Find a case before the Federal Court using Public Access to the Court`s Electronic Records (PACER) or by visiting the clerk`s office of the courthouse where the case was filed. KeyCite and Shepard`s providers allow researchers to pay online to update their research references. Check Westlaw or Lexis/Nexis. 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. Legal research can be complicated and time-consuming, but it is very important if you want to represent yourself. There are many resources in your county law library, public library, and internet to help you do your research. And you can ask for help at Ask a Law Librarian for help.saclaw.org/law-101/researching-law-topic/ The law changes quickly and frequently. 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 The law you are relying on may have been amended or repealed.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.
It is important to know the judge`s background in a case so that you can use your time as efficiently as possible both in court and when preparing for a case. If a judge has been involved in similar cases, you can give a brief summary instead of providing detailed background information and spending more time on your argument. Knowing this information in advance will save you a lot of time and energy. Not a Westlaw subscriber yet? Learn more about Westlaw`s legal research. To exhaust all legal research possibilities, you can also conduct a field search on Westlaw or Westlaw Edge. Field search is a Boolean search for terms and connectors that searches for specific terms in a specific part of the document, such as title or author fields. Field search is integrated into Westlaw and Westlaw Edge via the advanced templates that are always linked at the top of the page to the right of the search bar. You can also review previous appellate briefs filed in California courts to learn how you can use your research to support your legal arguments.
Four law libraries in California serve as repositories for appeals. Contact libraries for information about their briefings, including years covered and format. The Cases and Codes section of FindLaw contains resources and links to state and federal laws. This includes resources related to constitutions, articles, business, etc. Search for case summaries or select a jurisdiction to search for applicable law. 1. On the Westlaw or Westlaw Edge home page, click Court Cases or Orders. Then select the Advanced link to the right of the search bar to access the template.
A law librarian can help you understand how to use these guides to update your research. In addition, some county law libraries have access to online services that allow you to update your agencies. There are also online tutorials that discuss it in detail. For an example, see the Sacramento County Public Law Library`s Guide to Shepardizing California Cases and Statutes. Check out a research guide on using Shepard`s Online. 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 previous one, case law may be binding or simply convincing. For example, a decision of the U.S. Court of Appeals for the Fifth District is binding on all federal district courts in the Fifth District, but a California court (whether a federal court or a state court) is not strictly bound 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.
You should also make sure that you are properly citing your legal authority. 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: There`s no one way to do your research, but here are some common practices to help you search efficiently and effectively: Generally, a related case is one that the court has identified as related to another case. As a rule, these cases may involve identical, similar or related legal issues. If applicable, the affected cases appear in the Applied Case Selector field on the Send Document form. A bid may be submitted in all or some of the related cases listed. If all related cases are disabled, submission will only be forwarded to the main case. Tip: When you file an application, the cases to which the application applies are displayed on the application screens. To make sure you choose the best approach for your legal research, always remember that Insight`s lead attorneys and attorneys are a service included in your subscription exclusively for Westlaw Edge clients – and are always ready to help. Federal records are stored electronically and are accessible through the Public Access to Electronic Court Records (PACER) service on the Internet. PACER allows anyone with an account to search and locate appellate, county, and bankruptcy court information and routing slips.
Create a PACER account. Define data requirements for research using the Integrated Database of Federal Supreme Court Cases (IDB), which is provided free of charge by the Federal Judicial Centre. The IDB has case data (not documents) for criminal, civil, appeal, and bankruptcy cases that can help researchers narrow down their queries. Knowing how a judge has ruled in a similar case in the past can be an important piece of information when building your case. This information could mean the difference between a favorable outcome for your client and an embarrassing one. A judge`s response to an argument may mirror a response from a previous case, and you will be better prepared to respond after seeing the previous answer. For example, in an equal pay case, a judge may have been persuaded by a defendant`s argument that while men in similar positions receive higher pay, men in similar positions also receive lower wages than an employee. If court records and case files can be kept permanently, they are turned over to the National Archives and Records Administration (NARA) for preservation and preservation. These documents are accessible directly from NARA. The Supreme Court of the United States 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. Court 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. Please note that if you are requesting a fee waiver from a single court and/or for purposes other than research, please contact that court directly. It is important to know a few things about your judge before each case. First, you need to know if the judge knows the context of your case. Has the judge ever dealt with cases in this type of situation? Have they written opinions on this particular topic? Second, it is important to look at previous decisions and understand where a judge usually relies on your case. Third, it is important to establish a timeline that shows how long it takes a judge to decide a case in order to manage client expectations and costs.
Litigation Analytics on Westlaw Edge provides the best insight into a judge`s decision time, results and more. Note that the fields depend on the document type. For example, the Judge field is only available when searching for case law or court orders. Let`s go over the steps you`ll take to search for judges. It is usually quite difficult to determine what “the law” is for a particular legal issue. Often, you have to compare many different cases with the specific facts of your case to find out which law really applies to your case. Individual researchers working on defined research projects intended for scientific work can use the attached form (pdf) to apply for PACER fee waivers in several courts. In accordance with the EPO Rules on Fees, the request must be limited in scope and not intended for redistribution over the Internet or for commercial purposes. Information on access to advisory opinions and case documents for the United States Supreme Court is available on the Court`s website. 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. All bankruptcy courts have a telephone information system, also known as a voice information system, which allows callers to obtain basic information about cases via a touch-tone telephone.