When looking for case law, many times you will be able to start with the citation of a case. If you have this information, you can typically find the full text of the opinion by entering the citation into an appropriate database. If you do not have a citation, but know the subject which you'd like to search, use a tool or database that supports full-text searching. The more detail you use, the more likely you will find a case on point (if one exists); less detail will provide more, but possibly irrelevant, results. Perform a number of searches using different combinations of terms, and synonyms for terms, to ensure the best results.
When you have found a case that seems relevant, always check to see if the case is still good law. Many subscription resources, such as Nexis Uni, have an online tool to check for you. In print, you may need to use a service such as Shepard's citations to look for later cases. Read any relevant citations in the case you have found as an aid in finding additional resources. Similarly, search on the case you've found to find later references and more current case law.
Some cases may have headnotes or annotations. They may summarize the case or its holding, but are not part of the official decision and should only be relied upon for clarification. Citations should always be to the body of the case. Some headnotes are used by publishers to provide an indexing system that allows you to find cases on the same topic. Case digests can be used to find these cases.
Many times when searching for cases, you will have the citation. Although there are several different styles of legal citations, most, if not all, follow similar conventions when citing a case.
Example:
Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 582 (1994)
Campbell v. Acuff-Rose Music, Inc. is the title of the case. In a trial court, the plaintiff is listed first, but appellate courts may order parties differently.
"U.S." identifies the case reporter where the case can be found. Here "U.S." refers to the United States Reports, which contains United States Supreme Court cases. Some common abbreviations are listed below.
510 is the volume of the reporter.
569 is the first page of the case in the reporter.
582 is the specific page to which the citation is made (ths is not always listed).
1994 identifies the year of the case.
A., A.2d - Atlantic Reporter, 1st and 2nd series. Selected cases from CT, DE, DC, ME, MD, NH, NJ, PA, RI, and VT.
F., F.2d, F.3d - Federal Reporter, 1st, 2nd, and 3rd series. Cases from United States Courts of Appeal
F.Supp., F.Supp.2d - Federal Supplement, 1st and 2nd series. Selected cases from United States District Courts.
L.Ed., L.Ed.2d - United States Supreme Court Reports, Lawyers' Edition, 1st and 2nd series. United States Supreme Court Cases.
N.E., N.E.2d. - North Eastern Reporter, 1st and 2nd series. Selected cases from IL, IN, MA, NY, and OH.
N.W., N.W.2d - North Western Reporter, 1st and 2nd series. Selected cases from IA, MI, MN, NE, ND, SD, and WI.
P., P.2d - Pacific Reporter, 1st and 2nd series. Selected cases from AK, AZ, CA, CO, HI, ID, KS, MT, NV, NM, OK, OR, UT, WA, and WY.
S. S.2d, So., So.2d - Southern Reporter, 1st and 2nd series. Selected cases from AL, FL, LA, and MS.
S.Ct. - Supreme Court Reporter. United States Supreme Court cases.
S.E., S.E.2d - South Eastern Reporter, 1st and 2nd series. Selected cases from GA, NC, SC, VA, and WV.
S.W., S.W.2d, S.W.3d - South Western Reporter, 1st, 2nd, and 3rd series. Selected cases from AK, KY, MO, TN, and TX.
U.S. - United States Reports. United States Supreme Court cases.
Case law operates under the principle of stare decisis, which requires lower courts to follow the opinions of courts above them. Knowing the hierarchy of courts will allow you to assess the strength of the opinions you've found.
In Colorado, the highest court is the Colorado Supreme Court. Below it you will find the Court of Appeal. Colorado has District Courts which are the trial courts of general jurisdiction, and have appellate power over the County Courts, which are trial courts of limited jurisdiction. Thus, the hierarchy in Colorado goes as such:
Supreme Court ---> Court of Appeal ---> District Court ---> County Court
The Federal Courts are organized similarly with a Supreme Court, Courts of Appeal, and District Courts. Unlike Colorado, the Courts of Appeal are divided into 13 divisions, most of which are geographically divided, with other assigned specific functions and type of cases. In the federal system, the Supreme Court determine precedent for all of the circuits of the Courts of Appeal, but one Court of Appeal is not mandatory authority for another. For example, Colorado is in the Tenth Circuit Court of Appeal, and a decision in California by the Ninth Circuit would not be binding on Colorado courts. The federal hierarchy generally follows the Colorado scheme: