FINDING CASES*
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How are cases organized?
While not all judicial decisions are published, those that are published are issued chronologically in case reporters by court, court system, or broad subject matter. As a result, cases about totally different topics may appear next to each other in a reporter. Even topical reporters such as the Bankruptcy Reporter or Federal Rules Decisions, which contain cases on a limited area of the law, require a method of finding cases that discuss particular topics or points of law.
What is the best way to find cases?
There are a number of ways to find cases. The best way depends on what you are looking for, what materials are available, how much you already know about the topic, and whether you already have relevant cases on point. Case research can be done manually using print sources and online using computer-assisted legal research.
Pierce Law students, staff, and faculty have access to two commercially available online research systems, LexisNexis and Westlaw . Both contain the full text of cases and allow you to search for cases that contain relevant words or phrases. These systems work particularly well for research problems involving unique factual terms and for certain types of specialty research, such as identifying opinions written by a particular judge. Training in both LexisNexis and Westlaw is available throughout the year.
The Internet is an increasingly useful tool for finding cases. Begin your research by visiting the Pierce Law's Web page at http://www.library.piercelaw.edu/quickclicks.cfm or by selecting Research from the menu bar on any Pierce Law Library page. Click on either " LexisNexis " or " Westlaw ," then select the relevant jurisdiction (U.S. Supreme Court, U.S. Courts of Appeals, or state courts) to begin searching for cases. Pierce Law does not maintain the case law web sites; before beginning your research be sure to read each web site's instructions about how to search its case law database.
Another easy way to start your research is to use secondary sources, such as law reviews, to lead you to case law. Whether you start with secondary sources or jump right into case law research, the digest is an important tool for finding cases.
How do I find a case when all I know is the case name?
If you know the case name, use the Table of Cases in the appropriate digest. These are usually located at the end of the digest set.
What is a digest?
A digest is a topical arrangement of very brief summaries of the points of law found in a case. The digest arranges these summaries, called headnotes or annotations, topically so that once you have found one case on point, you can easily find other cases on that point or related points. The headnotes include citations to cases so they may be read in full.
The well organized, logical approach of the digests helps you to understand legal issues in context. A digest allows you to redefine your research goals and theories to find the best precedents for your research problem. Your research is not complete if you haven't considered using digests.
An initial word of warning: Never cite to a case that you have not read in full. A digest is a case finding tool and should not be relied upon to interpret cases. Digest editors can and do make mistakes, and small excerpts from cases are often misleading about the actual statement of law found in a case.
Example of a headnote from a West Key Number Digest:
What types of digests are there?
Some digests are separate sets of books. Others are just sections of larger works, such as those found in looseleaf services. Digests are characterized by the information they digest. Digests may contain headnotes of cases from an individual court, a court system, a group of related courts, or from cases related by subject matter or date of decision.
How are digests organized?
Digest headnotes are arranged by topic (broad subject area) and key number or section (subdivisions of a topic that represent more specific points of law). The most extensive publisher of digests, West Group, uses the same topic and key number system for all its digests. At the beginning of each digest topic is a Topic Analysis that explains what each key number within that topic represents. When no cases are digested under a particular topic and key number, that key number refers the researcher to the topic analysis section to find another related key number.
How can I be sure I'm using digests effectively?
Here are five hints for using digests effectively. They are more fully explained later in this guide:
- Choose the correct digest, one that contains cases from the courts you are looking to for precedent.
- Use the index volumes at the end of every digest set to identify appropriate topics and key numbers that address the points to be researched.
- Check all appropriate digest volumes, pocket parts, and pamphlets to be sure that your research is thorough and up to date.
- Use specialty features of digests such as the table of cases or the defendant-plaintiff table when appropriate.
- Use other sources such as annotated codes or treatises to help you begin research using digests.
How do I choose the correct digest?
Select the digest that contains the court(s) or type(s) of material you need without including unnecessary material.
- To find cases:
- in an individual state - use the individual state digest
- in a related group of states - use a regional digest
- in U.S. Supreme Court - West's Supreme Court Digest or Lawyers' Edition Supreme Court Digest
- in all Federal Courts
- 1754 - 1939 West's Federal Digest
- 1939 - 1961 Modern Federal Practice Digest
- 1961 - 1975 West's Federal Practice Digest 2d
- 1975 - 1987 West's Federal Practice Digest 3d
- 1987 - to date West's Federal Practice Digest 4th
- in all state and federal courts
- Decennial Digests
- 1996 - present General Digest (not cumulative)
- To find cases:
- that judicially define terms - use Words and Phrases volumes
- on a topic covered by a looseleaf service - use the digest or index section of the looseleaf service
How do I find the correct digest topics and key numbers?
There are a variety of ways to find topics and key numbers to lead you to cases on point. Some approaches use finding aids within the digest itself, such as the descriptive word index. Some methods rely more heavily on the researcher's previous knowledge. To make your research more effective, make use of the information you already have to find cases in the easiest way.
If you know:
- a case on point - use headnotes from the case to identify appropriate topics and key numbers
- little about the topic - use secondary sources to find relevant cases and useful background information
- specific terms - use descriptive word index in appropriate digest to identify relevant topics and key numbers
- words needing judicial definition - use Words and Phrases volumes to find cases defining them
Using a combination of methods may yield the best results. Remember that you will probably find more than one relevant key number. Once you have found one or more topics and key numbers that seems on point, you should consult the topical analysis outline in the digest volumes to see if there are other key numbers under that topic that may also be relevant to your research problem.
How can I be sure my research is thorough and up to date?
- Check the years of coverage of the bound digest volumes. Earlier digest series are supplemented by later digest series. Current digests are supplemented by pocket parts and pamphlets.
- When you are using a current series of a digest be sure to check your topic(s) and key number(s) in the pocket part as well as the bound volume. If there is no pocket part, look instead for a free-standing pamphlet that updates that particular volume.
- Look for supplementary pamphlets at the end of the digest set that update the annual pocket parts for the entire digest set. If you find some, check the appropriate topic(s) and key number(s).
- Check the "Closing with Cases Reported in" section at the front of the most recent pocket part or pamphlet used so far. Find the West case reporter that is likely to have cases on your digest topic.
- Go to the case reporter that you identified in step 4. Look in
the digest sections in the back of all bound volumes and the front
of all advance sheets beginning with the volume number listed in
the "Closing with Cases Reported in" section of the digest
to see if any recent cases have appeared under your topic(s) and
key number(s).
For example, this Closing Table shows that cases reported up to 689 N.E.2d 1039 are included in the most recent digest supplement. To find more recent cases, go to North Eastern Reporter 2d and check the digest sections of all bound volumes and advance sheets beginning with volume 689.
Table at the front of West's Illinois Digest 2d
April 1998 Pamphlet Directly Supplementing
1997 Pocket Parts and December 1997
Pamphlet: 3
- Don't forget to Shepardize or use other citators to verify that cases you rely upon have not been overruled.
Where are digests shelved at the Pierce Law Library?
The Federal digests are on stack 9; General and Decennial digests are in stack 13; Regional digests are in stack 10; and the State digests are in stacks 10 to 11 and stack 19. All are shelved in the General Collection on the first floor of the library.
The Pierce Law Library holds regional digests for the Atlantic, California and Pacific, North Western, Pacific, South Eastern, and Southern regions.
The Pierce Law Library also has state digests for 14 states. The 4 sets of New Hampshire Digest held by the library are shelved in the Reference stacks, stacks 11 and 19, and in the Attorney Member Room on the first floor of the library.
How do I find cases that interpret statutes?
The easiest way to find cases that interpret statutes is to use an annotated code. A code is a topical arrangement of all the permanent general laws in force in a particular jurisdiction. Annotated codes add headnotes from cases that interpret individual code provisions. These appear after every code section.
Where can I get information on pending cases?
Most of the cases found in law libraries are not pending cases but judicial opinions, primarily from appellate courts. However, there are limited instances in which law libraries contain information on pending litigation.
Cases pending in the U.S. Supreme Court may be tracked using U.S Law Week. Current issues are on reserve at the Circulation Desk.
For information on trials in progress the best source is usually general newspapers such as the New York Times, or legal newspapers such as the National Law Journal.
Further References
- Cohen, Morris L, Robert C. Berring, and Kent C. Olson, How to Find the Law - Chapter on "Case Finding." KF240 .H65 1983Main Stacks
- Cohen, Morris L. and Kent C. Olson, Legal Research in a Nutshell - Chapters on "Case-Finding" and "Case-Finding by Computer." At the reserve desk.
- Jacobstein, J. Myron and Roy M. Mersky, Fundamentals of Legal Research - Chapter on "Digests for Court Reports." KF240 .J3 1994 Main Stack
*Copyright 2003, The Boston College Law Library. Used with permission. Not for sale.