Gavin Howe
There are several ways to find similar law cases. One way is to use online databases such as Westlaw, Lexis Advance, Fastcase, or FindLaw. These databases offer different search functions, such as using keywords and phrases, natural language phrases, or Boolean operators to find relevant cases. Another way is to use print resources, such as legal textbooks or journals, which may provide references to similar cases. Additionally, many jurisdictions provide free access to case law and legal resources on their websites, although the availability of these resources may vary. Lastly, seeking the assistance of a law librarian or a legal practitioner may be beneficial in navigating the complex world of case law research.
| Characteristics | Values |
|---|---|
| Databases | Westlaw, Lexis, CaseText, Fastcase, FindLaw, Bloomberg, Google Scholar, PACER, HeinOnline |
| Database Features | Keyword and phrase search, Boolean operators, wildcard characters, proximity connectors, natural language search |
| Database Content | Case opinions, case summaries, court decisions, state laws, U.S. Code, U.S. Constitution, U.S. Supreme Court opinions, U.S. Federal Appellate Court opinions, U.S. State Supreme Court opinions, U.S. Circuit Courts of Appeal opinions |
| Database Access | Free, paid, library membership, law firm subscription |
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What You'll Learn
Using online databases such as Westlaw, Lexis, and Fastcase
Westlaw, Lexis, and Fastcase are powerful online tools for finding similar law cases. They offer extensive databases of case law, statutes, regulations, and other legal resources.
Westlaw
Westlaw is known for its vast case law database and advanced search features. It provides general fields for searching, including a "topic" and "synopsis" field, which can be particularly helpful in finding relevant cases. Westlaw also allows for full-text searching of case law and the use of connectors such as "AND" and "OR" to combine search terms. It also allows searching by party name, which can provide more relevant results than a simple text search. Additionally, Westlaw assumes the jurisdiction you want to search within and allows you to add, change, or remove jurisdictions as needed.
Lexis
Lexis, also known as LexisNexis, offers a vast collection of legal resources, including statutes, case law, and secondary sources. It provides full-text searching capabilities and allows for searching by party name, jurisdiction, and topic. Lexis uses headnotes to track cases, and lawyers often use this feature to find additional cases on specific legal issues. It is important to note that headnotes are created by editors and should not be cited in legal writing.
Fastcase
Fastcase is a comprehensive legal research database that provides online access to case law, statutes, regulations, constitutions, court rules, and law review articles. It is known for its unique visualization tools and integration with Clio, which helps users monitor their time spent on legal research. Fastcase offers both paid desktop plans and a free mobile app, making legal research more accessible. It also has the most member benefit deals with bar associations among legal research providers.
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Searching with keywords and phrases
When searching for similar law cases, it is important to use specific legal phrases and terms. Using generic terms such as "plaintiff", "defendant", "motion", or "court" will yield irrelevant results as these words are too common in court opinions. Instead, use a specific phrase such as "motion for reconsideration" by putting the phrase in quotes, which tells the database to look for that specific motion.
You can also use proximity connectors to narrow your search. For example, if you want to find the phrase "motion for reconsideration" within 10 words of the word "granted", you would search for "motion for reconsideration"/10 granted. If you start with a very restrictive search, you might miss out on potentially helpful cases, so it is recommended to start with a broad connector like /p (same paragraph) and then narrow your search from there.
Another way to broaden your search is by using root expanders. For example, if you are searching for "impeachment", you can use the exclamation point (!) to tell the database to look for all variations of the word, such as "impeached", "impeaching", and so on.
Additionally, you can use the "search within results" bar to further narrow your results. For example, if your initial search for "copyright"/p (phrase and song) returned too many results, you can enter additional terms in the "search within results" bar to limit your results to cases discussing the copyrightability of phrases in rap music.
Finally, you can filter your results by a particular jurisdiction by either selecting the court(s) of interest in the "Search:" dropdown box or by running a search and then filtering the results. Westlaw, for example, includes the West Key Number System, which is an index of American Law that uses both topics and a number system to classify legal topics.
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Using Boolean operators for precise searches
Boolean operators are simple words or symbols (including but not limited to AND, OR, NOT, quotation marks, parentheses, and asterisks) used to combine or exclude keywords in a search query, resulting in more focused and relevant results. They are case-sensitive, and AND, OR, and AND NOT should all be capitalised.
These operators allow you to refine searches, making them more precise and relevant. They help define the relationship between search terms in a query, allowing you to combine or exclude keywords and phrases, thus narrowing or broadening your search results.
The AND operator is the most fundamental Boolean operator. It is used to narrow down your search results by ensuring that all the terms you are searching for are included in the results. When you use AND, you are asking the database to return documents that include both terms. For example, the search statement "search AND seizure" will retrieve only results that contain both the words "search" and "seizure".
The OR operator is used to broaden a search and retrieve records containing any of the words it separates. For example, the search statement "search OR seizure" will retrieve results that contain the word "search" or the word "seizure", but not necessarily in the same document.
Parentheses are used to group search terms and control the order in which the operators are applied. This is particularly helpful when you have multiple operators in a query, as it helps structure the logic of your search. For example, if you want to search for documents that contain either "negligence" or "malpractice" in the context of hospitals, use: (negligence OR malpractice) AND hospital. This search will first look for documents that contain either "negligence" or "malpractice" and then narrow down the results to those that also mention "hospital".
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Locating free case law online
There are several ways to locate free case law online. FindLaw, for instance, 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. Its content includes U.S. Supreme Court Opinions, U.S. Supreme Court Centre, U.S. Federal Appellate Court Opinions, and U.S. State Supreme, Appellate and Trial Court Opinions.
FindLaw also has a feature called 'Learn About the Law', which includes thousands of informational articles to help users understand their options and find an attorney in their area.
Another option is CourtListener, a free legal research website sponsored by the Non-Profit Free Law Project. CourtListener contains millions of legal opinions from federal and state courts, allowing lawyers, journalists, academics, and the public to research important cases, stay up to date with case law, and perform deep analysis using raw data.
The Library of Congress also offers guidance on how to find free case law online. Researchers can either run a search for case summaries or select a jurisdiction to browse applicable laws.
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Finding similar cases in specific jurisdictions
Selecting a Database
Start by choosing an appropriate legal database or website that provides access to case law. Examples include Westlaw, Lexis Advance, Justia, FindLaw, and the Public Library of Law (PLOL). Some of these platforms may require a subscription or be restricted to specific users, such as students and faculty of a particular institution.
Choosing a Jurisdiction
Once you've selected your preferred database, the next step is to choose the relevant jurisdiction. Most platforms will allow you to select a specific state, circuit, or court to narrow down your search. For example, if you're interested in California state court cases, you would select that specific jurisdiction.
Using Search Tools
These legal databases offer various search tools to help you find similar cases. You can use natural language searching, which involves entering a string of keywords, similar to a typical search engine query. Alternatively, you can use a more advanced technique called "terms and connectors," which allows you to specify the relationship between your search terms, such as requiring them to appear in the same sentence or paragraph.
Utilizing Headnotes and Topics
Westlaw and Lexis+ use a system of headnotes, where attorney editors summarize important legal points and assign them to specific topics in an index. By reading these headnotes, you can identify cases with similar legal points. Similarly, Lexis Advance allows you to browse topics and sub-topics, helping you find cases related to your specific area of interest.
Exploring Additional Resources
Don't underestimate the value of secondary sources and additional reference materials. Legal encyclopedias, such as American Law Reports, provide brief overviews of legal topics and can guide you toward relevant cases. You can also utilize research references, which may include Westlaw databases, legal encyclopedias, treatise materials, and more, to locate additional cases within specific jurisdictions.
By following these steps and utilizing the features offered by legal databases and websites, you can effectively find similar cases within specific jurisdictions.
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Frequently asked questions
There are several ways to find similar law cases for free. You can use a database like FindLaw to access a collection of case law from the U.S. Supreme Court, U.S. Circuit Courts of Appeal, and state supreme courts. Alternatively, you can refer to the Texas State Law Library, which provides legal research guides and access to legal databases like Westlaw Next, Lexis Advance, and Fastcase. These databases allow you to search using keywords, phrases, and Boolean operators to find relevant cases. Additionally, some court decisions and written opinions are freely available online, especially at the federal level.
Paid services like Westlaw, Lexis, Bloomberg, and CaseText offer comprehensive access to case law and legal information. These services can be expensive but provide efficient search capabilities and additional features for in-depth research.
To narrow down your search, start by identifying the jurisdiction and citation of the case. You can then use legal databases to search within specific jurisdictions and enter relevant citations. Utilizing Boolean operators, wildcard characters, and proximity connectors can also enhance the precision of your searches.
Effective case law research involves understanding the available resources and search techniques. Utilizing legal databases and their advanced search features, including filters and connectors, can significantly improve your results. Additionally, familiarizing yourself with legal terminology and creating custom search strings using Boolean operators will help you conduct more efficient and precise searches.
