Finding Cases

 

When you have a citation...

Citations to reported cases from state and federal jurisdictions in the United States follow a set pattern. This uniform system of citation allows the reader of a legal document to identify quickly the source in which the case is reported, where the case is located within the source, and the precedential value of the case. The elements of a case citation are:

1. Name of the case

2. Volume

3. Reporter

4. Page

5. Court

6. Date

7. Subsequent action on that case (petition and/or subsequent history)

For example, in the case:

Smith v. Jones, 635 F. Supp. 143 (S.D. Tex. 1994), rev'd, 25 F.3d 245 (5th Cir. 1995).

 

1. "

Smith v. Jones" is the name of the case. These are the parties involved in the suit. The person, or party, who is bringing the suit is generally referred to as the plaintiff and will be listed first. The person, or party, who is being sued is the defendant and will be listed second. At the appellate level, the party listed first will be the appellant (or petitioner), who appealed the earlier decision. The second party listed will be the appellee (or respondent). So, if the defendant from the trial level appeals the decision of the trial court, he may be listed first in the appellate case.2. "635" is the volume number of the reporter in which the case is printed.3. "F. Supp." is the abbreviation of the reporter in which the full text of the court's opinion is printed.4. "143" is the first page of the opinion.5. "S.D. Tex." is the court that heard the case, in this instance, the federal court for the southern district of Texas.6. "1994" indicates the year in which the case was decided.7. "rev’d, 25 F.3d 245 (5th Cir. 1995)" is the subsequent history of the case, or what happened to the case on appeal. Here, the Fifth Circuit, which is the court that hears appeals from Texas, reversed the Southern District's holding. The text of the opinion by the Fifth Circuit can be found in volume 25 of the Federal Reporter, third series on page 245 and was decided in 1995.

Most citations make extensive use of abbreviations. The following are some common examples.

 

• United States Supreme Court Cases:

U.S.-United States Reports (GPO)

S. Ct.-Supreme Court Reporter (West)

L. Ed. 2d-United States Supreme Court Reporter (Lawyer's Co-op)

Location: Second floor, Stack 215

 

 

• Federal appellate court cases (e.g., 5th Circuit.):

F., F.2d, F.3d-Federal Reports (first, second and third series)

Location: Second floor, Stack 216-217

 

 

• Federal district court cases (ex. S.D. Tex., D. Mont.):

F. Supp., F. Supp. 2d-Federal Supplement (first and second series)

Location: Second floor, Stack 218-219

 

 

• Texas Supreme Court cases:

Tex.-Texas Reports (1846-1962)

Location: 5th floor [KFT 1245 A2]

S.W., S.W.2d, S.W.3d-South Western Reporter (first, second, and third series) (1886-present)

Location: Second floor, Stack 209-211

 

 

• State cases from other states can be found in the regional reporters:

A.2d - Atlantic Reporter, 2d series (Conn., Del., D.C., Me., Md., N.H., N.J., Penn., R.I., Vt.)

Location: Second floor, Stack 204

N.E. 2d - North Eastern Reporter, 2d series (Ill., Ind., Mass., N.Y., Ohio)

Location: Second floor, Stacks 205-6

N.Y.S.2d - New York Supplement, 2d series (N.Y.)

Location: Second floor, Stack 205

P.2d - Pacific Reporter, 2d series (Alaska, Ariz., Cal., Colo., Haw., Idaho, Kan., Mont., Nev., N.M., Okla., Or.,

Utah, Wash., Wyo.)

Location: Second floor, Stack 207

Cal. Rep. 2d - California Reporter, 2d series (Cal.)

Location: Second floor, Stack 204

S.E.2d - South Eastern Reporter, 2nd series (Ga., N.C., S.C., Va., W.V.)

Location: Second floor, Stack 208

So. 2d - Southern Reporter, 2d series (Ala., Fla., La., Miss.)

Location: Second floor, Stack 209

S.W. 3d - South Western Reporter, 3d series (Ark., Ky., Mo., Tenn., Tex.)

Location: Second floor, Stack 210-11

 

When you don't have a citation...

But you do have a party name.

When looking for a case by party name, one important piece of information is the jurisdiction of the court that heard the case. Knowing whether the case is a state case (and the state that heard it) or a federal case, will help you decide which source to use in your research.

I. Shepard's Case Name Citator (Texas and Federal)

Location: Second floor, Stack 224

Shepard's publishes a service that lists cases by name and then gives the corresponding citation so that one who does not know the citation for a case can look it up by name and find the cite. Using the Case Name Citator for the jurisdiction in which the case was heard, look up the party's name. If the case is a recent case, you will want to be sure to check the supplements to the Case Name Citator that should be shelved with the bound volume.

 

II. Digests

Digests essentially serve as indices for different reporter sets. Each set of Digests has a table that lists cases by party name, called the 

Case Name Table. If the case is recent, you will want to be sure to check the pocket part for the volume you are using and any cumulative supplements that are available.UNITED STATES SUPREME COURT DIGEST

Location: Second floor, Stack 215

Covers all cases heard by the Supreme Court from 1754 to the present. Both West and Lawyer’s Co-op

publish a Supreme Court Digest.

FEDERAL DIGESTS

Location: Second floor, Stack 220

Cover all federal cases, from the United States district courts through the U.S. Supreme Court.

Federal Digest: through 1940

Modern Federal Practice Digest: 1940-1960

Federal Practice Digest 2d: 1961-November 1975

Federal Practice Digest 3d: 1975-(no specific cutoff date)

Federal Practice Digest 4th: Supplements Federal Practice Digest 3d

REGIONAL/STATE DIGESTS

Cover all state cases and all federal cases arising out of region covered by a regional reporter. Those

regional reporters that don’t have regional digests, have individual digests for each state in the region.

Atlantic Reporter Digest

Location: Stack 204

California Digest

Location: Stack 205

New York Digest

Location: Stack 205

Illinois/Indiana/Massachusetts/Ohio Digests (North Eastern Reporter states)

Location: Stack 206

North Western Reporter Digest

Location: Stack 207

Pacific Reporter Digest

Location: Stack 208

South Eastern Reporter Digest

Location: Stack 209

Alabama/Florida/Louisiana/Mississippi Digests (Southern Reporter states)

Location: Stack 209

Arkansas/Kentucky/Missouri/Tennessee/Texas Digests (South Western Reporter states)

Location: Stack 211

SPECIALIZED DIGESTS

Location: Second floor, Stack 219 (with noted exceptions)

Bankruptcy Digest

Education Law Digest

Federal Claims Digest

Federal Rules Digest

Federal Rules of Evidence Digest [Location: Sixth floor, KF 8935 F4]

Veteran's Appeals Digest

DECENNIAL DIGEST

Location: Second floor, Stack 212

Covers all reported American cases (state and federal) for five- to ten-year periods. If you don’t know the jurisdiction in which your case was heard, this source is probably the best place to start. Updated by General Digests that are published twelve times annually. Each General Digest contains a Table of Cases for that volume. Every tenth volume has a cumulative list for the preceding 10 volumes.

FINDING CASES ABOUT A PARTICULAR AREA OF LAW (DIGESTS)

Digests provide subject access to all reported cases. A digest is both a subject index and a topical outline of case law. In the main volumes of the digests, brief summaries of legal issues discussed in cases are arranged topically. These brief summaries are also called "squibs." Each squib is assigned a topic within the West digest system. Topics are then divided into subtopics that are assigned "key numbers." The squibs with their assigned topics and key numbers are used as headnotes in cases in West's reporter sets. Headnotes simply summarize the different points of law in a case and give the researcher an indication of which part of the court’s opinion will be relevant to the issue the researcher is researching. The headnotes in cases, with their topics and key numbers, can be used, in conjunction with the digests, to find other cases on the same subject. West Publishing is the major publisher of digests that cover all federal and state jurisdictions as well as some topical areas. The topics and key numbers are the same in all the West digest systems.

COMPONENTS OF THE DIGEST:

Main volumes contain case squibs (headnotes from cases) arranged alphabetically by topic.

Finding tools:

Descriptive-word index--detailed subject index for digests.

Table of cases--alphabetical list of cases, by plaintiff and defendant, in that digest set.

Words and phrases--judicially defined terms with references to case names and citations.

Finding cases in the West digests:

1. Main volumes.
If you have a case you know is on point, use topics and key numbers from that case’s headnotes to find other relevant cases in the main volumes of the digest.
2. Descriptive-word index
West suggests that before you begin your search of the Descriptive-Word Index you analyze the problem to be searched and determine the following information:

a. parties involved;

b. places where the facts arose, & objects or things involved;

c. acts or omissions that form the basis of action or issue;

d. defense to the action or issue; and

e. relief sought.

3. Topical analysis.

At the front of each topic section is an outline with a breakdown of the topic and the key numbers that correspond to each sub-topic. Don’t underestimate the value of scanning through these outlines to see what key numbers may apply. This may be an additional step to use after consulting the Descriptive-Word Index which has helped you focus on a particular topic.

To make sure that you have the most recent cases, check the pocket part for the volume of the digest you are using and check any cumulative paper supplements that are available for the digest set you are using.