Cecily Zamora
Determining the area of law a case belongs to is a fundamental aspect of legal research. Case law is a crucial tool for understanding the applicability and limits of a law, and it involves examining past judicial decisions and precedents. To identify the relevant area of law, researchers utilise case citations, which follow a structured format, to quickly locate specific cases. These citations are found in resources such as the United States Code Annotated, United States Code Service, and West's Digests. Additionally, understanding a court's jurisdiction, or its power to preside over a case, is essential. Jurisdiction can be general, limited, or exclusive, depending on the court's ability to handle different types of cases and the scope of its authority. Researchers must also consider the interplay between state and federal courts, as issues may overlap and require analysis from both perspectives.
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What You'll Learn
Understanding court jurisdiction
Firstly, general jurisdiction refers to a court's ability to hear and decide on a wide range of cases unless specifically denied by law or constitutional provision. For example, California superior courts are considered general jurisdiction courts. On the other hand, limited jurisdiction means a court has restrictions on the cases it can decide. For instance, small claims courts can only hear cases claiming damages of $10,000 or less.
Secondly, subject-matter jurisdiction refers to a court's authority to decide on a specific issue, such as a contract dispute or a civil rights issue. For example, bankruptcy courts have exclusive subject-matter jurisdiction.
Thirdly, personal jurisdiction refers to whether a court may hear a case involving a particular defendant. This is typically established by suing a person where they live or a business where it is located or conducts business.
Additionally, territorial jurisdiction is the court's power to bind the parties to the action. State court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fourteenth Amendment, while federal court territorial jurisdiction is determined by the Fifth Amendment.
Appellate jurisdiction refers to the power of a higher court to correct the errors of a lower court. For example, appellate courts hear appeals from parties seeking to change the result of a case heard at a trial court, but they do not answer questions of fact or review evidence.
Finally, concurrent jurisdiction means that two courts may share the power to hear cases of the same type arising in the same place.
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Using case citations
Case citations are an essential tool for legal professionals, providing a standardised system to identify past court case decisions. This system allows for easy retrieval of cases, whether in print or online, and helps legal professionals substantiate or contradict a given position. While the format of case citations varies across jurisdictions, they generally contain the same key information.
A case citation typically includes the following:
- Party names: The names of the parties involved in the case, with the plaintiff or petitioner's name listed first, followed by the defendant or respondent's name. In some jurisdictions, the order of the names may change on appeal.
- Name of the reporter: The law report or series of reports in which the case is published. Examples include the Federal Reporter in the US and the All England Reports in England and Wales.
- Volume number: The volume of the reporter where the case can be found.
- Page number: The page within the reporter where the case begins.
- Year: The year the case was decided. It is important to note that the publication year of the case may differ from the decision year.
For example, consider the case citation "Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011)". This citation identifies a case between Stearns (appellant) and Ticketmaster Corporation (appellee). The case can be found in volume 655 of the Federal Reporter, Third Series, starting on page 1013. It was decided by the United States Court of Appeals for the Ninth Circuit in 2011.
In addition to case law citations, statutory law citations are also important. Statutory laws are published in codes, such as the United States Code, and the citation format varies across state and federal systems. However, a federal statutory citation typically includes the Title of the Code, the abbreviation for the code, the section symbol, the section number, and the year of the code.
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Referencing case law
When referencing case law, there are several different styles that can be used, including APA, OSCOLA, and Harvard. The Bluebook is the citation guide that most lawyers adhere to. The style used will depend on the institution and its requirements. Here is a guide on how to reference case law in each style:
APA
The APA style requires the following elements when referencing case law:
- Case name (also known as the style of cause) in italics
- Year of decision in round brackets
- Volume
- Reporter title
- Page number
- Court abbreviation
For example: *R v Latimer (1995), 126 DLR (4th) 203 (Sask CA)*.
Additionally, when citing an electronic version of a decision, the name of the database or online source should be included. The URL is optional but can be included to aid the reader in retrieving the source.
OSCOLA
The OSCOLA guide provides specific instructions for citing EU cases. When referencing case law in OSCOLA, the following format should be used:
- Case number in roman numerals
- Name of the case in italics, with no punctuation
- Year in square brackets
- Reporter abbreviation
- Page number
For example: *Case T–344/99 Arne Mathisen AS v Council [2002] ECR II–2905*.
Harvard
The Harvard style guide suggests including the following elements when referencing case law:
- Name of the party
- 'v.'
- Name of the other party
- Year in round brackets
- Name of the court
- Case number
- Database or website
- DOI/URL
- Date accessed
For example: *Smith v. Health Services Executive (2013) Irish High Court, case 360. Courts Service of Ireland. Available at: https://www.courts.ie/acc/alfresco/10111491-b200-4d11-b9d5-0e2f81957bb6/2013_IEHC_360_1.pdf/pdf#view=fitH (Accessed 26 October 2021)*.
General Guidelines
When referencing case law, it is important to note that different jurisdictions may have their own specific guidelines and styles for citation. Additionally, the type of court case and the availability of a printed reporter can also influence the citation format. Here are some general guidelines:
- When citing a federal court case in the US, specify the court and circuit, if necessary.
- If a case is reported in a series, cite that report in preference to any other.
- If a judgment is not reported in the Law Reports, cite the Weekly Law Reports or the All England Law Reports.
- For unreported cases without a neutral citation, give the court and date of judgment in brackets after the case name.
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Applying legal research methods
Legal research is a complex and challenging task, requiring a systematic approach to navigate the vast array of laws, regulations, and precedents. When determining the area of law a case belongs to, researchers employ various strategies and tools to navigate the legal landscape efficiently. Here is a step-by-step guide to applying legal research methods:
Understanding the Legal Issue
The first step is to identify and understand the legal issue at hand. This involves carefully examining the facts of the case, defining the specific problem, and identifying the relevant legal principles and areas of law that may apply. This initial analysis sets the direction for further research.
Locating Relevant Cases
One of the most powerful tools for legal researchers is the ability to locate relevant case law. Case citations, which follow a structured format, are essential for quickly finding specific cases. Researchers can use case citations to locate cases in official and unofficial reporters, such as the United States Reports, Supreme Court Reporter, and Lawyer's Edition. These citations provide information on the volume and page number where the case can be found.
Utilizing Legal Databases
Legal databases such as Westlaw, Lexis Advance, and Bloomberg Law offer comprehensive resources for legal research. These databases provide access to case law, statutes, regulations, and secondary sources. Researchers can utilize search functions, browse topics, and leverage tools like West's Digests to locate cases by subject and jurisdiction. Additionally, features like headnotes provide short summaries of legal issues, enabling researchers to assess the relevance of a case before diving into the full text.
Exploring Secondary Sources
Secondary sources, such as legal encyclopaedias, American Law Reports, and treatises, offer valuable insights and analyses of the law. These sources often include references to key cases, statutes, and court rules across multiple jurisdictions, providing a broader understanding of the legal landscape. They can guide researchers towards relevant primary sources and help them navigate complex areas of law.
Analyzing Case Law
When examining case law, researchers should consider the jurisdiction and authority of the court. Appellate courts, for instance, rule on questions of law rather than reviewing evidence. Understanding the court hierarchy and the principle of stare decisis ("let the decision stand") is crucial, as higher courts' decisions bind lower courts in similar cases. Additionally, researchers should analyse the detailed facts of the cases, judicial interpretations, and how previous cases have been decided.
Navigating Court Systems
The court system can be intricate, especially with the parallel systems of state and federal courts. Researchers must determine whether the issue falls under federal or state jurisdiction, as each court system has distinct authority and scope. For example, the federal court system in the United States comprises specific circuits and the Supreme Court, while state courts have general jurisdiction over a wide range of cases unless prohibited by state law or allocated to federal courts.
By following these steps and utilizing the available tools and resources, legal researchers can effectively determine the area of law a case belongs to. It is important to remain adaptable, as legal research often involves iterative processes, refining search strategies, and exploring new avenues of investigation.
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Interpreting case headnotes
Headnotes are summaries of a point of law that appear at the beginning of a case. They are written by editors at Westlaw and Lexis and are excellent research tools to help find other cases that address similar legal issues. Headnotes are not legally binding and are separate from the actual judicial opinion. They are often published by legal publishers and are intended to serve as summaries to aid researchers in their study.
Headnotes are generally numbered to facilitate quick reference and easy navigation to find specific points. They are particularly useful when dealing with a large volume of case law or when researching specific points of law. Headnotes enable legal professionals, researchers, and students to quickly understand the key facts, issues, and rulings in a case without having to read the full judgment.
Headnotes are typically found at the beginning of each opinion and help the reader quickly determine the issue(s) discussed in the case. They are written by editors who read the case, identify the points of law discussed, and then summarize them using consistent legal terminology. Headnotes will often include the following:
- Title: This includes the case name, case number, court details, names of the judges, and the date of the judgment.
- Catchwords: These categorize the case by subject, making it easier for researchers to search for relevant case law. They often include legal areas (e.g., "Constitutional Law," "Criminal Law") and key facts of the case.
- Summary of Facts: A brief summary of the facts of the case in chronological order.
- Legal Issues: The questions of law that the court considered.
- Arguments: A summary of the arguments presented by both sides.
- Law Applied: The specific sections or acts that were involved in the case.
To find other cases that cite a particular headnote, click on the "Cases that cite this headnote" link located below the one-sentence summary of the point of law. Alternatively, you can use the West Key Number System or Lexis Topics to find cases from within or across jurisdictions that address similar issues.
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Frequently asked questions
Jurisdiction refers to the power of a court to hear and decide a case. There are several types of jurisdiction, including general jurisdiction, limited jurisdiction, exclusive jurisdiction, personal jurisdiction, and subject-matter jurisdiction. The jurisdiction of a case depends on the type of court and the nature of the case. For example, small claims court has limited jurisdiction and can only hear cases claiming damages of $10,000 or less.
State courts have general jurisdiction and can hear any controversy except those prohibited by state law or allocated to federal courts of exclusive jurisdiction. Federal courts have limited jurisdiction and can only hear cases that fall within the scope defined by the Constitution and Congressional statutes.
Case law refers to the judicial decisions from previous cases. You can find relevant case law by using legal databases such as Westlaw, Lexis Advance, and Bloomberg Law. These databases allow you to search for cases by topic, jurisdiction, and headnotes, which are short entries on legal issues found at the beginning of a case.
Case law and common law are sometimes used interchangeably, but they refer to different concepts. Case law is based on precedents, or past judicial decisions, while common law is based on statutes and regulations enacted by legislative bodies.
Case citations follow a structured format that includes information such as the case name, volume number, page number, and publication year. For example, the citation for Roe v. Wade is "410 U.S. 113 (1973)", indicating that the case can be found in Volume 410 of the United States Reports on page 113, and was decided in 1973.
