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My AccountLaw: Case Law
| Case Law are the reported decisions by judges that make new interpretations of the law. In the United State, courts adhere to stare decisions, which means that the court respects and adheres to the precedent of previous decision. However, not all precedents are binding. Higher courts trump lower court opinions. Additionally, opinions outside of a state's jurisdiction may be considered persuasive to a judge, but not binding. |
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- Nexis Uni This link opens in a new windowNews, law cases and reviews, and company financial information.
- HeinOnline Government, Politics & Law This link opens in a new windowIncludes the full content of the Congressional Record since 1873, 3000 law journals, U.S. Reports back to 1754, constitutions for every country in the world, classic books from the 18th & 19th centuries (including significant works on Women and the Law and Religion and the Law), all United States Treaties, and more.
Case Law Presentation
State and Federal Cases Available Online
- Google ScholarUS federal district, appellate, tax and bankruptcy courts since 1923 and US Supreme Court cases since 1791. It is the most comprehensive free source of federal district court opinions.
- Case Law Access Project(Harvard Law) Provides access to all U.S. official published case law from 1658 to June 2018.
- Government Publishing Office(Govinfo) Access to official Federal Government publications, including authenticated PDF documents.
- Guide to Law Online(Law Library of Congress) Annotated Portal containing selected links to United States, Foreign, and International law resources, many offering primary, full-text legal materials.
- JustiaIncludes case law, statutes, regulations, articles, opinion summaries (newsletter), and limited access to Federal District Court dockets.
- Public Library of Law(Fastcase) Includes case law, statutes, regulations, court rules, constitutions, and legal forms.
Nexis Uni - Shepard's Citation Services
In Nexis Uni, the Shepard's Signal marker indicates the standing of your case as treated by other cases. It helps to determine whether a case is "Good Law"
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SHEPARD'S SIGNAL INDICATORS |
COMMON ANALYSIS PHRASES |
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Positive Treatment Indicated The green signal indicates that citing references in the Shepard's Citations Service contain history or treatment that has a positive impact on your case (for example, affirmed or followed by). |
Followed by--The citing opinion relies on the case our are Shepardizing as controlling or persuasive authority |
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Warning: Negative treatment is indicated for statute The red exlamation point signal indicates that citing references in the SHepard's Citations Service contain strong negative treatment of the Shepardized section (for example, the section may have been found to be unconstitutional or void) |
Unconstitutional by—The citing case declares unconstitutional the statute, rule or regulation you are Shepardizing. Void or invalid by—The citing case declares void or invalid the statute, rule, regulation or order you are Shepardizing because it conflicts with an authority that takes priority |
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Warning: Negative treatment is indicated The red signal indicates that citing references in the Shepard’s Citations Service contain strong negative history or treatment of your case (for example, overruled by or reversed) |
Overruled by—The citing case expressly overrules or disapproves all or part of the case you are Shepardizing. Abrogated by—The citing case effectively, but not explicitly, overrules or departs from the case you are Shepardizing. Superseded by—The citing reference—typically a session law, other record of legislative action or a record of administrative action—supersedes the statute, regulation or order you are Shepardizing. |
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Questioned: Validity questioned by citing references The orange signal indicates that the citing references in the Shepard’s Citations Service contain treatment that questions the continuing validity or precedential value of your case. |
Questioned by—The citing opinion questions the continuing validity or precedential value of the case you are Shepardizing because of intervening circumstances, including judicial or legislative overruling |
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Caution: Possible negative treatment indicated The yellow signal indicates that citing references in the Shepard’s Citations Service contain history or treatment that may have a significant negative impact on your case (for example, limited or criticized by). |
Criticized by—The citing opinion disagrees with the reasoning/result of the case you are Shepardizing, although the citing court may not have the authority to materially affect its precedential value. Distinguished by—The citing case differs from the case you areShepardizing, either involving dissimilar facts or requiring a different application of the law. |
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Neutral: Citing references with analysis available The blue “A” signal indicates that citing references in the Shepard’s Citations Service contain treatment of your case that is neither positive nor negative (for example, explained by). |
Explained by—The citing opinion interprets or clarifies the case you are Shepardizing in a significant way. Cited in Dissenting Opinion at—A dissenting opinion cites the case you are Shepardizing. Interpreted or construed by—The citing opinion interprets the statute, rule or regulation you are Shepardizing in some significant way, often including a discussion of the statute’s legislative history. |
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Cited by: Citation information available The blue “I” signal indicates that citing references are available in the Shepard’s Citations Service for your case, but the references do not have history or treatment analysis (for example, the references are law review citations). |
Cited by—The citing document references the Shepardized cite. |
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