Content
This module contains materials about Case Law. These materials include:
- Case Law Citations
- Levels of Federal Court
- Case Law Precedent
- Search Advisor
- LexisNexis Case Law Enhancements
I. Citations
A. Overview
Every time a legal researcher sets forth a legal proposition in writing, the researcher must provide a citation to the materials used. The citation, or "cite", identifies a legal authority or reference work, such as a constitution, statute, court decision, administrative rule, or treatise. Citations are necessary regardless of whether the researcher is using primary authority or secondary authority. Citations are required for both direct quotations and paraphrased material.
Proper and complete citation for each statement of the law allows for others, such as judges, attorneys, and legislators to assess the reliability of the statement. Uniformity in the way materials are cited is important since a citation communicates the precise location of the authority.
B. Case Law Example
An example of a citation of a case is:
Resolution Trust Corp. v. Chapman, 29 F.3d 1120 (7th Cir. 1994)
The name, Resolution Trust Corp. v. Chapman, is the "short-name" of the case. The actual name as published is:
RESOLUTION TRUST CORPORATION, Plaintiff-Appellant, v. HENRY CHAPMAN, et al., Defendants-Appellees,
Within the name of the case the "v." stands for "versus" (that is, "against"), as in "Resolution Trust Corporation versus (or against) Chapman". The abbreviation "et al.", from the Latin "et alii", means "and others".
The citation is comprised of a series of numbers and abbreviations that provide a shorthand "address" for where to find that particular authority. For example a citation to case law includes the volume number, page number, name of the reporter in which the case appears, and the year in which the case was decided.
Court decisions can be published in case reporters. Federal Appellate Court decisions, like this, are reported in the Federal Reporter (abbreviated F., F.2d, or F.3d, indicating the first, second or third series of the Federal Reporter). The number 29 preceding the reporter name indicates the volume and the number 1120 following indicates on which page in that volume the decision begins. The parenthetical includes an abbreviation for the court in which the case was decided, 7th circuit, and the year in which the decision was issued, 1994.
The following table gives a list of reporters that contain Federal case law.
| Federal Court |
|
Opinions Found in |
|
Reporter Abbreviation |
|
Dates of Coverage |
| U.S. Supreme Court |
|
U.S. Reports |
|
U.S. |
|
1790 - present |
| |
|
Supreme Court Reporter |
|
S. Ct. |
|
1882 - present |
| |
|
U.S. Supreme Court Reports, Lawyers' Edition, Second Series |
|
L. Ed. 2d |
|
1956 - present |
| |
|
U.S. Supreme Court Reports, Lawyers' Edition |
|
L. Ed. 2d |
|
1790 - 1956 |
| U.S. Courts of Appeals |
|
Federal Reporter, Third Series |
|
F.3d |
|
1993 - present |
| |
|
Federal Reporter, Second Series |
|
F.2d |
|
1924 – 1992 |
| |
|
Federal Reporter |
|
F. |
|
1880 - 1924 |
| |
|
Federal Cases |
|
F. Cas. |
|
1789 - 1880 |
| U.S. District Courts |
|
Federal Supplement, Second Series |
|
F. Supp. 2d |
|
1998 - present |
| |
|
Federal Supplement |
|
F. Supp. |
|
1932 - 1998 |
| |
|
Federal Reporter, Third Series |
|
F.3d |
|
1993 - present |
| |
|
Federal Reporter, Second Series |
|
F.2d |
|
1922 - 1932 |
| |
|
Federal Reporter |
|
F. |
|
1880 - 1922 |
| |
|
Federal Cases |
|
F. Cas. |
|
1790 - 1880 |
| |
|
Federal Rules Decisions (decisions on procedural rules only) |
|
F.R.D. |
|
1939 - present |
C. Parallel Citations
Many opinions (especially those from state courts) are reprinted in more than one reporter. Those reporters must be mentioned in a citation as well and are known as "parallel citation". United States Supreme Court cases are reported by three different publishers: the Government Printing Office, Lawyer’s Cooperative (Lexis Law Publishing), and West Publishing. The official reporter for the U.S. Supreme Court is the Government Printing Office version, abbreviated "U.S." The two unofficial reporters are abbreviated "L. Ed." (Lawyer’s Cooperative) and "S. Ct." (West). All of these reporters provide parallel citations for the same case, so the case Bond V. Floyd is cited as follows:
Bond v. Floyd, 385 U.S. 116, 87 S. Ct. 339, 17 L. Ed. 2d 235 (1966)
D. Uniform Citations
The most universally recognized standard publication on citations is the Harvard Bluebook, which is officially titled The Bluebook: A Uniform System of Citation. The Blue Book, as it is known, sets out the rules that most lawyers use when citing legal authority; therefore, it is essential to understand how citations are arranged for different types of legal authority.
It should be noted that some courts have issued rules for citation form that modify the Blue Book rules. Because these modified rules would control citation form in those courts, one should always make sure that the jurisdiction's rules of court contain such modifications. Otherwise, the Blue Book generally remains the standard reference on citation form.
II. Levels of Courts
A. Overview
There are two distinct judicial systems in this country: federal and state. In general, the court structure at the federal and state levels is set up similarly. Typically there is a lower court, usually called the trial court; a second level court where appeals are heard, called the appellate court; and the highest court, called the supreme court.
B. The Federal District Courts
Generally, on the Federal Level, a case is initially filed in the United States District Court. There is at least one district court in each state. The number of judges sitting on each federal district court varies from district to district.
This step in the process is often referred to as the trial level. The trial court determines the facts of a case. In a criminal case, that means determining if the defendant is guilty; in a civil case, it means determining what actually happened. Once the judge and/or jury makes a determination on the facts, and the judge will apply the law.
In addition to the US District Courts and the Federal Courts of Appeal, there are special federal courts that deal with particular areas of the law, like Bankruptcy and Tax.
C. The Federal Courts of Appeals
1. Overview
The losing party at the trial court level may appeal to the next level, the appellate court. On the Federal Level, this layer of courts is called the Circuit Courts of Appeals. There are currently thirteen circuits. At this level, only questions of law are determined, and there are no juries.
In addition to the US District Courts and the Federal Courts of Appeal, there are special federal courts that deal with particular areas of the law, like Bankruptcy and Tax.
2. The Thirteen Federal Judicial Circuits
1st Circuit - Boston
Maine, Massachusetts, New Hampshire, Rhode Island, Puerto Rico
2nd Circuit - New York
Connecticut, New York, Vermont
3rd Circuit - Philadelphia
Delaware, New Jersey, Pennsylvania, Virgin Islands
4th Circuit - Richmond
Maryland, North Carolina, South Carolina, Virginia West Virginia
5th Circuit - New Orleans
Louisiana, Mississippi, Texas, Canal Zone
6th Circuit - Cincinnati
Kentucky, Michigan, Ohio, Tennessee
7th Circuit - Chicago
Illinois, Indiana, Wisconsin
8th Circuit - St. Louis
Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota
9th Circuit - San Francisco
Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, Washington
10th Circuit - Colorado
Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming
11th Circuit - Atlanta
Alabama, Florida, Georgia
DC Circuit - Washington, DC
District of Columbia
Federal Circuit - Washington, DC
The jurisdiction of the Court of Appeals for the Federal Circuit (Federal Circuit or court) is defined in terms of subject matter rather than geography. These articles cover substantive legal issues in the areas of tax, international trade, intellectual property, federal personnel, and federal procurement. Yet these articles do not cover all of the vital areas of the Federal Circuit's jurisdiction. The Federal Circuit's enabling legislation also gives appellate jurisdiction over Fifth Amendment takings claims, military review cases, Indian claims, and other Tucker Act cases.
D. The United States Supreme Court
The Supreme Court is the highest court in the country, also called the court of last resort. Nine Justices sit on the United States Supreme Court. The Court is required to take certain cases, such as disputes between states, but the Justices generally pick and choose which cases the Court will hear. Typically, disputes involving new or developing principles of the law are those that the Supreme Court decides to hear.
When the Supreme Court agrees to hear a case, it "grants certiorari"; if it decides not to hear a case, it "denies certiorari." Certiorari is defined as a writ issued by a superior court to an inferior court requiring the inferior court to produce the record of a case it tried. Thus, if the Supreme Court grants certiorari, the lower court must produce the court record, so that the Supreme Court knows on what the lower court based its decision. A decision by the Supreme Court on federal law binds all federal courts. A decision based on the Constitution affecting the people of a state is binding on all states.
E. Sample Searches
· To locate a case if you have the party name:
SOURCE: Federal Legal – U.S. / Federal Cases, Combined Courts
SEARCH: name (shalala)
· To locate a federal case where a certain attorney served as counsel:
SOURCE: : Federal Legal-US / Federal Cases after 1944, Combined Courts
SEARCH: counsel (Bailey /2 F Lee)
· To locate a federal case dealing with a particular issue:
SOURCE: : Federal Legal-US / Federal Cases after 1944, Combined Courts
SEARCH: common law marriage w/50 social security
FOCUS: widow
F. The State Level
1. Overview
The state court systems are similar to the federal system, but the courts in many states are named differently. For example, in New York the trial courts levels are called the Supreme Courts, the appeals court is called the Appellate Division of the Supreme Court, and the highest court is called the Court of Appeals. Also, some states do not have the middle level appellate court, so trial level appeals go to the highest court; this is typical in states with smaller populations, such as Montana.
2. Comparative Examples of Federal and State Court Structures
| Typical Court Structure |
|
Federal |
|
State |
|
| Final Appellate Court |
|
U.S. Supreme Court |
|
Wisconsin Supreme Court |
| h |
|
h |
|
h |
| Intermediate Appellate Court |
|
U.S. Court of Appeals for the 9th Circuit |
|
Wisconsin Court Of Appeals |
| h |
|
h |
|
h |
| Trial Court |
|
U.S. District Court For the Central District Of California |
|
Dane County Circuit Court |
III. Precedent
A. Stare Decisisions
The law is an attempt to create principles that are applicable to certain factual situations so that people who later encounter similar situations can predict how the courts will rule. The fundamental policy of courts to adhere to the precedents set by earlier decisions is called stare decisis. The literal meaning of stare decisis is to "let the decision stand."
In practice it means that courts will, generally, follow principles of law laid down in earlier cases when ruling on cases with substantially similar facts, regardless of whether the parties are the same. The principle of stare decisis allows for an "element of predictability" in legal decisions.
B. Mandatory or Persuasive
A model case that a court can follow when facing a similar situation is known as precedent. There are two types of precedent: mandatory, or binding, and persuasive. Mandatory, or binding, precedent is an earlier decision that a court must follow. Persuasive precedent is a case that a court is free to follow or to ignore.
C. Where Binding
1.Overview
In general, a court’s location determines whether a given precedent is binding or persuasive. Lower courts only follow the rulings of higher courts within the same jurisdiction. Jurisdiction is the power of a court to decide a matter in controversy.
2.Federal
For example, the United States Federal District Courts, such as the Eastern District of the Commonwealth of Virginia, are bound by the rulings by the Fourth Circuit Court of Appeals. The 13 Federal Courts, the Circuit Courts, however, are not required to follow the precedent set out by rulings in any other circuit. All Federal Courts, whether District or Circuit, must abide by the decisions of the United States Supreme Court. Finally, all courts are bound by its earlier decisions, unless it or a higher court reversed the decision.
3.State
The same is true on the state level, the Wisconsin State Court of Appeals must follow the legal principles set forth by the Wisconsin State Supreme Court. The Wisconsin State Trial Courts, such as the Dane County Circuit Court, are bound by the precedent set by the Washington Court of Appeals and the Wisconsin Supreme Court. No Wisconsin State Court is bound, though, by rulings of the Michigan Supreme Court, which is in a different jurisdiction. All state courts must follow decisions of the United States Supreme Court if it involves interpretation of the U.S. Constitution and applies to actions by the state.
D. Collecting Precedent
Legal professionals rely on the written opinions of judges from federal and state appellate and supreme court. These decisions historically have been collected chronologically in series of books called reporters.
The body of law in the United States annually grows exponentially as a result of the vast number of lawsuits filed. The Federal government, as well as many states, has responded by no longer allowing the publication of every appellate court decision. These unpublished, and important, decisions are, however, available by using computer assisted legal research (C.A.L.R.), such as LexisNexis.
IV. Search Advisor
A. Overview
Search Advisor is a research tool designed to locate legal materials within a specific area of law. Search Advisor will help you target your legal issue, identify your legal source, and structure your search request.
B. Selecting A Legal Topic
1. Choose from my last 20 Topics
LexisNexis catalogs the 20 most recently used topics under the ID. The user can easily access the topics by clicking on the drop down arrow and selecting one of the topics. This feature is essentially a short cut to the topics that you use most.
2. OPTION 1 – Find
The FIND feature allows you to easily locate a topic by the topic title or by the topic description. LexisNexis will search within the folders to locate that particular topic and generate a list of topics that deal with that subject. For example, you can type in “social security” and click on FIND.
3. OPTION 2 – Topic Directory
The TOPIC DIRECTORY is a series of folders and subfolders that contain all of the subjects based on practice areas. You can navigate through the folders until you locate the topic that is appropriate to your research session.
C. Topic Information Screen
The topic information screen will provide a summary of the content of the documents under this topic.
D. Additional Terms
Search Advisor will generate a group of documents with language patterns similar to the topic description under the Topic Information Screen. However, prior to the search, the user may suggest some additional terms to give Search Advisor a particular direction.
E. Type of Materials
Search Advisor extends beyond the limited amount of cases touched by case law headnotes created by other publishers. In fact, Search Advisor coverage not only includes case law, but it includes law reviews, legal news and area of law practice treatises.
F. Sample Search
- Select Labor & Employment Law Topic Folder
- Select Employee Privacy Topic Subfolder
- Select Drug & Alcohol Testing Topic
- Under the Select Jurisdiction Field, Select Labor Cases and Administrative Materials
- Federal
- Type in Probable Cause
- Click Search
- Focus on employee /5 locker
V. Case Law Enhancements
A. Core Terms
Core Terms are important words and phrases extracted directly from the text of the case. The terms are listed in descending order of significance with the most important terms listed first. Searchable Core Terms allow you to find cases that contain the most relevant facts and points of law.
B. Cite List Overviews
Cite List Overviews give you an abstract of the case when you view the results in the Cite format.
C. Case Summaries
Case Summaries are editorial abstracts of the case. Each case summary contains three sections:
1. The Procedural Posture describes the case’s prior history.
2. The Overview provides a brief review of the court’s holding on the legal issues.
3. The Outcome describes the disposition of the case.
D. Core Concepts
Core Concepts are legal points of the case. Core Concepts are drawn directly from the language of the case so there is no potential for misinterpretation of the court’ analysis.
E. ECLIPSE
ECLIPSE is an electronically clipping service that allows you to follow the development of topics of interest. You can have LexisNexis automatically re-run searches for updates on a schedule that you select.
F. More Like This
More Like This allows you to retrieve documents that match the similar language patterns or core citation patterns of the document that you are currently viewing. LexisNexis will analyze your selected document and launch a search in your chosen source to retrieve documents with similar word or citation patterns.
G. More Like Selected Text
More Like Selected Text allows you to retrieve documents that match the similar language patterns or core citation patterns of a selected passage of the document that you are currently viewing. LexisNexis will analyze your selected passage and launch a search in your chosen source to retrieve documents with similar word or citation patterns.
H. Case Law Signals
Case Law Signals are an at-a-glance indicator of the status of the case. You should consult Shepard’s on LexisNexis to for the exact status the case.
1. Negative: Strong negative treatment is indicated.
2. Caution: Possible negative (mild negative) treatment is indicated.
3. Positive: True (only) positive treatment is indicated.
4. Citing References with Analysis: Citing references with analysis available. Case has been analyzed in some way, although not in a negative or positive manner.
5. Citation Information Available: Citing references available. Case has been cited and not analyzed in any way.
Click HERE to go to Judicial and Case Law Practice Questions.