Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Legal Research & Writing LAW-215 Case Law and Judicial Opinions

Case Law and Judicial Opinions In this unit, we will learn: In this unit, we will learn: How to summarize the elements of judicial opinions. How to summarize the elements of judicial opinions. About the publication of cases, the elements of a typical court case, and the types of opinions written by judges. About the publication of cases, the elements of a typical court case, and the types of opinions written by judges. How to locate cases using different research sources. How to locate cases using different research sources. How to identify the elements of analyzing and briefing cases. How to identify the elements of analyzing and briefing cases. The purpose of the National Reporter System The purpose of the National Reporter System

Elements of a Case Case name Case name Docket number and deciding court Docket number and deciding court Date of decision Date of decision Case summary or synopsis* Case summary or synopsis* Headnotes* Headnotes* Names of counsel Names of counsel Opinion Opinion Decision Decision *Not part of the court’s opinion

Official v. Unofficial Publication of Cases The terms “official” and “unofficial” relate solely to the method of publication. The terms “official” and “unofficial” relate solely to the method of publication. The U.S. Supreme Court, U.S. Circuit Courts of Appeal, and the courts of 29 states publish “official” reports. The U.S. Supreme Court, U.S. Circuit Courts of Appeal, and the courts of 29 states publish “official” reports. The cases of all courts are published in “unofficial” (i.e., commercial) reporters. The cases of all courts are published in “unofficial” (i.e., commercial) reporters. For those jurisdictions that still publish “official” reports, parallel citations are required. For those jurisdictions that still publish “official” reports, parallel citations are required.

Publication of United States Supreme Court Cases United States Reports (U.S.) United States Reports (U.S.) Supreme Court Reporter (S. Ct.) Supreme Court Reporter (S. Ct.) United States Supreme Court Reports, Lawyers’ Edition (L. Ed.) United States Supreme Court Reports, Lawyers’ Edition (L. Ed.)

Rapid Access to United States Supreme Court Cases Slip opinions Slip opinions Computer-assisted research Computer-assisted research United States Law Week United States Law Week Newspapers Newspapers West Document Retrieval West Document Retrieval Internet Internet

Stage One The first stage in Legal Writing is formulating and outlining the applicable legal rule. This outline will become the outline of your analysis and of the discussion that communicates it. The first stage in Legal Writing is formulating and outlining the applicable legal rule. This outline will become the outline of your analysis and of the discussion that communicates it. Right now, don’t worry about creating a document for your reader, just use your writing to work out your own analysis. Right now, don’t worry about creating a document for your reader, just use your writing to work out your own analysis.

West’s National Reporter System West’s National Reporter System

“National Reporter System” refers to all the West case reporters – report cases from all 50 states and all federal courts “National Reporter System” refers to all the West case reporters – report cases from all 50 states and all federal courts 7 regional reporters, e.g. North Eastern Reporter 7 regional reporters, e.g. North Eastern Reporter 30 state reporters, e.g. Massachusetts Decisions 30 state reporters, e.g. Massachusetts Decisions various federal reporters various federal reporters

West’s National Reporter System North Western Reporter N.W., N.W.2d Iowa, Michigan, Minnesota, Nebraska, North Dakota, South Dakota, and Wisconsin Pacific Reporter P., P.2d, P.3d Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington, and Wyoming North Eastern Reporter N.E., N.E.2d Illinois, Indiana, Massachusetts, New York, and Ohio

West’s National Reporter System (continued) Atlantic Reporter A., A.2d Connecticut, Delaware, Maine, Maryland, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont, and Washington, D.C. South Western Reporter S.W., S.W.2d, S.W.3d Arkansas, Kentucky, Missouri, Tennessee, and Texas Southern Reporter So., So. 2d Alabama, Florida, Louisiana, and Mississippi

West’s National Reporter System (continued) South Eastern Reporter S.E., S.E.2d Georgia, North Carolina, South Carolina, Virginia, and West Virginia

Features of West’s National Reporter System Table of cases reported Table of cases reported Tables of statutes and rules Tables of statutes and rules Table of words and phrases Table of words and phrases List of judges List of judges Key number system Key number system

Introduction to a Case in the National Reporter System

Case Headnotes Every case in the National Reporter System has at least one headnote. Every case in the National Reporter System has at least one headnote. A headnote is a paragraph summary of a single point of law discussed in the case. A headnote is a paragraph summary of a single point of law discussed in the case. Every headnote has at least one Topic & Key Number. Every headnote has at least one Topic & Key Number. Headnotes appear in the order the points of law are discussed in the case. Headnotes appear in the order the points of law are discussed in the case. Headnote 2 Headnote 1

West Topic & Key Number System Classification system with at least one topic and key number assigned to each point of law in each reported case Classification system with at least one topic and key number assigned to each point of law in each reported case Extensive outline of the entire body of case law in this country Extensive outline of the entire body of case law in this country Index to entire National Reporter System, helping you locate cases with similar legal issues in any jurisdiction Index to entire National Reporter System, helping you locate cases with similar legal issues in any jurisdiction TopicKey No.

Key Number System A Key Number is a permanent number given by West to a specific legal subject as categorized by West. A Key Number is a permanent number given by West to a specific legal subject as categorized by West. West first subdivided all possible legal subjects into seven main headings, then broke these headings into 32 subdivisions and approximately four hundred "Key Number topics." West first subdivided all possible legal subjects into seven main headings, then broke these headings into 32 subdivisions and approximately four hundred "Key Number topics."

Example of How Legal Subjects are Subdivided in West’s Key Number System

Parallel Citations and Star Paging West’s reporters provide all parallel citations for the case. West’s reporters provide all parallel citations for the case. Use the National Reporter Blue Book to find parallel citations to unofficial reporters from an official citation. Use the National Reporter Blue Book to find parallel citations to unofficial reporters from an official citation. Star paging is a method of indicating original page numbers from the official reporter. Star paging is a method of indicating original page numbers from the official reporter.

Summary of Case Law Publication Highest Court Intermediate Appellate Courts Trial Courts Federal Cases United States Supreme Court United States Reports United States Reports Supreme Court Reporter Supreme Court Reporter United States Supreme Court Reports, Lawyers’ Edition United States Supreme Court Reports, Lawyers’ Edition United States Law Week United States Law Week United States Courts of Appeal cases are published in Federal Reporter (F., F.2d, and F.3d) United States District Court cases are published in Federal Supplement (F. Supp. and F. Supp. 2d)

Summary of Case Law Publication (continued) Highest Court Intermediate Appellate Courts Trial Courts State Cases State Supreme Courts (examples of official sets are California Reports and Georgia Reports) State Appellate Courts (examples of official sets are California Appellate Reports and Georgia Appeals Reports) Generally, trial court cases are not published

End of Case Law And Judicial Opinions End of Case Law And Judicial Opinions