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Finding Case Law

Finding Case Law. Tina S. Ching Reference Librarian. State Courts. Example of State Court Structure – Arizona Courts. Federal Courts. Example of Federal Court Structure – A U.S. Supreme Court Case. Specialized Federal Courts. U.S. Court of Appeals For the Federal Circuit

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Finding Case Law

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  1. Finding Case Law Tina S. Ching Reference Librarian

  2. State Courts Example of State Court Structure – Arizona Courts

  3. Federal Courts Example of Federal Court Structure – A U.S. Supreme Court Case

  4. Specialized Federal Courts • U.S. Court of Appeals For the Federal Circuit • U.S. Court of Appeals for the Armed Forces • U.S. Court of Federal Claims • U.S. Court of Appeals for Veterans Claims • U.S. Court of International Trade • U.S. Tax Court

  5. The National Reporter System

  6. The Evolution of an Opinion United States Supreme Court Remember: Print Rules! Released immediately after case announced In a few months, the United States Reports preliminary print is released Released within a few hours of the slip opinion

  7. Where Opinions Can Be Found • In Print • Electronic • Paid Databases • Court Web Sites • Free Internet Resources • CD-ROM • Fax • Microfilm/Microfiche

  8. Paid Databases • Full text • Boolean Searching • Results are only as good as the search you designed • Just because you get a 1000 results, doesn’t mean you entered a good search • Take WL and LX trainings • Natural Language Searching • Try it!

  9. “And” and “Or” Proximity connectors /# /p /s Root Expander ! Universal Character * Field Restrictions Date restrictions Synonyms Misspellings Beware of % or “But Not” or “And Not” May have different features “atleast10(dog)” Connectors can be different Quick Tips for Boolean Searching

  10. Court Web Sites www.apltwo.ct.state.az.us/ODSPlus/recentdecisions.cfm www.supremecourtus.gov/opinions/opinions.html www.cofad1.state.az.us/opinionfiles/opidx.htm www.supreme.state.az.us/opinion www.azd.uscourts.gov www.ca9.uscourts.gov

  11. Other Free Internet Resources www.findlaw.com/casecode/ www.law.cornell.edu/ www.lexisone.com/

  12. Finding Tools • Full Text Searching • i.e. WL, LX and Loislaw • Updating • i.e. Shepards and KeyCite • Secondary Resources • i.e. ALR, AmJur, CJS • Also check Practice sets, hornbooks, law reviews. • Digests

  13. Case Structure Citation Topic Case Name Docket Number Key Number Court Date Headnote Synopsis

  14. The Wonderful World of Digests • How the Digests are organized • Headnotes and Digest Entries • Table of Cases • Words and Phrases • Descriptive Word Index • Remember to Update!

  15. United States Supreme Court Federal Modern Federal Practice Federal Practice 2d-4d Bankruptcy Pacific Atlantic Northwestern Southeastern Decennial General Century Arizona California DC Illinois Kentucky Massachusetts Missouri New York Ohio Tennessee Texas The Digest of Your Choice

  16. ELECTIONS — Cont’d 90.1(1.2). Election regulations. FREEDOM of speech and press — Regulations. Const Law 90.1(1.2) Steps to finding the case of your dreams – In Print • Select a Digest • Find the Topic and Key Number • Go to Appropriate volume • Read the Case Summaries • Don’t forget the pocket part and supplement • Review headnotes in subsequent reporters and advanced sheets • Read the case for yourself • Update the case

  17. Digests Online With a known Case

  18. Digests Online Using Key Search

  19. Digests Online Key Numbers and Digest

  20. A Very Short In Class Exercise Q: How much human remains are needed to constitute a “dead body” in Arizona? A: Dead Bodies 116k1,3 Substantial set of murder victim’s bones constituted “dead body” for purposes of statute requiring interment or cremation of all dead bodies. 865 P2d 808, 177 Ariz 147 (1993).

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