Which of the following constitutes primary legal research?

Which of the following constitutes primary legal research?

• A. Law review articles and encyclopedias
• B. Legal documents such as statutes and case law
• C. Legal commentaries and treatises
• D. Case briefs and opinion papers

Answer: (B)

Primary legal research refers to the examination of official legal materials that establish the law, including statutes, regulations, and case law. These are the foundational sources of law that courts rely on to make decisions and which attorneys use to understand the legal framework applicable to a situation. Statutes are the laws enacted by legislative bodies, while case law consists of court decisions that interpret these statutes or provide legal precedents. This type of research is crucial for practicing attorneys, as it allows them to access the most authoritative sources of law directly relevant to their legal issues. Other options listed, such as law review articles, legal commentaries, treatises, and case briefs, are considered secondary legal research. These materials provide analysis, commentary, and interpretation of the law rather than being the law itself. Secondary sources can be valuable for context and understanding but do not constitute primary legal research.

Primary legal research refers to the examination of official legal materials that establish the law, including statutes, regulations, and case law. These are the foundational sources of law that courts rely on to make decisions and which attorneys use to understand the legal framework applicable to a situation.

Statutes are the laws enacted by legislative bodies, while case law consists of court decisions that interpret these statutes or provide legal precedents. This type of research is crucial for practicing attorneys, as it allows them to access the most authoritative sources of law directly relevant to their legal issues.

Other options listed, such as law review articles, legal commentaries, treatises, and case briefs, are considered secondary legal research. These materials provide analysis, commentary, and interpretation of the law rather than being the law itself. Secondary sources can be valuable for context and understanding but do not constitute primary legal research.