Anaya Nolan
Case law is the body of law that is derived from judicial opinions and decisions over time. It is based on the principle of stare decisis, which means that courts are generally bound to follow the rulings of previous decisions, particularly those made by higher courts. Researching case law is a critical skill for preparing strong legal arguments, and it involves a strategic approach that includes narrowing search criteria, using keywords and legal phrases, and leveraging digital tools and databases. While traditional law books and reporters provide valuable historical and contemporary legal insights, online legal research databases offer extensive case law records and advanced search options to filter results by date, relevance, and jurisdiction. This guide will provide an overview of the key techniques and resources for effectively researching case law.
| Characteristics | Values |
|---|---|
| Definition | "The finding and assembling of authorities that bear on a question of law." |
| Purpose | To find support for a specific legal issue or decision. |
| Sources | Primary sources (e.g., statutes, regulations, court opinions) and secondary sources (e.g., practice guides, treatises, legal articles). |
| Jurisdiction | Federal or state law. |
| Tools | Law books, online legal research databases, digital tools, and case law databases. |
| Techniques | Narrowing search criteria, using keywords and legal phrases, and understanding citing relationships. |
| Precedent | Courts generally follow previous decisions, especially those made by higher courts, to ensure consistency and predictability in the legal system. |
| Validation | Determine if a case is still valid ("good law") and if it is a case that the court must follow or find persuasive. |
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What You'll Learn
Identify the legal problem and desired outcome
When researching case law, it is crucial to identify the legal problem and desired outcome. This step is essential for focusing your research and ensuring it remains on topic. Case law refers to the body of law that develops from judicial opinions and decisions over time. It is distinct from statutory law, which originates from legislative bodies, and administrative law, which comes from executive bodies.
To identify the legal problem, you must establish the facts of the case and the central legal issue(s) or question(s) that will impact the outcome. This involves determining the legal principles or rules at stake based on those facts. For example, in the case of Fielder v. City of Glendale, the legal issue was whether a crack in a sidewalk constituted a "dangerous condition" under the law. The relevant rule was California Government Code §830, which provides the definition of a "dangerous condition" on public property.
When identifying the legal problem, it is important to separate legal facts from issues. Consider who was responsible and to whom it happened, what happened, and what the desired outcome is. Framing the issues in terms of rights and liabilities can also be helpful, as the law often concerns the rights and liabilities of the parties involved. For instance, in the Fielder v. City of Glendale case, the issue concerned the liability of the city for a crack in the sidewalk that caused the plaintiff to fall.
Additionally, keep in mind that a legal problem typically comprises multiple issues. While you may need to narrow your research focus as you work, it is important to address each issue separately. For example, in the Fielder v. City of Glendale case, there may be additional issues beyond whether the crack in the sidewalk was a "dangerous condition." These could include questions of negligence, duty of care, or damages.
By clearly identifying the legal problem and desired outcome, you can effectively guide your research and analysis, ensuring that you find the most relevant case law and legal principles to support your argument or provide accurate legal guidance to your client.
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Use secondary sources to find an overview
When researching case law, secondary sources are a great way to get an overview of an area of law and understand how your specific issue fits into the broader legal context. They can also provide references to leading primary sources for an area of law.
Legal Encyclopaedias
Legal encyclopaedias are comprehensive collections of brief articles on legal topics. They are a good starting point to get oriented to an area of law and identify the legal issues. They provide a general overview, including footnotes to statutes, case law, and other primary authority on the topics covered. They are arranged in alphabetical order, with an index generally included in the final volume.
Treatises
Treatises are scholarly legal publications focusing on the law relating to a particular area. They often consist of multiple volumes and provide in-depth commentary and analysis on that subject. They are often known by the name of the original author. Treatises are a good source when looking for an in-depth discussion of an area of law or the answer to a specific question.
Law Journals
Law journals, or law reviews, are journals that include well-researched articles that typically provide in-depth analysis of a narrow issue of law. They contain extensive footnotes that point to relevant primary authority and other secondary sources. Articles in law reviews usually include a summary of the legal topic at issue, as well as many citations to other secondary and primary legal sources.
Digests
Digests are multi-volume indexes to the law organised by topic and "key number" classification system. The topics are broad areas of law, with the "key numbers" providing a more narrow subtopic. Cases are listed in reverse chronological order.
Jury Instructions
Jury instructions can be very useful, as they provide succinct descriptions of causes of action and defences and typically cite cases and statutes that identify the elements of each.
Practice Guides
Practice guides are books that go in-depth on a particular area of the law. They are geared towards attorneys practising in those areas and tend to be more detailed than legal encyclopaedias. They assist in developing a more comprehensive understanding of the topic and provide references to cases and other primary authority.
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Search for case law using databases
There are several databases that can be used to search for case law. These include:
- Westlaw: This database includes court decisions indexed using West's Key Number System. It allows for full-text searching of case law and is available on-site at the Library of Congress.
- Lexis/LexisNexis Library Express: This database also allows for full-text searching of case law. It is available on-site at the Library of Congress.
- Bloomberg Law: This database allows users to search case law and dockets and has its own citator system for updating cases. It is available on-site at the Library of Congress, with access limited to one patron at a time.
- Fastcase: This database provides access to cases, statutes, regulations, court rules, and constitutions.
- FindLaw: This database contains a searchable collection of Supreme Court opinions since 1893 and an archive of opinion summaries from 2000 to the present. It also includes some U.S. Circuit Courts of Appeals decisions from 1995 to the present.
- Google Scholar: Google Scholar offers legal opinions, including Supreme Court opinions since 1791 and U.S. appellate, district, and bankruptcy opinions since 1923.
- Government websites: The U.S. Government Printing Office's FDSys website offers public access to select federal appellate, district, and bankruptcy court opinions from 2004 to the present. Federal Court websites also provide public access to select opinions.
- PACER: This database provides access to federal case documents in real-time if you know the specific court the case was filed in. It also includes a Case Locator feature to help users determine which court a case was filed in.
- Federal Court Cases Integrated Database (IDB): This database is provided free of charge by the Federal Judicial Center and includes case data (not documents) for criminal, civil, appellate, and bankruptcy cases.
When searching for case law using databases, it is important to update the case law to ensure it is still good law, as some sites may not be comprehensive. Additionally, it may be helpful to start with using digests when searching by topic and to come up with a list of keywords prior to starting your search.
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Understand the case law's jurisdiction
Jurisdiction is a court's authority to handle a case and make a judgment. It is best understood by being compared to "power". Any court possesses jurisdiction over matters only to the extent granted to it by the Constitution and/or legislation of sovereignty on whose behalf it functions. For example, a state court in Mississippi may need statutory permission by the Mississippi legislature to hear certain types of cases.
There are several types of jurisdiction:
- Subject-matter jurisdiction: This is the court's authority to decide the issue in controversy, such as a contracts issue or a civil rights issue. State courts have general jurisdiction, meaning they can hear any controversy except those prohibited by state law. Federal courts have limited jurisdiction, meaning they can only hear cases that fall within the scope defined by the Constitution and Congressional statutes.
- Personal jurisdiction: This is the court's jurisdiction over the person (or business or organisation) you want to sue. For example, in California, all superior courts have jurisdiction over a person that lives in California or can be found in California, and businesses or organisations that do business in the state.
- Territorial jurisdiction: This is the court's power to bind the parties to the action. This law determines the scope of federal and state court power.
- Appellate jurisdiction: This is the power of one court to correct the errors of another, lower court.
- Concurrent jurisdiction: This is the notion that two courts might share the power to hear cases of the same type, arising in the same place.
- Diversity jurisdiction: This is the power of federal courts to hear cases in which the parties are from different states.
- Exclusive jurisdiction: This is when only a particular court can decide a case. For example, bankruptcy court is a court with exclusive subject matter jurisdiction.
Jurisdictional rules specify whether a given tribunal has the authority to decide contested issues at all and to bind the rest of the world to its decision. A clearer understanding of jurisdiction's connection to judicial power can help inform and clarify multiple strands of judicial doctrine as well as broader theoretical debates regarding the judiciary's role.
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Verify the case law is still valid
Verifying the validity of case law is an essential step in legal research. Court opinions can lose their authority over time, and it is crucial to ensure that the case law you are relying on is still applicable and has not been overruled or reversed. Here are the steps to verify the validity of case law:
Understand the Concept of "Good Law"
Start by understanding the concept of "good law." A case is considered "good law" when it is still valid and has not been reversed, overruled, or superseded. It is also important to note that a case may be criticized or distinguished by other cases, which can impact its reliability.
Use Citator Services
The primary tool for validating case law is a citator service. Citators provide a history of cases and how they have been treated by other cases. They indicate whether a case has been reversed, overruled, or superseded, which would render it no longer "good law." Common citator services include Shepard's Citations (LexisNexis), Westlaw KeyCite, and Bloomberg Law's BCite. These services use indicators, such as colours and symbols, to signal the validity of a case. For example, a red stop sign on Lexis may indicate that a case has been overruled or reversed.
Review the Citator Report
Review the citator report carefully to determine if your case has been negatively treated. Negative treatment includes cases that have been reversed, overruled, or superseded. While these cases are typically no longer considered "good law", it's important to read the actual cases to understand the extent to which you can still rely on them. Sometimes, a case may only be reversed or overruled in part, or the issue may not be relevant to your specific context.
Evaluate Negative Treatment Cases
Evaluate the cases that negatively treat your original case. Other types of negative treatment include distinguishing, disagreeing with, or criticizing the original case. While these types of negative treatment do not necessarily invalidate your original case, they may impact your reliance on it. Consider the factual similarities and differences between your issue and the distinguishing cases.
Consult Legal Librarians and Resources
If you need further assistance, consult law librarians and library staff at law schools and universities. Many institutions offer guidance and resources on validating case law, such as Stanford Law School, UCLA School of Law, and Northwestern Pritzker School of Law. They can provide support and expertise to help you navigate citator services and validate your case law research effectively.
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Frequently asked questions
Case law is the body of law that has been developed from previous judicial opinions and decisions.
There are a variety of ways to research case law, including using law books, online databases, and law libraries. When researching, it is important to focus on the relevant jurisdiction and the recency of decisions.
Some online databases that can be used to research case law include Westlaw, Lexis, Bloomberg, and Fastcase.
When researching case law, it is important to use a strategic approach. This includes narrowing your search criteria, using keywords and legal phrases, and consulting secondary sources such as law journals and treatises.
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