Gavin Howe
There are several ways to check law cases, which vary depending on the jurisdiction. In the US, federal case files are maintained electronically and are available 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 cases. Additionally, the Library of Congress offers free access to case law from the U.S. Supreme Court and U.S. Circuit Courts of Appeal, as well as several state supreme courts. In California, many courts allow individuals to look up court cases online to find basic information such as the name of the parties and court dates. Case law, like legislation, can change over time, so it's important to check whether a case has been subject to subsequent judicial consideration and remains good law. This can be done through online services such as Westlaw and Lexis+, which offer Case Analysis and Case Overview documents, respectively. These documents provide information about where a case is reported, whether it has been judicially considered, and citations to other cases referred to in the case.
| Characteristics | Values |
|---|---|
| Case law sources | FindLaw, Westlaw, Lexis+, Library of Congress, Public Access to Court Electronic Records (PACER), National Archives and Records Administration (NARA), county courts, state supreme courts |
| Case law information | Case summaries, jurisdiction, court opinions, court decisions, case analysis, case overview, case history, appellate history, key cases citing, treatment of the case by later cases, case records, basic case information |
| Case law status | Good law, overruled, reversed, affirmed, approved, applied, disapproved, doubted, not followed |
| Case law access | Online, telephone, in-person |
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Online services
There are several online services that can be used to check law cases. These include:
PACER
PACER (Public Access to Court Electronic Records) is an internet-based service that provides access to federal case files. Anyone with an account can search and locate appellate, district, and bankruptcy court case and docket information. PACER also offers access to court opinions from various courts. Case files maintained in electronic format can be accessed through PACER, while those before 1999 are mostly maintained in paper format only.
FindLaw
FindLaw offers a free collection of state and federal court opinions, state laws, and the United States Code. It includes case law from the U.S. Supreme Court, U.S. Circuit Courts of Appeal, and several state supreme courts. FindLaw also provides informational articles to help users understand their legal options and find attorneys in their area.
Justia
Justia provides access to cases from the U.S. Supreme Court, U.S. Circuit Courts of Appeal, U.S. District Courts, and several state courts. It allows users to search by keyword and jurisdiction or browse through a list of cases by court and date.
Public Library of Law (PLOL)
The PLOL offers cases from the U.S. Supreme Court (from 1754 onwards), U.S. Circuit Courts of Appeal (mostly from 1951 onwards), and state cases (from 1997 onwards). It provides a keyword search function and advanced options to narrow down results by court and date.
Google Scholar
Google Scholar is another resource for accessing state and federal cases.
Court Websites
Many courts have websites with an "online services" section or similar, where users can look up case information and access available records. However, some case records may not be available online due to privacy or confidentiality concerns. In such cases, individuals can contact the court clerk or visit the courthouse for more information.
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Courthouse
In the United States, there are several ways to check on a law case. The specific steps depend on the type of case and the state or county in which the case is being heard.
If you are a party to a case, you can access case records on a computer at the courthouse. If you are a member of the public, there may be limits on what you can access. In California, for example, the public may only view certain records at the courthouse to protect individual privacy rights.
Some court records are not available online. For example, you can only find limited information about divorce or criminal cases on a court's website. Case records are available at the courthouse, but some types of cases or records are confidential. For example, adoption records or cases in juvenile court are confidential. Only the parties in the case, their attorneys, or other authorized people will be able to get information about the case or see the court file.
In Texas, each court is responsible for keeping its own records. Some courts make their records available online, but you may need to contact the court clerk to get access and pay a service fee. Some counties make their court records searchable on the county clerk's website. Larger counties with online databases include Bexar, Collin, Dallas, Denton, Harris, Tarrant, and Travis counties. To access records that aren't online, contact the district clerk's office.
In Virginia, there is online access to the case management system for the Supreme Court of Virginia and the Court of Appeals of Virginia. Cases may be searched using a name or case number. There is also online access to a statewide search of adult criminal case information in the juvenile and domestic relations district courts, criminal and traffic case information in general district courts, and select circuit courts.
Online
Many courts allow you to look up court cases online to find basic information like the names of the parties, what documents have been filed, and whether there are any court dates. Go to the court's website where the case was filed. Most courts have a section on their website called "online services" or something similar, where you can find information about whether you can look up a case online and what types of records are available.
Public Access to Court Electronic Records (PACER)
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. You can register for a PACER account and use the PACER Case Locator if you are unsure which specific federal court the case was filed in. Case files may also be accessed from the public access terminals in the clerk's office of the court where the case was filed.
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Telephone information systems
Many courts now allow people to look up basic case information online, such as the name of the parties, what documents have been filed, and any scheduled court dates. However, if this information is not available online, it may be possible to obtain it over the phone from a court clerk.
In the United States, all bankruptcy courts have a telephone information system, also known as the Voice Case Information System (VCIS). This system enables callers to obtain basic case information through a touch-tone phone. VCIS is free to use and available 24 hours a day. To access the system, call (866) 222-8029.
The Public Access to Court Electronic Records (PACER) service also provides electronic public access to federal court records. Anyone with an account can search and locate appellate, district, and bankruptcy court case and docket information. To register for a PACER account, visit their official website. The PACER Service Center can also be contacted 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].
Please note that while some court records are available online, others are not, due to privacy concerns. For example, only limited information about divorce or criminal cases is typically provided on a court's website.
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Law libraries
Law Library of Congress
The Law Library of Congress is a renowned law library that offers extensive resources for legal research. It provides access to digitized volumes of the U.S. Reports, dating back to 1754, through its digital collections. Additionally, the Law Library of Congress website features research guides and databases that help users find case law for free. These guides include links to state court websites and online repositories of state court decisions. Access to HeinOnline and Nexis Uni is also provided, but usage may be limited to the Law Library Reading Room.
FindLaw
FindLaw is another valuable resource for checking law cases. It offers a free collection of state and federal court opinions, state laws, and the United States Code. FindLaw's Learn About the Law section provides thousands of informational articles to help individuals understand their legal options and find attorneys in their area. Additionally, FindLaw for Legal Professionals offers a searchable database of U.S. Supreme Court decisions since 1760, allowing users to browse by year, case party, case title, citation, and more.
Caselaw Access Project (CAP)
The Caselaw Access Project, as part of its mission to make U.S. court decisions freely accessible, provides free access to official, book-published U.S. case law. This project has digitized 360 years of case law data, sourced from the Harvard Law Library, making it a valuable online law library.
Public Access to Court Electronic Records (PACER)
PACER is a service that provides electronic access to federal case files. Individuals can create an account to search and locate appellate, district, and bankruptcy court cases. Court opinions are available for free on PACER, and certain court opinions can also be accessed for free through a partnership with the U.S. Government Publishing Office (GPO).
Other Online Law Libraries
In addition to the libraries mentioned above, there are several other online law libraries and legal research tools available. These include Fastcase, CourtListener, Casetext, Justia, and the Legal Information Institute (LII) at Cornell Law School. These tools offer access to case law, statutes, regulations, court rules, and legal dictionaries, making legal research more accessible and efficient.
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Case status
To check the status of a law case, you can either search online or visit the courthouse where the case was filed.
Searching Online
Many courts allow you to look up court cases online to access basic information such as the names of the involved parties, filed documents, and court dates. To do this, you can visit the court's website or use an online service. However, it is important to note that not all types of records are available online due to privacy concerns. For example, you may only find limited information about divorce or criminal cases on a court's website.
Visiting the Courthouse
If the case information is not available online, you may need to visit the courthouse to access the records. You can do this either by using a court computer or by requesting the information from a court clerk. Additionally, all bankruptcy courts have a telephone information system, known as the Voice Case Information System, which enables callers to obtain basic case information through a touch-tone phone, free of charge and available 24 hours a day.
Using PACER
The Public Access to Court Electronic Records (PACER) is an online service that allows anyone with an account to search and locate federal court case and docket information. There is a fee of $0.10 per page to access a file through PACER, with a maximum charge of $3.00 per document. However, fees are waived for those accruing less than $30 in a quarter. Court opinions are available for free on PACER, and some courts also provide access to court opinions from appellate, district, and bankruptcy courts in a text-searchable format at no fee.
Checking Case Status
To check whether a case can still be relied on as good law, you can refer to the 'Case Overview' or 'Case Analysis' documents. These documents often include sections such as 'Case History', 'Cases referring to this case', 'Appellate History', and 'Treatment', which indicate whether the case has been overruled, reversed, affirmed, or otherwise considered. A red warning icon may also be displayed for cases that are no longer considered authoritative.
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Frequently asked questions
You can check the status of a law case online, by visiting the courthouse, or by contacting the court clerk. Websites such as PACER, FindLaw, Westlaw, and Lexis+ provide access to court opinions and case-related documents.
Basic information about a case, such as the name of the parties, court dates, and documents filed, can be found online or at the courthouse. To access specific case files, you will need to know the courthouse where the case was filed.
A case may be considered good law if it has been affirmed, applied, or approved by a higher court. It may no longer be considered good law if it has been overruled, reversed, disapproved, or doubted by a higher court. This information can be found in "Case Analysis" or "Case Overview" documents on Westlaw or Lexis+, respectively.
Free case law can be accessed through the Library of Congress and FindLaw. The Library of Congress provides free access to case summaries and applicable laws by jurisdiction. FindLaw offers a free collection of state and federal court opinions, state laws, and the United States Code.
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