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This guide explores the U.S. court system, detailing the characteristics of cases, the trial and appellate court processes, and how opinions are structured. Learn how lawsuits begin, the overwhelming number that settle out of court, and how appellate courts differ from trial courts. We’ll provide insights on finding specific cases through citations and legal research tools, as well as exploring significant case reporters and resources for legal research. Essential for anyone navigating the complexities of the legal system.
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First Amendment:Legal Sources September 29th
What is a Case? • Case = decision = opinion = judgment • Issued in writing by a court of law • Resolves a controversy
How a Case Begins? • Lawsuit filed with a court • In writing • 98+ % of lawsuits filed settle out of court • Very small percentage goes to trial
Trial Court • A judge presides • Jury may be present • Typical in criminal cases • Evidence introduced • Witnesses testify • Documents introduced • Many trial court decisions not published
Appellate Court • Judge presides, usually at least 3 • Hears appeal from trial court • No jury; judges and attorneys only • No additional evidence or legal issues presented • Decisions frequently published, but not always • Can overturn trial court or lower appellate court decisions
U.S. Court System • U.S. District Courts – trial courts • U.S. Circuit Courts of Appeal – intermediate appellate courts • U.S. Supreme Court
Case Reporters • U.S. District Courts • Federal Supplement (F. Supp., F. Supp. 2d) • U.S. Circuit Courts of Appeal • Federal Reporter (F., F.2d, F.3d)
U.S. Supreme Court Case Reporters • United States Reports (U.S.) • Published by U.S. government • United States Supreme Court Reports, Lawyers’ Edition (L.Ed., L.Ed.2d) • Published by LexisNexis • Supreme Court Reporter (S.Ct.) • Published by West
Case Citation Form Gonzales v. Williams, 192 U.S. 1, 24 S.Ct. 177, 48 L.Ed. 317 (1904). First number = volume of case reporter Second number = page number of first page of decision
Anatomy of an Opinion • Caption • Names of parties • Court • Date of decision • Headnotes • Syllabus by Court Reporter • Opinion of the Court • Concurring and Dissenting Opinions
How to Find a Specific Case • Citation – use Westlaw Campus • Identify the jurisdiction • Identify a party’s name (plaintiff or defendant) • Identify a fact from the case and a relevant legal concept; then run a search
Why Can’t I Find the Case? • Trial court decisions – small % published • State trial court decisions rarely published (except New Jersey and Pennsylvania) • Case settled – no opinion • Jury trial – jury verdict form only; not published • Unpublished opinion • Written opinion but judge decides not to publish; copy available at courthouse
US Supreme Court Briefs • Landmark Briefs and Arguments of the United States Supreme Court • Records and Briefs of the Supreme Court of the United States (microfiche) • LexisNexis Academic • Westlaw Campus • Findlaw Supreme Court Center
Case Digests • Organized by legal subject • West key number • Includes abstract of case and citation to case reporter • Multivolume descriptive word index • Federal Practice Digest • Atlantic Digest
Electronic Legal Sources for Cases • LexisNexis Academic / Legal Research • Westlaw Campus • LexisNexis (commercial version) • Findlaw
Verifying Law is Current • Shepard’s • Shepardizing • By LexisNexis • KeyCite • By Westlaw
Shepard’s and KeyCite as a Research Tool • Citations to all cases mentioning the principal case • Citations to law review articles and certain treatises that mention the principal case
Legal Research Guides • How to Find the Law • Fundamentals of Legal Research • Legal Information: How to Find It, How to Use It • Law Librarians’ Exchange • www.llrx.com
