Judicial Branch Publications
Updated Feb. 10, 2012.
Prepared by Peggy Roebuck Jarrett for LIS 526: Government Publications.
Link to 2012 PowerPoint slideshow.
The judicial branch of the United States government is made of up the
federal court system and several supporting agencies. The U.S. Supreme Court
was established by the Constitution (U.S.Const.
art. III, sec. 1). The lower federal courts were created by Congress.
Case Law
Case law is primary law created by judges in the course of resolving
disputes. It is the written resolution of the issues, written by a judge or
a panel of judges. It is not a jury verdict. Juries decide facts; judges
decide law. The word “case” is often used interchangeably with “opinion” or
“decision.”
Not all opinions are published. Opinions with precedential value are
published in sets of books called
reporters. Unpublished opinions can sometimes be found online.
Precedents are the legal principles or rules created by court opinions.
Lower courts must apply these precedents in cases with similar issues and
facts. This system allows similarly situated people to be treated the same.
The United States Reports is the only major reporter distributed
through the Federal Depository Library Program. Opinions of lower federal
courts are commercially published, but they are still considered primary
law. State appellate opinions are also commercially published, although some
states have official reporters.
Opinions & the Court System
A generic court system consists of:
- trial courts,
- intermediate appellate courts, and
- the appellate court of last resort, which is often called the “Supreme Court.”
There are also specialized courts. On the state level, reported cases
generally come from the appellate courts – not the trial courts. On the
federal level, some trial court cases are reported. Remember that in a jury
trial, there is nothing to “report” except a verdict.
Federal
Court System.
Other court directories and links include the
Federal
Court Locator
and the
U.S.
Court Finder.
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How To Find Cases
There are several ways to find cases.
Use Free Internet Resources
Start with
Free Law Online.
For U.S. Supreme Court cases, use one or more of the following sources
(coverage varies):
For U.S. Circuit Courts of Appeals cases, try the following:
For U.S. District Court cases, free choices are limited. The best choice is Google Scholar.
For Washington State Supreme Court opinions from 1854 and Court of Appeals
opinions from 1969, use
LegalWA.org.
For other state cases
Use LexisNexis Academic
LexisNexis Academic
(UW
Restricted) is available to UW faculty, students, and staff and to other users visiting the
Gallagher Law Library or one of the UW libraries. Complete coverage of
federal and state case law. Includes recent opinions and U.S. District Court
cases.
Use an Annotated Code
If you are researching a federal or state statute, there may be case law
interpreting it. The Law Library has annotated statutes for all 50 states
and the federal government. Annotations summarize and cite to case law.
The
federal statutes are in two sets: United States Code Annotated (USCA)
and United States Code Service (USCS). The Washington State statutes
are in the Revised Code of Washington Annotated (RCWA) and the
Annotated Revised Code of Washington (ARCW). All current statutes are
located in the Reference Area. The ARCW and USCS are also available on LexisNexis Academic.
Use KeyCite or Shepard's
KeyCite and Shepard's are commercial web-based case law citation services.
If you have a specific case citation, you can identify later court decisions
that refer to or mention it. Both services can be used to determine if a
specific case has been affirmed, overruled, or modified by a later court
decision. The Law Library has a public subscription to KeyCite; users must
visit the Law Library to gain access to this service. Shepard's is available
on LexisNexis Academic.
Use Secondary Sources
Secondary sources give the framework of the law, introduce the topic, offer
expert analysis, and provide references to primary authority (cases,
statutes, regulations). Books, law review articles, legal encyclopedias, and
attorney practice materials are examples of secondary sources.
Find a Case in a Book
Reporters & Digests identifies the major reporters held by the Gallagher Law Library.
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Court Briefs
Briefs are written arguments submitted by the parties to an appellate level
court. Briefs are designed to be persuasive; they contain legal arguments,
analysis, and reference to primary and secondary sources. See the Gallagher
guide on
Briefs &
Oral Arguments for sources available in Law Library and on the Internet.
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Public Access to Court Electronic Records (PACER)
PACER is a fee-based electronic public access service for case and docket
information from Federal appellate, district, and bankruptcy courts. For
more information on content, cost, and registration procedures, go to the
PACER Service Center.
Note that for PACER usage of less than $10 in a quarterly billing cycle the fee is waived.
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Judicial Branch Business
Administrative Office of the United States Courts
Handles nonjudicial administrative business. Maintains workload statistics.
Publications and workload statistics can be found under the Publications and Reports link.
Federal Judicial Center
Provides policy research and continuing education.
Judicial Conference of the United States Courts
Serves as the governing and policy-making body for the administration of the
federal judiciary.
United States Sentencing Commission
Develops guidelines and policies regarding sentencing in federal courts.
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Administrative Agency Decisions
Most administrative agencies have a quasi-judicial function. They decide
(adjudicate) individual cases arising from the application of their rules
and regulations. Some agency decisions are distributed through the Federal
Depository Library Program.
Federal
Administrative Decisions & Other Actions
Links to a wide variety of resources for agency decisions on the web.
Arranged by agency or subject.
HeinOnline > U.S. Federal Agency Documents, Decision, and Appeals (UW
Restricted)
LLMC Digital
has a good collection of historical decisions. (UW
Restricted)
Washington State Administrative Decisions and Guidance Documents
Listed on Gallagher's Free Law Online page.
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Legal Resources on the Internet
The Gallagher Law Library's Free Law Online
page lists sites that provide legal information and materials (including
laws, bills, court opinions, and related documents) and/or links to legal
material. Only the most important Washington State and U.S. sites have been
selected. Includes links to legal meta-indexes and general search engines.
Law Library Hours, Services & Research Guides
The Law Library is open to the public. See the
Hours page for the schedule.
General information about services can be found on the Law Library’s homepage. The Law Library Reference Office phone number is (206) 543-6794. The
Reference librarians accept questions sent via
email from the
Ask Us form.
The United States Government Publications
page describes depository services and links to several legal research
guides. A complete list of Gallagher's Legal
Research Guides is available. Specific guides of interest include:
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