PRINT SOURCES FOR CASE LAW RESEARCH
Case reporters are series of volumes that contain the text of published cases. The cases are generally published chronologically as they are decided; they are not grouped by subject, judge, or other system. Official reporters are sanctioned by statute or court rule. Official reporters may or may not be printed by a government body.
There are many published reporter series. Separate sets of reporters exist for the United States Supreme Court, for various federal courts, and for state courts. A number of different publishers are involved in producing print reporters; however, for more than a century the publishing of American court cases has been dominated by one company - West Publishing, now known as the West Group.
Most reporters only publish appellate court cases. This is because at the state level, trial court cases are for the most part not reported. Selected federal trial court cases are reported in the Federal Supplement. For particularly important unreported trial court cases, check newspapers or perhaps subject-specialized reporters from the time of the decision. Materials in court files are generally available to the public. Exceptions include juvenile court records, which are closed in most jurisdictions, and cases in which the trial judge has ordered the record sealed. To find out what materials are available, contact the clerk of the court in which the trial was held. The library has directories to help in locating contact information.
A case may be ordered unpublished or depublished for a variety of reasons,
e.g.: the judge doesn't want it cited as precedent, the case has been
overturned, the case has been granted review in a higher court, or the
judge just thinks too many unimportant cases get printed. Always check
local court rules before using unpublished cases as authority.
State reporters and the National Reporter System
Beginning late in the nineteenth century, West Publishing Company developed a system of case reporters which provided court opinions from all fifty states. There are seven regional reporters (Atlantic, North Eastern, North Western, Pacific, South Eastern, South Western, and Southern) and a separate reporter for each of two large states - New York and California. These constitute the National Reporter System. There are still a number of reporters that publish cases from one state only; for example, our library maintains an up-to-date set of both Maryland Reports (opinions of the Maryland Court of Appeals) and Maryland Appellate Reports (opinions of the Maryland Court of Special Appeals). Most of the single state reporters are designated as official reports because they are published under the authority of the state government. For about one half of the states, however, there is no longer a separate reporter devoted to cases from only that state. The tendency has been to rely increasingly upon the National Reporter System for print versions of cases from the fifty states, even when official reporters still exist.
Editorial enhancements to published cases
Many reporters add summaries, called the syllabus and headnotes, to the official text of cases. The syllabus and headnotes are handy brief summaries of rules of law and significant facts drafted by publishers' editors or court recorders. They are not authoritative, although an exception is that in Ohio the syllabus is authoritative. Never cite to a case solely on the basis of the headnote or syllabus. You must always read the full case. Headnotes may not contain sufficient factual information to accurately assess the holding of the case; on occasion the headnote may even misrepresent the holding. In rare cases they are frankly erroneous. An example is omission of the word "not" from a headnote. Think of the headnotes and syllabus as finding tools.
Many reporters also list counsel for the various parties somewhere near
the beginning of the text of each case. The names of counsel can give
you a person to call for further details or subsequent history of a case,
or to request copies of briefs.
Advance sheets are freestanding paper pamphlets that supplement reporter sets. Eventually they are replaced by bound volumes. While the exact contents will vary from reporter to reporter, most advance sheets have the following features in addition to the text of the cases.
Table of cases contained in the volume. This usually goes beyond the physical volume to the volume number assigned to the advance sheets. For example, it may take 5 physical pamphlets of the advance sheets to make up volume 47 of the bound reporter. These 5 advance sheet pamphlets will all have volume 47 as their volume number. The table of cases contained in the latest advance sheet pamphlet generally covers the cases reported in volume 47. With some advance sheets, including the California official reports advance sheets, the table of cases is a multi volume table covering all cases reported since the last bound volume. For example, if the last bound volume is 46, volume 47 consists of 5 advance sheet pamphlets but has not been bound yet, and volume 48 has started with its first advance sheet, the table of cases in the volume 48 advance sheet may cover all of volume 47 as well as volume 48.
Table of statutes interpreted in the cases reported in the volume. This table may also be for a single volume or multiple volumes.
Subject index or digest of the cases reported. For West reporters, this will be the most current update of their Key Number digest. For other reporters, a subject index to the cases reported will be included. Note that only those topics, or topics and key numbers, that are included in that volume will be included. If no case in that volume deals with habeas corpus there will not be a habeas corpus topic listed.
Lists of presiding judges.
Revisions in the local court rules. While they are compiled in other types of legal resources, local court rules typically appear first in advance sheets.
Subsequent History Tables. Some advance sheets contain this information. For example, advance sheets for the California official reports have a table that gives the subsequent history for cases, including whether the case has been depublished, granted review, or overturned.
The exact features vary by reporter. Generally speaking though, there is a wealth of information and finding tools that go far beyond just the most recent cases.
Because case reporters print cases chronologically, an indexing system is necessary to do effective research. Though other indexing systems exist, the most comprehensive and well known has been developed by the West Publishing Company. West has developed a system for indexing cases based on the Topic and Key Number System. This system divides the law into about 400 broad topics. Within each topic, subtopics are represented by key numbers. Over the years, as the law has developed and grown in complexity, many new topics have been instituted and key numbers have proliferated within both old and new topics. Some complex topics have thousands of subtopics represented by key numbers; other topics have many fewer. The print version of the topic and key number system can be found in a series of West digests, available for state and federal courts. The topic and key number system is also available online on Westlaw.
Relationship between West Digests and Reporters
Every case published in the West reporters is indexed by editors who assign a topic and key number to each issue decided in the case and write a short summary (abstract) of the issue. The two things combined - the topic/key number and the summary of the issue - are consolidated into a headnote. In each reported case, headnotes appear before the text of the opinion. Some cases have only one headnote while others have dozens, depending on the number and complexity of the issues in the case. Central to understanding the West indexing/reporting system is the connection between the headnotes which appear in the reported versions of the cases and the digest summaries. The brief summary of each issue that appears in a headnote at the beginning of a reported case also appears under that corresponding topic and key number in the Digest. The digest provides a subject arrangement of summaries of cases arising in the jurisdictions that are covered by the particular digest, along with citations to the reporters where the full text of the opinions can be found.
Using the West Digests (Topic & Key Number System)
West publishes regional digests for four of its seven regional reporters.
For states not covered by a regional digest our library has individual
state digests. However, all of these digests in our library, with the
exception of the Maryland Digest, are updated only through 2006. West
claims to provide comprehensive coverage of all reported appellate decisions
in or arising in a particular state or region. Digests are merely finding
tools and are never cited. A case described within a digest should never
be cited without first reading the full text of the case itself, verifying
the digest's categorization, and making sure the case is still good
Tips for Using Digests
Choose the digest most narrowly focused to your research topic. For example, if you need California cases only, use a California digest instead of the Pacific Digest. In our library, check the list entitled "State and Regional Case Law Resources" to determine which digest is available for your jurisdiction. Always be sure to check for pocket parts in the specific volume of the digest, keeping in mind that it is updated only through 2006. Keep the time frame of your research needs in mind as well. Carefully check the spine or preface to be sure that the digest you are using actually covers that time frame. If there are multiple series of a digest, it usually makes sense to start with the most recent and work your way back as needed.
The Descriptive Word Index is usually the best starting point to the digest. Since both facts and legal terms may be searched in the index, it is helpful to have a basic understanding of the legal issues involved in a particular problem before attempting to navigate the index. A known statute can be a good access point into digests that have a table of statutes. A known case is also a good access point, as it is often an efficient strategy to take the topic and key numbers from relevant cases already found and look up those topic and key numbers in the digest. A caution with the known case strategy is that key numbers do change so older cases may not be indexed under current key numbers for that topic. Also, nuances between key numbers may not be substantial and a check of the index and the topic outline should be undertaken to locate all relevant key numbers.
AMERICAN LAW REPORTS (A.L.R.)
A.L.R. is characterized as a case finding tool by some researchers. A.L.R. publishes an annotation or review article discussing a topic along with the full text of a representative case. Annotations attempt to provide discussion of and citations to previously reported cases on a topic. The annotations discuss all sides of the issue. Annotations present general principles deduced from the cases and give their exceptions, qualifications, distinctions and applications, as well as jurisdictional based differences.