Gavin Howe
Lawyers need to put their findings to specific use, whether it's to bolster ongoing litigation or understand previous cases before taking on a new client. They must back their arguments with solid legal research, and to do this, they need the best case law research tools. There are many free services, but these may not be 100% up-to-date. Paid services include Westlaw, Lexis, and Bloomberg Law, which pulls dockets directly from PACER, the electronic public access service for federal court documents. Other paid tools include citators, which list subsequent cases that have cited your source, and online legal research services.
| Characteristics | Values |
|---|---|
| Search Tools | Westlaw, Lexis, Google Scholar, Bloomberg Law, PACER, FindLaw |
| Search Parameters | Jurisdiction, Court, Party Name, Date, Number, Citation, History, Disposition, Core Terms, Summary, Headnotes, Overview, Outcome, Attorney Name, Judges, Written By, Opinion By, Opinion, Concurrence By, Concurrence, Dissent By, Dissent |
| Search Strategies | Utilize secondary sources such as law journals, practice guides, or legal encyclopedias; search for annotated statutes and regulations relevant to the legal issue; examine briefs filed in on-point cases |
| Considerations | Reliability, ease of use, comprehensiveness, timeliness of updates |
Explore related products
What You'll Learn
Using online legal research services
Online legal research services are an excellent way to find relevant case law. These services offer a wealth of resources, including case law, statutes, regulations, and legal journals, which can be used to research legal principles and specific areas of the law. They are designed to help legal professionals efficiently find and analyse legal information and offer advanced search capabilities, case analysis, and document management.
When choosing an online legal research service, it is important to consider the features that serve practical needs. For example, is the service reliable? Is it easy to use? Are its search functions thorough, and are its holdings up-to-date? While there are free services available, they may not be as reliable as paid services in terms of maintaining and modifying content. For example, a case decision that has been overturned may not be reflected on a free site, which could lead to a lawyer heading into a meeting with incomplete facts.
Some examples of online legal research services include Fastcase, CourtListener, Caselaw Access Project, FindLaw, Casetext, Justia, and the Legal Information Institute. Fastcase, for example, provides online access to case law, statutes, regulations, constitutions, court rules, and law review articles, making legal research and analysis faster and easier. It also offers paid desktop plans and a free mobile app. CourtListener, on the other hand, is a free legal research website sponsored by the Non-Profit Free Law Project, featuring millions of legal opinions from federal and state courts.
In addition to these specialised online legal research services, there are also free legal research sites that can be useful. These include the Law Library of Congress, which includes links to resources on U.S., foreign, and international law, and Zimmerman's Research Guide (LexisNexis), which offers an online encyclopedia and collection of research guides. Other useful sites include Google Scholar, which limits Google searches to academic sources, and Social Science Research Network (SSRN), which includes over 130,000 papers searchable by keyword, title, author, or date.
Understanding Pro Bono Cases: Legal Work, No Cost
You may want to see also
Explore related products
Finding annotated statutes
Annotated statutes are a great resource for legal research as they contain references to primary and secondary sources that are relevant to a particular code section. They include citations to cases interpreting the statute, regulations pertaining to the statute, and secondary sources discussing the statute.
To find annotated statutes, you can refer to the following sources:
Westlaw and Lexis
Both Westlaw and Lexis are databases that provide access to annotated codes. These databases contain reference lists that include citations to other secondary source materials, pertinent topics, and key numbers in case-finding tools like the West Key Number System. Westlaw also offers a "Jump to..." feature that allows users to navigate between different sections of the code.
Bloomberg Law
Bloomberg Law's United States Code database provides access to annotated codes. When searching for a relevant statutory section, clicking on the "Smart Code" tab will display cases that interpret the statutory language.
Loyola University Chicago Law Library
The Loyola University Chicago Law Library offers LibGuides, which are research guides for finding annotated statutes and secondary sources. These guides cover topics such as the differences between annotated and unannotated codes, the types of information included in annotations, and strategies for finding relevant cases.
Indiana University Law Library
Indiana University's Law Library provides similar research guides, offering strategies for finding cases using annotated statutes and secondary sources. They highlight the benefits of electronic legal research, which provides access to citator reports, allowing users to see all cases that have cited a particular statute.
UCLA School of Law Library
The UCLA School of Law Library's LibGuides provide an overview of statutory codes and annotated codes, explaining the variations in annotations based on the service or publisher used. They also offer guidance on working with code annotations and suggest referring to the pocket part or supplemental volumes for the most up-to-date information.
Woolridge Law: A Winning Track Record?
You may want to see also
Explore related products
Consulting secondary sources
When researching a legal principle that is new to you or an unfamiliar area of the law, consulting secondary sources is a good starting point. Secondary sources will cite important statutes and cases for you to subsequently peruse. They will also help you get a sense of the current law on a specific subject.
Some examples of secondary sources include law journals, practice guides, and legal encyclopedias. Westlaw Campus Research, for example, includes "Black's Law Dictionary; full texts of U.S. federal & state laws, regulations, & court opinions; hundreds of law journals from the 1980s forward; the KeyCite citator; the legal encyclopedia American Jurisprudence 2d; the ALR case-finding system; and European Union legal material".
You can also consult law librarians and library staff at institutions such as Stanford Law School's Robert Crown Law Library and Rutgers University. They can help you brainstorm useful search strings and direct you to relevant resources.
In addition to consulting secondary sources, you can search for case law through a variety of methods, such as an online legal research service. Google Scholar, for example, allows you to search the Internet for legal decisions, although it may not be as comprehensive or up-to-date as other databases like Westlaw.
It is important to note that while there are free services available, they may not always be up-to-date. Therefore, it is crucial to use reliable and reputable sources to ensure you have the most accurate and current information.
Chavez Law Group: Our Practice Areas
You may want to see also
Explore related products
Using Google Scholar
Google Scholar is a free and powerful tool for legal research, providing access to case law, legal articles, academic papers, and other resources. It is especially useful for those who do not have access to paid databases.
To get started, visit the Google Scholar website and select the "Case Law" option. You can then choose between Federal Courts, California Courts, or select a specific court from a larger list of all 50 state courts and available Federal Courts.
Once you've made your selection, enter your search terms or phrases in the search bar. You can use keywords, case names, or citations. For more precise results, use quotation marks around exact phrases. You can also use a minus (-) sign before a word to exclude results containing that term.
After your initial search, you can refine your results using filters. Google Scholar allows you to sort by date, relevance, and type. You can also filter by court type, such as federal or state courts, or specific jurisdictions.
Google Scholar also provides a “How Cited” feature, which lists other cases in the database that cite your chosen case. This can give you an overview of how your case has been treated by other courts and provide examples of how these cases have dealt with your case. However, this feature may not be as authoritative as those provided by subscription resources, and Google Scholar may not be as comprehensive as dedicated legal research platforms.
Additionally, some of the secondary sources that Google Scholar directs you to may be locked behind a paywall or login wall. In such cases, try accessing the article through your institution, a public library, or search for an open-access version on the publisher's website.
Labor Law Violations: Who Judges the Judges?
You may want to see also
Explore related products
Seeking expert advice
Hiring a Lawyer
When hiring a lawyer, it is essential to consider their experience and expertise in the specific area of law relevant to your case. Ask family, friends, or colleagues for recommendations, or check with your state and local bar associations. You can also consult lawyer referral services offered by your union or community group. It is advisable to talk to multiple lawyers before making a decision. Most lawyers offer a free initial consultation, but it is essential to clarify this beforehand. During the consultation, provide a concise summary of your legal situation and the desired outcome. Ask questions until you fully understand the agreement, including the payment terms. Get the agreement in writing and discuss your expectations, potential case strategies, and the work involved.
Contingency Fee Arrangements
If you cannot afford to pay a lawyer's retainer or hourly fees upfront, consider a contingency fee arrangement. In this structure, you pay the lawyer a percentage of the money you receive if you win the case. However, it's important to note that most states limit contingency fee arrangements to certain types of cases and set a "reasonable" percentage as the fee. Before agreeing, ensure you understand what is covered and what expenses you may still be responsible for, even if the case is unsuccessful.
Expert Witnesses
Expert witnesses are professionals in specific fields who evaluate and present their opinions to the court. They can significantly impact a case due to their high level of knowledge and credibility. When hiring an expert witness, look for individuals with extensive experience and credentials in the field relevant to your case. Request references, preferably from lawyers they have worked with, and recorded footage of their previous courtroom appearances to assess their performance. Additionally, inquire about their criminal history and any professional discipline they may have received to avoid potential credibility issues.
Online Legal Advice Services
Several online services, such as Which? Legal and Acas, offer paid or free legal advice in specific areas of law. These services can provide guidance, explain your legal position and options, and advise on your next steps. However, it is essential to note that these services may not constitute legal advice, and you may need to consult a qualified legal professional for specific guidance.
Case Law Control: Determining Factors
You may want to see also
Frequently asked questions
There are several online legal research services that can be used to search for case law. Some of the commonly used ones are Westlaw, Lexis, and Bloomberg Law. These services allow you to search for cases based on specific criteria such as jurisdiction, party name, court, date, and more.
Yes, Google Scholar allows you to search the Internet for legal decisions for free. However, it may not be as comprehensive or up-to-date as paid services. Additionally, free services may not always have the most current information, which can lead to issues if a case decision has been recently overturned.
If you are looking for a specific case or set of cases, you can conduct a segment search on Westlaw and Lexis. Additionally, you can use secondary sources such as law journals, practice guides, or legal encyclopedias as a starting point, as they will cite important cases and statutes for further exploration.
