Researching Cases: Four Steps

This is an iterative process, so you will work through these steps multiple times

• Determine relevant jurisdiction and names and hierarchy of courts in that jurisdiction (Bluebook T1)
• Identify appropriate reporters or databases.
  • When using Lexis or Westlaw, start your research by selecting your jurisdiction and then the appropriate collection of cases.
  • DON’T use the general search box at the top of the page. 
• Think about legal issues and how to turn them into search terms.

Search Strategies

• Start with a secondary source that covers your jurisdiction and area of law. Identifies cases, statutes, topics and key numbers, and search terms.
• Start with a relevant statute where applicable. Citing cases are identified in Shepard’s and KeyCite.
• Search using keywords based on legal concepts and operative facts.
• Use topical search tools (West Key Number System, Lexis Topics, and headnotes): 
• Use a digest: They organize case law by topic to make it more easily findable and to reduce reliance on keyword searching.

"One Good Case" Method

Once you identify a relevant case, use it to expand your research.

• Read the cases and other materials your case cites.
• Use headnotes (Lexis and Westlaw) and Key Numbers (Westlaw) to find more cases on your topic.
• Use a citator (Shepard’s or Key Cite) to find cases and other materials that cite your case.

• Goal is to distill the law from the cases you find, not to find one perfect case.
• Develop a full picture of the law, including all elements of a claim or defense, and how courts apply the law to different sets of facts.
  • Look for trends in cases over time.
  • Look at how courts distinguish cases.
  • Look at key lines courts seem to draw.
  • Look for recurrent fact patterns.

Do Not Cherry-Pick

• Develop a complete picture of the law on your issue(s), not limited to cases that help your client.
• Understand favorable and unfavorable authority.
• Identify and address cases that do not support your position.
  • Your argument is stronger when you anticipate counter-arguments.
  • It’s your duty, as a competent researcher and an ethical attorney.

• Cases are not updated after they are decided. You need to check that they are still good law.
• Citators are built in to Lexis (Shepard’s) and Westlaw (Key Cite). Use them early and often.
• Updating cases also helps locate additional authority.