4 Sources of Legal Information
One of the challenging aspects of legal research is the variety of sources of legal information. As you progress through these modules, you will learn more about the different sources of information as well as the key websites and databases needed to access them.
The UQ Library Legal Research guide contains links to key databases, tools, and websites for legal research.
As a starting point, however, it is important for you to know the distinction between primary and secondary sources.
Primary and secondary sources
Primary sources of law are the authoritative sources of law (sometimes called ‘authorities’) as made by law-making bodies. They include:
- Case law: also known as common law or judge-made law
- Legislation: includes Acts of Parliament (or Statutes) and subordinate legislation (or delegated legislation).
Secondary sources provide commentary and background information on the primary sources of law and can assist in identifying the relevant primary sources. They may provide you with a quick overview or an in-depth analysis of a topic, with references to leading cases or relevant legislation. They include:
- Legal dictionaries
- Legal encyclopaedias
- Books
- Journal articles
- Looseleaf services
- Law reform resources.
In legal research, it is often recommended that students approach a topic by looking at secondary sources of law to understand the key issues in that area of law. Understanding the background of a topic before reading the primary sources (i.e., cases and legislation) can help contextualise your research.
When asserting a particular proposition is settled law, you should use primary sources rather than secondary sources. Where the law is unclear or in dispute, you may use secondary sources to support an argument in favour of one proposition or another.
TC Beirne School of Law, A Guide to the Citation of Sources in Assignments (PDF, 283 KB) (2010) 2.
