It is usually quite difficult to determine what “the law” is for a particular legal issue. Often, you need to compare many different cases with the specific facts of your case to find out which law really applies to your case. Jurisprudence, also known as precedent or common law, is the set of previous judicial decisions that guide judges in deciding the issues before them. Depending on the relationship between the deciding court and the precedent, the case law may be binding or simply convincing. For example, a U.S. Court of Appeals decision for the Fifth District is binding on all federal district courts in the Fifth District, but a California court (whether federal or state court) is not strictly required to follow the previous decision of the Fifth District. Similarly, a decision of one New York District Court is not binding on another District Court, but the reasoning of the original court could help the second court make its decision. There are many up-to-date online legal research guides, many of which have been written by librarians from universities and public law libraries. In addition to the George Mason Law Library`s research guides, other recommended sources for research guides include: You can also consult previous appeal briefs filed in California courts for guidance on how to use your research to support your legal arguments. Four law libraries in California serve as filings for appeals. Contact libraries for information on their briefings, including years covered and format. Our shared query database covers our librarians` research topics. Many documents refer to forms and precedents.
Some forms are available for free download. If the facts or problems of a case differ from those of a previous case, the previous case cannot set a precedent. In Cooper Industries, Inc. v. Aviall Services, Inc., the Supreme Court reiterated that “[t]he issues that simply hide in the records have not been brought to the attention of the court or decided, not as. Previous[]. Accordingly, an earlier decision serves only as a precedent for matters that the Tribunal expressly considered in its decision in light of the particular facts. The main way to update codes, cases, and regulations is to use an online service like KeyCite by West or Shepard`s Citations by Lexis/Nexis. Printed versions of Shepard`s are available in many law libraries. These types of legal research resources will help you understand the history before and after cases and laws.
Some publications have general collections of forms and precedents. A precedent refers to a judicial decision that is considered an authority to decide subsequent cases involving the same or similar facts or similar legal issues. The precedents are included in the doctrine of stare decisis and require courts to apply the law in the same way to cases involving the same facts. Some judges have stated that precedents ensure that people in similar situations are treated equally, rather than on the basis of the personal opinions of a particular judge. Jurisprudence (or precedent) is a law made by the courts and decided by the judges. The case law works according to the principle of stare decisis, which literally means “to stick to decisions”. This principle means that a court must obey and apply the law as set out in decisions of higher courts in previous cases. Many textbooks on specific areas of legal practice contain precedents. Volumes are updated and replaced regularly. Updates to linked volumes can be found in the flip-leaf service volumes in our library. Case law, like legislation, can change over time. Just because a decision was once good law doesn`t mean it still is today.
The lawyer must not only be able to find and read the case law, but also to ascertain whether it has been subject to subsequent judicial review and whether it remains in good law. The services listed below offer a variety of plans that help improve the search for primary legal documents, although they have fewer search features than premium legal databases. Also, although these products offer Citators, the update features are not the same as Shepards, Keycite, or BCite. The decision to report or not to report a case is decided by the editor of a series of reports. In general, in order to be reported, a case must introduce a new principle or legal rule, modify an existing principle or clarify a questionable point of law. A case may be reported if it concerns a question of interpretation of the law or provides for a new application of a recognized principle. This is a four-volume work that contains a number of precedents with commentaries for trade agreements, including: You should also make sure you cite your legal authority correctly. California Court Rule 1,200 states that all documents filed with the court must be in the style defined by the California Style Manual or The Bluebook: A Uniform System of Citation when selecting documents filed by the parties. To do this, you can use these resources: A good place to start is your public law library`s research mini-course, provided by the Council of California County Law Librarians. This is an online research mini-guide to help you learn the legal research process and tell you where to start and what resources to consult when researching your legal issue. In addition, many law schools have online research guides that include links and suggestions for your legal research.
Precedents are usually set by a series of decisions. Sometimes a single decision can set a precedent. For example, a single interpretation of the law by the highest court in a state is generally considered to be initially part of the law. Use the Consolidated Tables volume when you need a form or precedent for a particular law. Once you have completed and updated your legal research, you will need to include it in your written documents that you file with the court. You need to explain what your legal authority is, where it is and how it supports your case. You may also need to explain why a particular legal authority does not apply to the particular circumstances of your case. Some state county law libraries may subscribe to online services that allow you to conduct your legal research for free or for a small KeyCite or Shepardize printing fee. Check with your library to access these services. If you`re not sure where to find manuals on a particular topic, ask a library staff member or consult a guide on the location of library books.
You can find these little brochures on the textbook shelves around our library. Each State has its own judicial system, which includes courts of first instance and appeal. The highest court in each state is often referred to as the “Supreme Court,” although there are some exceptions to this rule, for example, the New York Court of Appeals or the Maryland Court of Appeals. State courts typically hear cases involving state constitutional cases, state laws, and regulations, although state courts can usually hear cases with federal laws as well. States also generally have courts that deal with only a certain subset of legal issues, such as family law and inheritance. The law changes quickly and often. You can find a perfect case and find that it was then canceled or reversed. The law you are relying on may have been amended or repealed.
Find a way to update your research before telling a court that the law you`re relying on is still a “good” (valid) law. Other library titles that have general collections of precedents include: For more primary sources and articles on legal practice, see our Professional Reference Documents section. A compendium is a publication that contains case summaries. Abstracts can be a useful way to find and check the status of a file. You may also be the only source of a case at your disposal, especially if the case is not reported. Examples include The Faculty Digest and Shaw`s Digest, which contain information on older Scottish cases. The current legal directory and Monthly Digest also include case summaries. EF&P is listed alphabetically by topic and covers non-contentious work, including: The U.S. Supreme Court is the highest court in the United States. Courts below the federal level include the U.S.
Court of Appeals, U.S. District Courts, U.S. Courts of Claims, U.S. Court of International Trade, and U.S. Bankruptcy Courts. Federal courts hear cases involving matters related to the U.S. Constitution, other federal laws and regulations, and certain cases involving parties from different states or countries and numerous disputes. KeyCite and Shepard`s providers allow researchers to pay online to update their search references.
Check Westlaw or Lexis/Nexis. U.S. Supreme Court decisions are binding on all federal and state courts. For the principle of stare decisis to work, a judge must know previous court decisions. Case reports, called “legal reports,” make this possible. Although there are earlier collections of cases, a formalized system of legal relations was established in Scotland and England in the 19th century. Currently, many different sets of legal opinions are published, reproducing judgments and adding additional information from a publisher. It may take some time between the delivery of a judgment and its publication as a report.
Similar systems of legal declaration operate in other common law jurisdictions. When a case is challenged in a higher court, the lower court`s decision may be: There is no one way to search, but here are some common practices to help you search efficiently and effectively: When you find the desired pages in the linked volume, check the appropriate volume of service to determine if any changes have been made recently.