Cameron Miranda
Attorneys may ask their clients to find case law for a variety of reasons, including to provide accurate legal guidance, to support a legal argument, or to educate their clients on how the law applies to their case. Case law research can be complex, and it is important to ensure that the case law has not been superseded and is relevant to the specific jurisdiction. Researchers may need to determine whether their issue is inherently federal or state, as this will impact the court system and hierarchy that they need to navigate. There are several resources available to find case law, including annotated codes, digests, legal encyclopedias, and online research services such as Westlaw and LexisNexis.
| Characteristics | Values |
|---|---|
| Purpose | To find support for a specific legal issue or decision |
| Sources | Statutes, regulations, and court opinions |
| Jurisdiction | Federal or state law |
| Tools | Westlaw, LexisNexis, Google Scholar |
| Case reporters | Sources specific to a court |
| Case citations | Available in annotated codes, digests, legal encyclopedias |
| Case law validity | Ensure case law has not been superseded |
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What You'll Learn
Identify the legal issue
When an attorney asks you to find case law, it is important to first identify the legal issue at hand. This process is not always straightforward and requires critical thinking and rigorous analysis. Here are some steps and considerations to help you identify the legal issue effectively:
Understand the Facts and Actions
Begin by identifying all the relevant facts and actions involved in the case. This includes examining each step and detail that led to the current situation. For example, in a personal injury case, identify the sequence of events that led to the injury, such as the actions of both parties and any witnesses.
Identify Potential Legal Issues
Based on the facts and actions identified, start spotting potential legal issues. Consider the laws, regulations, and legal principles that may be relevant. Ask questions such as: "Are there any laws prohibiting the actions taken?" or "Were any rights violated?" For instance, in a contract dispute, the legal issue may revolve around breach of contract and the interpretation of specific clauses.
Narrow Down the Issues
After identifying potential legal issues, focus on the specific issues relevant to your case. Prioritize the issues that have the most significant impact on the case's outcome. Consider the jurisdiction and the applicable laws in that region. For example, distinguish between federal and state law, and within state law, consider the specific state in question, as laws can vary between states.
Interpret Legal Precedents and Theories
Interpreting legal precedents and theories is crucial for justifying your identification of the legal issue. Research and understand past cases with similar issues to gain insight into how courts have interpreted the law. This will help you determine the legal principles and theories that apply to your case.
Be Adaptable
Remember that legal research is often non-linear. Be prepared to go back and forth between sources and even revisit secondary sources as your understanding of the legal issue evolves. Stay open to finding answers in unexpected sources, such as sample briefs filed by other attorneys.
Verify Your Sources
Ensure that you are using valid and up-to-date sources of case law. Verify that the laws and cases you rely on have not been invalidated or overturned by a court. This step is crucial for ensuring the accuracy and reliability of your research.
Identifying the legal issue is a foundational step in conducting effective legal research. It guides your search for relevant case law and ensures that you are addressing the specific needs of the attorney and the case at hand.
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Understand the jurisdiction
Understanding the jurisdiction is a crucial aspect of finding case law when asked by an attorney. Jurisdiction refers to the court's power or authority to hear and decide a case. It encompasses both personal jurisdiction and subject-matter jurisdiction.
Personal jurisdiction refers to the court's authority over the person, business, or organisation being sued. Typically, a court has personal jurisdiction over an individual if they reside in the state where the court is located. For businesses or organisations, personal jurisdiction is established by their presence or business operations within the state.
Subject-matter jurisdiction, on the other hand, relates to the court's authority over the legal issue or dispute at hand. This means that the court must have the competence to adjudicate on the specific type of case being presented to them. For example, Congress has limited the subject-matter jurisdiction of the United States Tax Court solely to cases pertaining to taxation.
In the United States, there is a jurisdictional division between state and federal courts. Federal courts possess exclusive jurisdiction over certain matters of national significance, such as patent and admiralty law. State courts, on the other hand, are generally considered courts of general jurisdiction, meaning they can hear a broader range of disputes and causes of action.
It is worth noting that in some instances, both federal and state courts may have concurrent subject-matter jurisdiction, allowing parties to choose the forum they believe will be most advantageous. Attorneys often engage in "forum shopping," selecting the court they deem most favourable for their client's case.
Additionally, the concept of jurisdiction extends beyond domestic borders and influences international law. For example, the jurisdiction of international criminal tribunals, such as the International Criminal Tribunal for Rwanda, holds international political significance.
When understanding jurisdiction, it is also essential to distinguish between "jurisdiction" and "venue." While jurisdiction refers to the state and court where you file your lawsuit, the "venue" is the specific county within that state. In some situations, the venue can be changed to another county or district, such as when a case has received widespread pre-trial publicity or for the convenience of witnesses.
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Use a law library
While the internet has made it possible to find almost everything that was once confined to a library, law libraries remain an important resource for accessing archived legal information that is unavailable elsewhere.
How to Use a Law Library
Understand the Basics of Legal Citations
Cases are published in reporters, and each case citation generally includes the names of the parties involved, the volume number, the abbreviated reporter title, and the page number. For example, in the citation "Hebb v. Severson, 201 P.2d 156 (Wash. 1948)", "Hebb and Severson" are the parties in the case, "201" is the volume number, "P.2d" is the abbreviated reporter title, and "156" is the page number. The citation also indicates that the case was decided by the Washington State Supreme Court in 1948.
Locate the Case Reporter
Once you have a citation, the first step is to identify the appropriate reporter. The abbreviated title of the reporter will be included in the citation, and you can use this to find the full reporter title. With the full reporter title, you can then locate the reporter series in the law library.
Identify the Volume and Page Number
The volume number always precedes the abbreviated reporter title in a citation. After locating the reporter series, identify the volume where the case is located. The volume number is usually located on the spine of each reporter. Next, determine the page on which the case begins. The page number always follows the abbreviated reporter title in the citation.
Consult Secondary Sources
Secondary sources, such as legal encyclopedias, treatises, and restatements, can provide thorough explanations of legal principles and citations to relevant case law. Starting with these sources can help you save time and gain a broader understanding of the legal issue you are researching.
Utilize the Library's Resources
Law libraries often have their own online databases and research guides that can aid in your legal research. For example, the Georgia State University College of Law Library has the West's Federal Practice Digest in its collection, which can be searched using a Table of Cases or a Digest System that subdivides the law into broad legal issues and specific key numbers.
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Check for precedents
When an attorney asks you to find case law, it is important to understand the basics of legal research. This involves finding the laws, statutes, regulations, and court opinions that are relevant to the specific legal issue at hand. Case law research can be complex, and it is crucial to check for precedents to ensure that the information you are presenting is accurate and up-to-date.
Checking for precedents is a critical step in legal research. Precedents refer to the past decisions made by higher courts that serve as a guide for similar cases in the future. When checking for precedents, it is essential to consider the jurisdiction and the court hierarchy. Different states may have different case laws, so it is important to focus on the relevant jurisdiction. For example, a case law in California may not apply to a legal project involving New York law. Understanding the court hierarchy will help you determine which courts can overturn the decisions of other courts and which courts must follow the precedents set by higher courts.
To find case laws and precedents, you can utilize various resources. Online research services specifically designed for legal research, such as Westlaw, can be extremely helpful. Westlaw provides access to annotated statutes, which include vital information such as a list of important cases that cite the statute. Additionally, you can refer to research guides available at law libraries, which can provide books and resources relevant to your legal issue. Law librarians can assist you in finding the right materials without providing legal advice.
Another important aspect of checking for precedents is understanding the court system and the hierarchy of courts. This includes knowing the difference between trial courts and appellate courts. Trial courts are generally the lowest courts in the hierarchy, where cases typically begin. Appellate courts, on the other hand, hear appeals from lower courts and do not answer questions of fact or review the evidence. Decisions made by appellate courts are often published and used as future precedents. However, it is important to note that not all case law is published, and unreported opinions may have specific rules regarding their use as precedents.
When checking for precedents, it is crucial to ensure that the case law you find has not been superseded or overturned by a higher court. This information can often be found through online research services or by consulting with legal professionals. Additionally, it is important to consider the specific topic and legal issue you are researching. The Digest System subdivides the law into broad legal issues, known as Topics, and further categorizes them into specific legal issues, called Key Numbers. By identifying the Topic and Key Number of your legal issue, you can easily find cases from other jurisdictions that discuss the same issue.
In conclusion, checking for precedents is an essential step when an attorney asks you to find case law. It involves understanding the jurisdiction, court hierarchy, and the difference between trial and appellate courts. By utilizing online resources, law libraries, and the Digest System, you can effectively find relevant case laws and precedents to support your legal arguments. Remember to verify that the information you present is accurate, up-to-date, and applicable within the relevant jurisdiction.
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Verify the law is still valid
When verifying if a law is still valid, it is important to note that laws are often amended over time, with language being changed, added, or deleted. Therefore, it is crucial to consult the most up-to-date sources to ensure the accuracy of your information. Here are some steps to help you verify if a law is still valid:
Official Sources
Start by checking official sources to find the most recent version of the law. In the United States, for example, the United States Code provides the current, amended laws. Official websites of government bodies, such as Congress, GPO govinfo, or the Senate and House Document Rooms, are reliable sources for finding the latest laws and their historical versions.
Citator Services
Use citator services such as Westlaw, Lexis, and Bloomberg to validate your case research. These services will indicate if a case has been negatively treated, overruled, reversed, or superseded. While these services are generally reliable, it is important to remember that they are fallible and may not always be up to date. Therefore, it is always a good idea to double-check with another citator service, especially if the case is critical to your analysis.
Legislative History
To understand the evolution of a law, examine its legislative history. This involves reviewing congressional committee hearings, reports, debates, and other documents associated with the law's development. By understanding the context and intent behind the law, you can better assess its validity and any potential amendments.
Case Law Updates
Stay informed about case law updates through reliable sources such as KeyCite and Shepard's. These sources provide information on pending legislation and changes to statutes. Additionally, the Office of the Law Revision Counsel's website offers free access to amendments and changes made by the legislator.
Historical Versions
If you need to understand how a specific statute has changed over time, tools like Westlaw Edge's Statutes Compare allow you to easily compare historical versions of statutes. You can access these historical versions, which are like snapshots of particular statutes during specific periods, and see how they appeared on certain dates.
Read the Cases
Finally, remember that there is no substitute for reading the cases themselves. While citator reports are useful, they may not always provide the full context. By reading the cases, you can make a more informed decision about the validity and applicability of the law to your specific situation.
By following these steps and staying diligent in your research, you can effectively verify if a law is still valid and ensure that your legal arguments are based on accurate and up-to-date information.
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Frequently asked questions
Case law refers to the laws, statutes, regulations, and court opinions that apply to the facts of a case.
Attorneys need case law to back up their legal arguments and support their position in a motion or brief filed with the court.
Case law can be found in print volumes, such as law reports and legal encyclopaedias, or online through legal research services like Westlaw and LexisNexis. Public law libraries can also provide assistance in finding case law.
If you don't have a case citation, you can try using annotated codes, digests, or legal encyclopaedias, which provide citations to case law or indexing functions to help you locate relevant cases.
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