Case Law Research: Finding Reading and Verifying Judicial Decisions
37 questions
37 questions on case law research, answered and cited by the UpLaw editorial team.
- Are district court opinions ever binding precedent?
- Are unpublished opinions binding, and may I cite them?
- Can a court overrule its own prior decisions?
- Can a lower court refuse to follow a Supreme Court precedent it thinks is wrong?
- Can a non-lawyer do legal research?
- Can I rely on headnotes instead of reading the opinion?
- Can one panel of a court of appeals overrule another panel?
- Does a federal court's interpretation of state law bind the state's own courts?
- How are state court decisions published?
- How does the federal court hierarchy determine which decisions are binding?
- How do state court hierarchies work for precedent?
- How do you find cases interpreting a statute?
- How do you find cases on a topic when you don't have a citation?
- How do you identify the holding of a case?
- How do you read a case citation?
- How do you use a citator correctly?
- Is a statutory precedent harder to overturn than a constitutional one?
- What are the main federal case reporters?
- What are the main standards of appellate review?
- What are the parts of a judicial opinion?
- What citation manual should I follow?
- What do paid research platforms add over free tools?
- What free tools can I use for case law research?
- What happens if you cite a case that is no longer good law?
- What is a citator, and what does it mean to “Shepardize” a case?
- What is a docket, and where do you find court filings?
- What is a neutral or vendor-neutral citation?
- What is a quick checklist for evaluating any case you find?
- What is a standard of review, and why does it matter to a researcher?
- What is case law?
- What is stare decisis?
- What is the difference between a holding and dicta?
- What is the difference between a majority, plurality, concurrence, and dissent?
- What is the difference between a trial court and an appellate court?
- What is the difference between binding and persuasive authority?
- What should a case brief contain?
- Why should legal research often start with a secondary source?