Mary Fetzer Government Resources Librarian July 2004 fetzer@rci.rutgers.edu

Research Resources: Subject Research Guides: Government Information Resources: Federal Government or New Jersey State and Local Governments
Locating Case Law Federal & New Jersey (Alexander Library)

• Locating Case Law - New Jersey
• Locating Case Law - Federal

Locating Case Law - New Jersey

Using LexisNexis Academic and Other Online Sources

1. Go to the RU Libraries' home page at www.libraries.rutgers.edu and select "Research Resources/ Indexes & Databases" from the menu. (NOTE: If you are connecting from off-campus, you must configure your browser in order to be able to authenticate yourself as a Rutgers student. See the RUL home page/ Connect from off-campus instructions.)

2. From the title list that appears under "Indexes & Databases," choose "LexisNexis Academic" and hit "Connect" from the next screen.

3. Once in LexisNexis, select "Legal Research" from the left bar.

4. If you know a case name, click on "Get a Case," and enter the name of the parties. You do NOT need to know a jurisdiction to successfully use this route, although common names may pose difficulties.

5. If you do not know a jurisdiction, but suspect you need a NJ state case, select "State Case Law" from the L-N menu. You may use either the basic or guided search; the latter provides more search options.

6. Searching strategies are available under the "How Do I?" button, and you can see specific courts and the dates of coverage for them under the "Tips" section on each search screen. Be sure to choose a date range that is broad enough to capture the case you need, and to choose the appropriate court if known!

If you are unable to access LexisNexis Academic, an alternative may be the full-text archive of the Opinions of the New Jersey Courts, including the Supreme Court (from March 1994+) and the Appellate Division (from September 1995+) that is freely available at www.lawlibrary.rutgers.edu/search.shtml.

Using Print Sources

1. If you already know the case name,
   1. Search the "Table of Cases" volume of West's New Jersey Digest in stack 78 and obtain your citation. The red set plus supplements cover all NJ cases 1954 to date; the brown set covers cases prior to 1954. Be sure to check the pocket supplement of the red set if searching for recent cases.
   2. Locate the case cited in stacks 78-79. Most references are to NJ (New Jersey Reports) in the beige volumes or to NJ Super (New Jersey Superior Court Reports) in the green series. In sample citation 68 NJ 119, 68=the volume number; 119=the beginning page of the case.

2. If you know only a topic but wish to locate cases on it,
   1. Search the "Descriptive Word Index" and look up your topic, following any cross references noted. Copy down the broad subject categories and key numbers cited, e.g. Const.Law #4.3.
   2. Next, search the spines of the Digest set for the desired broad subject category; once within the volume, find that broad category and then the specific key number within it. Review the headnotes under that key number until you come upon a desired case in point. Note the case citation and then search for the full case (see I.B. above).

3. If you know of a relevant law in New Jersey, searching the "Notes of Decisions" that follow the law will often point you to appropriate case material.
   1. Proceed to New Jersey Statutes Annotated (NJSA) in stack 78. Consult the index volumes by topic or by popular name. Obtain the NJSA citation, e.g. 39§144. 39=title;144=section number.
   2. Look for that citation on the spines of the NJSA volumes and then go to Title 39, section 144 (these are the numbers that appear across the tops of the pages). You may wish to read the law itself, but see also the "Notes of Decisions" that follow the text. Herein are case citations that relate to that part of the law.
   3. Copy down appropriate citations and then find your case (see I.B. above)

Locating Case Law - Federal

Using LexisNexis Academic and Other Online Sources

1. Go to the RU Libraries' home page at www.libraries.rutgers.edu and select "Indexes & Databases" from the menu. (NOTE: If you are connecting from off-campus, you must configure your browser in order to be able to authenticate yourself as a Rutgers student. See the RUL home page/ Connect from off-campus instructions.)

2. From the title list that appears under "Indexes & Databases," choose "LexisNexis Academic" and hit "Connect" from the next screen.

3. Once in LexisNexis, select "Legal Research" from the left bar.

4. If you know a case name, click on "Get a Case," and enter the name of the parties. You do NOT need to know a jurisdiction to successfully use this route, although common names may pose difficulties.

5. If you do not know a case name but suspect you need a case at the federal level, select "Federal Case Law" from the LexisNexis menu. You may use either the basic or guided search; the latter provides more search options.

6. Searching strategies are available under the "How Do I?" button, and you can see specific courts and the dates of coverage for them under the "Tips" section on the search screen. Be sure to choose a coverage range that is broad enough to capture the case you need, as well as the appropriate court.

If you do not have access to LexisNexis Academic, you may find www.findlaw.com helpful.

Shepardizing

At this point, the only cases which you will be able to "shepardize" are U.S. Supreme Court Cases through LexisNexis. To do this, click on "Case Law" and then on "Shepard's for U.S. Supreme Court."

Using Print Sources

1. If you know a case name, use the "Table of Cases" volumes of West's Federal Practice Digest (FPD), copy down your case citation, and locate your case. Most commonly needed citations will be United States Reports (US) or the Lawyers' Edition (LEd), Federal Reporter (FR), or Federal Supplement (FSupp) all of which will be found in stacks 27-31. In 410 US 1, for instance, 410 represents the volume number, and 1 is the beginning page number of that case.

2. If you know only a topic and need a federal case citation,
   1. Go to the FPD and its "Descriptive Word Index." Search desired headings and obtain the boldfaced broad categories and key numbers that apply.
   2. Search the spines of the FPD series cited for the broad categories that were in boldface; within the category you have chosen, locate the key number.
   3. Scan the headnotes which follow for relevant case citations; locate the cases in stacks 27-30.

3. If you know of a relevant federal law, searching the "Notes of Decisions" that follow the law will often point you to appropriate case material.
   1. Proceed to the United States Code Annotated (USCA) in stack 25. Consult the index volumes by topic or by popular name. Obtain the USCA citation, e.g. 42§ 66. 42=title;66=section number.
   2. Look for that citation on the spines of the USCA volumes and then go to Title 42, section 66 (these are the numbers that appear across the tops of the pages). You may wish to read the law itself, but see also the "Notes of Decisions" that follow the text. Here are case citations relating to that law.
   3. Copy down appropriate citations and then find your case (see I. above).