Series and Black Letter Series, and Aspen Publisher's
Examples and Explanations Series, also try to explain the law in a much more straightforward
manner than casebooks. Study supplements, though, are written in a less scholarly manner than
hornbooks and tend to focus on the basic issues without providing detailed analysis. For example,
hornbooks are often heavily footnoted, whereas many supplements do not contain any footnotes at all.
Neither hornbooks nor supplements are intended to serve as substitutes for casebooks, but many
students find these resources helpful in learning the fundamentals, which, in turn, makes it easier to
understand the more complex questions discussed in class and presented on law school exams.
Whether to consult a hornbook or a study supplement and, if so, which one, will depend on the
individual's particular needs, tastes, and circumstances. No title is perfect for every situation. You will
probably want to experiment with a variety of hornbooks and supplements in order to find the ones
that work best for you.
Set forth above and arranged by subject are some hornbooks and study supplements that you may
find useful in your studies. All of these books are located in the D'Angelo Law Library Reserve Room,
and earlier editions of some titles may be available in the stacks under the same call number.
5. Practice Manuals
From Northwestern Law:
"Practice guides" are related to treatises. They might even be considered a type of treatise, but are
more geared to helping practitioners handle certain tasks. While a treatise might describe the
elements of a legal claim, a practice guide might assist in drafting a complaint based on that claim or
drafting a contract that avoids raising that claim. Some practice guides are one-stop-shopping
materials that describe legal principles and go on to provide checklists or forms. In the case of looseleaf services, you can often find statutes, regulations, cases, and practice pointers in one place. This
guide includes a number of related practitioner materials, including treatises, continuing legal
education materials, form books, and loose-leaf services.
6. Form-books
From Duke Law:

Law students who are just beginning to draft a document often turn to forms to identify the language
that will accomplish their goals. Experienced attorneys use forms as checklists, to ensure they have
not overlooked any possibilities. In the case of "boilerplate" contracts (contracts using standardized
language), the use of forms saves the drafter's time. In some areas, such as bankruptcy and patent
practice, the use of certain forms is required by law. Also, many non-lawyers use form books for help
with writing a lease, a will, or a contract.
The sources for forms in the library can be divided into the following categories:
a. General forms
b. Forms for particular subjects or proceedings
c. Forms for particular geographic jurisdictions
d. Combinations of types 2 and 3
Books containing general forms are often arranged as encyclopedias, with an alphabetical
arrangement of the subjects and forms. Multi-volume sets and abridged sets are available. Most have
a topical index to aid in finding the appropriate forms.
General forms can be categorized as legal forms or pleading and practice forms. Legal forms
address substantive matters, such as forms for contracts, wills, and leases. Pleading and practice
forms provide language used in pleadings and motions filed with a court in litigation. These supply
language for complaints, answers, motions to dismiss, and other motions.
American Jurisprudence Legal Forms, 2d ed. (Practice & Procedure KF170.A542 & online in
Westlaw) is a multi-volume set owned by West. It uses an encyclopedic arrangement and is
supplemented by annual pocket parts. It provides brief tax analysis for many forms and there are
cross references to American Jurisprudence 2d and annotations in American Law Reports.
West's Legal Forms, rev. 2d, 3d, 4th, v 5th eds. (Practice & Procedure KF170.W47 & online in
Westlaw) is a multi-volume set arranged alphabetically by major types of forms, rather than as a
straightforward encyclopedia. For example, business organizations is the first major topic and
comprises forms relating to corporations and partnerships. This set also supplies a brief tax analysis
for many of its forms.
Current Legal Forms with Tax Analysis (KF170.R33 & online in LexisNexis), published by Matthew
Bender, is also commonly known as Rabkin & Johnson after its authors. Like many other Matthew
Bender publications, the set is housed in looseleaf binders. It provides extensive discussion of the use
of the forms and of the topics to which the forms relate. The set is organized by broad topics. NOTE:
the Law Library no longer receives printed updates of this title, although the older forms may still be
useful as a starting point. Current members of the Duke Law community may access more recent
versions of Current Legal Forms with Tax Analysis on LexisNexis.
Cyclopedia of Legal Forms Annotatedby Clark Nichols (Practice & Procedure KF170.N54 & online
in Westlaw) is published by West. The set was first published in 1925, and has undergone several
revisions. One advantage it has over Wests Legal Forms is the presentation of forms from various
jurisdictions. For example, the chapter on acknowledgments gives the statutory forms of
acknowledgment from all of the states. Nichols uses the encyclopedic arrangement.
Other general form books can be found by searching the Duke University Libraries catalog, with a
"subject keyword" search for "FORMS LAW." The search can be limited geographically, e.g.,
"FORMS LAW UNITED STATES" or "FORMS LAW NORTH CAROLINA."
Forms can also be found online, by subject, or by jurisdiction.
From University of Minnesota Law School:
Law students and lawyers often use sample or model forms when creating documents. There are two
main categories of forms. The first category is instruments. Instruments are used in transactions such
as contracts, estates and trusts, and real property. The second category is pleadings, which are filed
with the court (see also the pathfinder for trial practice which includes a section on pleadings).
Formbooks can cover the entire span of the law or they can be geared towards a specific area. Here
are a few helpful hints about forms:

a. Sample forms are just that -- samples. Many must be refined to meet your particular needs and
wants. Find forms in multiple sources and compare them. Then incorporate the best aspects into
your own form.
b. Court forms that are specific to a jurisdiction are often available at the local law libraries. This is
especially true for the different counties; therefore ask the county law librarian about court forms.
Some local courts, such as Hennepin County District Court, make many forms available on their
websites.
c. Other court forms can be found on the web. The website for the Minnesota Judicial Branch
includes a section with links to court forms on a variety of topics. Individual federal courts
sometimes have some forms available on their website.
d. Law firms and offices normally have in-house databases of forms. If you are working, check those
databases for forms you might use.
Some formbooks include annotations, checklists, and citations to cases in which the forms were
used.
7. Annotations
From Harvard Law School:
American Law Reports (frequently abbreviated and referred to as ALR) contains in-depth articles on
narrow topics of the law. ALR articles, called annotations, provide background, analysis, and citations
to relevant cases, statutes, law review articles, and other annotations.
ALR is published in series:
a. two series under its original title Lawyers Reports Annotated
b. eight ALR series, one through six
c. two federal series
ALR annotations are not jurisdiction specific. Each annotation contains a Table of Jurisdictions to help
you find relevant cases within specific states. In the federal series, the Table of Jurisdictions directs
you to cases by circuit.
All ALR series continue to be updated, though not on a regular schedule. When using the set in print,
always check the pocket parts for updates. ALR is also available in both Lexis and Westlaw, and the
electronic versions incorporate updates into the text. ALR annotations can also be completely
superceded by more recent annotations. Electronic versions will provide referrals to the superceding
annotations, but in print, you should check the History Table at the end of the ALR Index to verify that
your annotation has not been superceded.
Find relevant annotations by using the print indices or searching the ALR databases in Lexis or
Westlaw. When using ALR electronically, it is most efficient to look for your terms in the titles of the
annotations, since their titles are specific, and reflect their contents.
From Tarlton Law Library:
American Law Reports (ALR) is mainly used for its annotations, which provide a cross-jurisdictional
survey of case law on selected topics. (The word "Reports" is in the title as it publishes selected
cases in addition to annotations.) In surveying case law, ALR annotations are akin to another type of
legal research resource, 50 state surveys of statutes and regulations.
An ALR annotation tends to cover topics where there are disagreements between the courts of
different jurisdictions and compiles varied judicial decisions from around the country on a specific
issue. An annotation can help to summarize the evolution of a specific legal topic.
Annotations differ from legal encyclopedias and treatises in their narrowness of focus. Because it is
not a comprehensive resource, there often is not an ALR annotation on point for a specific issue. In
that sense, ALR annotations are more like law reviews. However, ALR annotations are more practical
than law reviews in that, for the topics they do cover, each annotation takes a utilitarian approach to
laying out its analysis and is mainly a tool for researching case law.