Anaya Nolan
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them. Statutes and regulations are subject to interpretation, and the courts often have to make determinations regarding the meaning of particular provisions. These judicial interpretations can serve as precedent in future cases. There are several ways to find case law regarding a statute. Westlaw, Lexis+, and Bloomberg Law are major case law databases that allow users to search for cases by topic or keywords. Westlaw also includes the West Key Number System, an index of American Law that uses topics and a number system to classify legal topics. Lexis+ also has a headnote system that allows researchers to find cases by topic. Annotated codes, such as those available through Westlaw and HeinOnline, provide useful context and links to related law and secondary sources. In addition, free online resources such as FindLaw and Justia provide access to state and federal court opinions, codes, and regulations.
| Characteristics | Values |
|---|---|
| Databases | Westlaw, Lexis+, Bloomberg Law, Nexis Uni, HeinOnline, FindLaw, Justia Law |
| Search methods | Natural language searching, terms and connectors searching |
| Search parameters | Jurisdiction, primary law type, topic, keywords |
| Search tools | West Key Number System, Lexis+ headnote system, Points of Law |
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What You'll Learn
Using databases like Westlaw, Lexis+, and Bloomberg Law
When it comes to finding case law regarding a statute, databases like Westlaw, Lexis+, and Bloomberg Law can be invaluable tools. These databases offer comprehensive legal research capabilities, providing access to a wealth of case law information. Here's a guide on how to utilize these databases effectively:
Westlaw
Westlaw is a popular legal research platform that offers a wide range of legal resources, including case law. To find case law regarding a statute on Westlaw, follow these steps:
- Start by accessing the Westlaw database.
- Utilize the search bar to look for the specific statute you're interested in. You can input the name or citation of the statute.
- Once you've located the statute, navigate to the "Notes of Decisions" tab. This section provides a curated list of cases that have interpreted the statute, organized by topic.
- Browse through the list of cases and select the ones that are most relevant to your query.
- For state-specific case law, Westlaw also offers annotated codes for individual states, providing access to state-level case law interpretations of statutes.
Lexis+
Lexis+ (formerly known as LexisNexis) is another powerful legal research database. Here's how you can use Lexis+ to find case law regarding a statute:
- Access the Lexis+ platform and log in if required.
- On the left side of the screen, locate the "Notes to Decisions" section, which is usually marked with a green box.
- Similar to Westlaw, the "Notes to Decisions" on Lexis+ is a curated list of cases organized by topic. Browse or search within this section to find cases related to the statute you're interested in.
- Additionally, you can click on "Citing Decisions" above the section information to find cases that specifically cite the code section you're examining.
- If you only know the popular name of the legislation (e.g., Affordable Care Act), consult a table of popular names to find the statutory citation or public law number before searching.
Bloomberg Law
Bloomberg Law, including its Tax module, offers unique features for finding case law:
- Utilize Bloomberg Law's Dockets: Bloomberg Law's Dockets feature is useful for locating specific case filings and understanding how a particular judge has ruled on similar cases. You can search within specific courts, judges, and causes of action to find relevant case law.
- Access Non-Tax Cases: Bloomberg Law provides access to non-tax cases through its BCITE citation tool. These cases include opinions from various courts, such as U.S. Circuit Courts, District Courts, and the Supreme Court.
- Explore Headnotes: Bloomberg Law's Tax Classification Outlines organize headnotes by topic, allowing you to browse or search for relevant headnotes and their related cases.
- Analyze with BCite: The BCite tool provides additional information on IRS agency documents, indicating references such as Positive, Distinguished, Caution, Superseded by Statute, and Negative. It offers a composite view of Direct History and Table of Authorities for a case.
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Search by jurisdiction, e.g. federal or state law
When searching for case law by jurisdiction, it is important to understand the hierarchy of the court system in the United States. At the top is the Supreme Court, which is the highest federal court in the country. Below this are the federal courts of appeals, followed by federal district courts. Each state also has its own judicial system, typically including trial and appellate courts, with the highest court in each state often referred to as the "supreme" court.
Federal case law can be found through the Public Access to Court Electronic Records (PACER) service, which provides access to federal court case information. PACER allows users to search for appellate, district, and bankruptcy court cases and docket information. The Federal Court Cases Integrated Database (IDB) is another free resource, providing case data for criminal, civil, appellate, and bankruptcy cases.
State case law can be found through resources such as FindLaw, which offers a free collection of state court opinions and laws. Westlaw also provides access to annotated codes for individual states, allowing users to browse state-specific case law.
It is worth noting that the format of statutes and regulations can vary by jurisdiction. For example, a codified federal statute typically includes a title number, an abbreviation of the code (such as "U.S.C." for United States Code), and a section number. When searching in databases, the section symbol (§) is often not required.
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Know the citation of the statute
If you know the citation of a statute, you can easily find relevant case law. Annotated codes, for example, provide useful context such as the history of the statute, links to related laws, and secondary sources that help clarify the topic. They also include cases that have interpreted that particular statute.
In the United States, the format of a statute or regulation varies by jurisdiction, but a codified federal statute can be structured as follows: Title number, abbreviation of the code (e.g., U.S.C. for United States Code), and section number. When searching in databases, the section symbol (§) is typically unnecessary.
If you are unsure of the format to use when typing in a citation, resources like HeinOnline can help. Additionally, LexisNexis and Westlaw provide annotated codes for states, and Westlaw also offers an annotated version of the Uniform Commercial Code (UCC).
To find a case with a citation, online databases such as Bloomberg Law, Google Scholar, Lexis Plus, Nexis Uni, Westlaw, and Westlaw Patron Access allow you to input the citation and retrieve the desired case. Each database may have specific requirements, such as a password or accessing the platform from a particular location or network.
It is important to note that some databases use the term "Notes of Decisions" or "Notes to Decisions," which refer to curated lists of cases organized by topic. These can be helpful in finding cases that interpret or apply to specific code sections.
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Search by keywords or topics
When searching for case law regarding a statute, searching by keywords or topics can be an effective strategy. Here are some tips to guide your search:
Natural Language Searching
This approach involves entering a string of keywords, similar to how you would search on a search engine like Google. The database's algorithm will then predict the relationship between the terms. While natural language searching can be used in most legal databases, it may not yield highly specific results. For instance, you can search for "case law regarding the XYZ statute" and the database will use your chosen keywords to find relevant results.
Terms and Connectors
Using specific terms and connectors can provide more precise results. This method allows you to specify the relationship between the terms, such as requiring them to appear in the same sentence or paragraph. For example, you might search for "case law" and "statute name" within the same sentence, which will give you results where these terms are mentioned together. This approach is especially useful when searching for specific interactions between legal concepts.
Using Headnotes and Topics
Some databases, like Westlaw and Lexis+, use headnotes and a classification system of topics (an index). Attorney editors summarize important legal points in a case and assign them to relevant topics in the index. These headnotes are typically found at the top of the case. This feature allows you to search for cases by browsing relevant topics and subtopics.
Key Number Systems
Westlaw's West Key Number System is a useful tool for finding case law on specific topics. This system uses a combination of topics and a number system to classify legal topics. The key numbers are organized hierarchically, starting with broad legal principles and narrowing down to specific topics. This system can help you find cases that have been categorized by their legal topics.
Annotated Codes
Annotated codes can provide valuable context when searching for case law related to a statute. These codes include information such as the history of the statute, links to related law, and secondary sources. They also often provide references to cases that have interpreted or applied the statute. By using annotated codes, you can gain a deeper understanding of the statute and easily access relevant case law.
By utilizing these strategies, you can effectively search for case law regarding a statute using keywords and topics. Remember that the specific tools and features may vary depending on the database or platform you are using.
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Consult a table of popular names
When searching for case law regarding a statute, consulting a table of popular names can be a helpful tool. A Popular Name Table translates the short title given to many laws into the citations that will help locate the law. These tables list the short titles of laws alphabetically along with their Public Law number, Statutory citation, and, if applicable, the citation to the section of the U.S. Code where the short title is listed.
Popular names tables or indexes link the popular name of a statute to its citation(s) in the United States Code. Sometimes, these tools also link the popular name with its Public Law number and/or Statute at Large citation. For example, if you are looking for the No Child Left Behind Act of 2001, you will see that its Public Law number is PL 107-110, its Statute at Large citation is 115 Stat 1425, and its location in sections 20 USCA 6301, 20 USCA 6052, 20 USCA 6053e, 20 USCA 6054b, etc. of the United States Code.
Popular names tables can be found on Westlaw and Lexis. Westlaw provides online versions of the Table of Popular Names for state codes. To access the Table of Popular Names for a specific state, enter the relevant State Statutes Annotated database on Westlaw. Then, click on the "State Statutes Popular Name Table" in the Tools and Resources box on the right side of the screen. Bloomberg Law and HeinOnline also provide popular names tables for the United States Code.
It is important to note that not all laws have short titles that qualify as popular names. For example, the USA PATRIOT Act will not be found in a Popular Name Table because USA PATRIOT is an acronym for the longer title "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". Additionally, some laws have common names that are misleading.
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Frequently asked questions
The format of a statute or regulation varies by jurisdiction. You can find case law by searching for a particular aspect of the statute along with links to cases and Key Numbers. You can also browse annotated codes available for states on Westlaw and LexisNexis for Law Schools.
If you only know the name by which the legislation is referred to, you can consult a table of popular names to find the statutory citation or public law number.
Some major case law databases include Westlaw, Lexis+, Bloomberg Law, Nexis Uni, and Justia.
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding on issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive.
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