In legal research, which statement best describes primary sources?

• A. Secondary sources are non-binding explanations like treatises and encyclopedias.
• B. Secondary sources are binding authorities used in court.
• C. Primary sources are non-binding explanations created by scholars.
• D. Secondary sources are binding authorities.

Answer: (D)

The main idea is understanding what primary sources are in legal research. Primary sources are binding authorities that courts must follow. They include statutes, constitutions, regulations, and judicial opinions. These sources carry legal force and directly establish rules the court applies to a case.

Secondary sources, by contrast, provide analysis, explanation, or commentary about the law but do not have binding authority. They help you understand the law, locate primary sources, and see different interpretations, but they do not control outcomes in a case.

In the given statements, the one that claims binding authority belongs to secondary sources is not accurate. Binding authority rests with primary sources, while secondary sources are useful for interpretation and navigation of those primary sources.