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A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates. There is no fixed usage on what books qualify as a "legal treatise," with the term being used broadly to define books written for practicing attorneys and judges, textbooks for law students, and explanatory texts for laypersons.[1] The treatise may generally be loose leaf bound with rings or posts so that updates to laws covered by the treatise and annotated by the editor may be added by the subscriber to the legal treatise.

Legal treatises are secondary authority, and can serve as a useful starting point for legal research, particularly when the researcher lacks familiarity with a particular area of law. Lawyers commonly use legal treatises in order to review the law and update their knowledge of pertinent primary authority namely, case law, statutes, and administrative regulations.

In law schools, treatises are sometimes used as additional study materials, as treatises often cover legal subjects at a higher level of detail than most casebooks do. Certain treatises, called hornbooks, are used by American law students as supplements to casebooks. Hornbooks are usually one volume - sometimes a briefer version of a longer, multi-volume treatise written by a recognized legal scholar.

See also[edit]

References[edit]

  1. ^ Walker, David (1980), Oxford Companion to Law, Oxford University Press, p. 1234, ISBN 0-19-866110-X 



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Wall Street Journal
Thu, 03 Jul 2014 05:00:00 -0700

He is also editor-in-chief of Patent Office Litigation, a two-volume legal treatise published by ThomsonReutersWest that examines all aspects of the new contested proceedings under the America Invents Act of 2012, including IPRs. The legal team also ...

Travel Weekly

Travel Weekly
Wed, 16 Jul 2014 19:37:30 -0700

Even the pro-consumer author of the legal treatise covering the grounds for suing travel agencies, Judge Thomas A. Dickerson, does not suggest that agencies have such a duty of disclosure. He does state that agencies have a duty to disclose "material ...

Travel Weekly

Travel Weekly
Wed, 09 Jul 2014 16:15:00 -0700

As Judge Thomas Dickerson notes in his legal treatise, "Travel Law," the "most exciting area of travel agent liability has been the ever-increasing number of affirmative duties imposed upon travel agents by the courts. Chief among these are ongoing ...
 
JD Supra (press release)
Tue, 08 Jul 2014 15:24:44 -0700

She had neither the profundity required to be a novelist, nor the attention span required to be the author of a great legal treatise. On the other hand, Anthony Weiner's compulsive need to tweet his intimate parts, or Lady Gaga crashing and burning in ...
 
PR Web (press release)
Thu, 24 Jul 2014 18:57:24 -0700

He has published more than 100 professional articles about divorce law; a definitive legal treatise on motion practice; and the acclaimed "Divorce Law Handbook: A Comprehensive Guide to Matrimonial Practice." as well as "Unmarried Couples." He has also ...
 
WorkCompCentral (subscription)
Tue, 01 Jul 2014 14:45:00 -0700

The firm develops lasting relationships with its clients through superior legal services at significant value, and has grown rapidly since its inception in 1996. In addition, the firm publishes the highly respected "Sullivan on Comp" legal treatise and ...
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