The University of Houston Libraries have a very helpful video about the difference between primary and secondary sources.
Watch the video below to learn more:
Q: What are primary sources for legal writing?
A: Primary sources are the actual law, like in constitutions, court cases, statutes, and administrative rules and regulations.
Most likely, you will find primary source material from sources like local government websites, NexisUni, and Westlaw.
Q: How do I know what type of source I have?
A: This is where you will need to think critically about your source. Most of the time, primary sources will not have a reference page or many citations because a primary source is an original document (e.g. the U.S. Constitution). This isn't to say that a primary source won't have citations, but it isn't as likely.
A secondary source is something created about something else. These sources will have citations and refer back to other sources, including primary sources (e.g. a scholarly journal about the U.S. Constitution).
Take a look at the Explore! section of A Research IDEA to learn more: Explore!
Q: I'm researching a Supreme Court Case. Is it a primary source? It's split into different parts-- how do I read it?
A: A Supreme Court Case is considered a primary source. It is often published in case reporters. You may see a court case split into several parts, including the syllabus or headnote, opinion, concurrence, and dissent.
The University of California Hastings Law Library has a useful guide describing various documents.
Click here to view the guide: UC Hastings Law Library
The Oregon State Government also has a link to a pdf from an article in Insights on Law & Society, published by the American Bar Association. In this pdf published in 2012, it offers a brief explanation on how to read a U.S. Supreme Court Opinion.
Click here to view the pdf: "How to Read a U.S. Supreme Court Opinion"
