How to Research US Common Law

Researching common law involves delving into a body of legal principles that have been developed over time through judicial decisions. Unlike civil law systems that rely heavily on codified statutes, common law evolves through the outcomes of individual cases, creating a dynamic and precedent-based legal framework. To effectively research common law, you must be adept at navigating various legal resources and understanding the hierarchical structure of judicial decisions.

The first step in researching common law is understanding the hierarchy of courts within the jurisdiction you are studying. Higher courts, such as supreme courts and appellate courts, set binding precedents for lower courts. These precedents, known as case law, are critical in common law systems. Familiarise yourself with the court structure to identify which decisions are most authoritative. For example, in the United States, the US Supreme Court sets binding precedents for all other courts, while state supreme courts set precedents within their respective states.

Researching common law often begins with identifying key cases relevant to your legal issue. Legal databases like Westlaw, LexisNexis, and Bloomberg Law are invaluable tools for accessing a vast repository of case law. These databases allow you to search for cases by keywords, legal topics, or citation. When you find a pertinent case, review its headnotes and summaries to understand the key legal principles it addresses. Pay attention to the cases cited within the decision, as these can lead you to other relevant precedents.

Legal digests and encyclopaedias are essential resources for common law research. Digests, such as the West Key Number System, categorise case law into specific legal issues, making it easier to locate relevant cases. Legal encyclopaedias, such as Corpus Juris Secundum and American Jurisprudence, provide comprehensive overviews of legal topics and cite key cases and statutes. These resources can provide a solid foundation for understanding the legal landscape of your issue.

Although common law is primarily based on judicial decisions, statutes and regulations also play a crucial role. Often, statutes provide the framework within which courts interpret and apply the law. Therefore, it is essential to identify and analyse relevant statutes and understand how they have been interpreted by the courts. Annotated codes, which include case summaries and references to related statutes, are particularly helpful in linking statutory law with case law.

Once you have identified relevant cases, the next step is to read and interpret them. Start with the court’s opinion, paying close attention to the legal reasoning and principles applied. Note the holding, which is the court's decision on the legal issue, and the dicta, which are comments that are not essential to the decision but can provide insight into the court’s thinking. Understanding the reasoning behind a decision is crucial for applying the case to your legal issue and predicting how future courts might rule.

Legal research is an ongoing process, and it is essential to ensure that the cases you rely on are still good law. Shepardising, available through LexisNexis, and similar citators like KeyCite on Westlaw, allow you to track the history of a case and see how it has been treated by subsequent courts. These tools indicate whether a case has been overturned, reaffirmed, or cited with approval, ensuring that your research is current and accurate.

Secondary sources, such as law review articles, treatises, and legal commentaries, are invaluable for gaining deeper insights into common law issues. These sources analyse and critique judicial decisions, provide context, and often suggest how courts may address unresolved legal questions. They can also lead you to key cases and statutes that you might have overlooked.

In the digital age, online resources and technology significantly enhance common law research. Websites like the Legal Information Institute and government judicial websites offer free access to a wealth of legal information, including court opinions and statutes. Additionally, legal research software with AI capabilities, such as ROSS Intelligence, can streamline the research process by quickly identifying relevant cases and legal principles.

Researching common law requires a methodical approach and familiarity with a variety of legal resources. By following the steps outlined above, you should be able to conduct thorough and effective common law research for year legal education and practice. This process not only helps in understanding the current legal landscape but also in predicting how future legal issues may be resolved.