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Legal Reference in the Digital Age
Federal Case Law
Court System
Supreme Court
Circuit Courts of Appeals
District CourtsFederal Trial Courts
The Supreme Courtbull Stands at the head of the judicial branch of the federal governmentbull Provides the ldquodefinitiverdquo interpretation of the US Constitution and federal statutesbull The Court of Last Resort in the federal court systembull Has final word on federal issues raised in state courts and hears cases arising between the
statesbull Exercises tight control over its docket and has wide discretion to decline review or to
deny a writ of certiorari as it is calledbull Usually only accepts for consideration those cases which raise significant policy issuesbull In recent years has issued opinions in fewer than ninety cases during its annual term first
Monday in October to late Junebull Background information of the court can be found atbull wwwsupremecourthistoryorg
bull wwwsupremecourtusorg
bull wwwscotusblogcom
Timelinebull The timeline for a US Supreme Court slip opinion isbull Announces its decisions on an irregular basis at its 10 am sessions
beginning in October or November reaching a peak when the most contentious cases of the term are decided usually in late June
bull First issued as a ldquobench opinionrdquo a pamphlet version available at the court and distributed electronically to several publishers including FindLaw Lexis Loislaw VersusLaw and Westlaw
bull Cornell Law Schoolrsquos Legal Information Institute (LII) wwwlawcornelledusupct provides PDF copy of printed bench opinion Opinions available from 1990 to present
bull Bench opinion is superseded usually within an hour by the official slip opinion posted in PDF on Supreme Court website possibly containing corrections not found in bench opinion Slip opinion controls if any discrepancy
bull Rely on permanent official reports for citation purposes
United States Reports
bull Begun in 1790 as a private venture
bull Became ldquoofficialrdquo in 1817bull Continues today as the
official edition of the United States Supreme Court decisions
bull Slip decisionsgt preliminary printsgtbound volumes
bull Early volumes now numbered sequentially
bull (cited as US)bull For many years were
cited only by the names of the individual reporters ldquonominativerdquo Marbury v Madison 5 US (1 Cranch) 137 (1803)
bull Earliest volumes haphazard
Other Sources
bull Supreme Court Reporter (Print and Westlaw)bull Lawyersrsquo Edition (Print and Lexis)Because U S Reports are published so slowly
The Bluebook specifies that a recent opinion that does not yet have a US citation should be cited to the Supreme Court Reporter or Lawyersrsquo Edition
Supreme Court of the United States
wwwsupremecourtusgovopinionsboundvolumeshtml
Quickest source for New Slip Opinions
Justiawwwsupremejustiacom
Cornell Law Schoolrsquos Legal Information Institutewwwlawcornelledusupct
Circuit Courts of Appeals
bull Judiciary Act of 1789 established the federal court system 13 circuit courts which were added to over time
bull In 1891 the Circuit Courts were renamed the United States Courts of Appeals
bull The 1891 act created 9 numbered circuits and eventually the system came to include 13 numbered circuits and a series of specialized courts of appeal
bull Every Court of Appeal has its own website which usually has recent opinions and other information
United States Circuit Courts of Appeal
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Court System
Supreme Court
Circuit Courts of Appeals
District CourtsFederal Trial Courts
The Supreme Courtbull Stands at the head of the judicial branch of the federal governmentbull Provides the ldquodefinitiverdquo interpretation of the US Constitution and federal statutesbull The Court of Last Resort in the federal court systembull Has final word on federal issues raised in state courts and hears cases arising between the
statesbull Exercises tight control over its docket and has wide discretion to decline review or to
deny a writ of certiorari as it is calledbull Usually only accepts for consideration those cases which raise significant policy issuesbull In recent years has issued opinions in fewer than ninety cases during its annual term first
Monday in October to late Junebull Background information of the court can be found atbull wwwsupremecourthistoryorg
bull wwwsupremecourtusorg
bull wwwscotusblogcom
Timelinebull The timeline for a US Supreme Court slip opinion isbull Announces its decisions on an irregular basis at its 10 am sessions
beginning in October or November reaching a peak when the most contentious cases of the term are decided usually in late June
bull First issued as a ldquobench opinionrdquo a pamphlet version available at the court and distributed electronically to several publishers including FindLaw Lexis Loislaw VersusLaw and Westlaw
bull Cornell Law Schoolrsquos Legal Information Institute (LII) wwwlawcornelledusupct provides PDF copy of printed bench opinion Opinions available from 1990 to present
bull Bench opinion is superseded usually within an hour by the official slip opinion posted in PDF on Supreme Court website possibly containing corrections not found in bench opinion Slip opinion controls if any discrepancy
bull Rely on permanent official reports for citation purposes
United States Reports
bull Begun in 1790 as a private venture
bull Became ldquoofficialrdquo in 1817bull Continues today as the
official edition of the United States Supreme Court decisions
bull Slip decisionsgt preliminary printsgtbound volumes
bull Early volumes now numbered sequentially
bull (cited as US)bull For many years were
cited only by the names of the individual reporters ldquonominativerdquo Marbury v Madison 5 US (1 Cranch) 137 (1803)
bull Earliest volumes haphazard
Other Sources
bull Supreme Court Reporter (Print and Westlaw)bull Lawyersrsquo Edition (Print and Lexis)Because U S Reports are published so slowly
The Bluebook specifies that a recent opinion that does not yet have a US citation should be cited to the Supreme Court Reporter or Lawyersrsquo Edition
Supreme Court of the United States
wwwsupremecourtusgovopinionsboundvolumeshtml
Quickest source for New Slip Opinions
Justiawwwsupremejustiacom
Cornell Law Schoolrsquos Legal Information Institutewwwlawcornelledusupct
Circuit Courts of Appeals
bull Judiciary Act of 1789 established the federal court system 13 circuit courts which were added to over time
bull In 1891 the Circuit Courts were renamed the United States Courts of Appeals
bull The 1891 act created 9 numbered circuits and eventually the system came to include 13 numbered circuits and a series of specialized courts of appeal
bull Every Court of Appeal has its own website which usually has recent opinions and other information
United States Circuit Courts of Appeal
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
The Supreme Courtbull Stands at the head of the judicial branch of the federal governmentbull Provides the ldquodefinitiverdquo interpretation of the US Constitution and federal statutesbull The Court of Last Resort in the federal court systembull Has final word on federal issues raised in state courts and hears cases arising between the
statesbull Exercises tight control over its docket and has wide discretion to decline review or to
deny a writ of certiorari as it is calledbull Usually only accepts for consideration those cases which raise significant policy issuesbull In recent years has issued opinions in fewer than ninety cases during its annual term first
Monday in October to late Junebull Background information of the court can be found atbull wwwsupremecourthistoryorg
bull wwwsupremecourtusorg
bull wwwscotusblogcom
Timelinebull The timeline for a US Supreme Court slip opinion isbull Announces its decisions on an irregular basis at its 10 am sessions
beginning in October or November reaching a peak when the most contentious cases of the term are decided usually in late June
bull First issued as a ldquobench opinionrdquo a pamphlet version available at the court and distributed electronically to several publishers including FindLaw Lexis Loislaw VersusLaw and Westlaw
bull Cornell Law Schoolrsquos Legal Information Institute (LII) wwwlawcornelledusupct provides PDF copy of printed bench opinion Opinions available from 1990 to present
bull Bench opinion is superseded usually within an hour by the official slip opinion posted in PDF on Supreme Court website possibly containing corrections not found in bench opinion Slip opinion controls if any discrepancy
bull Rely on permanent official reports for citation purposes
United States Reports
bull Begun in 1790 as a private venture
bull Became ldquoofficialrdquo in 1817bull Continues today as the
official edition of the United States Supreme Court decisions
bull Slip decisionsgt preliminary printsgtbound volumes
bull Early volumes now numbered sequentially
bull (cited as US)bull For many years were
cited only by the names of the individual reporters ldquonominativerdquo Marbury v Madison 5 US (1 Cranch) 137 (1803)
bull Earliest volumes haphazard
Other Sources
bull Supreme Court Reporter (Print and Westlaw)bull Lawyersrsquo Edition (Print and Lexis)Because U S Reports are published so slowly
The Bluebook specifies that a recent opinion that does not yet have a US citation should be cited to the Supreme Court Reporter or Lawyersrsquo Edition
Supreme Court of the United States
wwwsupremecourtusgovopinionsboundvolumeshtml
Quickest source for New Slip Opinions
Justiawwwsupremejustiacom
Cornell Law Schoolrsquos Legal Information Institutewwwlawcornelledusupct
Circuit Courts of Appeals
bull Judiciary Act of 1789 established the federal court system 13 circuit courts which were added to over time
bull In 1891 the Circuit Courts were renamed the United States Courts of Appeals
bull The 1891 act created 9 numbered circuits and eventually the system came to include 13 numbered circuits and a series of specialized courts of appeal
bull Every Court of Appeal has its own website which usually has recent opinions and other information
United States Circuit Courts of Appeal
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Timelinebull The timeline for a US Supreme Court slip opinion isbull Announces its decisions on an irregular basis at its 10 am sessions
beginning in October or November reaching a peak when the most contentious cases of the term are decided usually in late June
bull First issued as a ldquobench opinionrdquo a pamphlet version available at the court and distributed electronically to several publishers including FindLaw Lexis Loislaw VersusLaw and Westlaw
bull Cornell Law Schoolrsquos Legal Information Institute (LII) wwwlawcornelledusupct provides PDF copy of printed bench opinion Opinions available from 1990 to present
bull Bench opinion is superseded usually within an hour by the official slip opinion posted in PDF on Supreme Court website possibly containing corrections not found in bench opinion Slip opinion controls if any discrepancy
bull Rely on permanent official reports for citation purposes
United States Reports
bull Begun in 1790 as a private venture
bull Became ldquoofficialrdquo in 1817bull Continues today as the
official edition of the United States Supreme Court decisions
bull Slip decisionsgt preliminary printsgtbound volumes
bull Early volumes now numbered sequentially
bull (cited as US)bull For many years were
cited only by the names of the individual reporters ldquonominativerdquo Marbury v Madison 5 US (1 Cranch) 137 (1803)
bull Earliest volumes haphazard
Other Sources
bull Supreme Court Reporter (Print and Westlaw)bull Lawyersrsquo Edition (Print and Lexis)Because U S Reports are published so slowly
The Bluebook specifies that a recent opinion that does not yet have a US citation should be cited to the Supreme Court Reporter or Lawyersrsquo Edition
Supreme Court of the United States
wwwsupremecourtusgovopinionsboundvolumeshtml
Quickest source for New Slip Opinions
Justiawwwsupremejustiacom
Cornell Law Schoolrsquos Legal Information Institutewwwlawcornelledusupct
Circuit Courts of Appeals
bull Judiciary Act of 1789 established the federal court system 13 circuit courts which were added to over time
bull In 1891 the Circuit Courts were renamed the United States Courts of Appeals
bull The 1891 act created 9 numbered circuits and eventually the system came to include 13 numbered circuits and a series of specialized courts of appeal
bull Every Court of Appeal has its own website which usually has recent opinions and other information
United States Circuit Courts of Appeal
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
United States Reports
bull Begun in 1790 as a private venture
bull Became ldquoofficialrdquo in 1817bull Continues today as the
official edition of the United States Supreme Court decisions
bull Slip decisionsgt preliminary printsgtbound volumes
bull Early volumes now numbered sequentially
bull (cited as US)bull For many years were
cited only by the names of the individual reporters ldquonominativerdquo Marbury v Madison 5 US (1 Cranch) 137 (1803)
bull Earliest volumes haphazard
Other Sources
bull Supreme Court Reporter (Print and Westlaw)bull Lawyersrsquo Edition (Print and Lexis)Because U S Reports are published so slowly
The Bluebook specifies that a recent opinion that does not yet have a US citation should be cited to the Supreme Court Reporter or Lawyersrsquo Edition
Supreme Court of the United States
wwwsupremecourtusgovopinionsboundvolumeshtml
Quickest source for New Slip Opinions
Justiawwwsupremejustiacom
Cornell Law Schoolrsquos Legal Information Institutewwwlawcornelledusupct
Circuit Courts of Appeals
bull Judiciary Act of 1789 established the federal court system 13 circuit courts which were added to over time
bull In 1891 the Circuit Courts were renamed the United States Courts of Appeals
bull The 1891 act created 9 numbered circuits and eventually the system came to include 13 numbered circuits and a series of specialized courts of appeal
bull Every Court of Appeal has its own website which usually has recent opinions and other information
United States Circuit Courts of Appeal
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Other Sources
bull Supreme Court Reporter (Print and Westlaw)bull Lawyersrsquo Edition (Print and Lexis)Because U S Reports are published so slowly
The Bluebook specifies that a recent opinion that does not yet have a US citation should be cited to the Supreme Court Reporter or Lawyersrsquo Edition
Supreme Court of the United States
wwwsupremecourtusgovopinionsboundvolumeshtml
Quickest source for New Slip Opinions
Justiawwwsupremejustiacom
Cornell Law Schoolrsquos Legal Information Institutewwwlawcornelledusupct
Circuit Courts of Appeals
bull Judiciary Act of 1789 established the federal court system 13 circuit courts which were added to over time
bull In 1891 the Circuit Courts were renamed the United States Courts of Appeals
bull The 1891 act created 9 numbered circuits and eventually the system came to include 13 numbered circuits and a series of specialized courts of appeal
bull Every Court of Appeal has its own website which usually has recent opinions and other information
United States Circuit Courts of Appeal
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Supreme Court of the United States
wwwsupremecourtusgovopinionsboundvolumeshtml
Quickest source for New Slip Opinions
Justiawwwsupremejustiacom
Cornell Law Schoolrsquos Legal Information Institutewwwlawcornelledusupct
Circuit Courts of Appeals
bull Judiciary Act of 1789 established the federal court system 13 circuit courts which were added to over time
bull In 1891 the Circuit Courts were renamed the United States Courts of Appeals
bull The 1891 act created 9 numbered circuits and eventually the system came to include 13 numbered circuits and a series of specialized courts of appeal
bull Every Court of Appeal has its own website which usually has recent opinions and other information
United States Circuit Courts of Appeal
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Quickest source for New Slip Opinions
Justiawwwsupremejustiacom
Cornell Law Schoolrsquos Legal Information Institutewwwlawcornelledusupct
Circuit Courts of Appeals
bull Judiciary Act of 1789 established the federal court system 13 circuit courts which were added to over time
bull In 1891 the Circuit Courts were renamed the United States Courts of Appeals
bull The 1891 act created 9 numbered circuits and eventually the system came to include 13 numbered circuits and a series of specialized courts of appeal
bull Every Court of Appeal has its own website which usually has recent opinions and other information
United States Circuit Courts of Appeal
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Justiawwwsupremejustiacom
Cornell Law Schoolrsquos Legal Information Institutewwwlawcornelledusupct
Circuit Courts of Appeals
bull Judiciary Act of 1789 established the federal court system 13 circuit courts which were added to over time
bull In 1891 the Circuit Courts were renamed the United States Courts of Appeals
bull The 1891 act created 9 numbered circuits and eventually the system came to include 13 numbered circuits and a series of specialized courts of appeal
bull Every Court of Appeal has its own website which usually has recent opinions and other information
United States Circuit Courts of Appeal
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Cornell Law Schoolrsquos Legal Information Institutewwwlawcornelledusupct
Circuit Courts of Appeals
bull Judiciary Act of 1789 established the federal court system 13 circuit courts which were added to over time
bull In 1891 the Circuit Courts were renamed the United States Courts of Appeals
bull The 1891 act created 9 numbered circuits and eventually the system came to include 13 numbered circuits and a series of specialized courts of appeal
bull Every Court of Appeal has its own website which usually has recent opinions and other information
United States Circuit Courts of Appeal
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Circuit Courts of Appeals
bull Judiciary Act of 1789 established the federal court system 13 circuit courts which were added to over time
bull In 1891 the Circuit Courts were renamed the United States Courts of Appeals
bull The 1891 act created 9 numbered circuits and eventually the system came to include 13 numbered circuits and a series of specialized courts of appeal
bull Every Court of Appeal has its own website which usually has recent opinions and other information
United States Circuit Courts of Appeal
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
United States Circuit Courts of Appeal
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
PACER Public Access to Court Electronic Recordshttppcluscourtgov
Have to register and have username and password but if charges are less than $10 per quarter the fee is waived
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Individual Court Pacer sitesWill give links to the individual court sites Type of coverage depends on the individual courts
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Subscription sites
Fastcase wwwfastcasecomLoislaw wwwloislawcom -From
WoltersKluwer 3 different subscription plans at reasonable rates with complete
retrospective coverage of Supreme Court cases since 1790
Versuslaw wwwversuslawcom Provides a program free to Law Schools
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
LexisNexis Academic
Search cases by citation parties or topic
Explanation of correct citation format to use when searching this way
Includes things like case summary prior history Lexis headnotes lawyers involved statute links etc
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
LexisNexis AcademicExample of case by citation
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
United States District Courtsbull The general trial courts the United
States District Courts are divided into ninety-four districts with one or more in each state
bull California New York and Texas are each divided into four districts while twenty-six of the states including New Jersey have just one district
bull There is no counterpart to the US Reports for the decisions of the US Courts of Appeals and the District Courts The only official published sources are the individual slip decisions that the courts issue and post on their websites
bull Each District Court website has case information local rules contact information and other documents for attorneys litigants and jurors
bull The format is www[state][district]courtsgov or wwwcasduscourtsgov
bull There are also several trial courts with specialized jurisdictions such as the United States Bankruptcy Courts Court of International Trade etc
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Westrsquos National Reporter System
In 1876 John B West began publishing selected decisions of the Minnesota Supreme Court in weekly syllabi Three years later he launched the NorthWestern Reporter covering Minnesota and five surrounding states
West established a national reporter system with seven regional reporters and reporters for the Supreme Court and the lower federal courts
By 1887 competitors had folded and West National Reporters became the dominant commercial source
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
bull Each case reported was accompanied by classified Key Number headnotes that allowed comprehensive and uniform subject access to cases in different jurisdictions
bull The two most famous online commercial databases Lexis and Westlaw grew out of the same tradition of uniform subject access across jurisdictions Lexis began in 1966 with the Ohio State Bar Association followed by Westlaw in 1975
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Reporters of the Federal Systempublished by West
Federal Reporter covers decisions in US Circuit Courts of Appeals
Federal Supplement (begun in 1932) covers decisions of the US District Courts
Federal Rules Decisions (begun in 1940) covers decisions of the District Courts dealing with procedural issues under the Federal Rules of Civil and Criminal Procedure
Topical reporters in West system cover decisions such as in the Bankruptcy Court the Claims Court Tax Court etc
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Published vs Unpublished Opinions
Only a small portion of decisions of the US Courts of Appeals are designated as ldquopublishedrdquo and therefore as precedential Since the 1970rsquos each circuit has had rules limiting publication to decisions meeting specific criteria
A decision is generally published if it lays down a new rule of law or alters an existing rule resolves an apparent conflict of authority or involves a legal issue of continuing public interest
These policies of selective publication are used to shape precedent and cut down on a glut of reported cases
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Less than sixteen percent of Court of Appeals cases are terminated with a published opinion
Until recently unpublished decisions could not be cited as persuasive authority under most circuitsrsquo rules The demand for them kept increasing however as these cases could provide guidance of how a court would treat a similar subsequent claim
Lexis and Westlaw provided access to thousands of decisions that were ldquounpublishedrdquo and eventually other internet sites did as well
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
bull In 2000 the Eighth Circuit ruled in Anastasoff v United States that the ban on citing unpublished opinions was an unconstitutional violation of Article III
bull In the wake of this decision West began publication of the Federal Appendix in 2001 a series limited to unpublished Court of Appeals decisions A new Federal Rule of Appellate Procedure was adopted in 2006 which permits Unpublished decisions to be cited as persuasive authority
bull Policies on decisions prior to 2007 vary from circuit to circuit
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
The Bluebook
bull Compiled by the editors of the Harvard Law Review the Columbia Law Review the University of Pennsylvania Law Review and the Yale Law Journal
bull Considered the ldquoBiblerdquo of legal citation this inexpensive reference source also contains much other pertinent information about courts and the legal system all in one easy to use book
Google Scholar
httpscholargooglecom
Google Scholar
httpscholargooglecom
Recommended