Kara Sears
Legal research is the process of identifying and finding laws, statutes, regulations, and court opinions that are relevant to a specific case. Case law, which is based on judicial decisions, is one of the primary sources of law that individuals can refer to. When researching case law, it is important to focus on the relevant jurisdiction, whether it be federal or state law. There are several online resources that individuals can use to find case law, including free options such as the Library of Congress research guides and search engines like Google or Bing. However, for more comprehensive research, individuals may want to use online research services specifically designed for legal research, such as Westlaw. Additionally, seeking help from a law librarian or referring to secondary sources like law journals and practice guides can be a good starting point for legal research.
| Characteristics | Values |
|---|---|
| Type of law | Primary sources of law (case law, statutes, regulations) or secondary sources (practice guides, treatises, legal articles) |
| Jurisdiction | Federal or state law, and the relevant state |
| Court | Level of court and whether it is a trial or appellate court |
| Time period | Relevant time period |
| Databases | Lexis, Westlaw, Bloomberg Law, Ravel View, Fastcase, Casetext |
| Other tools | Google Scholar, Bing |
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What You'll Learn
Identify the jurisdiction: federal or state law?
To research local case law, the first step is to identify whether the jurisdiction is federal or state law. This is a fundamental concept to understand the legal system. Jurisdiction refers to the power of a court to preside over a case and issue orders, or the territory within which a court or government agency may exercise its power.
Federal courts are courts of limited jurisdiction. They can only hear cases that fall within the scope defined by Article III, Section 2 of the U.S. Constitution and specific Congressional statutes. Federal court opinions are published in various "reporters", with Supreme Court opinions in U.S. Reports, Courts of Appeals decisions in the Federal Reporter, and District Court opinions in the Federal Supplement.
State courts, on the other hand, have general subject matter jurisdiction. They can hear almost any type of case unless state law prohibits it or federal law dictates that a particular case must be heard exclusively in federal court. State court opinions are published in state-specific and regional reporters. Each state has a highest court, often called the Supreme Court, and a system of lower trial and appellate courts.
It is important to note that decisions of lower state courts and federal district courts are always considered persuasive authority. In some cases, you may need to look beyond your jurisdiction for persuasive cases to support your analysis and argument, especially if there is little to no mandatory authority on your specific issue within your jurisdiction.
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Use primary sources: statutes, regulations, and court opinions
When researching local case law, primary sources are essential. These include statutes, regulations, and court opinions. Here are some tips for using these sources effectively:
Statutes
Statutes, also known as legislative sources, refer to the laws enacted by legislatures. They are issued at the federal level by Congress and at the state level by representative bodies such as Houses, Assemblies, or Delegates. To find relevant statutes, you can refer to resources such as the United States Code, which compiles federal statutes, or state-specific codes like the Revised Code of Washington or the California State Code. Online databases like FindLaw provide access to state laws and the United States Code.
Regulations
Regulations, also known as administrative sources, are issued by executive agencies. They outline the rules, procedures, and responsibilities of government agencies. These sources can be informative for understanding the functions of government agencies and how they conduct themselves. They may also include information on appeal processes. You can find regulations through the Catalog of U.S. Government Publications, which offers a search function to locate relevant agency or subject-specific regulations.
Court Opinions
Court opinions are the written decisions and interpretations of the law by a court. They are an essential aspect of case law, providing context and precedent for future cases. To find court opinions, you can refer to online databases such as FindLaw, which offers access to U.S. Supreme Court opinions, federal appellate court opinions, and state supreme, appellate, and trial court opinions. Additionally, law libraries provide print resources for accessing court opinions and legal research guides to help navigate your search.
When using primary sources, it is important to determine the relevant jurisdiction and type of source you are seeking. This will make your research more efficient and ensure you find the applicable laws for your specific situation.
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Use secondary sources: law journals, practice guides, and legal encyclopaedias
When researching local case law, it is often more efficient to begin with secondary sources, such as law journals, practice guides, and legal encyclopaedias, before moving on to primary sources. This is because secondary sources provide a comprehensive overview of legal topics, helping you to get quickly up to speed and identify relevant primary materials.
Law Journals
Law journals are scholarly publications that cover a range of legal topics. They are written by law professors and practitioners and contain substantial citations to primary and secondary sources, which can be a great way to discover additional information on a particular subject. Law journals are often available through university libraries, either in print or electronically, and can be accessed via online databases such as HeinOnline Law Journal Library and Index to Legal Periodicals Fulltext.
Practice Guides
Practice guides are another useful secondary source, offering practical guidance and insights on specific areas of the law. They are often written by experienced attorneys or legal practitioners and can provide a step-by-step guide to navigating legal processes and procedures. Practice guides can be found in law libraries or through online legal research platforms.
Legal Encyclopaedias
Legal encyclopaedias offer broad and general commentary on a wide range of federal and state laws. They are an excellent starting point when researching unfamiliar areas of the law, as they provide a comprehensive overview of legal topics and often focus on case law. Many states have their own legal encyclopaedias, which can be accessed through the Library of Congress or online databases such as NexisUni and Westlaw.
By utilising these secondary sources, you can gain a strong foundation of knowledge and quickly identify the primary sources and case laws relevant to your specific area of research.
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Search case law databases: Lexis, Westlaw, Bloomberg, etc
When researching local case law, you can search case law databases such as Lexis, Westlaw, and Bloomberg. These databases provide access to a wealth of legal information, including case law, statutes, regulations, and court rules. Here's an overview of using these databases for your research:
Lexis
LexisNexis provides extensive jurisdictional content, offering more briefs, pleadings, motions, and other documents than its competitors. It is particularly useful if you practice in state court pursuant to state law, as you can access relevant jurisdictional content quickly. The platform also allows for full-text searching of case law, enabling you to search by topic and jurisdiction. You can use connectors such as "AND" and "OR" to refine your searches. Additionally, LexisNexis offers training sessions on effective full-text searching techniques.
Westlaw
Westlaw is another comprehensive database that also allows for full-text searching of case law. Similar to Lexis, you can search by topic and jurisdiction. Westlaw provides digests, which can be helpful when starting your research. Additionally, you can search by citation or party name, although unique party names may yield more efficient results. Westlaw also offers training on effective searching techniques.
Bloomberg
Bloomberg Law is a user-friendly platform that provides access to case law and dockets. It offers a comprehensive docket database, covering federal and state courts. Bloomberg Law allows you to select the court where the case was filed and provides updates on individual dockets. It also offers alerts for new litigation and potential court outcomes. Bloomberg Law's docket search capabilities are widely regarded as superior to those of competing databases. Additionally, Bloomberg Law includes tools for competitive intelligence on courts, judges, attorneys, and law firms.
When using these databases, remember to update the case law to ensure you are working with the most current information, as some sites may not be entirely comprehensive. Additionally, take advantage of the training sessions offered by Westlaw and Lexis to improve your full-text searching skills.
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Understand precedents: binding or persuasive decisions
When researching case law, it is important to understand the difference between binding and persuasive decisions.
A binding precedent, based on the legal principle of stare decisis, requires lower courts to follow the decisions of appellate courts in the same jurisdiction. In other words, when an appellate court resolves a legal question, its determination becomes a binding precedent that lower courts must apply in similar cases. For example, in the United States, decisions made by the U.S. Supreme Court are binding on all other courts in the country.
On the other hand, a persuasive precedent is a judicial decision that a court can consider but is not obligated to follow. Persuasive precedents are especially relevant when the factual matrix is close to the case at hand. They may include decisions from neighbouring jurisdictions or dicta from higher courts. For instance, decisions made by superior overseas courts, such as those in the United Kingdom, may serve as persuasive precedents in Australia.
When conducting legal research, it is important to consult both primary and secondary sources. Primary sources of law include case law, statutes, and regulations. Secondary sources, such as law journals, practice guides, and legal encyclopaedias, provide a comprehensive overview of legal topics and can be a good starting point for research. Online research tools like Westlaw, Lexis, and Bloomberg also offer efficient ways to locate case law and understand citing relationships between different cases.
By understanding the distinction between binding and persuasive precedents and utilising various research tools, individuals can effectively navigate case law and apply relevant decisions to their specific situations.
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Frequently asked questions
Case law is law based on judicial decisions. It is a court's written opinion interpreting the law and the court's decision.
There are many freely available options for finding case law online. For example, the Library of Congress provides access to case law from the U.S. Supreme Court and U.S. Circuit Courts of Appeal, as well as several state supreme courts. You can also find state-specific information, such as links to state court websites and repositories of state court decisions. Additionally, online research services like Westlaw provide comprehensive legal sources and tools to aid your research.
It is recommended to start your research with secondary sources such as law journals, practice guides, legal encyclopedias, and treatises. These sources provide a thorough overview of legal topics and can save you time by offering a jumping-off point for your research. Once you have a good understanding of the topic, you can move on to primary sources of law, including case law, statutes, and regulations.
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