Cameron Miranda
Common law is a body of law that is primarily developed through judicial decisions rather than statutes. It is deeply rooted in stare decisis, which means that courts follow precedents established by previous decisions. In common law systems, these precedents are maintained over time through court records and are historically documented in collections of case law referred to as yearbooks and law reports. Law reports are published accounts of legally significant cases and can be found in print or online. To find common law cases, one can refer to law databases, citators, and libraries with print sources of case law. These sources provide access to case law from various jurisdictions, including U.S. federal and state law, and common law countries.
| Characteristics | Values |
|---|---|
| Type of source | Printed or online |
| Format | Full-text or summary |
| Content | Judgment, ruling, decision, opinion |
| Jurisdiction | US, UK, Australia, etc. |
| Location | Library, database, online catalogue |
| Tools | Citators, indexes, filters |
| Access | Free or subscription |
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What You'll Learn
Using citators to track case history
Citators are a useful tool for tracking the history of a case and understanding its subsequent applications. They provide a comprehensive view of a case's journey and its impact on legal precedent. Here are some ways you can use citators to effectively track case history:
Understanding Citators
Firstly, it is important to understand what a citator is and how it works. A citator, such as the CCH Citator, is a tool that helps legal professionals track the history and development of a case through the legal process. It provides insights into whether a case is still considered current law, identifies other cases that may have built upon or interpreted it, and offers an analysis of the ruling's standing in the legal landscape.
Using Citators for Case History
When using a citator, you will need to input specific information about the case you are researching. This typically includes the name of the case or ruling, which can be found in legal databases or open-access resources like CanLII. Additionally, you may need to provide a reference to a relevant paragraph in a publication that summarises the case's key issues. This information helps the citator identify the specific case you are interested in.
Tracking Case Development
Citators can reveal how a case has progressed through the court system. They identify prior and subsequent documents, decisions, and other court rulings related to the case. This information helps determine if the case has proceeded to a higher court and if there are any new developments that might impact the original ruling. Citators also indicate if a case has been overruled, abrogated, or affirmed by subsequent rulings.
Identifying Related Cases
Citators are valuable for understanding the broader impact of a case. They list court cases and rulings that significantly interpret, apply, or comment on the cited case. This feature helps legal professionals identify cases that have built upon the original ruling, clarified its application, or established new legal precedents based on its principles. By examining these related cases, you can trace the evolution of legal interpretations and understand the current standing of the original case law.
Assessing Currency of Case Law
Citators also assist in determining whether a case or ruling is still considered good law. They provide insights into whether the case has been overturned, modified, or superseded by subsequent legal developments. This information is crucial for legal professionals to ensure they are relying on current and applicable case law in their research and arguments.
In summary, citators are powerful tools for tracking case history and understanding the broader implications of legal rulings. They provide a comprehensive view of a case's journey through the legal system, its impact on subsequent cases, and its standing in the current legal landscape. By using citators effectively, legal professionals can make more informed decisions and stay up-to-date with the dynamic nature of case law.
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Finding law reports and digests in libraries
Law reports and digests are essential resources for legal research, offering valuable insights into case law and legal concepts. They can be found in libraries, both in print and online formats, providing comprehensive information for legal professionals, students, and researchers. Here's a guide to finding law reports and digests in libraries:
Identifying Law Reports and Digests
Law reports and digests are distinct types of legal publications. A law report is a published account of a legally significant case, including full-text judgments or summaries. Digests, on the other hand, are publications that contain concise summaries, known as headnotes, of the legal issues discussed in reported cases. These headnotes are organised by topic, making it easier to find specific legal issues across multiple cases.
Library Classification Systems
When searching for law reports and digests in libraries, understanding the classification system is crucial. Libraries typically assign classmarks, a unique combination of letters and numbers, to their print materials. At the Institute of Advanced Legal Studies (IALS) Library, for example, law reports are identified by the letter "G" in the middle of the classmark, while digests are denoted by the letter "H". Knowing these designations helps streamline your search within the library's collection.
Using Library Catalogues
Most libraries provide online catalogues that allow users to search for law reports and digests. Utilise the catalogue's search functions by entering relevant keywords, jurisdictions, and classmarks. For instance, if you're looking for law reports from a specific jurisdiction, enter the corresponding classmark followed by ".G" to narrow down your results. Similarly, for digests, use "H" after the classmark. Subject headings assigned to materials in the catalogue can also guide your search.
Consulting Guides and Databases
Libraries often provide research guides and databases that facilitate the process of finding law reports and digests. These guides offer instructions on using classmarks, jurisdiction filters, and citation indexes. For instance, if you have a citation for a reported case, you can use an index of legal abbreviations to decipher the citation's abbreviation and then perform a title search on the library catalogue. Additionally, databases like Westlaw and Lexis offer access to digests and reporters, which are collections of cases that provide comprehensive insights into specific legal issues.
Combining Online and Print Resources
It's beneficial to utilise both online and print resources during your legal research. Online databases, such as Google Scholar, provide access to the full text of cases, while also offering search functionalities for specific terms, citations, and statutes. Meanwhile, print sources in libraries offer a comprehensive overview of case law, with reporters providing headnotes and digests for efficient case location. Combining these resources ensures a thorough understanding of the legal topic at hand.
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Locating cases in online databases
- FindLaw: This database offers a collection of case law from the U.S. Supreme Court, U.S. Circuit Courts of Appeal, and several state supreme courts. It includes court opinions, summaries, and related news.
- Justia: This website provides access to state and federal court opinions, state laws, and the United States Code. It covers decisions from the U.S. Supreme Court, federal courts of appeals, and includes case summaries.
- Lexis+: Available through the IALS Library, Lexis+ provides full-text law reports from various jurisdictions, including the USA, UK, EU, Australia, Canada, and New Zealand.
- Westlaw: Westlaw is another database accessible through the IALS Library, offering full-text law reports from the USA, UK, Canada, and the EU.
- World Legal Information Institute (WorldLII): This database catalogs over 15,000 law-related websites worldwide, providing access to a vast array of legal information.
- Library of Congress: The Library of Congress provides access to digitized volumes of U.S. Reports, as well as free legal research guides to help locate online case law sources.
- HeinOnline: This database includes U.S. Supreme Court case law and Early American Case Law.
- Government Websites: Many government websites, such as the U.S. Government Publishing Office's govinfo website, provide access to select federal court decisions. Individual federal and state appellate court websites also often share their recent decisions.
When searching for cases in online databases, it is helpful to have relevant information such as party names, citation, judge's name, date of judgment, or court details. Utilizing the jurisdiction filter on database platforms can also aid in narrowing down your search to specific regions. Additionally, legal research guides, such as those offered by the Law Library of Congress, can provide valuable assistance in navigating and locating case law sources.
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Using jurisdiction filters to find case law
Westlaw and Lexis are two of the most commonly used tools for finding case law. Westlaw is a large legal database with both primary and secondary sources. It includes a KeyCite citator and West Key Number System for case law. Lexis also has a headnote system that allows researchers to find cases by topic.
To find case law using jurisdiction filters, you can follow these steps:
- Click the "All Jurisdictions" dropdown box on the main search bar.
- Choose the jurisdiction(s) you want to limit your results to.
- Click on the "All Content" dropdown box and select "Cases" to limit your results to case law.
- Enter your search terms in the search bar.
- Use additional filters to further narrow your results, such as date or specific terms.
It is important to note that jurisdiction is not the only factor to consider when searching for case law. The topic or keywords, the court hierarchy, and the date of the case are also important factors that can help refine your search.
Additionally, other tools like Bloomberg Law and CourtListener can also be used to find case law. Bloomberg Law uses machine learning to identify legal principles and pull dockets directly from PACER, while CourtListener is a free legal research website with millions of legal opinions from federal and state courts.
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Understanding the difference between transcripts and law reports
Transcripts and law reports are two types of documents that contain information about a court case. While both documents contain the judgment of the court, they have different purposes and target audiences.
A transcript is a verbatim and written record of a court's judgment. It is produced by court reporters, who are certified professionals with specific qualifications. Transcripts are created using a device called a "stenotype", which is a special keyboard designed to form letter combinations. Transcripts are the first record of proceedings and are considered official documents. They are produced much faster than law reports and tend to be a more complete record of proceedings. However, they lack analysis and are not considered as valuable as law reports. Transcripts are useful for lawyers who want a full picture of the trial deliberations.
On the other hand, a law report is a highly processed and edited account of a case. It is written by law reporters, who are trained barristers and solicitors, to produce precise and accurate reports of judgments. Law reports are always published in a series and contain all the components of information found in a transcript, along with additional elements. These additional elements include a brief introduction to the case, known as the "facts paragraph", which provides the full names of the parties and outlines the nature and history of the proceedings. Law reports also include catchwords, which identify the position of the case in a taxonomy of legal subject matters and encapsulate the issues in abbreviated form. Law reports are published by independent publishing houses, which means that not every case will be reported, potentially leading to information gaps.
In summary, transcripts are produced by court reporters and focus on providing a verbatim record of the court's judgment, without analysis. They are useful for those seeking a complete and official record of the proceedings. Law reports, on the other hand, are written by law reporters and offer a processed and edited account of the case, including additional information and analysis. They are published in series by independent publishers and are useful for those seeking a concise and precise summary of the case, along with its implications.
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Frequently asked questions
Common law, also known as judicial precedent, judge-made law, or case law, is the body of law primarily developed through judicial decisions rather than statutes. Common law is deeply rooted in stare decisis, meaning "to stand by things decided", where courts follow precedents established by previous decisions.
There are several ways to find common law cases. One way is to use a citator, a tool that allows you to search for information about cases, track their history, and determine if they are still good law. You can also search for cases in print or online through a law library or database. Additionally, you can refer to published law report series, which are usually available through subscription databases or Legal Information Institute websites.
To find a common law case, it is helpful to know the jurisdiction, the citation or abbreviation of the case, and the relevant statutes and principles involved. Knowing the country where the case was heard is important, as common law can vary across different jurisdictions.
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