Keith Mack
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges in deciding issues before them. Case law may be binding or merely persuasive depending on the relationship between the deciding court and the precedent. In the United States, case law can be accessed through online databases such as FindLaw and PACER, which offer free access to federal and state court decisions, opinions, and case summaries. These databases include information on U.S. Supreme Court decisions, federal appellate and district court cases, and state supreme, appellate, and trial court opinions. Additionally, websites like Justia provide free access to U.S. federal and state court decisions, codes, and regulations, as well as the full text of the Annotated U.S. Constitution.
| Characteristics | Values |
|---|---|
| Websites | FindLaw, Justia Law, PACER, The National Archives |
| Database | U.S. Supreme Court and U.S. Circuit Courts of Appeal, state supreme courts, federal and state court decisions, codes, regulations, U.S. Constitution |
| Jurisdiction | Federal or state |
| Court | U.S. Courts of Appeals, U.S. District Courts, U.S. Court of Claims, U.S. Court of International Trade, U.S. Bankruptcy Courts, trial and appellate courts |
| Other | Case summaries, court opinions, case files, case data |
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What You'll Learn
Using databases like Westlaw, Lexis+, and Bloomberg Law
Westlaw, Lexis+, and Bloomberg Law are databases that can be used to look up case law.
Westlaw
From the Westlaw homepage, click on Federal Materials and Federal Cases. Then, click on the Advanced link to the right of the search bar. This will give you a Party Name field and other fields that can help refine a search for case law. Enter the name of the party into the 'Party Name' field. If you know the names of other parties, you can enter those as well. If you know other information about the cases, you can enter that information into the other available fields. For example, you can further narrow your search to a year or date range.
Lexis+
Lexis+ has three specific search areas: Citation, Party, and Topic. When searching for case law via party name, the order of the names does not matter. For example, searching 'Jones v Clinton' will retrieve the same results as searching 'Clinton v Jones'. When you search by topic, Lexis+ searches the case law's headnotes. Headnotes quickly identify the different legal topics or issues covered in that case.
Bloomberg Law
Bloomberg Law provides access to federal court case dockets and filings. It is particularly useful for locating specific case dockets and filings and determining how a particular judge has ruled on a particular type of case or motion. Bloomberg Law only updates individual dockets periodically, so it is important to ensure that you are viewing the most up-to-date version of the docket. When viewing federal case dockets, most filed documents are available for download. Bloomberg Law also offers a full court docket search function, which covers federal and state courts.
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Searching with keywords and connectors
When looking up case law, you can use a variety of tools and techniques to find what you're looking for. This answer will focus on the process of searching with keywords and connectors.
Databases
There are several databases that you can use to search for case law, including Westlaw, Lexis+, Bloomberg Law, and Casetext. Westlaw and Lexis+ are restricted to current students, faculty, and staff of law schools, while Casetext offers a free collection of state and federal court opinions.
Natural Language Searching
Natural language searching is similar to searching on Google. You enter a string of keywords, and the database's algorithm predicts the relationship between the terms. While this method is useful for exploring a new topic, it may not yield the most specific results.
Terms and Connectors
Searching by terms and connectors allows you to exert more control over your results. This method uses connectors such as "AND," "OR," and variations of "within" (e.g., w/p for within the same paragraph, w/s for within the same sentence). For example, if you're researching copyright infringement, you could use the search string: (copyright /2 infring!) /s classroom to find results that mention "infringing upon copyright" within the same sentence as "classroom."
Root Expanders
Root expanders, such as the exclamation point (!), allow you to search for all variations of a word. For example, searching for impeach! will yield results that mention impeach, impeached, impeaching, etc., giving you a more complete set of results.
Proximity Connectors
Proximity connectors specify the distance between words in your search results. For example, if you want to find cases with "motion for reconsideration" within 10 words of "granted", you would search for "motion for reconsideration" /10 granted.
Filters
After performing your initial search, you can use filters to narrow your results. Casetext offers filters such as jurisdiction, motion, cause of action, party, and date, as well as the ability to filter out unpublished opinions.
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Filtering by jurisdiction and date
When looking up case law, it is important to be able to filter by jurisdiction and date to narrow down your search. This is a feature offered by many online databases of case law, such as Westlaw, Lexis, and FindLaw.
Jurisdiction
Jurisdiction refers to the geographic area over which a court has authority to apply the law. In the United States, the court system is organised into federal and state courts. Federal courts hear cases involving matters related to the United States Constitution, other federal laws and regulations, and certain matters that involve parties from different states or countries and large sums of money in dispute. Each state also has its own judicial system, which includes trial and appellate courts.
When filtering by jurisdiction, you can select a specific court or court level, such as U.S. Federal, individual states, or international jurisdictions. For example, if you are looking for case law related to a specific state's laws, you can filter by that state's jurisdiction to only see cases from that state's courts.
Date
Adding a date restriction to your search can help you find more relevant and up-to-date case law. This is especially important since case law is based on the concept of precedent, where prior judicial decisions can guide or bind future decisions. By filtering by date, you can ensure that you are considering the most recent and relevant decisions that may impact your case.
To filter by date, you can usually set a date range or search for cases within a specific year. Some databases may also allow you to sort results by date, helping you identify the most recent cases first.
Combining Filters
It is important to note that when using multiple filters, such as jurisdiction and date, all documents in the results must meet the criteria for each filter. For example, if you are searching for cases within a specific date range, make sure that all the documents in the results set have dates before applying other filters.
By effectively utilising the jurisdiction and date filters, you can efficiently narrow down your search results and find the most relevant case law for your specific needs.
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Understanding the classification system of topics
The classification of law refers to the systematic arrangement and categorisation of various legal principles, rules, and areas of law based on their nature, purpose, and scope. This process enhances the understanding, interpretation, and application of the legal framework, aiding legal professionals, scholars, and students in effectively navigating the complex legal system.
One way to classify law is by its nature, which can be broadly categorised into Civil Law and Criminal Law. Civil law deals with actions that cause harm to individuals or private entities, such as defamation, breach of contracts, negligence, and property damage. Criminal law, on the other hand, pertains to actions considered crimes against the public, society, or the state, even if an individual is the direct victim.
Criminal law can be further classified based on the seriousness of the offence, with crimes typically distinguished as felonies or misdemeanours. The classification of a crime as a felony or misdemeanour can have legal implications, influencing how a case is processed and the type of punishment imposed. Additionally, crimes can be classified based on the type of harm inflicted, such as harm to a person or property. However, it's important to note that some crimes, like robbery, may involve both types of harm.
Another classification scheme distinguishes between positive law and natural law. Positive law is created by human beings and includes rules and regulations enacted by governments, regardless of moral considerations. In contrast, natural law is based on universal principles and moral values inherent in human nature. It asserts that certain rights and ethical standards are inherent and can be discovered through reason, transcending written laws.
Furthermore, law can be classified as substantive or procedural. Procedural law outlines the processes guiding the progression of a case and the enforcement of substantive laws. It provides guidelines to ensure that substantive laws are applied correctly.
The classification system aids in structuring legal education, practice, and research. It helps clarify the relationships between different branches of law and their applications, fostering a more cohesive understanding of the legal landscape. Additionally, classification enables streamlined access to relevant legal precedents and principles, contributing to a more efficient and accessible legal system.
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Accessing free online resources
There are several free online resources that can be used to look up case law. These include:
- PACER: Court opinions are available for free on PACER to anyone with an account. Additionally, access to court opinions from many appellate, district, and bankruptcy courts is available at no fee in a text-searchable format through a partnership with the US Government Publishing Office (GPO). When court records and case files are eligible for permanent preservation, they are transferred to the National Archives and Records Administration (NARA) for storage and preservation. These records can be accessed directly from NARA. Electronic and paper court records retained at the court site can be viewed at the courthouse for free.
- FindLaw: FindLaw offers a free collection of state and federal court opinions, state laws, and the United States Code. It also features thousands of informational articles to help users understand their options.
- Google Scholar: Google Scholar provides access to case law from the US and European Patent Offices, as well as the World Intellectual Property Organization (WIPO). It offers an advanced search feature that allows users to search for a specific phrase or exclude results with certain terms. Users can also narrow their results by jurisdiction.
- CourtListener: CourtListener has been collecting case law since 2009 and offers a database of millions of opinions across hundreds of jurisdictions. It is run by the non-profit Free Law Project, which is devoted to providing high-quality legal data to lawyers, researchers, journalists, corporate organizations, and the public.
- Federal Court Cases Integrated Database (IDB): The IDB is provided free of charge by the Federal Judicial Center and includes case data (not documents) for criminal, civil, appellate, and bankruptcy cases. This can help researchers refine their requests.
In addition to these resources, many individual courts also provide online access to basic case information, such as the names of the parties, documents filed, and court dates. This information can typically be found on the court's website, under a section called "online services" or something similar. However, it's important to note that not all types of records are available online due to privacy concerns. For example, divorce, criminal, adoption, and juvenile court records may have limited information available to protect the privacy of those involved.
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Frequently asked questions
Case law is the body of prior judicial decisions that guide judges deciding issues before them.
You can find case law for free on the Library of Congress website, Justia, and PACER.
Federal courts hear cases involving matters related to the United States Constitution, other federal laws and regulations, and certain matters that involve parties from different states or countries and large sums of money in dispute.
PACER is a database that updates daily and provides access to federal case documents in real-time if you know the specific court the case was filed in.
The United States Supreme Court is the highest court in the United States.
