Corpus Juris Secundum Encyclopedia in the United States

History

The big old American legal encyclopedia was the “Corpus Juris: Being a Complete and Systematic Statement of
the Whole Body of the Law as Embodied in and Developed By All Reported Decisions” (William Mack & William Benjamin, eds, New York: The American Law Book Co, 1919).

This encyclopedia, published in the 1920s and early 1930s, cited, besides U.S. cases, quite fully English, Canadian, and Australian judicial opinions (as opposed to its supplement
volumes and the Corpus Juris Secundum, explored later).

The old Corpus Juris was very well-organized, with excellent and very ordered tables of contents, and with many
cross-references. It was, for the legal researcher, quick and easy to use. Often, the cases in the footnotes fully supported (as a distinction with other reference works of its age) the propositions in the text above.

It is used, in legal research (specially involving commonwealth legal systems), in desperate situations, when no digest or other reference are of use. Because this old encyclopedia almost always gave “some judicial opinions right on point, and often they included English and Canadian ones. The cases will be old, but looking them up elsewhere will show one where to look in textbooks and other legal encyclopedias and digests, and (2) what later judicial consideration of these cases exists.” (JE Côté and Debra MacGregor).

Corpus Juris Secundum (C.J.S.)

Corpus Juris Secundum (C.J.S.) is published by West and gives, according to some legal researchers, far more case citations (and is more difficult to use) than American Jurisprudence (encyclopedia). Attention is paid to providing citations that highlight jurisdictional differences. C.J.S. gives cross-references to other West publications and to West topic and key numbers. The print version is updated annually by pocket parts, and a new general index is published annually. This index is very general indeed, often pointing the researcher only to the volume. Check the volume specific index for more detailed references. The index provides access by person, place, thing, facts, and legal topic. It is important to note that while C.J.S. is published by West and uses a system of topics (alphabetically arranged) and section numbers, its topic and section number system is not the same as the Topic and Key Number system used in West digests.

Cited and quoted as authority in courtrooms across the United States, this national legal encyclopedia -said West, the Publisher- covers all state and federal legal topics. General rules of law are summarized in Black Letter headings and expanded upon in the text. Also provides the limitations and exceptions to the rules where appropriate. Since the citations and the supporting cases involve both state and federal courts, the user gets a full perspective of the law in a local jurisdiction as well as across the USA.

How to use the C.J.S. given the subject matter

Method One – Search by Topic

• Consult the List of Titles at the beginning of any volume of the C.J.S. and select the title that is most relevant to your research. Once you have identified the appropriate title, find the volume in which it is located. The C.J.S. is organized alphabetically by subject title.
• Scan the table of contents at the beginning of your title to find the relevant sub-topic. There you will find a general summary of that area of law, a key number and footnotes to relevant cases.

Method Two – Descriptive Word Index

• Consult the General Index volumes of the C.J.S. Locate the relevant subject title.
• Turn to the volume in which the appropriate title appears. There is a detailed index at the back of most C.J.S. volumes which lists descriptive words, providing references to the main work under which the word (or issue) is discussed. If there is no descriptive index (as would appear to be the case with the most recently published volumes) you will be referred to the General Index.
• Turn to the relevant title and section of the main work.

Updating

Always update your Corpus Juris Secundum research by consulting the annual “pocket part” in the back of the main volume. Updated information is indexed to correspond with the paragraph and page numbers of the main work.

Features (according to the Publisher)

• All cases fully referenced to West Key Number System
• Annual pocket parts are published to supplement the volumes with relevant new cases and statutory changes
• Cited more than 90,000 times by all levels of courts throughout the United States
• Complete citations and relevant histories of each case help (the reader) locate the law (the reader) needs
• Multi-volume general index and individual topic indexes take (the reader) quickly to (the reader) answer

See legal enciclopedies and American Jurisprudence (encyclopedia).

Topics of this Encyclopedia

Abandonment to Accountants
Accounting to Actions
Adjoining Landowners to Adverse Possession
Aeronautics and Aeropace to Agency 469
Agency 470 to Aliens 653
Aliens 654-End
Alteration of Instruments to Annuities
Appeal and Error 1-630
Appeal and Error 631-End
Appearances to Armed Services
Arrest to Assignments
Assistance to Attorney and Client 60
Attorney and Client 61 to End to Audita Querela
Bail to Bailment
Bankruptcy 1-756
Bankruptcy 757-End
Banks and Banking
Beneficial Assoc to Bills and Notes; Ltrs of Credit
Bonds to Bridges
Brokers to Building and Loan Associations 1-131
Building and Loan Associations 132-End to Cancellation of Instruments; Rescission
Carriers
Cemeteries to Civil Rights 142
Civil Rights 143 to Colleges and Universities
Collision to Commerce
Common Lands to Conspiracy
Constitutional Law 1-538
Constitutional Law 539-870
Constitutional Law 871-1138
Constitutional Law 1329-1721
Constitutional Law 1722-End
Contempt to Contracts 135
Contracts 136 to Contracts 420

Practical Information about this Encyclopedia

Note: Some of this information was last updated in 1982
A complete statement of the body of American law in encyclopedic form. The Corpus Juris Secundum and Corpus Juris are broken down into approximately 430 titles. The text of Corpus Juris Secundum supersedes the corresponding text of Corpus Juris. Each title of the Secundum brings down to date the same title in Corpus Juris. The authorities cited in the notes in the Secundum are the cases decided since that title in Corpus Juris was written. If there are earlier cases on the point, footnote references in Corpus Juris Secundum direct the searcher to the precise page and note in Corpus Juris where they will be found.

The absence of a footnote reference to Corpus Juris is conclusive evidence that there are no earlier cases. Thus, although the text of Corpus Juris is superseded by Corpus Juris Secundum, Corpus Juris remains a vital part of a law library because of the footnotes. The titles embraced by the system are alphabetically arranged. Judicially defined words, phrases, and maxims are alphabetically interspersed through the titles. The backbone of each volume shows the first and last words in that volume and also the volume number. Volume 72 of Corpus Juris is a complete descriptive word index (in U.S. law) to all volumes of Corpus Juris. Each volume of the Secundum has an index to the titles contained in that volume.

How to use Corpus Juris Secundum

There are three methods of finding the discussion and supporting authorities in the Corpus Juris Secundum.

1. The fact, or descriptive, word index. Find the descriptive word in the index to the title in the back of the volume. At the head of the section is an analysis of points covered in the section, which enables the search to be narrowed. Each volume of Corpus Juris does not contain an index. If the pertinent title has not been published in the Secundum, look for the descriptive word in Volume 72, “Descriptive word Index and Concordance,” of Corpus Juris.

2. The general analysis preceding each title. At the beginning of each title is an analysis, or breakdown, of the contents of the title. The topics are in boldface capitals and are numbered with roman numerals. Each of the topics has a sub analysis. Judge which topic should cover the point and then look at the sub analysis for the specific point. If it cannot be determined which topic should cover the problem, look at each of the subtopics, but this, of course, is a slower method of research.

3. Words and phrases alphabetically arranged throughout the set. If an important word or words in the problem can be picked out, refer to those words in CJS and find cross-references to related topics in which the words have meaning or importance.

(Revised by Ann De Vries)

How to cite

Cite by volume number, title, and page and section number.

24 C.J.S., Criminal Law, p. 42, § 28

What is Corpus Juris Secundum?

The explanation offered by the Publishers in the text of this legal encyclopedia is as follows:

“The object in view in preparing Corpus Juris Secundiim has been two-fold : First, to provide a complete encyclopedic treatment of the whole body of the law, which means that it must be based upon all the reported cases; Second, to present each title of the law in form and content most suitable as a means of practical reference for the Bench and Bar.

Corpus Juris Secundum is therefore a complete restatement of the entire “body of American Law”. The clear-cut and exhaustive propositions comprising the text are supported by all the authorities from the earliest times to date.

The supporting case citations, conspicuously set out in the notes, point to all decisions handed down since the publication of Corpus Juris. When the searcher may wish to consult earlier authorities, a specific reference to Corpus Juris makes available all cases back to 1658.

Each title is preceded by a complete section analysis, greatly simplified to facilitate research. Where the scope of any section is such as to require it, a more minute analysis is found thereunder in its appropriate place within the title (see, for example, Abatement and Revival, Section 112). The convenience of this method an innovation in encyclopedic writing must immediately commend itself.

A concise black-letter summary, indicative of its scope, precedes the full treatment or statement of the law under each section. These introductory summaries, concise and free from interlineation of authorities, have proven of great convenience and value in legal research.

An index is found in the back of each volume covering the titles contained therein, thus providing another convenient means of ready access to the text and notes.

Corpus Juris Secundum is kept to date by means of annual cumulative pocket parts for each volume. This feature of supplementation which has proved so successful in modern digests and statutes conveniently, and with certainty, keeps each title constantly to date through current cases and new precedents.

Corpus Juris Secundum represents the combined product of the highest editorial talent and manufacturing skill. Its many excellent editorial features are fittingly accompanied by corresponding innovations and improvements in mechanical arrangement, typography, and design, which the publisher believes will commend ‘themselves to the profession as representing a new standard in legal publications.”

For a meaning of it, read Corpus Juris Secundum in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Corpus Juris Secundum.