Anaya Nolan
There are several databases available for searching case law, which is the body of prior judicial decisions that guide judges in their decision-making. Some of the most common case law search databases include Westlaw, LexisNexis, Casetext, HeinOnline, CourtListener, Caselaw Access Project, FindLaw, Justia, and the Legal Information Institute. These databases offer varying features and levels of access, with some providing free or low-cost options, while others may require a subscription or be limited to specific locations such as the Library of Congress. It is important to note that while these databases are valuable tools for legal research, they may not always be comprehensive, and users should ensure that the case law they find is up-to-date and still considered good law.
| Characteristics | Values |
|---|---|
| Most common case law search databases | Westlaw, LexisNexis, Casetext, HeinOnline, Nexis Uni, Westlaw Patron Access, Caselaw Access Project, FindLaw, CourtListener, Justia, Legal Information Institute |
| Caselaw Access Project Access | All official, book-published US case law |
| Caselaw Access Project Source | Harvard Law Library |
| FindLaw Access | US Supreme Court decisions since 1760, state and federal court opinions, state laws, the United States Code, case summaries, statutes, legal news, US Reports volume number, party name, case title, citation, full text, docket number, archive of Supreme Court opinion summaries since 2000 |
| Justia Access | U.S. case law, court opinions and decisions, state constitutions, cases, links to legislative resources, extensive database of federal and state cases, codes, statutes, regulations, articles, opinion summaries, limited access to Federal District Court dockets |
| Google Scholar Access | State supreme court and appellate decisions since 1950 |
| HeinOnline Access | U.S. Supreme Court Library database, Early American Case Law |
| Nexis Uni Access | Limited to patrons on-site at the Library of Congress |
| Westlaw Patron Access Availability | Limited to patrons in the Law Library Reading Room |
| Government Publishing Office (Govinfo) Access | Official Federal Government publications, authenticated PDF documents |
| Guide to Law Online (Law Library of Congress) Access | Annotated Portal containing selected links to United States, Foreign, and International law resources, many offering primary, full-text legal materials |
| CourtListener Access | Millions of legal opinions from federal and state courts, case name, topic, citation |
| Legal Information Institute Access | Over 46 LII associations around the world that publish source law through their own search engines, providing freely accessible case laws, regulations, and statutes unique to those countries |
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What You'll Learn
Free vs. paid databases
Free case law databases have become increasingly prevalent in recent years, providing an alternative to the costly subscription plans offered by the likes of LexisNexis and Westlaw. These free tools can be a valuable resource for law firms and individuals looking to cut costs without compromising the quality of their research.
The Legal Information Institute (LII) at Cornell Law School, for example, provides access to most US laws for free and is considered a good resource for finding statutes or regulations. Similarly, FindLaw offers a free collection of state and federal court opinions, case summaries, and statutes. CourtListener, sponsored by the Non-Profit Free Law Project, is another free legal research website with millions of legal opinions from federal and state courts.
While free databases have their advantages, they may not offer the same level of editorial enhancements as paid databases. For instance, free sources often lack digests or headnotes that organize cases by points of law, and instead rely primarily on keyword searching and browsing. Paid databases, such as Westlaw and LexisNexis, typically provide more sophisticated search functionalities and editorial features, such as human-edited citators that identify citing cases and flag those that have been reversed or overruled.
Ultimately, the choice between free and paid databases depends on the specific needs and budget constraints of the user. Free databases can be a great option for those seeking basic legal information or looking to supplement their research with additional resources. However, for more advanced or specialized research needs, a paid database with enhanced search capabilities and comprehensive editorial tools may be a worthwhile investment.
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Search methods
When it comes to searching for case law, there are several databases and online resources available. These databases offer various search methods to help users find relevant information efficiently. Here are some common search methods used in case law databases:
Natural Language Search:
This is a basic search method where users input relevant search terms without using connectors. For example, a user might search for "case law on free speech". While this method is straightforward, it may yield a large number of results. To refine the search, users can use quotation marks around exact phrases and include synonyms of major keywords.
Terms and Connectors Search:
In this method, users employ connectors such as "AND" and "OR" between relevant search terms and phrases. For example, a search query might be "free speech AND first amendment". This type of search allows for more complex queries and can help narrow down the results.
Search by Citation:
If you have a specific case citation, you can use it to locate the case in a database. Most databases allow users to enter the citation to find the corresponding case law. This is an efficient way to find a specific case.
Search by Party Name:
Some databases allow users to search for case law by the names of the parties involved. However, this method may be less effective if the names are not unique.
Full-Text Searching:
Full-text searching involves searching for relevant cases by examining the full text of the documents. This method can be powerful, but it may take some practice to master and refine your search results.
Jurisdiction-Based Search:
When looking for cases within a specific jurisdiction, users can start with databases containing that jurisdiction's case law. This helps narrow down the search and find relevant cases within the desired geographic area.
Free and Subscription-Based Databases:
There are both free and subscription-based case law databases. Free databases like CourtListener, Caselaw Access Project, FindLaw, Casetext, Justia, and Legal Information Institute offer extensive resources without a fee. On the other hand, subscription-based databases like LexisNexis and Westlaw provide enhanced searching features and comprehensive case law collections for a price.
In conclusion, when searching for case law, users can employ a variety of methods, including natural language, terms and connectors, citation, party name, and full-text searching. Additionally, considering the jurisdiction and utilizing both free and subscription-based databases can further enhance the effectiveness of the search.
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Database content
For example, FindLaw offers a free collection of state and federal court opinions, state laws, and the United States Code. It also includes case law, case summaries, statutes, a legal search engine, legal news, RSS court updates, and practice information. FindLaw's Learn About the Law feature includes thousands of informational articles to help users understand their options and find an attorney in their area.
Justia offers case law, statutes, regulations, articles, opinion summaries, and limited access to Federal District Court dockets. It also provides extensive, free databases for researching case law, codes, statutes, regulations, and articles related to federal and state cases. Users can also sign up for newsletters with daily and weekly summaries of opinions from federal appellate courts and state supreme courts.
Other databases include Fastcase, CourtListener, Caselaw Access Project, Casetext, and Legal Information Institute. CourtListener features millions of legal opinions from federal and state courts, which can be searched by case name, topic, or citation. The Caselaw Access Project offers free access to all official, book-published US case law, with data digitized from the collection of the Harvard Law Library. Casetext offers a low-cost AI search function for legal research, with a free 14-day trial.
The Legal Information Institute (LII) at Cornell Law School provides access to most US laws online for free, as well as global access to law knowledge through its over 46 LII associations around the world.
Government websites are also increasingly offering free access to court decisions online. The Library of Congress, for example, has digitized volumes of the United States Reports, and the U.S. Government Publishing Office's govinfo website provides access to select federal court decisions from 2004 onwards. Individual federal and state appellate court websites may also provide access to recent decisions.
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Database limitations
While there are many databases available for searching case law, they each have their own limitations. For example, access to Nexis Uni is limited to patrons on-site at the Library of Congress, and access to Westlaw Patron Access is limited to patrons in the Law Library Reading Room. In addition, some databases may only cover case law from specific jurisdictions or courts, such as the U.S. Supreme Court or state courts, or they may only provide access to a certain range of dates. For example, the Caselaw Access Project offers free access to all official, book-published US case law through June 2018, while FindLaw provides access to U.S. Supreme Court decisions since 1760.
Another limitation of case law databases is that they may not always be up to date. Court decisions can take time to be published and digitized, and there may be a delay between when a decision is made and when it appears in a database. Additionally, some databases may only provide access to the full text of cases for a fee, while others may offer limited search functionality or lack advanced search capabilities.
Furthermore, not all case law databases are created equal in terms of their search functionality and user interface. Some databases may be more user-friendly and intuitive to navigate than others, and some may offer more advanced search features, such as natural language processing or AI-powered search capabilities.
It's also important to note that case law databases may not always provide context or analysis of the cases they contain. While they may provide access to the full text of court decisions, users may need to look elsewhere for additional resources or tools to help interpret and understand the case law. Additionally, some databases may not provide access to related resources, such as legal journals or treatises, that could provide valuable context or insights.
Lastly, the quality and reliability of the case law in different databases can vary. Some databases may be more reputable or trustworthy than others, and it's important to verify the accuracy and currency of the information retrieved from any database. It's always a good idea to cross-reference information across multiple sources and consult with legal experts or professionals to ensure the accuracy and applicability of case law to a specific situation or jurisdiction.
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Database alternatives
There are several freely available options for finding case law online through Law Library of Congress research guides. The Library of Congress has digitised volumes of the United States Reports and makes them available to the public as part of its digital collections. The US Government Publishing Office's govinfo website provides access to select federal court decisions from 2004 to the present.
There are also several free legal research tools and databases available online. Some of the best include Fastcase, CourtListener, Caselaw Access Project, FindLaw, Casetext, Justia, and the Legal Information Institute.
Fastcase offers a variety of paid desktop plans, but its mobile app is free to use and provides access to its comprehensive legal research database. CourtListener is a free legal research website featuring millions of legal opinions from federal and state courts. It is sponsored by the Non-Profit Free Law Project and is updated daily. The Caselaw Access Project (CAP), also sponsored by the Non-Profit Free Law Project, offers free access to all official, book-published US case law.
FindLaw offers a browsable, searchable database of US Supreme Court decisions since 1760. It also features an archive of Supreme Court opinion summaries since 2000 and provides free online legal content, including case law from state and federal courts, case summaries, statutes, and legal news.
Casetext offers a low-cost AI search function for legal research, with a free 14-day trial. Justia provides an extensive, free database for researching case law, codes, statutes, regulations, and articles related to federal and state cases.
Legal Information Institutes (LII) are a global resource that offers open access to law knowledge. There are over 46 LII associations around the world that publish source law through their own search engines, providing free access to case laws, regulations, and statutes unique to those countries. The Legal Information Institute (LII) at Cornell Law School provides access to most US laws online for free.
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Frequently asked questions
Case law is the body of prior judicial decisions that guide judges deciding issues before them.
Some common case law search databases include HeinOnline, Nexis Uni, Westlaw, CourtListener, Casetext, Justia, and FindLaw.
Free legal databases often have fewer search features than premium databases, but they can still be useful for finding case law information. Premium databases may offer more advanced search capabilities and additional legal resources.
The easiest way to locate a case is by using a specific citation. If you don't have a citation, you can search by party name, case name, topic, or use secondary sources to find relevant cases.
When searching case law databases, it is important to use relevant keywords and connectors (e.g., AND, OR) to narrow down your results. It is also recommended to use quotation marks around exact phrases and consider synonyms for major keywords. Additionally, make sure the case law you find is up-to-date and still considered good law.
