Anaya Nolan
Case law research is the process of identifying and finding the laws, statutes, regulations, and court opinions that apply to the facts of a case. It involves gathering and analysing relevant case law, which are court opinions or decisions issued by federal or state courts. These decisions are published in print and electronic formats, such as in reporters or online databases like Westlaw and LexisNexis. Legal professionals may conduct case law research to find support for a legal argument or to provide clients with accurate legal guidance. It is important to consider the jurisdiction, time period, and level of the court when conducting case law research to ensure the information is relevant and applicable to the specific legal issue being addressed.
| Characteristics | Values |
|---|---|
| Definition | Case law is the body of law developed from judicial opinions or decisions over time. |
| Sources | Primary sources of law include court opinions or decisions issued by federal or state courts. Secondary sources include practice guides, treatises, and legal articles. |
| Purpose | Legal research is used to find support for a specific legal issue or decision, such as providing legal guidance or making a legal argument. |
| Process | Identifying the relevant legal problem and outcome, determining the relevant jurisdiction, gathering facts, and then searching for primary and secondary sources to support the argument. |
| Tools | Online research services such as Westlaw, LexisNexis, and West's Federal Appendix, as well as free search engines like Google or Bing. |
| Considerations | Whether the case law is binding or persuasive, and whether it remains "good law" with sound legal conclusions. |
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What You'll Learn
Case law research tools
There are several free and paid case law research tools available. Some of the commonly used free tools include:
- Fastcase: An online law library with unique visualization tools.
- CourtListener: Provides access to legal opinions.
- Caselaw Access Project: Provides access to book-published case law.
- FindLaw: Provides searchable Supreme Court decisions.
- Legal Information Institute: Provides US law online and a legal encyclopedia.
- Casetext: Utilizes artificial intelligence to provide relevant case law and legal research resources.
- Justia: Provides the latest summaries of opinions from all federal appellate courts and all 50 state supreme courts, as well as weekly summaries of opinions in certain practice areas.
- GovInfo: Provides free virtual access to congressional reports, official federal government publications, public laws, congressional records, hearings, and more.
- Zimmerman’s Research Guide (LexisNexis): Provides an online encyclopedia and collection of research guides for primary legal materials.
Some of the paid case law research tools include:
- Westlaw: Provides an extensive case law database and advanced search features.
- LexisNexis: Offers a vast collection of legal resources, including statutes, case law, and secondary sources.
- Bloomberg Law: Provides integrated legal research, news, and business intelligence tools.
- HeinOnline: Known for its extensive collection of legal journals, historical legal documents, and government publications.
It is important to choose the right case law research tool that suits your specific needs and requirements.
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Case law databases
Case law, also known as precedent or common law, is the body of law developed from judicial opinions or decisions over time. It is distinct from statutory law, which comes from legislative bodies, and administrative law, which comes from executive bodies.
There are various case law databases available, offering different features and functionalities. Some databases are subscription-based, while others provide free access to case law materials. Here is an overview of some commonly used case law databases:
- Lexis, Westlaw, and Bloomberg: These are commercial legal research databases that supplement cases with headnotes, allowing users to quickly locate subsequent cases that cite the specific language or discussion they are interested in. These databases also provide links to related topics or Key Numbers, enabling users to explore a broader context.
- Nexis Uni (formerly LexisNexis Library Express): This database is accessible on-site at the Library of Congress and provides access to court decisions.
- Westlaw Patron Access: Available at the Law Library Reading Room, it includes court decisions indexed using West's Key Number System.
- Bloomberg Law Patron Access: Also accessible at the Law Library Reading Room, Bloomberg Law provides comprehensive legal information and research tools.
- HeinOnline: This database includes case law from the U.S. Supreme Court Library and Early American Case Law. Access is limited to patrons in the Law Library Reading Room.
- Georgetown Law Library: Offers guides to free and low-cost legal research, including sources of case law, statutes, codes, legislative history, and more.
- Library of Congress: The Law Library of Congress provides free access to various case law sources through its research guides and digital collections. This includes digitised volumes of the United States Reports, state-related online resources, and links to federal and state court websites.
It is important to note that while free case law databases offer a wealth of information, they may lack certain editorial enhancements and finding aids that are typically available in subscription-based databases. These limitations can impact the effectiveness of keyword searching and browsing as methods for finding relevant cases.
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Primary and secondary sources
The materials used for legal research are divided into two broad categories: primary sources and secondary sources. Primary sources establish the law, while secondary sources explain it without establishing binding law.
Primary Sources
Primary sources are the actual law and include constitutions, court cases, statutes, and administrative rules and regulations. They state the law and are considered the most influential on the outcome of any legal issue. For example, the Fourth Amendment to the U.S. Constitution, which protects people against unreasonable searches and seizures, is a primary source.
Secondary Sources
Secondary sources may restate the law, but they also provide commentary, analysis, description, explanation, or criticism. They are used to help locate primary sources, define legal terms, and aid in legal research. Secondary sources include legal dictionaries, encyclopaedias, law reviews, journals, treatises, and manuals on practising law. For example, the book *Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality* discusses the case and its historical context and is a secondary source.
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Precedent and stare decisis
Case law research involves the study of judicial opinions and decisions, which form the basis of case law. It is a process of analysing past cases and their outcomes to inform legal understanding and decision-making in the present. This process is crucial for legal professionals, researchers, and students, as it provides insights into how the law has been interpreted and applied in different contexts.
Now, an essential concept within case law research is that of precedent and stare decisis. Precedent refers to the past decisions, rulings, and opinions of courts, which are used as references for future cases involving similar issues. The idea behind precedent is to promote consistency and predictability in legal decision-making.
Stare decisis, a Latin term meaning "let the decision stand" or "to stand by things decided", is the doctrine that courts will adhere to precedent. In other words, when a court faces a legal argument, it will consider whether a previous court has ruled on the same or a closely related issue. If a previous court has ruled on a similar issue, the current court will typically align its decision with that previous ruling. This adherence to precedent is intended to ensure stability and consistency in the law and prevent arbitrary decision-making.
There are two types of stare decisis: vertical and horizontal. Vertical stare decisis refers to the hierarchy of courts, where the decisions of higher courts take precedence over those of lower courts. For example, in the US, the Supreme Court's decisions are binding on all other federal courts and state courts on matters of constitutional interpretation. On the other hand, horizontal stare decisis considers the relationship between courts at the same level of the court system. It suggests that a court will follow its own prior decisions or the decisions of other courts at the same level.
While stare decisis is a crucial concept in the legal system, it is not without its limitations. Judges are not always bound by precedent and may deviate from it if there are compelling reasons. For instance, if adhering to precedent would lead to an unjust outcome due to changes in society or the interpretation of prior decisions, judges may offer legal nuances or outright overturn previous rulings. This flexibility is essential as it allows the law to adapt to evolving cultural, social, and economic conditions.
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Court systems and hierarchy
Case law research involves understanding the hierarchy of the court system, which is an important aspect of the judicial system. The hierarchy of courts allows decisions made by a lower court to be reviewed by a higher court. The principle of stare decisis asserts that courts "must follow earlier judicial decisions when the same points arise again in litigation". This means that judges follow the doctrine of stare decisis ("let the decision stand"), which requires them to follow the historical rulings of other judges who are higher in the hierarchy.
In the US, the federal and state court systems are parallel to each other. The federal court system consists of the United States Supreme Court at the top, followed by the United States Courts of Appeals, and the United States District Courts at the lowest level. The US Supreme Court creates binding precedent that all other federal courts must follow and that all state courts must follow on questions of constitutional interpretation. The US Constitution established the Supreme Court and authorised Congress to pass laws establishing a system of lower courts.
The state court hierarchy usually includes a State Supreme Court at the top, followed by the Court of Appeals, and the trial courts at the lowest level. The State Supreme Court is the highest court of law resort and is parallel to the US Supreme Court. The Court of Appeals is parallel to the United States Courts of Appeal in the federal system.
Canada also has a Supreme Court, which is the highest court in the country and the final court of appeal. It hears appeals from every provincial or territorial court of appeal, as well as from the Federal Court of Appeal and the Court Martial Appeal Court. The Federal Court of Appeal, in turn, hears appeals from the Federal Court and the Tax Court of Canada. Each province and territory in Canada has its own system of courts, which may include multiple specialised lower courts, such as small claims court or family court. The highest courts in each province or territory are the courts of appeal, which can review the decisions of superior and lower courts.
In addition to the hierarchy of courts, the distinction between criminal and civil court cases is also important, as the procedural implications differ for each type of case. A criminal case involves a party accused of committing a crime, with the government pursuing conviction on behalf of society. Civil cases, on the other hand, can involve disputes between individuals or between individuals and the state.
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Frequently asked questions
Case law is the body of law that has been developed from judicial opinions and decisions over time. It is distinct from statutory law, which comes from legislative bodies, and administrative law, which comes from executive bodies.
Case law research is the process of identifying and finding the laws, including statutes, regulations, and court opinions, that apply to the facts of a specific case. It involves gathering and analysing relevant case law and determining which case law is binding or persuasive.
There are several methods for conducting case law research. One method is to use commercial legal research databases such as Lexis, Westlaw, and Bloomberg, which supplement cases with headnotes that allow for quick location of specific language or discussions. Another method is to start with secondary sources such as practice guides, treatises, and legal articles, which provide an overview of legal topics before moving on to primary sources of law. Additionally, free online search engines like Google or Bing can be used, although specialised online research services like Westlaw are more comprehensive.
Sources for finding case law include published opinions of U.S. federal district, appellate, tax, and bankruptcy court cases, as well as U.S. Supreme Court cases. These can be found in official reporters or electronic databases such as LexisNexis, Westlaw, and the Legal Information Institute (LII).
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