CHAPTER 4 Finding and Analyzing Case Law

The Bluebook Rule 10 State case law is cited in the same format that U.S. Supreme Court cases are cited State case law is cited in the same format that U.S. Supreme Court cases are cited If states publish their own reporter, that reporter is the state’s official reporter If states publish their own reporter, that reporter is the state’s official reporter All other reporters are unofficial All other reporters are unofficial

Case Law Written by judges and called decisions or opinions Written by judges and called decisions or opinions Considered primary authority Considered primary authority Will be based on, and/or, will create precedent Will be based on, and/or, will create precedent

Sources of Case Law Official reporters Official reporters Regional reporters Regional reporters CD-ROMs CD-ROMs On-line reporters On-line reporters LEXIS LEXIS Westlaw Westlaw

Case Citations Components Name of the case is either underlined or italicized Name of the case is either underlined or italicized Volume of the reporter Volume of the reporter Name of the reporter Name of the reporter Page found in the reporter Page found in the reporter Year of the decision Year of the decision May be placed after the case name and before volume or at the end of the citation May be placed after the case name and before volume or at the end of the citation End with a period End with a period

Case Citations Hint Always look at the top of the reporter page for the proper citation

Case Citations If there are multiple (parallel) citations, the official citation should always be listed first

U. S. Supreme Court Reporters Official reporter Official reporter United States Reports (U.S.) United States Reports (U.S.) Unofficial reporters Unofficial reporters Supreme Court Reporter (S. Ct.) Supreme Court Reporter (S. Ct.) Lawyer’s Edition (L. Ed.) Lawyer’s Edition (L. Ed.)

Other Federal Reporters Federal Reporter Federal Reporter Federal Supplement Federal Supplement Federal Rules Decisions Federal Rules Decisions LEXIS LEXIS Westlaw Westlaw Numerous other specialized reporters Numerous other specialized reporters

State Reporters Official state reporters Official state reporters Published by the state Published by the state Not published by every state Not published by every state Regional reporters Regional reporters Published by West Published by West Each covers multiple states Each covers multiple states Considered the official state reporter if no reporter is published by the state Considered the official state reporter if no reporter is published by the state Internet: LEXIS and Westlaw Internet: LEXIS and Westlaw

Reading a Case Case Components Facts Facts Judicial history Judicial history Issues Issues Rules Rules Analysis Analysis Decision (Conclusion) Decision (Conclusion)