Primary legal sources form the law. This means that primary legal sources originate from an entity of one of the branches of government. Some examples are: statutes, constitutions, regulations, and case law. Primary sources can be utilized in legal research for persuasion in situations when the source is not binding.
Secondary legal sources are about the law. The purpose of secondary sources is to either interpret, analyze, comment on, or guide practitioners on the law. Secondary sources are never binding, but can be persuasive. Secondary sources are also an amazing tool to locate the applicable law for an issue, or to find additional sources during legal research.
Primary Legal Sources |
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U.S. Constitution |
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The United States Constitution is considered to be the highest law of the land. The U.S. Constitution established a framework for the federal government, formed the branches of government, distinguished the relationship between the federal and state government, and is known for creating constitutional rights. |
Federal Statutes |
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Federal statutes are laws that have authority federally. These are passed by Congress, and may have been approved by the president also. Federal statutes can be found either as a slip law, in the U.S. Statutes at Large, or codified in the U.S. Code. |
State Constitutions |
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State constitutions establish the structure of state governments. While similar in form to the U.S. Constitution, state constitutions are typically more extensive. |
State Statutes |
| State statutes are laws passed by state legislators, and the state governor. State statutes are authoritative sources of law within that state. |
Administrative Law |
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Administrative law is created by government entities and can be passed either on the federal or state level. Regulations dictate how statutes should be followed. |
Case Law |
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Case law originates from judicial decisions on issues of law. Case law serves as a standard for how to make future rulings in similar legal issues. |