Judicial Branch Judicial Branch PublicationsPublications

Peggy Roebuck Jarrett, guest Peggy Roebuck Jarrett, guest lecturerlecturer

http://http://lib.law.washington.edu/ref/judbranch.htmllib.law.washington.edu/ref/judbranch.html

Sources of Primary LawSources of Primary Law

Statutes passed by legislative bodies Statutes passed by legislative bodies Regulations promulgated by Regulations promulgated by

administrative agenciesadministrative agencies Case law created by judgesCase law created by judges ConstitutionsConstitutions

Case Law: WhyCase Law: Why

U.S. is a common law countryU.S. is a common law country An evolving body of doctrineAn evolving body of doctrine

Case Law: WhatCase Law: What

Primary lawPrimary law Created by judges in the course of Created by judges in the course of

resolving disputesresolving disputes The written resolution of the issuesThe written resolution of the issues The words “case,” “opinion,” and The words “case,” “opinion,” and

“decision” are often used “decision” are often used interchangeablyinterchangeably

Not a jury verdictNot a jury verdict

Publication of OpinionsPublication of Opinions

Only opinions of precedential value Only opinions of precedential value are published in reportersare published in reporters Precedent allows similarly situated Precedent allows similarly situated

people to be treated the samepeople to be treated the same Published v. unpublished matters, Published v. unpublished matters,

not official v. unofficialnot official v. unofficial Some courts allow citations to Some courts allow citations to

unpublished opinions in briefsunpublished opinions in briefs

Publication of OpinionsPublication of Opinions

United States ReportsUnited States Reports only major only major reporter in Federal Depository Library reporter in Federal Depository Library ProgramProgram

Lower federal court and state Lower federal court and state appellate opinions are commercially appellate opinions are commercially publishedpublished

Some states have official reportersSome states have official reporters Opinions in commercial reporters are Opinions in commercial reporters are

primary lawprimary law

Opinions and the Court SystemOpinions and the Court System

A generic court system consists ofA generic court system consists of trial courtstrial courts intermediate appellate courtsintermediate appellate courts the appellate court of last resortthe appellate court of last resort

Specialized courtsSpecialized courts Courts of limited jurisdictionCourts of limited jurisdiction

Opinions and the Court SystemOpinions and the Court System

Where do reported cases come from?Where do reported cases come from? State: appellate courtsState: appellate courts Federal: appellate plus some trial courtsFederal: appellate plus some trial courts

In a jury trial, there is nothing to In a jury trial, there is nothing to “report” except a verdict“report” except a verdict

Court SystemsCourt Systems

Washington State CourtsWashington State Courts Federal CourtsFederal Courts

HomeHome Federal Court LocatorFederal Court Locator Federal Courts FinderFederal Courts Finder

Washington State CourtsWashington State Courts

Supreme CourtSupreme Court Court of AppealsCourt of Appeals

3 divisions3 divisions Superior CourtsSuperior Courts

by countyby county Courts of Limited JurisdictionCourts of Limited Jurisdiction

The Federal Court SystemThe Federal Court System

U.S. Supreme CourtU.S. Supreme Court U.S. Circuit Courts of AppealsU.S. Circuit Courts of Appeals

Washington State is in the 9th CircuitWashington State is in the 9th Circuit U.S. District CourtsU.S. District Courts

Western and Eastern District of Western and Eastern District of Washington Washington

Bankruptcy handled by special district Bankruptcy handled by special district courtscourts

Specialized Federal CourtsSpecialized Federal Courts

U.S. Court of Federal ClaimsU.S. Court of Federal Claims handles handles claims against the federal governmentclaims against the federal government

Court of International TradeCourt of International Trade deals with deals with international trade and customs international trade and customs

U.S. Tax CourtU.S. Tax Court U.S. Court of Appeals for the Armed U.S. Court of Appeals for the Armed

ForcesForces U.S. Court of Appeals for Veterans U.S. Court of Appeals for Veterans

ClaimsClaims

How to Find Case LawHow to Find Case Law

Use Use Internet Legal Resources Internet Legal Resources to find to find free sitesfree sites

Use a commercial database, such as Use a commercial database, such as LexisNexis Academic (UW restricted)LexisNexis Academic (UW restricted)

Use an annotated codeUse an annotated code Use secondary sourcesUse secondary sources

How to Find Case LawHow to Find Case Law

Update, update, updateUpdate, update, update Reversed or overruled opinions are not Reversed or overruled opinions are not

deleted from reporters or databasesdeleted from reporters or databases Use Keycite or Shepard’sUse Keycite or Shepard’s

Do not rely on Google to find case Do not rely on Google to find case law (most of the time)law (most of the time)

Best Free Sites for Case FindingBest Free Sites for Case Finding

Washington State CourtsWashington State Courts LegalWa.orgLegalWa.org

U.S. Supreme CourtU.S. Supreme Court Official siteOfficial site Cornell Legal Information InstituteCornell Legal Information Institute GPO AccessGPO Access FindLawFindLaw

Other Places to Look for CasesOther Places to Look for Cases

U.S. Circuit Courts of Appeals and U.S. Circuit Courts of Appeals and States other than WashingtonStates other than Washington FederalFederal and and StateState court websites court websites FindLawFindLaw LexisOneLexisOne

U.S. District CourtsU.S. District Courts Free choices are limitedFree choices are limited

LexisNexis AcademicLexisNexis Academic

Federal: all published appellate and Federal: all published appellate and district court cases district court cases

State: all available appellate court State: all available appellate court casescases

Shepard’s CitationsShepard’s Citations Finding tools: secondary sources and Finding tools: secondary sources and

annotated codesannotated codes UW RestrictedUW Restricted

Court Briefs & Oral ArgumentsCourt Briefs & Oral Arguments

Briefs are written arguments Briefs are written arguments submitted to an appellate courtsubmitted to an appellate court

Larger law libraries may have paper Larger law libraries may have paper or microficheor microfiche

Patrons may need to obtain them Patrons may need to obtain them directly from the court clerkdirectly from the court clerk

Some briefs & oral arguments are Some briefs & oral arguments are onlineonline

Court Briefs & Oral ArgumentsCourt Briefs & Oral Arguments

Audio of U.S. Supreme Court oral Audio of U.S. Supreme Court oral arguments at arguments at OyezOyez

Audio of Washington State Supreme Audio of Washington State Supreme Court at Court at TVWTVW

Gallagher Law Library, Gallagher Law Library, Briefs & Oral ArgumentsBriefs & Oral Arguments

PACERPACER

Public Access to Court Electronic Public Access to Court Electronic RecordsRecords

Case and docket information from Case and docket information from Federal courtsFederal courts

Fee-basedFee-based PACER Service CenterPACER Service Center Small 2-year FDLP pilot 2008-2010 Small 2-year FDLP pilot 2008-2010

Judicial Branch BusinessJudicial Branch Business

Administrative Office of the U.S. CourAdministrative Office of the U.S. Courtsts

Federal Judicial CenterFederal Judicial Center Judicial Conference of the U.S. CourtsJudicial Conference of the U.S. Courts

US Sentencing CommissionUS Sentencing Commission

Develops guidelines for sentencing in Develops guidelines for sentencing in Federal courtsFederal courts

In 2005 US Supreme Court made In 2005 US Supreme Court made guidelines advisory, not mandatoryguidelines advisory, not mandatory

Hot topic: crack v. powder cocaineHot topic: crack v. powder cocaine USSC HomeUSSC Home

Administrative Agency DecisionsAdministrative Agency Decisions

Most administrative agencies have a Most administrative agencies have a quasi-judicial functionquasi-judicial function

Decide (adjudicate) individual cases Decide (adjudicate) individual cases arising from the application of their arising from the application of their rules and regulationsrules and regulations

Few agency decisions are distributed Few agency decisions are distributed through the Federal Depository through the Federal Depository Library ProgramLibrary Program

Administrative Agency DecisionsAdministrative Agency Decisions

Administrative Decisions & Other ActiAdministrative Decisions & Other Actions ons (UVA)(UVA)

Washington State Administrative DecWashington State Administrative Decisions isions (Gallagher)(Gallagher)

Use web and law library resourcesUse web and law library resources

Gallagher Law LibraryGallagher Law Library

We are located on L1 and L2 (lower level) We are located on L1 and L2 (lower level) of William H. Gates Hall. We are open to of William H. Gates Hall. We are open to the public!the public!

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