Legal research is the process of finding laws, court decisions, and other legal materials that can help you understand or solve a legal problem. Whether you’re trying to understand your rights, complete a court form, or prepare for a legal matter, research can help you find the information you need.
When doing legal research, you’ll typically use a mix of primary authority (the law itself) and secondary authority (resources that explain the law ).
Topics On This Page:
Primary Authority
Primary authority refers to the actual legal rules that must be followed by courts, government agencies, and the public. These include:
- Statutes – Laws made by legislatures
- Regulations – Rules made by government agencies
- Case Law – Court decisions written by judges
- Court Rules – Procedures that must be followed in court
- Policy Materials – Internal government guidance that helps explain how agencies apply laws
These legal rules are created by government bodies such as legislatures, administrative agencies, and courts. Let’s take a closer look at each one:
Statutes
Statutes are passed by lawmakers. These lawmakers work at different levels of government:
- Congress makes laws for the entire country (federal laws).
- State legislatures, like the Maryland General Assembly, make laws for their state.
- City and county councils make local laws. In Maryland, these are called ordinances or resolutions.
Legislatures have the power to make laws because the U.S. and state constitutions give them that authority, and because citizens vote to put them in office.
Statutes are organized by subject in publications called codes. A code is like a big filing cabinet where all the laws on similar topics are grouped together.
Some codes, like the Annotated Code of Maryland, include summaries of court decisions or articles that explain how a law has been interpreted. These summaries are called annotations, and they are created by editors at legal publishing companies – not by lawmakers.
Learn more about finding statutes.
Regulations
Regulations are rules created by executive branch agencies, such as the Maryland Social Services Administration or the United States Social Security Administration. These agencies are allowed to make regulations when statutes give them the authority to do so.
For example, if a law says that the state should provide disability, the agency responsible might create detailed rules explaining how people can qualify and apply for those benefits.
Agencies can only write regulations on topics that a statute has authorized. That’s why it’s helpful to read the regulation together with the law it’s based on.
Just like statutes, regulations are published in organized collections called codes:
- Maryland Regulations are in the Code of Maryland Regulations (COMAR)
- Federal regulations are in the Code of Federal Regulations (CFR)
Learn more about finding regulations.
Case Law
Case law is made by judges when they decide cases and write opinions explaining their decisions. These opinions often interpret what a law means and how it applies to a specific situation.
Judges generally create case law in appellate courts, not trial courts. Appellate courts review lower court decisions to ensure the law was applied correctly. In Maryland, examples of appellate courts include:
- Supreme Court of Maryland (formerly the Court of Appeals)
- Appellate Court of Maryland (formerly the Court of Special Appeals)
In their written opinions, judges often refer to statutes, regulations, and earlier decisions to explain their reasoning. These opinions become part of the law and may influence how future cases are decided.
Court opinions are published in books called reporters, which are organized by jurisdiction. For example:
- Maryland Reports publishes decisions from the Supreme Court of Maryland.
- Maryland Appellate Reports publishes decisions from the Appellate Court of Maryland.
Learn more about finding case law.
Court Rules
Court rules explain how to handle procedures in court, such as how to file documents, how much time you have to respond to a legal complaint, or what evidence is allowed in a trial.
These rules are very important – they can affect your case even if you understand the law itself. For example, even if you have a valid legal claim, missing a deadline or using the wrong form could result in your case being dismissed.
Learn more about finding court rules.
Policy Materials
Policy materials are not laws, but they can still be helpful. These are documents created by government agencies – like internal manuals or official written decisions – that explain how they apply the law in real-life situations.
For example, an internal manual at the Social Security Administration might explain how a worker should decide if someone qualifies for disability benefits. These materials and give insight into how agencies make decisions and may help you better understand why a request was approved or denied.
Policies are sometimes available online but are not always written for the public. If you need help locating them, your local public law library can be a great resource.
Secondary Authority
Secondary authority includes books, guides, websites, and articles that explain the law . These resources are not law themselves, and courts don’t have to follow them – but they are useful in getting a general understanding of legal topics. Secondary sources cite to primary authority which can help you find the actual laws.
Examples of secondary sources include:
- Articles from this website
- Legal textbooks
- Legal encyclopedias/handbooks
- Research guides
Secondary sources are often easier to read than the laws themselves. They can help you figure out where to begin your research how different laws – like statutes, regulations, and court cases – work together on a single issue.
When doing legal research, it’s often helpful to start with secondary sources, then move on to read the actual laws they reference
Learn more about finding and using secondary sources.
Videos: How to Research the Law
How to Research the Law: Getting Started from the Maryland Courts
How to Research the Law: Diving Into the Research from the Maryland Courts