Primary and Secondary Sources of Law

Primary and Secondary Sources of Law

In the case study, a client has filed a case at the local court for being harassed at work. According to the client, their employer subjected them to lower pay and worse shifts because they complained of being mistreated. The client told their employer that they were being hurt lifting heavy boxes, but their plea was ignored. Instead, the mentioned employer chose to retaliate by punishing them in the above way. As a legal expert, I will use various sources to build a compelling argument against the accused employer at Texarkana, which will help to resolve the client’s issue.

When conducting research to access data I could use to defend the client, I have come across various sources of information. The sources of law have been provided in the case study and can be categorized as primary or secondary. When seeking information, primary sources of law include cases, statutes, regulations, and the Constitution (Hastings College of the Law, 2021). Primary sources of law are created by the government’s legal, executive, and judicial branches at the state and federal levels. The President of the United States represents the executive, and they make primary sources of law termed as administrative law. Other branches of the executive, such as agencies, make rules and regulations (Law Library of Louisiana, 2021). Additionally, the legislative branch of the federal or state governments makes statutes, which are considered primary sources of law. Furthermore, the judicial arm of the government makes primary sources of law termed as case studies.

In the case study provided, I could use several types of primary sources of law to complete my research. Firstly, I could use the Painter v. Smith case as a primary source of law that explains why retaliating against an employee who complains about harsh work conditions is illegal. Secondly, I could use the 2007 statute as my primary source of law that backs the information provided by the Painter v. Smith case. Thirdly, I could use the Texarkana Supreme Court case to help me access information on how to handle the client’s case. Lastly, I could use the regulation, which explains ways to apply the above state statute. Therefore, the primary sources of law I could use are as mentioned above.

Secondary sources of law could also help me access valuable information that could help me argue for the client. Secondary law sources elaborate on primary sources using a common language that is easy to understand. Subsequently, while conducting research, secondary sources of law are an excellent point to start seeking information from. Secondary law sources are not binding in court and cannot be quoted by a legal expert during court proceedings (University of Minnesota, 2014). Examples of secondary law sources include treatises, journal articles, legal encyclopedias, and newspaper articles. Many lawmakers use secondary sources of law to design primary sources mentioned above. In the case study provided, I could use several secondary sources of law to complete my research. If I were to conduct research, I could begin by seeking data from these sources and then proceed to primary sources.

In the case study provided, secondary sources of data I could use include the article reviewing laws on the illegality of mistreating an employee who complains of being mistreated at work. I could also use the newspaper article provided that explains a case related to the client’s filed at Texarkana for the past five years. Therefore, I could use several primary and secondary sources of information to research my information, as explained.

References

Hastings College of the Law. (2021). LibGuides: Academic success resources for students: Sources of law: Cases, statutes, secondary sources, and more. LibGuides at the University of California, Hastings College of the Law. https://libguides.uchastings.edu/academic-success/sourcesoflaw

Law Library of Louisiana. (2021, May 19). LibGuides: Basics of legal research: Primary sources. https://lasc.libguides.com/c.php?g=436789&p=2980672

University of Minnesota. (2014). Sources of Law. Criminal Law. https://lasc.libguides.com/c.php?g=436789&p=2980672

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Differentiate between primary and secondary law
Your law firm’s client filed a lawsuit in Texarkana, alleging that she was retaliated against at work in violation of a state workplace safety statute. The employer she works for is a big box retail store with over 100 employees. The client complained about her concerns over the workers moving heavy boxes without assistance. After complaining, she was given the worst shifts and was paid less than employees who had not complained about safety issues. You have located the following sources applicable to her situation:

Primary and Secondary Sources of Law

• Painter v. Smith. A court case from the district court in which your attorney has filed the case, in which an employee at a fast food restaurant complained about safety issues and was then fired, in contravention of the state workplace safety statute.
• The 2007 state statute defining workplace safety makes retaliating against employees for complaining about safety issues illegal.
• A law review article discussing the Texarkana statute
• A Texarkana Supreme Court case, Big Bob’s v. Doe, which explains the factors needed to prove a violation of the statute
• A newspaper article describing various cases filed under the Texarkana statute in the last five years
• A regulation explaining the application of the statute, which authorizes investigations into safety concerns at workplaces in Texarkana.

In a 2-page paper, address the following:
• Explain which of the sources you located are considered sources of law.
• If you were to begin researching a topic, would you begin your research with a specific source of law? Why?
• Which sources are primary authority, and how did you come to that conclusion?
• Which sources are secondary authority, and why?