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

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

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

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

Supreme Court of the United States

wwwsupremecourtusgovopinionsboundvolumeshtml

Quickest source for New Slip Opinions

Justiawwwsupremejustiacom

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

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

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

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

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

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

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