Judicial Branch Publications Peggy Roebuck Jarrett, guest lecturer

Sources of Primary Law Statutes passed by legislative bodies Statutes passed by legislative bodies Regulations promulgated by administrative agencies Regulations promulgated by administrative agencies Case law created by judges Case law created by judges Constitutions Constitutions

Case Law: Why U.S. is a common law country U.S. is a common law country An evolving body of doctrine An evolving body of doctrine

Case Law: What Primary law Primary law Created by judges in the course of resolving disputes Created by judges in the course of resolving disputes The written resolution of the issues The written resolution of the issues The words “case,” “opinion,” and “decision” are often used interchangeably The words “case,” “opinion,” and “decision” are often used interchangeably Not a jury verdict Not a jury verdict

Publication of Opinions Only opinions of precedential value are published in reporters Only opinions of precedential value are published in reporters Precedent allows similarly situated people to be treated the same Precedent allows similarly situated people to be treated the same Published v. unpublished Published v. unpublished Some courts allow citations to unpublished opinions in briefs Some courts allow citations to unpublished opinions in briefs

Publication of Opinions United States Reports only major reporter in Federal Depository Library Program United States Reports only major reporter in Federal Depository Library Program Lower federal court and state appellate opinions are commercially published Lower federal court and state appellate opinions are commercially published Some states have official reporters Some states have official reporters Opinions in commercial reporters are primary law Opinions in commercial reporters are primary law

Opinions and the Court System A generic court system consists of A generic court system consists of trial courts trial courts intermediate appellate courts intermediate appellate courts the appellate court of last resort the appellate court of last resort Specialized courts Specialized courts Courts of limited jurisdiction Courts of limited jurisdiction

Opinions and the Court System Where do reported cases come from? Where do reported cases come from? State: appellate courts State: appellate courts Federal: appellate plus some trial courts Federal: appellate plus some trial courts In a jury trial, there is nothing to “report” except a verdict In a jury trial, there is nothing to “report” except a verdict

Court Systems Washington State Courts Washington State Courts Washington State Courts Washington State Courts Federal Courts Federal Courts Home Home Home Federal Court Locator Federal Court Locator Federal Court Locator Federal Court Locator U.S. Court Locator U.S. Court Locator U.S. Court Locator U.S. Court Locator

Washington State Courts Supreme Court Supreme Court Court of Appeals Court of Appeals 3 divisions 3 divisions Superior Courts Superior Courts by county by county Courts of Limited Jurisdiction Courts of Limited Jurisdiction

The Federal Court System U.S. Supreme Court U.S. Supreme Court U.S. Circuit Courts of Appeals U.S. Circuit Courts of Appeals Washington State is in the 9th Circuit Washington State is in the 9th Circuit U.S. District Courts U.S. District Courts Western and Eastern District of Washington Western and Eastern District of Washington Bankruptcy handled by special district courts Bankruptcy handled by special district courts

Specialized Federal Courts U.S. Court of Federal Claims handles claims against the federal government U.S. Court of Federal Claims handles claims against the federal government U.S. Court of Federal Claims U.S. Court of Federal Claims Court of International Trade deals with international trade and customs Court of International Trade deals with international trade and customs Court of International Trade Court of International Trade U.S. Tax Court U.S. Tax Court U.S. Tax Court U.S. Tax Court U.S. Court of Appeals for the Armed Forces U.S. Court of Appeals for the Armed Forces U.S. Court of Appeals for the Armed Forces U.S. Court of Appeals for the Armed Forces U.S. Court of Appeals for Veterans Claims U.S. Court of Appeals for Veterans Claims U.S. Court of Appeals for Veterans Claims U.S. Court of Appeals for Veterans Claims

How to Find Case Law Use Free Law Online to find free sites Use Free Law Online to find free sitesFree Law Online Free Law Online Use a commercial database, such as LexisNexis Academic (UW restricted) Use a commercial database, such as LexisNexis Academic (UW restricted) LexisNexis Academic(UW restricted) LexisNexis Academic(UW restricted) Use an annotated code Use an annotated code Use secondary sources Use secondary sources

How to Find Case Law Update, update, update Update, update, update Reversed or overruled opinions are not deleted from reporters or databases Reversed or overruled opinions are not deleted from reporters or databases Use Keycite or Shepard’s Use Keycite or Shepard’s

Best Free Sites for Case Finding Washington State Courts Washington State Courts LegalWa.org LegalWa.org LegalWa.org U.S. Supreme Court U.S. Supreme Court Official site Official site Official site Official site Cornell Legal Information Institute Cornell Legal Information Institute Cornell Legal Information Institute Cornell Legal Information Institute FindLaw FindLaw FindLaw GPO just has bulk data from GPO just has bulk data from GPO

Other Places to Look for Cases U.S. Circuit Courts of Appeals and States other than Washington U.S. Circuit Courts of Appeals and States other than Washington Federal and State court websites Federal and State court websites FederalState FederalState FindLaw FindLaw FindLaw Public Library of Law Public Library of Law Public Library of Law Public Library of Law Google Scholar Google Scholar Google Scholar Google Scholar U.S. District Courts U.S. District Courts Google Scholar Google ScholarGoogle ScholarGoogle Scholar

Google Scholar Google Scholar Start with Advanced Scholar Search Start with Advanced Scholar SearchAdvanced Scholar SearchAdvanced Scholar Search Limit by jurisdiction Limit by jurisdictionjurisdiction Limit by date Limit by date Includes West reporter citations Includes West reporter citations Disadvantage: “how cited” is not a case verification tool Disadvantage: “how cited” is not a case verification tool Advantage: free text, includes Federal District Court opinions! Advantage: free text, includes Federal District Court opinions!

LexisNexis Academic LexisNexis Academic Federal: all published appellate and district court cases Federal: all published appellate and district court cases State: all available appellate court cases State: all available appellate court cases Shepard’s Citations Shepard’s Citations Finding tools: secondary sources and annotated codes Finding tools: secondary sources and annotated codes UW Restricted UW Restricted UW Restricted UW Restricted

GPO-AOUSC Pilot US Court Opinions on FDsys US Court Opinions on FDsysFDsys 2 Circuit Courts 2 Circuit Courts 13 District Courts 13 District Courts 6 Bankruptcy Courts 6 Bankruptcy Courts 2004 – date, but incomplete 2004 – date, but incomplete

PACER Public Access to Court Electronic Records Public Access to Court Electronic Records Case and docket information from Federal courts Case and docket information from Federal courts Fee-based Fee-based PACER Service Center PACER Service Center PACER Service Center PACER Service Center

PACER & the FDLP First Pilot First Pilot Limited number of libraries Limited number of libraries Free Free Suspended early Suspended early Second Pilot Second Pilot “Access and Education Program” “Access and Education Program” Libraries train public, for a credit Libraries train public, for a credit Public users still need account Public users still need account

RECAP RECAP: Turning PACER Around RECAP: Turning PACER Around RECAP Firefox extension Firefox extension PACER results go to the RECAP archive PACER results go to the RECAP archive Archive is not authenticated (but it’s free) Archive is not authenticated (but it’s free)

Court Briefs & Oral Arguments Briefs are written arguments submitted to an appellate court Briefs are written arguments submitted to an appellate court Larger law libraries may have paper or microfiche Larger law libraries may have paper or microfiche Patrons may need to obtain them directly from the court clerk Patrons may need to obtain them directly from the court clerk Some briefs & oral arguments are online Some briefs & oral arguments are online

Court Briefs & Oral Arguments Audio of U.S. Supreme Court oral arguments at Oyez Audio of U.S. Supreme Court oral arguments at OyezOyez Audio (and some video) of Washington State Supreme Court at TVW Audio (and some video) of Washington State Supreme Court at TVWTVW Gallagher Law Library, Briefs & Oral Arguments Gallagher Law Library, Briefs & Oral ArgumentsBriefs & Oral ArgumentsBriefs & Oral Arguments

Judicial Branch Business Administrative Office of the U.S. Courts Administrative Office of the U.S. Courts Administrative Office of the U.S. Courts Administrative Office of the U.S. Courts Federal Judicial Center Federal Judicial Center Federal Judicial Center Federal Judicial Center Judicial Conference of the U.S. Courts Judicial Conference of the U.S. Courts Judicial Conference of the U.S. Courts Judicial Conference of the U.S. Courts Reports, studies, monographs, newsletters, and statistics Reports, studies, monographs, newsletters, and statistics

US Sentencing Commission Develops guidelines for sentencing in Federal courts Develops guidelines for sentencing in Federal courts In 2005 US Supreme Court made guidelines advisory, not mandatory In 2005 US Supreme Court made guidelines advisory, not mandatory USSC Home USSC Home USSC Home USSC Home

Administrative Agency Decisions Most administrative agencies have a quasi-judicial function Most administrative agencies have a quasi-judicial function Decide (adjudicate) individual cases arising from the application of their rules and regulations Decide (adjudicate) individual cases arising from the application of their rules and regulations Few agency decisions are distributed through the Federal Depository Library Program Few agency decisions are distributed through the Federal Depository Library Program

Administrative Agency Decisions Administrative Decisions & Other Actions (UVA) Administrative Decisions & Other Actions (UVA) Administrative Decisions & Other Actions Administrative Decisions & Other Actions Washington State Administrative Decisions (Gallagher) Washington State Administrative Decisions (Gallagher) Washington State Administrative Decisions Washington State Administrative Decisions LLMC Digital (UW Restricted) LLMC Digital (UW Restricted) LLMC Digital(UW Restricted) LLMC Digital(UW Restricted) HeinOnline (UW Restricted) HeinOnline (UW Restricted) HeinOnline(UW Restricted) HeinOnline(UW Restricted) Use web and law library print resources Use web and law library print resources

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