Kara Sears
There are a variety of ways to find court cases by law. One way is to use a case number or ticket number to search for a case. If the case number is unknown, then searching by name may be an option. Searching news databases can be a good way to find court cases by law as newspaper articles can help identify key cases on a particular topic. Databases such as CanLII allow keyword searching, which can be particularly useful for unique search concepts. In the US, federal court cases can be found using the Public Access to Court Electronic Records (PACER) service, which provides public access to federal court records.
| Characteristics | Values |
|---|---|
| Search Tools | Public Access to Court Electronic Records (PACER), Clerk's Office, Newspaper articles, Secondary legal literature, Federal Court Cases Integrated Database (IDB) |
| Search Criteria | Case number, Ticket number, First and last name, Case year, Case type, Party code, Keywords |
| Case Availability | Cases from 2003 onwards, Cases before 1999 are mostly in paper format |
| Case Fee | $0.10 per page, $3.00 cap for single document, $0.50 for PDF |
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What You'll Learn
Search news databases for articles on the topic
Newspaper articles can be a great way to find court cases by law. Articles may discuss the issues of a case in plain language and help identify key cases on a particular topic. Case details from articles can then be used to track down the case law in other databases. For instance, you can search for articles in Canadian Newsstream, which provides full-text access to major Canadian daily newspapers, such as the Vancouver Sun, as well as small-market newspapers and weeklies published in Canada. Alternatively, you can search for articles in CBCA Complete, which includes Canadian magazines, trade publications, and newspapers.
When searching for articles on court cases, it is important to use effective search strategies. For example, when searching case law databases, a keyword search can be a simple way to get started. However, it is generally not the recommended approach for finding cases by legal topic. Instead, it may be more helpful to begin by searching secondary legal literature, such as legal encyclopedias, case digests, commentary, journal articles, and books. Additionally, when searching for articles, it can be useful to combine your topic keywords with the keyword "judgment".
In the United States, there are several online databases and resources that provide access to court records and case law. One option is to use the Public Access to Court Electronic Records (PACER) service, which provides electronic public access to federal court records. PACER allows individuals with an account to search and locate appellate, district, and bankruptcy court case information. It is important to note that accessing case information on PACER costs $0.10 per page, with a maximum cost of $3.00 per document.
In addition to PACER, other resources for finding court cases and case law in the United States include the Library of Congress, which provides access to court decisions through Nexis Uni and Westlaw Patron Access. The Law Library of Congress has also created freely available legal research guides to help researchers locate online case law sources. Individual federal and state appellate courts' websites also often provide access to recent decisions issued by that court.
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Use keyword searching for unique search concepts
Keyword searching is a simple way to get started with your case law research. However, it is generally not the recommended approach for finding cases by legal topic. This is because your search term(s) may appear anywhere in the full text of the body of case law. For instance, if you enter the keyword "tempest" into a journal database, you might get an article about the weather ("A Tempest in a Texas Town"), an article about the economic climate ("The Tempest Over Taxes"), or an article about Shakespeare's play ("Understanding 'The Tempest'").
However, keyword searching can be particularly fruitful if your search concept is fairly unique. For example, a keyword search for "mustard gas" would likely return significantly more on-topic cases than a keyword search for insurance fraud would.
To find alternative keywords or phrases for your concepts, you can:
- Use a thesaurus to identify synonyms.
- Search for your concepts on a search engine like Google Scholar, scanning the results for alternative words and phrases.
- Examine relevant abstracts or articles for alternative words, phrases, and subject headings (if the database uses subject headings).
When searching a database, a subject search will usually give you more relevant results than a keyword search because it only searches for words in the subject field of a record. However, subject headings may vary between databases, so you need to investigate each database separately to find the subject headings they use. For example, for Medline you can use MeSH (Medical Subject Headings), and for Embase, you can use the EMTREE thesaurus.
You can also use Boolean operators (AND, OR, and NOT) to combine different keywords or subject headings. AND narrows a search by requiring that all words be present in the retrieved records. When you use AND, you will retrieve fewer results. AND is useful when you are trying to combine two different concepts. NOT excludes a search term or concept. It should be used with caution as you may inadvertently exclude relevant references. For example, searching for “self-esteem NOT eating disorders” finds articles that mention self-esteem but removes any articles that mention eating disorders.
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Search secondary legal literature, e.g. legal encyclopaedias
Legal encyclopaedias are a great way to get a quick, surface-level overview of a topic. They are particularly useful if you are new to a topic, as they provide broad coverage of legal topics. For example, the entry on copyright law spans approximately 100 pages in American Jurisprudence. Legal encyclopaedias are also useful for understanding the background of an issue, as authors attempt to make arguments in law journal articles.
When searching for court cases, it is important to look up the chapter name alphabetically in the main volumes of the encyclopaedia. Each chapter is divided into numbered sections. It is also good practice to check the pocket supplements to each volume for the latest material and case notes.
There are several online legal encyclopaedias that can be used as research tools. For example, the Legal Information Institute (LII) at Cornell University Law School provides a legal encyclopaedia, among other primary legal materials. Zimmerman's Research Guide (LexisNexis) is another online encyclopaedia and collection of research guides. West's Encyclopedia of American Law is another example, which can be downloaded for free, with the option to add in-app purchases.
To narrow your search, you can select "Jurisprudences & Encyclopaedias" under "Publication Type" in the left sidebar. On Lexis, you can also click on "Secondary Materials" on the homepage, then select "Treatises, Practice Guides & Jurisprudence" under "Content Type".
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Register for a PACER account to access federal court records
Anyone can access PACER to view federal court records, but first, you need to register for a PACER account. The Public Access to Court Electronic Records (PACER) service provides electronic public access to federal court records. PACER provides the public with instantaneous access to more than 1 billion documents filed in all federal courts.
There is no fee to register for a PACER account. However, there is a fee to access court records once logged into PACER. The cost to access a single document is capped at $3.00, which is equivalent to 30 pages for documents and case-specific reports. The $0.10 per-page charge is based on the number of pages that result from each search and accessing each requested report or document online. The charge is not based on printing that search or document. 75% of PACER users do not pay a fee in a given quarter. If you accrue $30 or less in charges in a quarter, the fees are waived for that period.
For CurrentGen courts, you must register through the court, and the court must approve you as a filer. For NextGen courts, you must register through Manage My Account, and the court must approve you as a filer. You need to register for each court in which you wish to file. If you are an attorney, you must be admitted to practice in a specific court and registered to e-file with that same court to file court documents electronically.
When setting up an account for a user, it is important to use the correct date of birth (DOB) for the individual, as the DOB is permanent to the account. The PACER Service Center can assist you at (800) 676-6856 between the hours of 7 a.m. and 6 p.m. CT Monday through Friday or by email at [email protected].
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Contact the court directly for paper case files
If you are looking for paper case files, your best option is to contact the court directly. Most cases created before 1999 are maintained in paper format only and are available from the court where the case was filed or at one of the Federal Records Centres (FRCs).
You can access paper case files by visiting the Clerk's Office of the courthouse where the case was filed. Paper records that have not been destroyed or transferred to the National Archives and Records Administration (NARA) can be viewed for free at the courthouse. However, there is a per-page fee for printing or copying these documents.
If you are seeking a fee exemption from a single court and/or for non-research purposes, contact that court directly. Individual researchers working on defined research projects for scholarly work can use an attached form to request PACER fee exemptions from multiple courts.
All bankruptcy courts have a telephone information system, also known as the Voice Case Information System, which enables callers to obtain basic case information through a touch-tone phone. This service is free and available 24 hours a day.
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Frequently asked questions
You can find court cases by law by searching case law databases, such as CanLII, or by searching secondary legal literature, including legal encyclopaedias, case digests, commentary, journal articles, and books.
The most efficient way to search for a specific court case is by using the case number. If you don't have the case number, you can search using the first and last name of the involved parties.
You can locate federal court cases in the US by using the Public Access to Court Electronic Records (PACER) or by visiting the Clerk's Office of the courthouse where the case was filed.
Yes, individual researchers working on scholarly projects can request PACER fee exemptions from multiple courts. Alternatively, you can access paper case files from the court or Federal Records Centres (FRCs), or use the Voice Case Information System for bankruptcy courts.
The best practice for searching for case law by topic is usually to begin by searching secondary legal literature. Searching news databases can also be a good way to identify key cases on a particular topic.
