Gavin Howe
Case law is a collection of past decisions made by courts that help guide judges in future decisions. Case law in Chicago, Illinois, is based on the common law system, which means that decisions made by judges in previous cases are used as precedents for future cases. When citing case law in Chicago, it is important to follow the Chicago Manual of Style, which dictates that cases are cited in the notes, not the bibliography. Cases are published in chronological order based on the date they were decided, and an index is necessary to locate cases by subject. Multiple citators should be used to check cases, as different citators may include different cases and interpretations.
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What You'll Learn
Case law reporters
Federal case law reporters, such as the Federal Supplement, encompass decisions from federal courts across the United States. These reporters offer a broad perspective on federal case law, including rulings from U.S. District Courts and other federal judicial bodies. The Federal Practice Digest is another example of a federal case law reporter, providing digests and summaries of federal case law.
In addition to federal reporters, there are also regional and state case law reporters. Regional reporters, such as the Atlantic Reporter and the Southern Reporter, cover cases from specific geographic regions, grouping together decisions from multiple states within those regions. These reporters allow for a more focused exploration of case law within a particular area.
State law reporters, on the other hand, are dedicated to individual states, providing an in-depth exploration of case law specific to that state. Loyola University Chicago Law Library, for instance, retains reporters from states besides Illinois, offering access to a diverse range of state-specific case law.
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Case law digests
Understanding Case Law Digests
The West Key Number System
The West Key Number System is a widely used indexing system for case law, including in Chicago-style citations. This system categorizes case law into over 450 broad legal topics, which are further subdivided into specific legal issues, known as Key Numbers. This systematic approach allows researchers to locate cases by subject across different courts and jurisdictions. The Key Number System also provides short summaries, known as headnotes, which highlight the critical points of law within each case, aiding in efficient research and understanding.
Federal and State Case Law Reporters
Chicago-Style Citations for Case Law
When citing case law in Chicago style, it is essential to follow specific guidelines. Case citations should include the case name, case number, volume number, abbreviated reporter name, abbreviated court name, and decision date. The first citation should use the full case name in roman type, while subsequent shortened citations should italicize the case name. Chicago style also defers to The Bluebook for legal citations, ensuring consistency and accuracy in legal writing.
Practical Considerations
It is worth noting that different citators, such as Westlaw, Lexis, and Bloomberg Law, may yield varying results, including different interpretations of cases. Therefore, consulting multiple citators is advisable to gain a comprehensive understanding of a case's context and subsequent developments. Additionally, law libraries, such as the Loyola University Chicago Law Library, offer valuable resources for legal research, providing access to case law reporters, digests, and other legal publications.
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Case law citators
Understanding Case Law Citators
Benefits of Using Multiple Citators
When conducting legal research, it is advantageous to utilize multiple citators. Different citators may yield varying results, including distinct cases, secondary sources, and interpretations. By consulting several citators, researchers can gather a more comprehensive understanding of the case law and its implications. For instance, the Law360 article "Lawyer's Nightmare: DOL Blames Westlaw for Skimpy Brief" highlights the potential pitfalls of relying solely on one citator or research platform.
Chicago-Style Citations for Case Law
The Chicago Manual of Style (CMS), a widely recognized style guide, offers specific guidelines for citing case law. CMS defers to The Bluebook for legal citations, which provides detailed instructions on formatting and structure. When citing case law in Chicago style, it is important to include the case name, number, volume number, reporter abbreviation, and the abbreviated name of the court, along with the date. The full case name is typeset in roman font, while subsequent shortened citations are italicized.
Case Law Publication and Chronological Order
It is important to understand that cases are published in chronological order based on the dates they were decided, rather than by subject. This means that researchers need to utilize an indexing system, such as the West Key Number System, to locate cases by subject across different courts and jurisdictions. This system categorizes cases into broad legal topics, further subdivided into specific legal issues, making it easier to navigate case law relevant to a particular research topic.
In conclusion, case law citators play a crucial role in legal research, offering insights into the development and impact of case law. By utilizing multiple citators and adhering to Chicago-style citation guidelines, legal professionals can effectively navigate the complex world of case law and make well-informed arguments.
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Case law citations
The CMS defers to The Bluebook for legal citations, and legal publications typically only need to be cited in the notes, unless there is a secondary publication involved. The basic structure for citing a court case in Chicago style includes the case name, number, volume number, reporter abbreviation, and court and date in parentheses. For example:
> Australian Provincial Co Ltd v. Coroneo, 1938
In this citation, the case name is provided, followed by the year of the decision. When citing specific pages or sections within a case, the page number is included, as demonstrated in this example:
> United States v. [case name], at [page number]
Cases are published in chronological order based on the date they were decided, and can be located using an indexing system such as the West Key Number System, which allows researchers to find cases by subject and jurisdiction. This system also provides short summaries of the legal points discussed in indexed opinions.
When conducting legal research, it is important to consult multiple citators, as different platforms may yield varying results, including different cases, secondary sources, and interpretations. This ensures a comprehensive understanding of the case law and its applications.
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Case law research
Understanding Case Law and Research Process:
Firstly, it is essential to comprehend the nature of case law. Case law refers to the collection of past decisions made by courts, which serve as precedents for future legal decisions. These decisions are published in chronological order, based on the dates they were decided, and can be found in law reporters. The cases are not organised by subject, so researchers need to utilise indexing systems.
Locating Cases:
The West Key Number System is an invaluable tool for locating cases. It provides an indexing function for all published cases, allowing researchers to find cases by subject, regardless of the court or jurisdiction. This system also offers short summaries of the legal points discussed in the indexed opinions, providing a quick overview of the case law.
Accessing Cases:
When conducting case law research, it is important to have access to a comprehensive law library. The Loyola University Chicago Law Library, for instance, retains reporters from various states and provides access to federal case law reporters. These reporters are organised by call numbers, making it easier to locate specific volumes.
Citing Cases:
The Chicago Manual of Style offers guidance on citing court cases. When creating a bibliography or reference list, the following format can be used: "Title, Year Published, Volume number, Document Title/Name, Pages Used, and Location." For in-text citations, the full case name should be in plain text, while subsequent shortened citations should be italicised. Notes for court cases should include the case name, number, volume number, abbreviated name of the reporter, and the abbreviated name of the court and the date in parentheses.
Cross-Referencing and Verification:
It is crucial to cross-reference and verify your case law research. Access to multiple citators is advantageous as they provide different cases, secondary sources, and interpretations. This ensures the accuracy and breadth of your research.
In conclusion, case law research requires a systematic approach, and The Chicago Manual of Style provides a structured process for citing and navigating legal sources. By understanding the nature of case law, utilising indexing systems, accessing comprehensive law libraries, properly citing sources, and cross-referencing, researchers can effectively conduct case law research using Chicago style.
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Frequently asked questions
Case law refers to laws that are collected in the United States Statutes at Large and later incorporated into the United States Code.
Cases are published in chronological order based on the date they were decided, not by subject.
The West Key Number System provides an indexing function for all published cases, enabling researchers to locate cases by subject from any court in any jurisdiction.
Federal case law reporters and the Federal Practice Digest are located on the 4th floor of the Loyola University Chicago Law Library.
When citing a court case in Chicago style, include the case name, number, volume number, abbreviated name(s) of the reporter, and, in parentheses, the abbreviated name of the court and the date.
