Case Law: Where To Read And Understand

where to read case law

There are many resources available for those looking to read up on case law. For UK case law, databases such as Lexis+, Westlaw UK, and vLexJustis provide access to full-text law reports, legislation, and journals. For US case law, Google Scholar, FindLaw, and the Legal Information Institute are useful tools to search and read published opinions of US state and supreme court cases. Additionally, Quimbee is a popular resource for law students to get a summary of a case before reading the full opinion and highlighting key phrases.

Characteristics Values
Free resources BAILII, FindLaw, Federal Court Locator, Google Scholar, National Center for State Courts, Find Case Law
Paid resources Lexis+, Westlaw UK, vLexJustis
Date range Lexis+ and Westlaw UK: UK case law since 1865; US case law dates vary
Jurisdictions BAILII: 7 jurisdictions; Lexis+ and Westlaw UK: UK, Europe, US, many others; vLexJustis: UK and EU
Content Lexis+ and Westlaw UK: full text law reports, transcripts, commentary, notes, current awareness, Halsbury's Laws of England; vLexJustis: index to case law, legislation and journal articles, leading authorities, current status of the law

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Online databases: Lexis+, Westlaw UK, BAILII, FindLaw, Google Scholar

Online databases

Lexis+

Lexis+ is a comprehensive online legal research platform that provides access to a wide range of legal information, including case law, statutes, regulations, news sources, public records, and company profiles. It offers a user-friendly interface that allows users to seamlessly integrate their legal research with Microsoft applications and access information from their tablets, smartphones, and laptops. Lexis+ also includes features such as data visualization technology, Ravel View, and Shepard's Citations Service, which enhance the search experience and provide valuable insights.

Westlaw UK

Westlaw UK is an online database that offers full-text law reports, summary reports, and full-text transcripts. It covers UK and European jurisdictions and includes important law report series such as ICLR's Law Reports (since 1865) and Weekly Law Reports (since 1953). Westlaw's Case Analysis documents provide additional resources, such as case digests, links to cited cases, relevant legislation, and journal articles. It also offers a graphical history feature, allowing users to visualise the development of a case over time.

BAILII

BAILII (British and Irish Legal Information Institute) is a free online resource hosted by the Institute of Advanced Legal Studies and the Law Faculty, University College Cork. It comprises 90 databases covering seven jurisdictions, including decisions from the House of Lords, Court of Appeal, European Court of Justice, and tribunals. BAILII also features a 'Leading Case Law by Subject' database, which aims to identify and make freely available important case law from the past to support legal education.

FindLaw

FindLaw is a legal website that provides a wealth of information and resources for both legal professionals and individuals seeking legal assistance. It offers a free collection of state and federal court opinions, state laws, and the United States Code. FindLaw also features thousands of informational articles to help users understand their legal options and connect with attorneys in their area. The website covers legal concepts addressed by cases and statutes, including decisions from the U.S. Supreme Court and federal courts of appeals, as well as case summaries.

Google Scholar

Google Scholar is a well-known search engine specifically designed for scholarly literature, including case law. It allows users to search for legal information, including court opinions, legal journals, and books. Google Scholar covers a wide range of jurisdictions and provides access to a variety of legal resources. It is a popular tool for legal research and often used in conjunction with other databases.

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Law Libraries: University of Reading, University of Michigan, Middlesex University

The University of Reading's library provides a range of resources for law students. Books for Law can be found on the 2nd floor of the library and can be searched for using the Enterprise catalogue. The library also provides access to UK cases, including The Law Reports, All England Law Reports, and English Reports, as well as cases from Ireland, Northern Ireland, and Scotland from 1945. The library also has a collection of US law reviews from the 1980s and selected journals from common law jurisdictions, including Canada, Australia, and New Zealand.

The University of Michigan's library also offers resources for law students, including the Graduate Library, which collects works about law and its relation to society. The library also provides access to US Legislative Materials & Histories and the Bluebook: a Uniform System of Citation, which is commonly used for legal research. Additionally, the library offers a research guide from the University of Michigan Law Library, which can be useful for in-depth legal research.

Middlesex University's law library is located on the 2nd floor of the Sheppard Library and houses law textbooks, printed law journals, and printed law reports. The library provides access to databases such as Westlaw, Lexis, and JustCite, which can be used to find case law and legislation from various jurisdictions. The library also offers guidance on referencing and using case law in research. Additionally, if a required journal or book is not available, the library can obtain it from the British Library.

Overall, these university law libraries provide a wealth of resources and support for students studying law, offering access to case law, legislation, journals, and textbooks, as well as guidance on referencing and research methods.

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Law reports: The Law Reports, All England Law Reports, English Reports

The All England Law Reports (All ER) are a long-running series of law reports covering judgments from the court system in England and Wales. They are a commercially produced alternative to the "official" reports produced by the Incorporated Council of Law Reporting (under the title The Law Reports). The All England Law Reports are published by LexisNexis Butterworths and are available in print and online via Lexis+. The online database provides full text, summaries of judgments, and cross-references to relevant authorities. The All England Law Reports have an unrivalled reputation in all common law jurisdictions.

The Law Reports, produced by the Incorporated Council of Law Reporting, are considered the "official" law reports and are the fullest and most authoritative reports. They are available through online databases such as Westlaw UK and LexisLibrary, which provide access to case judgments and legislation.

In addition to the above, there are also specialist law reports that cover specific areas of law, such as the Criminal Law Reports (Crim LR), Reports of Patent Cases (RPC), and Lloyd's Law Reports (Lloyd's Rep). These reports may be cited in court if the judgment is not reported in the Official Law Reports, the All ER, or the WLR.

It is also worth noting that brief reports of judgments can sometimes be found in newspapers such as The Times, and case comments are often published in legal journals.

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Court websites: US Supreme Court, UK courts, Federal Court Locator

Court websites are a great source for reading case law. Here is an overview of some court websites that provide access to case law in the US and UK.

US Supreme Court

The US federal court system provides public access to court records through the Public Access to Court Electronic Records (PACER) service. PACER allows users to search for federal court cases nationwide and access case information, including case summaries, docket entries, and documents. To use PACER, individuals must register for an account and incur a fee of $0.10 per page, with a cap of $3.00 per document. However, 75% of PACER users do not pay any fees in a given quarter, and there is no charge for accessing bankruptcy court information through the Multi-court Voice Case Information System. The PACER Case Locator can assist in finding case numbers and court locations when searching by case number or party name.

UK Courts

The UK government's National Archives website provides access to judgments and decisions from UK courts dating back to 2003. This website offers a searchable database of case law, allowing users to find and read relevant judgments and decisions.

Federal Court Locator

The Federal Court Locator website did not appear in the search results. However, it is worth noting that the PACER website mentioned earlier provides a similar function. By registering for a PACER account, users can access federal court records online. Each court maintains its own case information, so users can search for cases within a specific district or circuit. Additionally, the PACER Case Locator helps users find cases by generating a list of nationwide court locations and case numbers associated with a particular party involved in federal litigation.

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DVD and print: Donoghue v Stevenson, The Library's Current Law Case Citator

Case law can be accessed in print and DVD formats. The University of Reading Library's print volumes of the Current Law Case Citator can be used to search for citations to reported cases. Similarly, the University of Middlesex Library has a DVD on the ground floor that dramatises the landmark case of Donoghue v Stevenson and can be borrowed for a short period. This case established a fundamental principle in English law: the modern concept of negligence, specifically the duty of care.

Before the Donoghue v Stevenson case in 1932, the law of negligence in English jurisprudence was more limited and primarily tied to the principles of contract law. The four key characteristics of negligence law before this case were:

  • Contractual Basis: The duty of care was generally recognised only within a contractual relationship.
  • Privity of Contract: Only parties to a contract could sue each other for breach.
  • Reliance on Established Case Law: The development of negligence law was incremental and cautious.
  • No General Duty of Care: There was no general liability for negligent behaviour.

In the case of Donoghue v Stevenson, the judgement was made in favour of Mrs Donoghue. The House of Lords concluded that Mr Stevenson, the ginger beer manufacturer, bore a duty of care towards Mrs Donoghue, despite the absence of a direct contractual relationship between them. This case established that a duty of care could exist independently of a contract.

Frequently asked questions

There are several resources for finding UK case law. LexisLibrary, Westlaw UK, and BAILII are all databases that provide access to full-text law reports and UK case law. The University of Reading's library also provides access to UK-published law reports online. Additionally, The Find Case Law service offers free access to judgments and decisions made in England and Wales from 2001 onwards.

For US case law, you can refer to resources such as FindLaw, which offers a searchable database of US Supreme Court opinions and case summaries. Google Scholar is another option, providing access to published opinions of US state appellate and supreme court cases since 1950. The Villanova University School of Law's Federal Court Locator also provides links to recent opinions from federal courts.

Depending on the jurisdiction you're interested in, there are various resources available. Lexis+ and LexisLibrary cover US, UK, EU, and Commonwealth jurisdictions. Westlaw UK includes UK and European jurisdictions. BAILII covers seven jurisdictions, including European Court of Justice and tribunals. Additionally, Google Scholar provides access to US federal court cases and US Supreme Court cases, which may be relevant for certain international cases.

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