Cecily Zamora
There are several ways to access case law. In the US, case law can be accessed through the Public Access to Court Electronic Records (PACER) service, which allows users with an account to search and locate federal court case information. Additionally, the website FindLaw offers a free database of case law from the U.S. Supreme Court, U.S. Circuit Courts of Appeal, and several state supreme courts. In the UK, case law can be accessed through the Library of Congress, which provides access to case summaries and applicable laws based on jurisdiction. The University of Strathclyde also offers a guide on how to find and use case law, which includes access to UK cases, UK and Scottish legislation, and EU materials.
| Characteristics | Values |
|---|---|
| Database | FindLaw, PACER, Westlaw, Lexis, HeinOnline, BAILLI, HUDOC database |
| Jurisdiction | US, UK, Scotland, EU |
| Court | Supreme Court, Circuit Courts of Appeal, Federal Records Centers (FRCs), High Court, Court of Session, Sheriff Court, Court of Justice of the European Union, Court of Human Rights |
| Content | Case summaries, opinions, decisions, transcripts, court records, case files |
| Date | From 2003 onwards, before 1999 |
| Cost | Free, $64 fee for document retrieval from Federal Records Center |
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What You'll Learn
Using online databases
There are several online databases that provide access to case law. These include both free and subscription-based services, catering to different needs and preferences. Here is an overview of some notable options:
FindLaw
FindLaw is a comprehensive database offering free access to case law from the U.S. Supreme Court, U.S. Circuit Courts of Appeal, and several state supreme courts. It includes court opinions, case summaries, statutes, legal news, and RSS court updates. The platform also features a legal search engine and provides informative articles to help users understand their legal options.
HeinOnline
HeinOnline is an online database that includes U.S. case law, with access to the U.S. Supreme Court Library and Early American Case Law. However, access to HeinOnline is typically limited to patrons in the Law Library Reading Room.
Westlaw
Westlaw is a well-known legal research platform that offers access to case law and other legal resources. While it may come at a cost, it provides comprehensive coverage of U.S. federal and state case law, as well as international case law in some instances. Westlaw is a robust tool for legal professionals and academics.
LexisNexis
LexisNexis is another prominent legal research provider, offering access to case law, statutes, regulations, and other legal materials. It includes Zimmerman's Research Guide, an online encyclopedia with research guides, and its services offer enhanced searching capabilities for primary legal materials. LexisNexis typically comes with a subscription fee.
Government Websites
Government websites are increasingly making court decisions available to the public. The U.S. Government Publishing Office's govinfo website provides access to select federal court decisions from 2004 to the present. Additionally, websites of individual federal and state appellate courts often provide access to their recent decisions. The Law Library of Congress also offers digitized volumes of the United States Reports, further enhancing access to case law through government sources.
Justia
Justia is a free legal research site that includes case law, statutes, regulations, articles, and opinion summaries. It also provides limited access to Federal District Court dockets. Justia covers state constitutions, cases, and legislative resources, although the extent of coverage may vary by state.
These online databases provide valuable access to case law, aiding legal professionals, students, and the general public in their research and understanding of the law.
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Search by names of parties
If you are looking to access case law and only have the names of the involved parties, there are several methods you can use to find what you are looking for.
Firstly, you can use a legal database such as LexisNexis, Westlaw, or Bloomberg Law (BLAW). On LexisNexis, you can use the name segment search tool to search by party names. To search by segment, use this structure: "name [insert party name here] AND name [insert second party name here]". If you simply start typing in party names in the search box without using the name segments, Lexis will also automatically populate case suggestions, but the results are less exact than searching by segment. On Westlaw, you can follow a similar procedure by clicking on "Select Sources" within the search bar, then clicking on "Advanced Searches" and choosing the first option, "Court Opinions". Type the party names into the "Party" field. Westlaw also provides full-text access to a variety of legal information, including many UK cases, UK and Scottish legislation, a number of UK legal journals, and EU materials. Westlaw's Journals search provides abstracts from articles from UK-published journals, including articles not available in full text on Westlaw. Non-UK material is available by following the link to 'Westlaw International' from the homepage. Bloomberg Law includes customised Practice Centres for various areas of law and includes in-depth legal analysis, filings, judicial opinions, real-time and archival news, and company and biographical information in a single, integrated database.
If you only have the name of one party, you can still search for it on LexisNexis and Westlaw. You can also use Google Scholar to find cases by party name. From the Google Scholar page, enter the name or names that you know in the search box. Make sure the "Case Law" button is activated below the search box. You can select your case's jurisdiction if you know it on the main Google Scholar search page.
Additionally, you can look up the case by the first party name in an alphabetical list, starting with the earliest volume and working through each volume until you find the case. If you know the year the case was reported, you can go straight to the volume covering the relevant period. If it is a Scottish case, make sure you look in the Scottish sequence at the back of the Citator. If it is a case from the last year, look in the "Cumulative Table of Cases" in the most recent issue of the "Current Law Monthly Digest".
Finally, if you are looking for a federal court case in the United States, you can locate it 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. Federal case files are maintained electronically and are available through the internet-based PACER service. PACER allows anyone with an account to search and locate appellate, district, and bankruptcy court case and docket information. Court opinions are available for free on PACER to anyone with an account.
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Jurisdiction-based search
To conduct a jurisdiction-based search for case law, you can use online databases such as Westlaw, Lexis, PACER, FindLaw, CourtListener, Caselaw Access Project, Google Scholar, and Justia. These databases offer access to case law from various jurisdictions, including federal and state courts in the United States.
When using Westlaw, start by selecting "Cases" on the homepage, followed by your jurisdiction of interest. To refine your search further, click on the Advanced link next to the search bar, which allows you to include or exclude specific terms and select relevant document fields such as date, party name, citation, court name, and judge, among others. Similarly, on Lexis, navigate to the "Cases" page, choose your jurisdiction, and then click on "Advanced Search" to access more specific search options.
PACER (Public Access to Court Electronic Records) is another valuable resource for accessing federal case law. It requires creating an account and offers access to appellate, district, and bankruptcy court cases and docket information. Court opinions are available for free on PACER, and older cases from before 1999 are accessible in paper format.
FindLaw provides a database of case law from the U.S. Supreme Court, U.S. Circuit Courts of Appeal, and several state supreme courts. It offers both basic and advanced search options, including search filters for court, legal topic, industry, date, docket number, and party name.
CourtListener, sponsored by the Non-Profit Free Law Project, is a free legal research website with millions of legal opinions from federal and state courts. It allows users to research important cases, stay updated with developing case law, and conduct deep analysis using raw data.
Additionally, Google Scholar and Justia are also recommended as good resources for searching state and federal cases for free.
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Via telephone information systems
Accessing case law via telephone information systems is a convenient option for those seeking basic case information. Most bankruptcy courts in the United States offer access to case information through the Voice Case Information System (VCIS), also known as the Multi-court Voice Case Information System. This system is accessible via a touch-tone phone and provides callers with free and confidential case details 24 hours a day.
To utilize this system, individuals can dial (866) 222-8029. Once connected, they will be guided through a series of menus and prompts to retrieve the desired case information. The system may require users to input specific case numbers or other identifying information using the touch-tone keypad. It is important to note that the Multi-court VCIS offers limited information, primarily providing case numbers, filing dates, and participant details.
For more comprehensive case law research, individuals can also consider using the PACER (Public Access to Court Electronic Records) system, which offers a wealth of court records and documents. While PACER is primarily accessed online, it also provides automated case information for the U.S. Supreme Court and bankruptcy courts via phone. This service can be reached by calling the PACER Service Center at (800) 676-6856 during their operating hours of 7 a.m. to 6 p.m. CT, Monday through Friday.
It is worth noting that the PACER system generally requires users to register for an account, which can be done through their official website. This account enables individuals to access case information from appellate, district, and bankruptcy courts across the nation. Additionally, PACER provides a Case Locator tool that assists users in finding specific federal court cases, even if they are unsure of the court where the case was filed.
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Using search and analysis tools
The development of technology has made legal research faster, more comprehensive, and current. Lawyers can now choose from a variety of search and analysis tools to access case law.
While choosing a search tool, it is important to consider its reliability, ease of use, and whether the content is up-to-date. Some tools are free, while others are paid, and each has its own advantages and disadvantages. For instance, free tools may not always be up-to-date, while paid tools may offer more advanced search functions.
Some of the best free legal research tools include Fastcase, CourtListener, Caselaw Access Project, FindLaw, Casetext, Justia, and the Legal Information Institute. Fastcase, for example, provides access to case law, statutes, regulations, constitutions, court rules, and law review articles. CourtListener features millions of legal opinions from federal and state courts, which can be searched by case name, topic, or citation. The Caselaw Access Project (CAP), on the other hand, offers free access to all official, book-published US case law from 1658 to June 2018.
Paid tools like Westlaw, Lexis+, and Bloomberg Law offer more advanced features and comprehensive legal information. Westlaw, for instance, provides access to a wide range of legal information, advanced technology, and editorial enhancements. Lexis+ has a headnote system that allows users to find cases by topic, and Bloomberg Law includes in-depth legal analysis, filings, judicial opinions, and real-time news.
Other notable resources include Google Scholar, which provides access to state supreme court and appellate decisions, and the Library of Congress, which provides on-site access to court decisions through Nexis Uni and Westlaw Patron Access.
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Frequently asked questions
You can access case law in the UK through the following databases:
- Westlaw
- Lexis
- HeinOnline
- BAILII
- HUDOC database
You can access case law in the US through the following databases:
- FindLaw
- PACER
- Westlaw
Some databases such as FindLaw and BAILII are free to access. However, there may be fees associated with retrieving certain documents. For example, there is a $64 fee to retrieve a document from the Federal Records Center in the US.
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