Anaya Nolan
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges in interpreting the law when deciding on new cases. There are several ways to find case law examples, including through online databases such as FindLaw, Westlaw, Lexis+, and Bloomberg Law. These databases offer access to case law from various courts, including the U.S. Supreme Court, U.S. Circuit Courts of Appeals, and state supreme courts. Westlaw's West Key Number System is a particularly useful tool for finding case law by topic or keyword, while Lexis+ and Bloomberg Law also offer headnote systems that allow for topic-based searches. Additionally, law libraries provide access to case law in print or through online legal databases, and law librarians can offer assistance in navigating these resources.
| Characteristics | Values |
|---|---|
| Databases | Westlaw, Lexis+, Bloomberg Law, FindLaw, and Justia |
| Searching Method | By topic or keywords |
| Tools | West Key Number System, headnote system, and Points of Law |
| Sources | Federal and state statutes or regulations |
| Case Information | Name, location, and year |
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What You'll Learn
Using databases like Westlaw, Lexis+, and Bloomberg Law
Westlaw, Lexis+, and Bloomberg Law are powerful databases that can be used to find case law examples. Each database offers advanced search features and filters to help you narrow down your search and locate relevant case law efficiently. Here's how you can use these databases effectively:
Westlaw
To find case law examples on Westlaw, start by selecting "Cases" on the homepage. From there, you can choose the specific jurisdiction you're interested in. If you're looking for a more targeted search, click on the advanced search option to access the advanced search form. This form allows you to include or exclude specific terms and search within document fields such as party name, court, date, number, citation, history, disposition, core terms, summary, and more. Additionally, Westlaw provides a "Cheat Sheet" to guide you in using terms and connectors to refine your search effectively.
Lexis+
Lexis+ (also known as LexisNexis) offers three primary methods for searching case law: Citation, Party, and Topic. When searching by citation, you'll need to know the legal citation, which consists of the volume, the abbreviation for the book or reporter, and the page number. You can enter this information into the "By Citation" field. If you don't know the legal citation, you can still search by party name. Lexis+ also allows you to search by attorney name or law firm representing one of the parties. Additionally, you can use the advanced search form to retrieve cases from a particular court or within a specific date range.
Bloomberg Law
Bloomberg Law provides access to a wide range of case law examples, including U.S. Circuit Court Tax Opinions, U.S. District Court Tax Opinions, U.S. Bankruptcy Court Tax Opinions, and more. To find specific cases, you can use the "Browse Full List" option or start typing the name of the court in the "Courts" box. You can select multiple courts to search simultaneously. Additionally, Bloomberg Law allows you to search using keywords, party names, and docket numbers. Keep in mind that Bloomberg Law pulls dockets directly from PACER, making it an excellent source for federal court filings. You will need an individual user ID and password to access Bloomberg Law, and certain document requests may incur charges for commercial accounts.
General Tips
When using these databases, consider the following tips:
- Utilize the advanced search features to narrow down your results and find more targeted case law examples.
- Pay attention to the specific search fields and filters offered by each database to refine your search effectively.
- Take advantage of the available resources, such as the Westlaw "Cheat Sheet," to improve your search strategies.
- If you need further assistance, you can always reach out to law librarians and library staff, who are knowledgeable and experienced in legal research.
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Utilising the West Key Number System
The West Key Number System is a classification system of U.S. law that indexes cases into over 400 topics and more than 98,000 legal issues. It is a comprehensive classification method used to organise legal cases by topic, enabling researchers to quickly locate cases relevant to a specific issue. The system was originally devised by West Publishing in the 19th century and has been expanded over time to include more topics. It is structured hierarchically, with legal issues first sorted into broad categories and then further divided into more specific legal points.
West editors identify the legal issues in cases and discuss each issue in a headnote. These headnotes are numbered, allowing users to navigate to the relevant section of the text easily. Each headnote is then assigned one or more topics and Key Numbers. A Key Number consists of a topic number, followed by a number to identify the issue within that topic. For example, the Key Number 349k28 refers to the topic of Searches and Seizures (349) and the issue of abandoned, surrendered, or disclaimed items (k28).
To utilise the West Key Number System, you can start by clicking on "Key Numbers" on the Westlaw homepage or typing "West Key Number System" in the search bar. This will lead you to a list of topics. You can then browse the topics or enter the system from a relevant case. If you have identified a relevant case, you can use the Key Number System to find other cases addressing the same legal issues. You can also use the filtering options to refine your results and locate cases classified under broader issues.
The West Key Number System is particularly useful when you want to find additional cases addressing a certain point of law or legal issue from other jurisdictions. The system includes all federal and state cases, which are organised using the same topics and points of law. This allows for efficient searches across different jurisdictions.
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Referring to US Supreme Court opinions
The United States Supreme Court is the highest judicial body in the country and acts as the "court of last resort". It receives thousands of petitions each year, out of which only about 100 are chosen for review by the nine justices. The court's primary role is to be the final arbiter on matters pertaining to the Constitution.
US Supreme Court opinions are readily accessible to the public through various online databases. FindLaw, for instance, offers a searchable database of Supreme Court decisions dating back to 1760. The database can be browsed by calendar year, party name, case title, or citation. Another resource is Justia, which also provides information on landmark Supreme Court cases and recent decisions.
These databases are valuable tools for legal professionals, students, and anyone interested in US law, as they offer a wealth of information on the Court's rulings and their impact on the country's legal landscape.
For example, one can find the landmark case of Marbury v. Madison (1803), which established the doctrine of judicial review. This case affirmed the power of the federal courts to declare legislative and executive actions unconstitutional, even if those actions are authorised by Congress. Another significant case is Hazelwood v. Kuhlmeier (1988), which affirmed the right of school administrators to edit the content of school newspapers, even in the face of First Amendment challenges.
By referring to US Supreme Court opinions, individuals can gain a deeper understanding of the Court's role, the evolution of US law, and the impact of these decisions on citizens' lives.
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Accessing state supreme, appellate, and trial court opinions
Trial courts, also known as courts of first instance, are where cases are first presented. They can be presided over by a judge or a jury, and involve the presentation of evidence and witnesses. Trial court rulings are generally not published or made publicly available. However, they can be accessed through transcripts, which are available through certain databases.
Appellate courts hear appeals from cases decided in trial courts. The appellate court decides questions of law based on the trial record, including pre-trial proceedings and trial transcripts. Appellate court decisions are published and reported in case reporters, as they may be used as future precedent. Databases such as Lexis and Westlaw contain appellate court opinions but do not include trial court transcripts.
State supreme court opinions can be accessed through various online databases. FindLaw, for example, offers a database of case law from several state supreme courts, as well as the U.S. Supreme Court and U.S. Circuit Courts of Appeal. It provides access to court opinions and blogs regarding recent Supreme Court events. Additionally, FindLaw offers a collection of case summaries for lower court opinions since 2000, providing a comprehensive resource for legal research.
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Understanding the difference between binding and persuasive case law
Case law, also known as precedent or common law, refers to the body of prior judicial decisions that guide judges in their decision-making. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive.
Binding case law refers to decisions made by higher courts that lower courts within the same jurisdiction are required to follow. For example, decisions made by the U.S. Supreme Court are binding on all federal and state courts, and decisions made by a circuit court are binding on the district courts within its jurisdiction.
On the other hand, persuasive case law refers to decisions that are not strictly binding but can still guide and influence a court's decision-making. For example, a decision made by a district court in one state may not be binding on a district court in another state, but the latter court may still find the former's reasoning persuasive and choose to follow it. Similarly, decisions from a state court of appeals may be treated as persuasive authority by a federal court when dealing with a case involving a state law issue.
It is important to note that while citing binding case law is generally preferred, there may be times when citing persuasive case law is necessary or advantageous. For instance, if there is little or no binding authority for a specific issue in a particular jurisdiction, relevant cases from outside that jurisdiction may be cited as persuasive authority. When citing persuasive case law, it is important to provide a rationale for why the court should follow that particular precedent.
To find examples of case law, one can refer to online databases such as FindLaw, which offers access to case law from the U.S. Supreme Court, U.S. Circuit Courts of Appeal, and several state supreme courts. Additionally, websites like Justia provide access to U.S. case law, court opinions, and decisions from both federal and state courts.
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Frequently asked questions
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges in interpreting the law.
You can find case law examples online through legal databases such as FindLaw, Westlaw, Lexis+, Bloomberg Law, and Points of Law. Law libraries also have cases in print or available online.
You can search for case law examples by using a citation, which tells you the name of the case, where to find it in a book, and the year it was decided. You can also search by topic or keywords using tools such as the West Key Number System on Westlaw.
Case law examples include information such as the name of the case, the court that decided the case, the date of the decision, and a summary of the legal issues and principles involved.
Whether a court must follow case law depends on factors such as the relationship between the deciding court and the precedent, the facts of the case, and the date of the decision. For example, decisions by the U.S. Supreme Court are binding on all federal and state courts.
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