Anaya Nolan
Case law, also known as precedent or common law, is the body of prior judicial decisions used by judges to decide on issues before them. There are several ways to search for case law, including using Google Scholar, CourtListener, Caselaw Access Project, FindLaw, and Justia. These sources provide access to state and federal court opinions, state laws, and the United States Code. Additionally, court opinions are available for free on PACER with an account, and access to court opinions from appellate, district, and bankruptcy courts is provided at no cost through a partnership with the U.S. Government Publishing Office (GPO).
| Characteristics | Values |
|---|---|
| Websites | Google Scholar, CourtListener, Caselaw Access Project, FindLaw, Justia, PACER, Lexis, Westlaw, Bloomberg Law |
| Search by | Phrase, excluding results with certain terms, citation |
| Filter by | Jurisdiction |
| Account required | Yes/No |
| Cost | Free/Paid |
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What You'll Learn
Using Google Scholar
Google Scholar is a freely-accessible search engine for scholarship material on a wide array of subjects. In 2009, Google Scholar added court opinions to its database, which can be searched through the “case law” option. Google Scholar's case law database is a valuable legal resource available to lawyers, law students, and the general public, free of charge.
To search for case law on Google Scholar, you can start by selecting the "case law" radio button and choosing your search terms. You can also click on the menu button at the top left-hand side of the screen to pull up an advanced search feature that lets you search for a phrase, exclude results with certain terms, etc. You can also search by entering a citation to a case in the search box.
After executing your search, you can use the facets on the left-hand side to narrow your results. One useful facet allows you to narrow by jurisdiction. You can select a jurisdiction by clicking on "select courts" and then placing a checkmark next to the courts you would like to search. For example, you can target a search to the Alabama Court of Civil Appeals, the Nevada Supreme Court, or the Fifth District Bankruptcy Courts.
It is important to note that Google Scholar will not have some of the viewing features of other commercially available legal research tools. Additionally, while you can search on a topic, the results may be mixed. For example, a Google Scholar search on "speedy trial" brought up the precedent-setting case, while a search on "statute of limitations" assault placed the key case as number 57. Searching for a code citation in an opinion generally gives poor results.
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Court opinions and case files
There is a fee of 10 cents per page to access a file through PACER, with a maximum charge of $3.00 per document. Court opinions are available for free on PACER to anyone with an account. All bankruptcy courts have a telephone information system, also known as the Voice Case Information System, that enables callers to obtain basic case information for free.
The Federal Court Cases Integrated Database (IDB) provided by the Federal Judicial Center offers case data (not documents) for criminal, civil, appellate, and bankruptcy cases. CourtListener.com, a project of the Free Law Project, offers a searchable database of millions of opinions across hundreds of jurisdictions, updated constantly. It also offers email alerts for new decisions matching your search query.
FindLaw offers a free collection of state and federal court opinions, state laws, and the United States Code. Westlaw and Lexis provide access to case briefs and advanced search options, although a subscription is required. Bloomberg Law is another source for retrieving federal court filings, but it requires an individual user ID and password.
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Federal case files
Most cases created before 1999 are maintained in paper format only and can be accessed from the court where the case was filed or at one of the Federal Records Centres (FRCs). All bankruptcy courts have a telephone information system, also known as the Voice Case Information System, that enables callers to obtain basic case information through a touch-tone phone for free. Court opinions are available for free on PACER to anyone with an account. Additionally, access to court opinions from many appellate, district, and bankruptcy courts are available for no fee in a text-searchable format through a partnership with the U.S. Government Publishing Office (GPO), consistent with the E-Government Act. When court records and case files are eligible for permanent preservation, they are transferred to the National Archives and Records Administration (NARA) for storage and preservation.
The cost to access a single document through PACER is capped at $3.00, which is equivalent to 30 pages for documents and case-specific reports. Fees are waived for anyone accruing less than $30 in charges in a quarter. There is a $64 fee to retrieve a document from the Federal Records Center. Individual researchers working on defined research projects intended for scholarly work can use a form to request PACER fee exemptions from multiple courts. If seeking a fee exemption from a single court and/or for non-research purposes, contact that court directly.
The Federal Court Cases Integrated Database (IDB) provided free of charge by the Federal Judicial Center can be used to define the data needs for research. The IDB has case data (not documents) for criminal, civil, appellate, and bankruptcy cases that can help researchers refine their requests. Information on accessing opinions and case-related documents for the Supreme Court of the United States is available on the court’s website.
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State laws
In the United States, there are two main court systems: the Federal Court System and the State Court System. Each state has its own judicial system, including trial and appellate courts. The highest court in each state is often referred to as the "supreme" court, though there are exceptions, such as the New York Court of Appeals. State courts generally hear cases involving state laws and regulations, though they may also hear cases involving federal laws.
Online resources such as FindLaw offer free access to state court opinions, state laws, and the United States Code. For US legal definitions, dictionaries such as Black's Law Dictionary, Cornell LII's WEX Legal Lexicon, or Nolo's free legal dictionary can be used. The West American Digest System, with electronic access provided by Westlaw, is a tool for finding US case law organized by topic.
Secondary legal literature, such as legal treatises, encyclopedias, academic journal articles, and law reports, can also help point you to key cases on a topic and provide legal context. Google Scholar indexes a large number of US legal journals, and Nexi Uni contains academic law journals, legal dictionaries, and United States and international newspapers.
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Court system hierarchy
The US court system is divided into two types of courts: state and federal. These two systems exist in parallel to each other, with the state court system largely mirroring the structure of the federal court system. Each system is composed of three main levels: trial courts, appellate courts, and a supreme court.
At the federal level, the three levels are the district courts, the circuit courts, and the US Supreme Court. There are 94 district courts across the country, with each state having between one and four districts. The US Supreme Court is the highest court in the land, and its decisions are binding on all federal and state courts.
The state court system varies from state to state, but generally follows the same three-level structure as the federal system. The highest court in each state is often referred to as the "supreme" court, although there are some exceptions, such as the New York Court of Appeals and the Maryland Court of Appeals. These state supreme courts are the courts of last resort, with the power to review decisions made in lower courts and determine if any errors have been made.
In both federal and state court systems, cases start at the lowest level: the district court or the state trial court, respectively. If a party disagrees with the outcome at the trial level, they can appeal to a higher court and, eventually, petition all the way up to the US Supreme Court. However, this is rare, as the US Supreme Court typically only hears a small fraction of cases, with the majority being decided in the lower courts.
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Frequently asked questions
You can search case law for free using Google Scholar, CourtListener, Caselaw Access Project, FindLaw, and Justia.
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them.
You can find US case law through the internet-based Public Access to Court Electronic Records (PACER) service. PACER allows anyone with an account to search and locate appellate, district, and bankruptcy court case and docket information.
The United States Supreme Court is the highest court in the United States.
To search for case law on Google Scholar, select the "case law" option and choose your search terms. You can also search by entering a citation. After you execute your search, you can use the facets on the left to narrow your results by jurisdiction.
