Kara Sears
Finding a case in a law library can be a daunting task, but with the right tools and knowledge, it becomes much easier. Law libraries typically organize their materials using a classification system, with print materials assigned unique classmarks indicating their subject matter and location. Case law, or law based on judicial decisions, can be found in law reports and digests, which are shelved together with other materials from the same jurisdiction. These can be identified by specific letters in the middle of their classmarks. Additionally, many law reports are now available in online databases, with some institutions providing free access to court decisions. This guide will explore these methods and more to help you navigate law libraries and find the case law you need.
| Characteristics | Values |
|---|---|
| Case law sources | Printed sources, online databases, government websites |
| Printed sources | Law reports, digests, transcripts of judgments |
| Online databases | Westlaw, Lexis+, HeinOnline, Nexis Uni, Bloomberg Law, Casetext, RECAP, PACER |
| Government websites | U.S. Government Publishing Office, Law Library of Congress, Administrative Office of the U.S. Courts |
| Research guides | GW Law Library, Georgetown Law Library, IALS Library, Elisabeth Haub School of Law |
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What You'll Learn
Using primary and secondary sources
When conducting legal research, it is essential to understand the difference between primary and secondary sources and how to use them effectively. Primary sources are the law itself, as created and issued by government entities, and include constitutions, statutes, administrative rules and regulations, and court cases. Secondary sources, on the other hand, are materials that discuss, analyse, critique, and explain the law. They provide valuable context and insights but are not the law itself. Examples of secondary sources include legal encyclopaedias, treatises, law journals, and legal dictionaries.
Primary sources are crucial as they represent the actual law that governs a particular jurisdiction. They are the foundation upon which legal arguments and interpretations are built. When searching for a specific case in a law library, you are primarily looking for primary sources, namely, the records of court cases and the decisions made by judges. These primary sources can be found in law reports, which are published accounts of court cases. Some law reports are "authorised", meaning the judge who wrote the decision checked the details before publication. However, even "unauthorised" reports, where the judgment is not checked, can be used in a court of law.
While primary sources are essential, secondary sources play a critical role in legal research. They help locate and identify relevant primary sources, provide citations to specific cases, and offer valuable context and analysis. When starting your research, it is often advisable to begin with secondary sources. They can provide a broad overview of a legal topic, define key terms, and point you towards relevant primary authorities. For example, legal encyclopaedias offer a general introduction to a topic and include footnotes to relevant statutes, case law, and other primary authorities. Similarly, legal treatises provide in-depth discussions of specific areas of law with references to primary sources.
Law journals or law reviews are another valuable type of secondary source. They include well-researched articles that analyse specific legal issues and contain extensive footnotes pointing to relevant primary authorities and other secondary sources. While law journals may focus on narrow topics, they can be excellent resources for specialised or cutting-edge subjects. Databases such as Lexis Advance, Westlaw, and HeinOnline provide access to a wealth of law journal articles. Additionally, government and organisational websites, as well as blogs, can offer easily accessible secondary sources, although it is crucial to evaluate their credibility and potential biases.
In conclusion, when finding a case in a law library, a combination of primary and secondary sources is essential. Primary sources provide the actual records of court cases, while secondary sources help navigate and understand the complex landscape of case law, directing researchers to relevant cases and providing critical context and analysis. By utilising both types of sources effectively, legal researchers can efficiently locate and understand the cases relevant to their specific inquiries.
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Online databases
There are numerous online databases that can be used to find a case in a law library. These databases often provide access to case law, case summaries, statutes, regulations, articles, and court opinions. Some databases are freely available, while others require a subscription or are limited to specific patrons or locations. Here is an overview of some commonly used online databases for finding case law:
- Westlaw: Westlaw is a comprehensive database that provides full-text law reports and case law from various jurisdictions, including the USA, UK, Canada, and the EU. It allows for full-text searching and offers the ability to search by citation or party name. Westlaw is accessible to patrons on-site at the Library of Congress through Westlaw Patron Access.
- Lexis+ (LexisNexis Library Express): Lexis+ offers full-text law reports and case law from multiple jurisdictions, such as the USA, UK, EU, Australia, Canada, and New Zealand. It also enables full-text searching and provides access to secondary sources, making it easier to locate relevant cases. Lexis+ can be accessed on-site at the Library of Congress.
- Bloomberg Law: Bloomberg Law is a database that provides access to case law and dockets, and has its own citator system for updating cases. It is available to patrons at the Law Library Reading Room, with access limited to one user at a time.
- HeinOnline: HeinOnline offers a diverse range of legal resources, including case law from the U.S. Supreme Court Library, early American case law, and a collection of English Reports spanning 1220 to 1867. It also hosts the New York Court of Appeals Records and Briefs collection.
- Google Scholar: Google Scholar provides access to legal opinions, including Supreme Court opinions since 1791 and U.S. appellate, district, and bankruptcy opinions since 1923. It offers advanced search features and the ability to narrow results by jurisdiction.
- FindLaw: FindLaw is a legal research site that includes case law, case summaries, statutes, legal news, and RSS court updates. It also provides searchable access to Supreme Court opinions since 1893 and an archive of opinion summaries.
- Justia: Justia offers state constitutions, cases, legislative resources, statutes, regulations, articles, and opinion summaries. Coverage varies by state.
- Government Websites: Official government websites, such as the U.S. Government Publishing Office's govinfo website, provide free access to select federal court decisions and publications. Individual federal and state appellate court websites also offer access to recent decisions.
- FLAG Foreign Law Guide: This database is useful for locating cases from foreign jurisdictions. It inventories primary legal materials from academic and national libraries around the UK.
- World Legal Information Institute (WorldLII): WorldLII provides access to over 15,000 law-related websites from around the world, including links to freely available online reports and judgments.
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Free and low-cost resources
The Law Library of Congress provides access to a vast collection of legal resources, including digitized bound volumes of the U.S. Reports from 1754 to 2012. The Library of Congress has also digitized volumes of the United States Reports, making them available to the public as part of its digital collections. Additionally, the U.S. Government Publishing Office's govinfo website offers access to select federal court decisions from 2004 onwards.
The Library of Congress also provides a Guide to Law Online, which includes links to U.S., foreign, and international law resources. This guide also offers links to state-related online resources, such as state court websites and repositories of decisions issued by state courts. Furthermore, the Law Library of Congress offers research guides to help locate free case law on the internet using Google Scholar, CourtListener, Caselaw Access Project, FindLaw, and Justia.
Other free legal research websites include the Caselaw Access Project (CAP), which aims to make all published U.S. court decisions freely available to the public online. CAP includes all official, book-published United States case law. RECAP is another free resource, providing an online archive and a free extension for Firefox and Chrome that enhances the experience of using PACER, the electronic public access system for U.S. Federal District and Bankruptcy Courts.
For U.S. Supreme Court cases, the Georgetown Law Library offers research guides and treatise finders, while the Emory Law Library provides links to free electronic resources related to secondary sources, foreign law sources, and U.S. federal, state, and local primary sources. The Harvard Law Library also has a wealth of legal research guides and a legal web search function.
Additionally, the Yale Law Library offers a Country by Country Guide to Foreign Law Resources, linking to both free and fee-based resources. The World Legal Information Institute provides access to databases and a catalog of over 15,000 law-related websites worldwide.
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Using LexisNexis
LexisNexis is a discovery service that provides access to a vast collection of legal information and resources, including case law, statutes, regulations, and more. It is commonly used by legal professionals, students, and researchers to find specific cases, conduct legal research, and stay up-to-date with the latest developments in the legal field. Here is a step-by-step guide on how to find a case using LexisNexis:
Accessing LexisNexis:
Go to the website of your institution or organization, as LexisNexis is often accessible through academic or legal libraries. For example, at Alliant International University, click on the 'Databases' link under the 'Research' section on the library homepage. From there, find and click on the LexisNexis Academic link.
Using the Basic Search Function:
- If you know the case name, simply enter it into the Search box. For two-party cases, enter the party names separated by a lowercase "v," such as "Jones v Clinton." The order of the names does not matter, and LexisNexis will find matches regardless of the case's name format.
- If you know the specific topic or legal issue addressed in the case, you can search for it by using relevant keywords. LexisNexis will search for singular, plural, and possessive forms of your terms. For example, searching for "first amendment" or "free speech" will yield results related to those topics.
Using the Advanced Search Function:
- Click on Advanced Search to access more specific search options. From there, you can select Select a specific content type and then choose Cases.
- If you know the docket number, use the "NUMBER" segment field to retrieve the case. Enter the numbers in the "Number" field and the court in the "Court" field.
- To find cases with specific party names, use the "Party Name" segment field. You can enter the names of both parties or just one party if you don't know the other.
- To find cases with a specific attorney or law firm involved, use the "Attorney Name" segment field and enter their name.
- To retrieve cases from a particular court, use the "Court" segment field and enter the court's name or jurisdiction. You can also specify a date range to narrow down your search to more recent cases.
- If you need to find cases written by a particular judge, use the "Edit in Advanced Search" option to include the judge's name in your search criteria.
Remember that LexisNexis provides access to a comprehensive database of legal information. With its advanced search functions and case recognition technology, you can find relevant cases quickly and efficiently.
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Locating law reports
The Law Library of Congress has created freely available legal research guides that can help researchers locate online case law sources. The Library of Congress has also digitized volumes of the United States Reports and makes them available to the public as part of its digital collections. The U.S. Government Publishing Office's govinfo website provides access to select federal court decisions from 2004 to the present.
The IALS Library at the Institute of Advanced Legal Studies provides guidance on how to find cases in print and online. All print materials at the IALS Library are assigned a classmark, which designates what kind of material it is and where it is shelved. Law reports can be identified by the letter G in the middle of the classmark. The library also has a catalogue where you can run a search for material with a classmark indicating it is a law report or digest from the jurisdiction you are interested in.
Legal periodicals provide articles on a wide variety of law topics and can be used to locate law articles. There are two major legal periodical indexes: the Current Law Index and the Index to Legal Periodicals. The Current Law Index can be searched by author, title, and subject, while the Index to Legal Periodicals can be searched by author and subject. Each index includes a table of statutes and a table of cases.
Finally, there are several online databases that provide access to case law, such as Lexis+, Westlaw, and Bloomberg Law. These databases offer full-text law reports from various jurisdictions.
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Frequently asked questions
Many law reports are available in online databases. You can search for cases by citation or keyword.
You can visit a law library in person and ask for assistance. The Library of Congress, for example, provides access to Westlaw Patron Access and Bloomberg Law Patron Access on-site.
You can try searching for cases in free online databases, such as the Caselaw Access Project, which makes all published U.S. court decisions available to the public online. You can also try using RECAP, a free Firefox and Chrome extension that provides access to millions of searchable PACER documents.
A law report is a published account of a case law. Only legally significant cases are included in a series of law reports.
At the IALS Library, for example, printed sources of case law are shelved with other materials from the same jurisdiction. All print materials are assigned a classmark, which designates what kind of material it is and where it is shelved. Law reports can be identified by the letter G in the middle of the classmark.
