Kara Sears
There are many ways to find case law by subject. The Library of Congress and the Texas State Law Library publish guides on how to find case law online, including how to search by subject. The University of Missouri Libraries also publish guides on methods of finding cases by topic. Westlaw and Lexis Advance are two popular databases that allow users to search for case law by topic, but they can be expensive. FindLaw offers a free collection of state and federal court opinions and case summaries, as well as thousands of informational articles to help users understand their options.
| Characteristics | Values |
|---|---|
| Websites | FindLaw, Westlaw, Lexis Advance, WestlawNext, Justia, American Law Reports |
| Features | Case summaries, jurisdiction-based browsing, informational articles, attorney search, opinions, U.S. Codes and Statutes, U.S. Constitution, U.S. Circuit Court of Appeals, state laws |
| Search Tools | Headnotes, West Key Number System, Topic Index, Browse Topics, Digest Documents, Topic Documents, Case Annotations, Notes of Decisions |
| Guides | Library of Congress, University of Missouri Libraries, Texas State Law Library |
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What You'll Learn
Using online databases like FindLaw, Westlaw, and Lexis Advance
Online databases such as FindLaw, Westlaw, and Lexis Advance provide efficient tools for finding case law by subject. Here's a detailed guide on how to utilize these databases effectively:
FindLaw
FindLaw.com is a freely accessible online database that offers a comprehensive collection of legal information. While it may not be as extensive as subscription-based databases, FindLaw provides a searchable database of Supreme Court opinions dating back to 1893 and an archive of opinion summaries from 2000 to the present. It also includes selected decisions from the U.S. Circuit Courts of Appeals from 1995 onwards. To find case law by subject on FindLaw, users can employ the full-text searching feature, entering relevant keywords and connectors to narrow down their results. Additionally, FindLaw provides a user-friendly interface for browsing cases by date and court, making it a valuable starting point for legal research.
Westlaw
Westlaw is a prominent subscription-based legal database that offers comprehensive case law research capabilities. It provides access to cases, statutes, and other legal sources. One of its key strengths is the West Key Number System, a robust tool for finding case law by topic. This system allows users to search within a specific topic or browse through a list of various topics. Westlaw also enables users to search by party name, citation, and jurisdiction. By utilizing the Advanced Search feature, users can refine their queries with connectors and filters, ensuring more precise results. Westlaw's headnotes, located at the bottom of documents or in the right column, provide valuable summaries of legal issues and facilitate the identification of additional relevant cases.
Lexis Advance
Lexis Advance, another prominent subscription-based legal database, offers robust tools for finding case law by subject. Similar to Westlaw, Lexis Advance provides headnotes, referred to as Case Notes, that summarize key legal issues and are assigned relevant topics and sub-topics. Users can browse the topic index or utilize the search box to find cases within their area of interest. Lexis Advance also offers the ability to search by party name, citation, and jurisdiction. The Topic Document feature allows users to explore a list of cases within a specific topic and narrow their search by jurisdiction or by searching within results. Additionally, Lexis Advance provides access to legal encyclopedias, treatises, and other secondary sources, making it a versatile tool for comprehensive legal research.
Utilizing Multiple Databases
It is worth noting that searching across multiple databases can yield more comprehensive results. While Westlaw and Lexis Advance are robust resources, they may not cover all cases or provide identical search functionalities. By using both databases in conjunction, along with free resources like FindLaw, researchers can maximize their chances of finding the most relevant case law pertaining to their specific subject of interest.
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Browsing by jurisdiction
Westlaw:
Westlaw, a comprehensive legal database, offers two primary methods for browsing case law by jurisdiction. Firstly, you can utilise the West Key Number System, which serves as an index to American Law. This system categorises legal principles by broad categories, narrowing down to specific topics, each assigned a unique Key Number. To use this feature, click on the "Browse" box, select the “Tools” tab, and then choose the West Key Number System. From there, you can either search or browse the list of topics. Don't forget that you can refine your search by selecting a specific jurisdiction at the top of the page.
Additionally, Westlaw provides annotated codes for states. To access these, simply click on the state you're interested in and browse its annotated code. This feature is particularly useful for understanding the context and interpretation of statutes within a specific jurisdiction.
Lexis+:
Lexis+, another prominent legal database, offers a user-friendly approach to browsing case law by jurisdiction. Start by accessing the “Topics” tab, which will direct you to the index of main topics. Here, you can either search for your specific jurisdiction using the "Search Topics" box or navigate through the available topics and their subtopics. Remember that Lexis+ also provides headnotes, which summarise important legal points in a case and are linked to specific topics in the index.
Lexis Advance:
When using Lexis Advance, begin by clicking on the “Browse Topics” option on the homepage. This will present you with a topic index, allowing you to either search with the provided search box or explore the list of top-level topics, which are further divided into sub-topics. You can also add specific topics to your search or refer to the "Finding Cases using Headnotes" section for additional guidance.
FindLaw:
FindLaw is a valuable resource for accessing case law collections. It offers two primary methods: searching for case summaries or selecting a specific jurisdiction to browse applicable laws. By choosing the latter option, you can scroll down and click on the jurisdiction that pertains to your research, allowing you to explore case law within that jurisdiction.
Bloomberg Law:
Bloomberg Law provides a unique approach to browsing case law by jurisdiction. It employs machine learning to identify legal principles, standards, and elements within court opinions. The system then matches and highlights these legal statements based on language similarity and frequency. You can access a list of Points of Law within a court opinion, offering a different perspective from the Westlaw and Lexis+ headnotes.
Other Resources:
In addition to the databases mentioned above, there are other resources worth considering when browsing case law by jurisdiction. These include Google Scholar, which offers legal opinions, and government websites like the U.S. Government Printing Office's FDSys, which provides access to select federal court opinions. Additionally, Fastcase provides access to cases, statutes, and other legal materials, while Findlaw.com offers a searchable database of Supreme Court opinions and summaries.
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Using case supplements and reference lists
Case supplements and reference lists are an effective way to find case law by subject. These are often found in legal encyclopaedias, such as Lexis and Westlaw, as well as in American Law Reports.
Legal encyclopaedias are a great way to locate citations for court opinions on a particular subject. They are arranged alphabetically by broad legal subject areas, such as Civil Rights or Constitutional Law, and provide summaries of what courts and laws have said, along with selected court cases and laws in footnotes.
Case supplements are often included as entries in legal encyclopaedias, providing a list of pertinent cases related to the subject matter. They may also include illustrations or descriptions of how an area of law is treated in one or two key cases.
Reference lists in legal encyclopaedias may include references to pertinent topics and key numbers in the West Key Number System, which is a case-finding tool. This system, developed in the 19th century, is essentially an index to American Law, using both topics and a number system to classify legal topics.
American Law Reports are another valuable resource, containing in-depth articles on legal topics, each with its own table of contents, index, and research references. The Table of Cases within these reports breaks down relevant cases, statutes, and court rules across multiple jurisdictions pertaining to the subject of the article.
It is also worth noting that some databases, such as Westlaw and Lexis+, use headnotes, which are short entries on legal issues found at the beginning of a case, to help identify related cases. By clicking on a West Key Number or a Lexis Topic Document link within a headnote, you can find additional cases falling under the same topic and key number.
In conclusion, case supplements, reference lists, legal encyclopaedias, and American Law Reports are all valuable tools for finding case law by subject, providing access to pertinent cases, topics, and research references.
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Exploring American Law Reports
American Law Reports (ALR) are a useful resource for anyone looking to find case law by subject. ALR articles provide summaries and analyses of the law in specific areas, including citations to relevant primary law and other secondary sources. They are particularly helpful for rapidly developing or controversial areas of law. Each article is a comprehensive research brief that summarises all the case law relevant to a specific legal point. The articles also analyse distinctions among cases, providing an objective analysis of both sides of an issue.
There are ten series of ALR: American Law Reports, 1st; 2nd; 3rd; 4th; 5th; 6th; 7th; Federal; Federal 2d; and Federal 3d. The first and second series are now primarily used for historical context, while the remaining series contain current information.
ALR annotations are published in the order that leading cases were decided, and there are several finding aids. The ALR Index indexes topics covered from ALR2d to the current series of ALR and all series of ALR Fed. The ALR Digest includes headnotes for reported cases and references to annotations. For topics covered by federal law, the Quick Index is a useful resource for finding annotations in ALR Fed. The Table of Cases or ALR Federal Table of Cases provides ALR references for a specific case.
Readers can also use references in American Jurisprudence, Corpus Juris Secundum, and state encyclopedias published by Thomson West to find a more detailed discussion in ALR. Additionally, ALR articles can be searched on Westlaw and Westlaw Thomson Reuters. Westlaw makes it easy to find the exact ALR article you need and links you to other relevant resources.
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Understanding headnotes and topic documents
Headnotes are summaries of the issues in a case, written by editors at Westlaw and Lexis. They are not part of the opinion and are typically found at the beginning of each opinion, helping readers quickly determine the issue(s) discussed in the case. For example, the third headnote of the U.S. Supreme Court opinion, Gideon v. Wainwright, 372 U.S. 335, describes the issue of whether an indigent defendant in a criminal prosecution in state court has a right to legal counsel.
Headnotes are assigned a broad topic, selected from a list of about 450 possibilities. Examples include Constitutional Law, Landlord and Tenant, Intoxicating Liquors, and Automobiles. Each headnote is also assigned a specific subtopic, such as Injury to Tenant or Occupant, and a key number. For instance, within the topic Constitutional Law, the key number for Appointment of Counsel is 4809. Each combination of a topic and key number represents a unique point of law.
Lexis headnotes are organised by broad topics and then progressively subdivided into narrower subjects. However, they tend to be broader concepts than the West key numbers. Lexis headnotes also do not editorialize, instead lifting language straight from the text of the case. Westlaw headnotes, on the other hand, may require clicking the "Change View" link to see the topic and key numbers.
Headnotes are excellent research tools for finding other cases that address similar legal issues. By using the West Key Number System, you can view other cases within or across jurisdictions that address similar issues by clicking on the corresponding key number hyperlinks. Similarly, Lexis provides links to headnotes embedded throughout the opinion, allowing you to navigate to the LexisNexis Headnotes section of the document.
Topic documents refer to the broad and narrow subjects assigned to headnotes. They provide a classification system to help users find cases on specific legal issues. For example, the headnote discussing the burden of proof for an intentional infliction of emotional distress claim falls under the broader subjects of Evidence and Torts, with the narrowest topics being Allocation (for burden of proof) and Elements (for the intentional tort of intentional infliction of emotional distress).
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Frequently asked questions
There are several ways to find case law by subject. You can use online databases such as FindLaw, Westlaw, and Lexis Advance. These databases offer different search functions to help you find relevant case law, such as browsing by topic or using headnotes and key numbers. Additionally, you can refer to legal encyclopaedias, American Law Reports, and annotated statutes to find references to pertinent cases.
FindLaw offers a free collection of state and federal court opinions, state laws, and the United States Code. It includes U.S. Supreme Court opinions, federal appellate court opinions, and state supreme, appellate, and trial court opinions.
Yes, there are free resources available for finding case law. In addition to the free content provided by FindLaw, the Library of Congress and the Texas State Law Library offer guides and resources for locating case law. Additionally, the University of Missouri Libraries provide online guides and tips for effective case law research.
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