Lesson #6: Court research

November 18th, 2008 by Jack

Points of emphasis for critical thinking:

  1. With many courts at the federal, state and local levels, there is no “one stop shopping” for court research.  In most cases, you’ll need to know the jurisdiction before you can find anything.
  2. In many jurisdictions, particularly at the local levels, case information isn’t online at all.  For those cases, you have no choice but to visit the courthouse or contact the court clerk to get info (unless you can get it from participating lawyers).
  3. Of the courts that do have case information online, there’s no uniformity.  Some post full case documents.  Others provide only basic docket information.  And many times, you’ll have to use a fee-based service to get the info.
  4. For federal cases, PACER is the best place to go.  Although fee-based, it’s relatively inexpensive.  It has both docket information and (most) case documents.  (Note: The Supreme Court has its own no-cost site separate from the PACER system.  Historical SCOTUS info can be found here, herehere and here.)   FindLaw is another good site to search Supreme and Circuit Court decisions.  The Federal Judiciary also publishes the very useful Journalist’s Guide to the Federal Courts and Understanding the Federal Courts.
  5. LexisNexis has case information for the most jurisdictions–federal, state and local–but it requires a more costly account, not available through our CUNY subscription.
  6. Beyond PACER and LexisNexis, you can and should check individual court sites, such as the New York State Unified Court System’s eCourts or Appellate Courts pages, to find out what is and isn’t available online there.  (Note: Cornell’s Legal Information Institute has archived New York Court of Appeals decisions.)
  7. For higher-profile cases, you can sometimes find court documents posted at sites such as FindLaw, Jurist, MoreLaw, CNN Crime News or The Smoking Gun.
  8. You’ll probably need to talk to them for your story anyway, so if all else fails, lawyers might provide case information.  My favorite sites to find lawyer contacts are LegalDockets and Martindale.com.

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