Primary Sources: Case Law and Statutes

Primary sources are the original documents of the law. They are the law itself. Think of them as the building blocks of any legal argument. There are two primary types we'll focus on today: case law and statutes. Case law is the body of law created by judges in written opinions. Statutes are laws that are enacted by a legislative body (e.g., Congress or a state legislature). Understanding and correctly interpreting these sources is crucial for a litigation paralegal.

Case law is created when judges issue opinions resolving legal disputes. These opinions become precedents, meaning they guide how similar cases are decided in the future. Key parts of a case include:

• Case Name: Identifies the parties involved (e.g., Smith v. Jones). The first name is usually the plaintiff (the person who brought the lawsuit), and the second name is usually the defendant (the person being sued).
• Citation: A unique code that tells you where to find the case (e.g., 555 U.S. 123).
• Facts: A summary of the events that led to the lawsuit.
• Issue: The legal question the court had to decide.
• Holding: The court's answer to the issue.
• Reasoning: The court's explanation of why it reached its decision.

Example: Imagine a case about a dog bite. The case name might be Johnson v. Brown. The facts would describe the bite, the issue would be whether Brown was negligent, and the holding would be the court's decision on liability, along with the reasoning.

There are several ways to locate case law online. Remember, using free resources may limit how much information you get, but can also save money! Some options include:

• Google Scholar: A free search engine that allows you to search for case law and legal articles. Search by case name, keywords, or citation.
• State and Federal Court Websites: Many courts make their opinions available for free on their websites. You can often browse by court and date.
• Your Local Law Library: Your law library is a great source of legal information, including legal databases. They might also provide tutorials.

Example: To find Smith v. Jones, you would use Google Scholar and type in the case name. You could also use a keyword search with “dog bite” and see what cases come up in your jurisdiction (the area of law or geographic location). Be sure to check what court the case was decided in to ensure it's binding on you, i.e., that it has precedential value in your jurisdiction!

Statutes are laws passed by legislative bodies. They address a wide range of topics, from criminal law to business regulations. A statute is a written law enacted by a legislature. Key components of a statute include:

• Statute Number and Section: Unique identifiers for easy reference (e.g., 18 U.S.C. § 1341).
• Title: A general description of the law's subject matter.
• Text: The actual legal rules stated in the statute, written in numbered sections and often broken down into subsections.

Example: If you want to know the Federal law on mail fraud, you would look at 18 U.S.C. § 1341. The title would indicate that it is a law about fraud, and the text would lay out what constitutes mail fraud.

Finding statutes online is often easier than finding case law because governments publish these laws on the internet. Here's how to locate statutes:

• Government Websites: The United States Code (U.S.C.) and state statutory codes are usually available online for free.
• Google: You can use Google, but you must be careful to distinguish a website run by a state, or federal government, versus a secondary source like a law journal.

Example: To find 18 U.S.C. § 1341, you could search on the U.S. government website. You could also use Google by searching “18 U.S.C. 1341”. Make sure the search results point to a governmental website.

Reading statutes takes practice. Here's a basic approach:

1. Read the Title: Understand the subject of the statute.
2. Locate the Relevant Section(s): Use keywords or cross-references to find the part that applies to your situation.
3. Read Carefully: Pay close attention to the wording. Statutes often use precise language.
4. Identify Key Terms: Look up any unfamiliar words or phrases. Legal dictionaries and online resources can help.

Example: Suppose you are researching a statute about a landlord's responsibility for maintaining a property. You'd read the title, and then the section addressing the landlord's duties, paying close attention to words like “habitability” and “reasonable care.”