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Legal Research Guide

Case Law Research

Case law research involves searching and retrieving legal precedent (past court decisions that became court-created law).  

The purpose of a source should be distinguished before beginning research. Cases can be used as either binding authority or persuasive authority. Binding authority means that the court is bound to follow the law in the jurisdiction. Not only cases are binding, but other primary sources of law can also be binding authority. For a legal source to be binding, it must be the authoritative law in the jurisdiction and applicable to the issue of law. Persuasive sources are not binding and hold no actual power, but are included because it may be convincing to the court. Primary legal sources can be utilized as persuasive sources in jurisdictions where they are not binding.

Shepardize

Determine if the case is still good law! 

Shepardizing or tracing a case history is important. The case history of a case needs to be checked to see if the case is good law, or if it was either overruled, reversed, or superseded. If the case has negative treatment, then the case cannot be used. It is important to note that some cases are only overruled or reversed in part so you should read carefully.

Federal Case Law

Federal Courts

U.S. Supreme Court

U.S. Court of Appeals

State Case Law