Anaya Nolan
Case law is the collection of reported cases that form the body of law within a given jurisdiction. It is based on judicial decisions by various courts, which may set future precedent. Case law is published in official and unofficial case law reporters, in chronological order. Supreme Court opinions are the only federal opinions published in official case reporters. Case citations are the easiest way to retrieve a case, and are structured by volume number, reporter abbreviation, and the first page of the case. There are two main case law citators to verify the status of a case: on LexisNexis, it is Shepards, and on Westlaw, it is Keycite.
| Characteristics | Values |
|---|---|
| Definition | Law based on judicial decisions and opinions |
| Types | Common law, statutory law, administrative law |
| Sources | Primary and secondary |
| Publication | Official and unofficial case law reporters, in chronological order |
| Citation | By volume number, reporter abbreviation, and first page of the case |
| Precedent | Stare decisis ("to stand by things decided") |
| Hierarchy | Federal and state courts, trial and appellate courts |
| Federalism | Each circuit has its own binding case law |
| Tools | Westlaw, LexisNexis, digests, annotated codes, legal encyclopedias |
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What You'll Learn
Case law reporters
Case law is published in official and unofficial case law reporters, in chronological order. Court opinions are gathered together and published in chronological order in print volumes called Case Reporters, or simply Reporters. Official reporters are governmentally approved publications that reproduce the reported cases within a given jurisdiction. Many states still publish their own reporters. The official reporter is the reporter that should be cited when submitting documents to the court in that jurisdiction. Supreme Court opinions are the only federal opinions published in official case reporters. West is the major publisher of unofficial case reporters.
Unofficial reporters are published by commercial publishers (such as West, Lexis, and BNA) and are generally considered unofficial reporters. They may include editorial enhancements, such as headnotes, in addition to the text of the opinion. A headnote is a brief summary of a specific point of law decided in a case. Headnotes appear before the judicial opinion and are generally written by a publisher's editors. They are a great research tool but are not considered legal authority and should never be cited.
Case citations are the easiest way to retrieve a case. They are structured by volume number, reporter abbreviation, and first page of the case. For example, U.S. Supreme Court Cases are published in three different case law reporters: United States Reports (the official reporter) - "U.S.", Supreme Court Reporter (West) - "S. Ct.", and Lawyers' Edition (Lexis) - "L. Ed.". A sample citation for Brown v. Board of Ed. of Topeka would be 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873.
There are two main case law citators to verify the status of your case: on LexisNexis, it is Shepards, and on Westlaw it is Keycite. KeyCite will let you see the history of the case you are checking—earlier and subsequent rulings. It will also provide a link to "Citing References" to view a list of sources that cite your case. Shepards provides both prior and subsequent history of the case, as well as tabs for "Citing Decisions" for other cases that cite your case, and "Citing Law Reviews, Treatises, and other Secondary Sources".
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Hierarchy and precedence
The doctrine of precedent is a key aspect of case law, and it is based on the hierarchical structure of the court system. This doctrine, also known as stare decisis, means that decisions made by higher courts form precedents that lower courts must follow. In other words, it is a principle that attaches specific legal consequences to a detailed set of facts in a previous case, which then guides the determination of subsequent cases with similar facts. This promotes consistency and predictability in the law.
The hierarchical structure of the court system varies depending on the jurisdiction. For example, in the United States, the federal courts are divided into twelve regional circuits, each with its own circuit court of appeals. Decisions of one circuit court are binding on the district courts within that circuit but are only persuasive authority on sister circuits. On the other hand, decisions of the United States Supreme Court are binding precedent in all courts, including federal and state courts.
In Australia, there is a similar court hierarchy within the federal system, with each state and territory having its own court hierarchy as well. Federal courts deal with matters arising from Commonwealth or national legislation, while state and territory courts handle issues within their respective jurisdictions. The High Court of Australia adheres to the doctrine of precedent but has the flexibility to depart from its previous decisions when necessary for the proper development and exposition of the law.
The concept of binding and persuasive precedent is essential to understanding hierarchy and precedence in case law. Binding precedent refers to decisions that courts must follow, while persuasive precedent is considered but without any obligation to abide by it. For instance, a state court typically follows the precedent set by its own state's highest court and may find decisions from other states' courts persuasive. However, it is not obligated to follow those decisions unless they are from a higher court or a court of equal status within its jurisdiction.
The evolution of case law and the doctrine of stare decisis has been influenced by various factors, including the advent of reliable private case reporters and legal reform movements. The systematic publication and indexing of judicial decisions have made it easier for lawyers and researchers to access and interpret case law. Additionally, the merging of common law courts in England and the United States during the 19th century contributed to the establishment of a formal hierarchical structure, further solidifying the practice of adhering to precedent.
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Finding cases without a citation
Case citations are the easiest way to retrieve a case. However, if you do not have a citation, there are other methods to find a case.
Firstly, you can search for cases by party name. This can be done by using the name segment search tool on LexisNexis, where you can search by party names using the following structure: "name [insert party name here] AND name [insert second party name here]". It is important to note that this method may be less exact than searching by segment.
Secondly, you can use Westlaw and LexisNexis to find a case on a specific topic. These platforms allow for full-text searching, which can be an effective way to locate relevant cases.
Additionally, you can refer to digests, which are multi-volume indexes of the law organised by topic and "key number" classification systems. The "key numbers" provide narrower subtopics within the broader areas of law. For example, West's General Digest includes a "Descriptive-Word Index" that allows you to find authorities using descriptive words related to your legal concept of interest.
Another method is to utilise the two main case law citators: Shepards on LexisNexis and Keycite on Westlaw. These tools not only verify the status of your case but also help you find other relevant cases and secondary sources. Both citators provide information on prior and subsequent history related to your case, as well as citing decisions and secondary sources that reference your case.
Finally, you can refer to official and unofficial case law reporters, which publish cases in chronological order. While Supreme Court opinions are published in official case reporters, West is the major publisher of unofficial case reporters. By consulting the appropriate reporter series, you can locate cases based on their volume number and page number.
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Federal and state case law
Case law is law based on judicial decisions rather than law based on constitutions, statutes, or regulations. It concerns unique disputes resolved by courts using the concrete facts of a case. In the United States, there are two parallel court systems, one at the federal level and another at the state level. Each system is divided into trial courts and appellate courts.
Federalism plays a significant role in determining the authority of case law in a particular court. Each circuit has its own set of binding case law. While a judgment in one circuit is not binding in another, it may have persuasive authority. Decisions made by the Supreme Court of the United States are an exception, as they are binding on all federal and state courts regarding constitutional and federal law matters.
Federal court decisions are published in reporters, which group cases from the same court level together. For instance, decisions from the Supreme Court are published together in a reporter, excluding rulings from circuit or district levels. These reporters are issued consecutively, with each new volume containing the most recent set of decisions. Federal court decisions are also accessible through subscription databases and free online resources.
State courts, on the other hand, have their own judicial systems, which also include trial and appellate courts. The highest court in each state is often referred to as the "supreme" court, though there are exceptions, such as in New York and Maryland. State courts primarily handle cases involving state constitutions, laws, and regulations, but they may also preside over cases involving federal laws.
To find federal and state case law, resources like Westlaw and LexisNexis offer full-text searching capabilities. Digests are another tool, providing a multi-volume index of the law organised by broad topics and narrow "key number" subtopics. Additionally, case citations are a straightforward method for retrieving cases, structured by volume number, reporter abbreviation, and the first page of the case.
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Case law citators
Shepards, available on LexisNexis, offers a comprehensive view of a case's history, including prior and subsequent rulings. It also provides tabs for "Citing Decisions," listing other cases that have cited the case you are examining. Additionally, Shepards offers access to "Citing Law Reviews, Treatises, and other Secondary Sources," including relevant court documents. This feature ensures that users can easily access a wealth of information related to their case law research.
KeyCite, available on Westlaw, is another powerful tool for case law research. It allows users to trace the history of a case, including earlier and subsequent rulings, and provides links to "Citing References." This includes a diverse range of sources, such as cases, administrative materials, secondary sources, briefs, and other court documents that cite the case in question. By utilizing KeyCite, researchers can efficiently navigate through the evolution of a case and identify relevant authorities.
Both Shepards and KeyCite are not just useful for verifying the status of a case but also for identifying relevant case law authorities. The process of using these citators is often referred to as "Shepardizing" or "KeyCiting." These methods help researchers find other cases and secondary sources related to their specific topic, ensuring a comprehensive understanding of the legal landscape surrounding their area of interest.
It is worth noting that case citations themselves play a crucial role in case law research. Case citations are structured by volume number, reporter abbreviation, and the first page of the case. They are essential for retrieving cases online, and databases such as Bloomberg Law, Google Scholar, Lexis Plus, Nexis Uni, and Westlaw allow for case retrieval using these citations. The Bluebook: A Uniform System of Citation is a widely recognized resource that provides comprehensive guidance on legal citation styles, including case citations. It offers detailed instructions on formatting case citations and citing briefs, court filings, and transcripts.
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Frequently asked questions
Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. It concerns unique disputes resolved by courts using the concrete facts of a case.
Case law is organized by jurisdiction and by topic. In the US, case law is published in official and unofficial case law reporters, in chronological order. Case citations are structured by volume number, reporter abbreviation, and first page of the case.
There are several ways to find case law. Westlaw and LexisNexis allow for full-text searching to find a case on a topic. Digests provide an indexing function for cases in the National Reporter system. Legal encyclopedias cover a wide range of topics that are arranged alphabetically, and Annotated Codes such as the United States Code Annotated (West) or the United States Code Service (LexisNexis) provide researchers with citations to case law.
