How to Find Case Law
10 Ways to Find Case Law
Do you need to find a case law but do not know where to start? Look no further! On this page, we will show you how to find case law and make the most of it. We will also provide helpful tips on how to use case law in your legal practice. So, whether you are a law student or practising attorney, read on for some useful information!
1. Understand Keywords and Phrases
When you first start looking for case law, it can be helpful to break down the task into smaller, more manageable parts. Rather than finding all of the cases that might be relevant to your research topic, start by identifying a few key phrases or keywords that are likely to appear in cases that would be on point. Once you have your keywords, you can use them to search for cases using various legal research tools.
2. Use an Online Case Law Database
One of the easiest ways to find case law is to use an online database, such as LexisNexis or Westlaw Edge. Most law school libraries provide free access to these databases for law students. Using an online case law database, you can search for cases by keyword, phrase or law report citation.
3. Use a Search Engine
If you cannot access a case law database, or if you want to find cases that are not necessarily related to your specific legal research topic, you can try using a general search engine, such as Google or Bing. Be aware, however, that the results of a general search engine query will likely include a lot of non-legal materials, such as news articles and blog posts. As such, it may take some time to sift through the results to find the cases that are most relevant to your needs. This is a good option for finding case summaries.
4. Look for Free Online Case Repositories
There are a number of free online repositories that provide access to court opinions, such as Google Scholar and the Free Law Project. While the selection of cases in these repositories is not always as comprehensive as what you would find in a paid database, they can be a good place to start your research.
5. Check for Region-Specific Resources
In addition to general legal research resources, there are also a number of region-specific resources that can be helpful in finding case law. For example, many areas have their own online databases of court judgments that are available to the public. Additionally, some databases provide access to “unpublished” judgments, which are not typically included in commercial databases or other online repositories.
6. Use a Legal Encyclopaedia
If you have trouble finding cases on your own, you may want to consult a legal encyclopaedia. A legal encyclopaedia is a type of reference book that provides an overview of various legal topics. Many law school libraries keep copies of popular legal encyclopaedias. While an encyclopaedia cannot replace the need for primary legal research, it can be a helpful starting point in your quest to find relevant case law.
7. Talk to a Librarian
If you are still having trouble finding the case law you need, do not hesitate to ask for help from your law school’s reference librarians. These professionals are experts in legal research and can often point you in the right direction. Additionally, many law school libraries offer research assistance programs that pair students with librarians who can help them with their specific legal research needs.
8. Use a Case Finder Service
If you need help finding a specific case but do not have the time to do the research yourself, you may want to consider using a case finder service. These services are typically provided by private companies or law tutors and come at a fee. However, if you are having difficulty finding a particular case, a case finder service can save you a significant amount of time and frustration.
9. Hire a Law Tutor
If you cannot find the case you are looking for on your own, or if you need help interpreting the law, you may want to consider hiring a law tutor. A law tutor can help you locate the case law you need and can provide guidance on how the law may apply to your specific situation.
Additionally, a law tutor can take you through the process of finding cases. A law tutor can show you how to tackle all the steps outlined above and show you how to make successful searches in journals, databases and also show you how to update and check the case has not been overruled by another case.
Get the training early and be well prepared. Following the most current case law is vital for your studies as well as proving to future employers that you are capable of doing legal research. This is what will make you appealing as a trainee.
10. Use a Case Law Briefing Service
If you need help staying up-to-date on recent developments in the law, you may want to consider using a case law briefing service. These services typically send subscribers a daily or weekly email that includes summaries of recent court opinions. This can be an invaluable resource for busy lawyers or law students who do not have the time to conduct their own legal research.
When you are looking for case law, it is important to remember that you are looking for precedent. A precedent is a decision that has been made in a similar case in the past. When you find a case that is similar to yours, you can use it as persuasive authority. This means that you can cite the case in your brief or argument, and the court may consider it when making its decision. However, the court is not required to follow precedent, and sometimes they will choose not to. For example if you want to stay on top of employment law the best place is Daniel Barnet the Employment Law Mailing List. This distributes email bulletins detailing new laws and notable employment law decisions as soon as they are published in the news media. It is completely free to sign up, and all emails feature an unsubscribe option at the bottom of each message. Every week, two or three emails are sent out to various recipients.
If you cannot find any cases that are directly on point, you can still use cases as persuasive authority if they are relevant to your argument. For example, if you are arguing that the other side violated human rights, you can cite cases that have found similar violations in the past. The court may consider these cases when making its decision, even though they are not directly on point.
Once you have found some relevant case law, you need to read the cases carefully. You should take note of the facts of the case and the court's reasoning. It is also important to look at the dissenting opinions if there are any. Dissenting opinions are written by judges who do not agree with the majority opinion. They can sometimes be helpful because they give a different perspective on the issue.
After reading and analysing the case law, you need to figure out how it applies to your case. This can be tricky, and you might need to consult with a law tutor to get help. Once you have done this, you can start writing your essay or argument. Remember to always cite the cases that you have found so that the court can consider them when making its decision or your law lecturer can follow your argument.
How To Read Case Law
If you research a legal issue, you will likely need to read and understand case law. This can be a daunting task, as case law can be quite dense and difficult to decipher. Once you have gathered the necessary resources, take some time to familiarise yourself with the terminology used in case law. This will make it much easier to understand the cases you are reading.
On the next page you will find a whole page dedicated to describing how to read and understand judgments. Reading judgments or case reports by using the grid method I have described will save you time and will be a great learning experience. You can read more about this.
First, identify the key facts and issues in the case. This can be done by reading the headnotes, which are brief summaries of the case written by the court. The headnotes will help you to understand the basic facts of the case and the issues that were in dispute.
Once you have a good understanding of the facts and issues involved in the case, take some time to read the actual opinion of the court. Start by reading the majority opinion, as this will give you an overview of how the court decided the case. Then, read any dissenting or concurring opinions, as these can provide helpful insights into why the court ruled as it did.
Finally, once you have read and understood the case, take some time to research the law that was applied in the case. This will help you to better understand the ruling and how it may impact your legal issue.
Reading and understanding case law can be a challenging task. However, by taking the time to gather the proper resources, familiarise yourself with the terminology, and identify the key facts and issues, you can make the task much easier. With a little effort, you will be able to confidently read and understand any case law you encounter.
FAQs
Where can I find case law in the UK?
You can find case law in the UK using a legal research service, like LexisNexis or Westlaw. You can also find case law by using Google Scholar or by searching for the name of the court and the case number on the internet. Finally, you can always go to your local law library and look up the case yourself.
The Bottom Line
While finding case law can be a challenge, there are several resources that can help you locate the materials you need. Using the tips and tricks in this guide, you can save yourself a significant amount of time and frustration in finding relevant case law.