Anaya Nolan
There are several ways to find case law on a specific topic. One way is to use a case law research tool such as Westlaw Australia, which contains full-text unreported judgments from Australian courts and tribunals, or FindLaw, which offers a database of case law from the U.S. Supreme Court and U.S. Circuit Courts of Appeal, as well as several state supreme courts. These tools allow users to search for cases by keyword, citation, or jurisdiction. Additionally, users can browse case law by series, jurisdiction, or practice area, and use case citators if searching for a case by subject rather than a specific case. It is also possible to search full-text judgment databases, which can be useful if you do not have access to subscription-based case research tools.
| Characteristics | Values |
|---|---|
| Search Tools | FindLaw, Westlaw Australia, Lexis+ Australia, AustLII, Queensland Legal Updater Weekly |
| Search Methods | Keyword Search, Advanced Search, Browsing by jurisdiction or practice area, Browsing by series |
| Search Fields | Catchwords, QLI Subject Heading, Case Summaries, Case Citations |
| Other | Verify if case law is still applicable, Subscribe to case law alerting services |
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What You'll Learn
Use a case law research tool
There are several case law research tools available, both free and paid, that can aid in finding case law on a specific topic. These tools offer features such as advanced search capabilities, alerts for new case law, and access to a wide range of legal information.
Westlaw, for example, is a well-known case law research tool with an extensive case law database and advanced search features. It provides access to a wide range of legal information, including litigation history, summaries of key cases, and specific areas of law. Westlaw also offers Westlaw Precision with CoCounsel, which includes editorial enhancements and advanced technology to improve the speed and quality of research.
LexisNexis is another option with a vast collection of legal resources, including statutes, case law, and secondary sources. It also provides complete case details such as parties involved, court information, judges, citations, and decision dates.
Other tools include Bloomberg Law, which integrates legal research with news and business intelligence tools; Fastcase, known for its comprehensive legal research database and unique visualization tools; and HeinOnline, which has an extensive collection of legal journals, historical legal documents, and government publications.
Free tools are also available, such as CourtListener, which offers millions of legal opinions from federal and state courts, and the Caselaw Access Project (CAP), providing free access to official US case law. FindLaw also offers free online legal content, including case law, case summaries, statutes, and legal news.
When choosing a case law research tool, it is important to consider your specific needs and the features that will be most valuable to your research process. Maintaining subject matter competency by staying up-to-date on the latest developments in your practice area through legal journals and blogs can also enhance your legal research capabilities.
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Search by citation
When searching for case law by citation, there are several methods you can use. Firstly, you can utilise electronic reporters, which offer search functions that can find cases from a range of reporter citations. However, it's important to note that the inclusion of parallel citations may vary depending on the court, so checking the court's local rules for citation requirements is essential.
If you have the citation, simply enter the volume, reporter, and first page of the case into the search box. Alternatively, if you're using a public domain citation format, input the year, court designator, and opinion number. This can be done on databases such as Lexis+ or Westlaw. For example, in Westlaw's BLAW, type the citation into the main search box and wait for the database to retrieve your citation.
Additionally, if you're searching for Australian case law, you can use the KeyCite citation research service to verify if a case is still considered good law and to find citing references. This service can be accessed through Westlaw Australia and includes tools like KeyCite Flags, KeyCite History, and KeyCite Citing References.
Another option is Google Scholar, which offers a free method to find case law online. You can search by entering a citation into the search box and then use the facets on the left to narrow your results by jurisdiction.
Finally, if you only know the parties involved in the case, you can search for them in any legal database, such as LexisNexis, which offers access to current law students, faculty, and staff.
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Search by party name
When searching for case law by party name, you can use a variety of online tools and databases. Westlaw Edge, for example, allows you to search for cases involving a particular party name by using the global search bar at the top of the page. Simply type in the name you are looking for, and the case you want will often appear as a suggestion. Another way to search by party name on Westlaw Edge is to use the "Advanced" search option. Once the Advanced Search screen appears, scroll down to the "Name/Title" section and enter the party's name.
Another option is to use the Public Access to Court Electronic Records (PACER) service, which allows anyone with an account to search and locate federal court cases, including appellate, district, and bankruptcy court case information. PACER also provides access to court opinions from many appellate, district, and bankruptcy courts for free. Additionally, the Federal Court Cases Integrated Database (IDB) provided by the Federal Judicial Center offers case data (not documents) for criminal, civil, appellate, and bankruptcy cases, which can help refine your search.
In Australia, you can use resources like Westlaw (Australia) and Casebase (LexisNexis Butterworth - Australia) to search for case law by party name. Westlaw (Australia) allows you to research the litigation history of a particular case, read summaries, and explore a particular area of law. Casebase provides complete case details, including party names, court information, judges, citations, and decision dates.
When searching by party name, it is important to use specific terms that reflect the key ideas of your research topic. For example, instead of searching for a general term like "duty of care," you might search for "in pari delicto" or "equal fault." Additionally, consider using advanced search features to filter your results by specific dates, courts, or tribunals, in addition to party names. This can help narrow down your search and find the most relevant case law for your needs.
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Search by jurisdiction
When searching for case law by jurisdiction, it is important to understand the hierarchy of courts within a given jurisdiction. For example, in the United States, the highest court is the U.S. Supreme Court, followed by lower federal courts such as the U.S. Courts of Appeals, U.S. District Courts, and others. Each state also has its own judicial system, with the highest court in each state often referred to as the "supreme" court, although there are exceptions, such as in New York and Maryland.
In Australia, case law research tools such as Westlaw (Australia) and Casebase (LexisNexis Butterworth - Australia) provide comprehensive information on court decisions, including the jurisdiction and practice area. Queensland Legal Indices Online is another resource that covers Queensland courts and tribunals.
To find case law within a specific jurisdiction, one can utilize online databases and tools, such as the Public Access to Court Electronic Records (PACER) in the United States, which provides access to federal court cases. Similarly, the Federal Court Cases Integrated Database (IDB) offers free access to case data for criminal, civil, appellate, and bankruptcy cases.
In Australia, the KeyCite citation research service helps verify if a case is still considered good law and provides citing references through KeyCite Flags, History, and Citing References. Additionally, full-text judgment databases are available for unreported judgments from Australian Commonwealth and state courts, providing free access to relevant jurisdiction and court case law.
By understanding the court hierarchy and utilizing the appropriate online tools and databases, one can effectively search for case law within a specific jurisdiction.
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Search full-text judgment databases
There are several freely-available options for finding case law online through Law Library of Congress research guides. The Law Library of Congress guide helps users find freely-available options for tracking down electronic case law. On-site at the Library of Congress, patrons may access court decisions through Nexis Uni (formerly LexisNexis Library Express). The Law Library Reading Room provides public access on-site to Westlaw Patron Access (which includes court decisions indexed using West's Key Number System) and Bloomberg Law Patron Access.
The Library of Congress has also created freely-available legal research guides that can help researchers locate online case law sources. The Administrative Office of the U.S. Courts provides a federal court finder tool to locate the websites of individual federal courts, many of which include the text of recent decisions from that court. The U.S. Government Publishing Office's govinfo website provides access to select federal court decisions from 2004 to the present.
Additionally, many individual federal and state appellate courts' websites provide access to recent decisions issued by that court. The Federal Judicial Center provides the Federal Court Cases Integrated Database (IDB) for free, which has case data (not documents) for criminal, civil, appellate, and bankruptcy cases that can help researchers refine their requests. CourtListener is a free legal research website containing millions of legal opinions from federal and state courts. With CourtListener, lawyers, journalists, academics, and the public can research an important case, stay up to date with case law as it develops, or do deep analysis using raw data.
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Frequently asked questions
There are several ways to find case law on a specific topic. You can use a case law research tool such as Westlaw Australia, LexisNexis Butterworth, or Queensland Legal Indices Online. Alternatively, you can explore free online resources such as FindLaw, which offers a database of case law from the U.S. Supreme Court and Circuit Courts of Appeal, as well as state supreme courts.
When searching for case law online, it is helpful to use specific keywords that reflect the essential ideas of your research topic. You can also search for cases by citation, which is a unique identifier, or by party name, although you should be aware that party names are not unique, so you will need to verify other details such as date, judge, and court.
Yes, there are several free resources available for finding case law. In addition to FindLaw, you can access free full-text judgment databases, such as the Supreme Court of Queensland Library, or subscribe to case law alerting services like the Queensland Legal Updater Weekly alert.
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