Gavin Howe
Unreported cases are court decisions that have not been published in a law reporter but are instead published on a court website. Unreported cases are only available online if a court has given its consent. These cases can be found on databases such as Lexis, Westlaw, and Bloomberg Law. Unreported cases can also be found on court websites, Google Scholar, and in some instances, in print at law libraries. It is important to note that only cases that contain an important point of law tend to get reported, and courts have varying rules and regulations regarding the acceptability of citations to unreported cases.
| Characteristics | Values |
|---|---|
| How to find unreported law cases | Check the websites of the courts that deliver the judgment |
| Use databases such as Lexis+, Westlaw UK, Bloomberg Law, WorldLII, BAILII, Google Scholar, etc. | |
| Refer to books, journals, and other secondary sources | |
| Check the Eagle-i internet portal to see if there are any freely available reports or judgments | |
| Refer to the Bluebook's uniform system of legal citation | |
| Check the FLAG Foreign Law Guide database for foreign jurisdictions |
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What You'll Learn
Check online databases like Lexis, Westlaw, Bloomberg Law, or WorldLII
When checking online databases like Lexis, Westlaw, Bloomberg Law, or WorldLII for unreported law cases, there are several methods you can use to conduct your search. Each database has its own unique features and search functions, but some general tips include:
Utilizing Advanced Search Features: Most legal databases offer advanced search options that allow you to refine your query. For example, in WorldLII, you can select "Advanced Search" and enter keywords while choosing the relevant jurisdiction from the "Select the WorldLII Database(s) to search" drop-down menu. This helps narrow down your results and increases the likelihood of finding unreported cases relevant to your specific jurisdiction or area of interest.
Selecting Specific Jurisdictions or Regions: Depending on the database, you may be able to filter your search by jurisdiction or region. For instance, Westlaw allows users to select specific courts, states, or topics within the United States, as well as providing access to selected international jurisdictions. By choosing the appropriate jurisdiction, you can focus your search and potentially uncover unreported cases within that specific legal context.
Exploring International Law Options: Some databases, such as HeinOnline, specialize in international law with a focus on specific countries, like the United States. Within these databases, you can find resources such as the "Case Law" tab, where you can enter citations or search the "Full Text" tab to narrow your results to "Cases", potentially uncovering unreported judgments.
Accessing Free Legal Information: WorldLII, as a free and independent global legal research facility, provides access to judicial decisions from various countries, including Hong Kong, Pacific Islands, Africa, India, and the Middle East. By leveraging free resources like WorldLII, you can broaden your search and access a diverse range of legal information, potentially including unreported cases that may not be readily available on other platforms.
Leveraging Database Specializations: Each database has its own unique strengths and specializations. For example, Westlaw offers comprehensive coverage of historical case law in the United States, dating back to 1658. If you're seeking unreported cases from a specific time period or jurisdiction, leveraging the specific features and strengths of each database can increase your chances of finding relevant information.
By familiarizing yourself with the search functions and features of these databases, you can effectively navigate their vast repositories of legal information to locate unreported law cases that align with your specific research needs.
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Search by topic, case, or legislation
When searching for unreported law cases by topic, case, or legislation, there are several strategies and sources you can use. Here are some tips to guide your search:
Understanding Unreported Cases
Firstly, it is important to understand what constitutes an unreported case. Generally, an unreported case refers to a case that has not been published in a hard copy reporter series or a law report. Courts designate opinions as “unpublished” if they do not contribute anything new to the body of law. Only cases with significant legal points tend to get reported, and unreported cases may only be available online if the court has given consent.
Searching by Topic
When searching for unreported cases by topic, you can utilize legal databases such as Westlaw, Lexis+, and Bloomberg Law. Each database has its own searching methods, and it is beneficial to search across multiple databases to gather the most relevant case law for your topic.
Westlaw offers the West Key Number System, which is an index of American Law that uses both topics and a number system for classification. This system allows you to narrow down your search by legal principles and specific topics.
Lexis+ also provides a comprehensive approach to finding cases by topic. It features a "Topics" tab that allows you to browse through main topics and subtopics. You can conduct a natural language search or a terms and connectors search within the "Search Topics" box.
Searching by Case or Legislation
To search for unreported cases by case or legislation, you can refer to case citators or digests. These sources will help you determine if a case has been appealed, affirmed, reversed, or cited by subsequent cases. Case citators can typically be found in the law report or digest sequences in libraries.
Additionally, when a case is unreported but available on an electronic database, you can cite it by providing the case name, docket number, database identifier, court name, and the full date of the most recent major disposition of the case. Slip opinions are another source for unreported cases, and they can be cited using the guidelines provided by the Bluebook.
Online Sources for Unreported Cases
Online sources such as Westlaw, Lexis+, and Bloomberg Law often contain unreported cases. Additionally, for UK judgments, you can refer to BAILII (British and Irish Legal Information Institute), which provides free access to judgments online. For cases from foreign jurisdictions, you can try WorldLII or consult jurisdiction-specific guides.
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Use a case citator or digest to check if a case is still good law
To check if a case is still good law, you can use a case citator or digest. A citator will tell you what has happened to a law after it has been promulgated and what primary and secondary sources have cited the law.
There are several citators available, including KeyCite and Shepard's, which are reliable ways to update case law. Westlaw also uses signals to indicate case treatment, and Bloomberg Law's citator is called BCite. BCite includes symbols that denote positive, distinguished, caution, superseded by statute, and negative references.
To use a citator, you will need to know the citation for the case you are interested in. If you are unfamiliar with the abbreviations used in the citation, you can consult the list of reporter abbreviations located at the front of the digest volume. You can also use the names of the parties in a case to find the case's citation. First, determine the jurisdiction governing the case and identify the digest that covers that jurisdiction. If you are unsure of the jurisdiction, you can consult the American Digest system for a Decennial Digest Table of Cases that covers all jurisdictions.
Once you have the citation, you can run it through a citator service to see if there are any subsequent legal authorities that invalidate the case. This will involve reviewing the citator report to see if the case was reversed, overruled, or superseded. You can also view the subsequent citations to a case, which will indicate how other cases that came after your case have treated it. However, it's important to note that you must read the cases of concern to fully understand how they have treated your case.
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Find unreported judgments on court websites
Unreported judgments are decisions made by courts that are not published in law reporters but are instead made available on court websites. They are also available on legal databases such as Westlaw, Lexis, and Bloomberg Law.
In Australia, unreported judgments can be found on court websites, as well as on Lexis+ Australia, Westlaw Australia, AustLII, BarNet Jade, and the judgment databases on individual court websites. The Beasley Law Library at the University of Western Australia also has a collection of unreported judgments from the Supreme Court of Western Australia from 1958 to 1990, with some issues missing.
In the UK, the IALS Library does not collect transcripts or judgments of unreported cases in print, but they can sometimes be found online. The British and Irish Legal Information Institute (BAILII) makes judgments freely available on the internet. Lexis+ and Westlaw UK also contain many unreported cases.
In the United States, federal case files are maintained electronically and can be accessed through the Public Access to Court Electronic Records (PACER) service. PACER allows anyone with an account to search and locate appellate, district, and bankruptcy court cases and docket information. Case files may also be accessed from public access terminals in the clerk's office of the court where the case was filed. Most cases created before 1999 are only available in paper format and can be accessed at the court or at one of the Federal Records Centers (FRCs).
It is important to note that only cases that contain an important point of law tend to be reported, and unreported cases are only available online if a court has given its consent. Additionally, courts have varying rules and regulations regarding the acceptability of citations to unpublished opinions.
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Refer to the Bluebook's uniform system of legal citation
The Bluebook: A Uniform System of Legal Citation is a style guide that provides rules and guidelines for legal citation. It is a comprehensive resource for legal professionals, academics, and students, offering a standardised way of citing legal sources. The Bluebook is compiled and published by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal.
Referring to the Bluebook is essential when citing unreported or unpublished cases. An unreported case refers to a legal decision that has not been published in a hard copy reporter series or a law report. These cases are typically not considered precedential and may not add anything new to the body of law. However, they can still be valuable sources of information and may be cited in certain circumstances.
The Bluebook provides clear instructions on how to cite unreported or unpublished cases. For example, Rule 10.8.1 (R10.8.1) on page 112 discusses the two types of sources for unpublished cases: widely available electronic databases and slip opinions. When citing an unreported case from an electronic database, one should provide the case name, docket number, database identifier, court name, and the full date of the most recent major disposition of the case. On the other hand, when citing a slip opinion, include the docket number, court, and full date of the most recent disposition.
It is worth noting that courts have different rules regarding the acceptability of citing unreported cases. While Federal Rule of Appellate Procedure 32.1 allows the citation of unpublished opinions of federal courts, specific court systems, such as Illinois, may have their own regulations. Therefore, it is important to consult the Bluebook and local court rules before citing an unreported case.
In addition to the Bluebook, other resources can be used to locate unreported cases. Databases such as Westlaw, Lexis, and Bloomberg Law provide access to unreported cases, although these cases may only be available online with court consent. For UK judgments, BAILII (British and Irish Legal Information Institute) provides free access to unreported cases. Additionally, the FLAG Foreign Law Guide database offers information on foreign jurisdiction cases, although it has not been updated since 2013.
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Frequently asked questions
Unreported cases are court decisions that have not been published in a hard copy reporter series, such as the West Regional and Federal Reporters from the National Reporter System.
Unreported cases can be found on court websites, legal databases such as Westlaw, Lexis, Bloomberg Law, and Google Scholar, and in some instances, in print at law libraries.
To find unreported cases for a particular jurisdiction, you can use jurisdiction-specific resources. For example, for UK cases, you can use BAILII, and for Maryland cases, you can use the Thurgood Marshall State Law Library's research guide.
Reported cases are those that are published in law reports or hard copy reporter series, while unreported cases are not. Reported cases typically involve important points of law, whereas unreported cases do not add anything new to the body of law.
To cite an unreported case, you can refer to the Bluebook's guidelines. If the case is available on an electronic database, provide the case name, docket number, court name, and full date of the most recent disposition.
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