Gavin Howe
Knowing how to look up past law cases is an essential skill for legal professionals and anyone interested in law. In the US, there are federal and state laws, and each state has its own judicial system. Case law, or precedent, is the body of prior judicial decisions that guide judges in their decision-making. When looking up past law cases, it's important to know which court heard the case, whether it was a federal or state court, and the level of the court. Federal courts, for example, include the US Courts of Appeals, US District Courts, and the US Bankruptcy Courts. Once you know which court heard the case, you can look up the case online through the court's website or a legal research platform such as PACER or Westlaw. Some cases may not be available online and may require a visit to the courthouse or court clerk's office. Additionally, some types of cases, such as adoption records or juvenile court cases, are confidential and only accessible to authorised individuals.
| Characteristics | Values |
|---|---|
| Database | PACER, FindLaw, Westlaw |
| Jurisdiction | Federal, State |
| Level | Supreme Court, Appellate Court, District Court, Bankruptcy Court, Trial Court |
| Case Information | Names of parties, documents filed, court dates |
| Record Type | Paper, electronic |
| Record Availability | Online, courthouse, public access terminals, Federal Records Centers, National Archives and Records Administration |
| Record Accessibility | Confidential, public |
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What You'll Learn
Using online court databases like PACER
PACER (Public Access to Court Electronic Records) is a database that provides access to federal court records. It is a useful tool for individuals looking to research past law cases online.
To use PACER, you must first create an account. Then, if you know the specific federal court where the case was filed, you can log in to your PACER account to access the case records in real-time. If you are unsure which specific federal court the case was filed in, you can use the PACER Case Locator to conduct a nationwide search to determine if a party is involved in a federal case. The PACER Case Locator is updated daily at midnight.
It is important to note that there is a fee associated with using PACER. The cost to access a single document is capped at $3.00, which is equivalent to 30 pages of documents and case-specific reports. However, this cap does not apply to all types of reports and transcripts. There is also a $0.10 per-page charge for each search and requested report or document, with a maximum charge of $3.00 per document. Despite the fees, 75% of PACER users do not pay in a given quarter, as fees are waived for those who accrue $30 or less in charges.
If you are an individual researcher working on a defined research project for scholarly work, you may request a PACER fee exemption from multiple courts using the attached form on their website. Additionally, indigent individuals, litigants, and others who cannot afford the PACER fees can request exemptions from individual courts.
PACER provides access to case summaries, docket entries, and copies of documents filed in each case. However, it does not provide access to general legal research materials such as law books or law journal articles. If you are looking for more general legal information, you may want to explore other resources or databases.
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Searching for cases by a particular judge
When searching for past law cases handled by a particular judge, it is best to start with a global search on Westlaw. Type in a query on the home page and run the search. Then, use the available filters to narrow down your results to a specific judge or party by name.
To ensure you are maximizing all of Westlaw's search capabilities, remember that your subscription provides access to Reference Attorneys who can provide assistance at any time.
Additionally, it is important to know a few things about the judge before every case. This includes the judge's familiarity with the context of your case, their past rulings, and which way they typically lean on related matters. This information can help you build a stronger case and develop a legal strategy that is more likely to result in a favorable ruling for your client.
To exhaust all legal research options, you may also run a field search on Westlaw. Field searching is a Boolean terms and connectors search that looks for specific terms in a particular part of the document, such as the title or author fields.
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Understanding case law and its precedents
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges in deciding issues before them. It is a key component of the legal system, playing a significant role in shaping it and ensuring it evolves when necessary. Case law is developed by interpreting and applying existing laws to specific situations and clarifying them when necessary. This process sets a legal precedent that other courts are required to follow, guiding future rulings and interpretations of a particular law.
Case law is established following a decision made by a judge or judges. The parties involved in a legal dispute present their arguments and evidence in a court of law. The judge then considers all the legal principles, statutes, and precedents before reaching a decision. This decision, known as a judgment, becomes part of the body of case law. Case law helps establish new principles, redefine existing ones, and resolve any ambiguity, allowing for nuance to be incorporated into common law.
The term "stare decisis", a Latin phrase meaning "to stand by things decided" or "let the decision stand", refers to the principle that decisions made by higher courts are binding on lower courts. This promotes fairness and stability throughout the common law and the legal system. For example, in common law countries like the United Kingdom, the United States, and Canada, stare decisis is used for the judicial decisions of selected appellate courts, courts of first instance, and other adjudicatory bodies.
Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive. For instance, decisions by the U.S. Supreme Court are binding on all federal and state courts, while a decision by a district court in New York is not binding on another district court, but may guide the second court's decision. Case law can be found in law reports or transcripts, with transcripts being written records of court judgments and law reports being written when the case sets a precedent.
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Accessing paper case files
Another option is to use the Public Access to Court Electronic Records (PACER) system. PACER provides electronic access to federal court records, with over 1 billion documents available from all federal courts. However, there is a fee of 10 cents per page to access a file through PACER, with a maximum charge of $3.00 per document. Fees are billed quarterly, and there is no charge if the bill for a quarter does not exceed $30.
Paper case files that are no longer required by the courts are eventually transferred to the National Archives and Records Administration (NARA) for storage and preservation. These records can be accessed directly from NARA as a secondary source.
Additionally, electronic records and any paper records that have not been destroyed or transferred to the National Archives can be viewed for free in the clerk of the court's office. However, there is a per-page fee for printing or copying these documents. It is worth noting that some documents are not available to the public due to privacy and confidentiality concerns.
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Confidential cases and records
Confidential records are governed by various laws and policies that attorneys must be aware of and adhere to when handling sensitive information. While most court records and case files are accessible to the public, certain cases and records are sealed or confidential and require specific procedures for access or redaction.
Confidential records may include juvenile records, probation and diagnostic reports, proceedings involving defence strategy, and cases involving minors. For example, juvenile records are generally confidential, but a court may seal parts of a record to specific individuals, as governed by relevant statutes and rules. Probation reports are public for 60 days after sentencing and then restricted to authorised individuals.
In some cases, courts may order an in-camera hearing to prevent the disclosure of information about defence strategy or other sensitive matters. Confidential or sealed documents are typically not accessible to the public and require special procedures for filing and access. For instance, filers must ensure that all confidential material is redacted from documents, and a Certificate of Confidential Material may be required to be included with the filing.
Attorneys must exercise caution when disposing of confidential records to avoid inadvertent disclosure. They should also be mindful of the legal basis and rationale for confidentiality, such as protecting against the disclosure of defence strategy or safeguarding the privacy of minors.
Additionally, when searching for past law cases, it is important to note that most cases created before 1999 are maintained in paper format only and can be accessed from the relevant court or Federal Records Centres (FRCs).
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Frequently asked questions
You can look up past law cases online, at a courthouse, or by using a legal research tool. Many courts provide basic case information, such as the names of the involved parties, documents filed, and court dates, on their websites. Alternatively, this information can be accessed at the courthouse, either on a court computer or through a court clerk.
If you are looking for a specific case, it is recommended to use legal research tools such as Westlaw or PACER. These tools allow you to search for cases by a particular judge or involving a specific entity.
Federal case documents can be accessed in real-time through PACER if you know the specific court the case was filed in. The PACER Case Locator can also be used if you are unsure which federal court handled the case.
Yes, some types of cases and records are confidential and cannot be accessed by the general public. For example, adoption records, juvenile court cases, and eviction records may have restricted access.
Court opinions from various courts, including appellate, district, and bankruptcy courts, are often available for free in searchable formats. Websites like FindLaw offer free access to state and federal court opinions, as well as state laws and the United States Code.
