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Why is Case Law
Important? Printer Friendly Version, (pdf file)
In the American justice system, we rely
on the courts to test the laws established by the legislature, agencies, and decisions of
other courts. Our system works on a system of precedent; prior decisions of the same
court, or a higher court, which a judge must follow in deciding a subsequent case
presenting similar facts and the same legal problem, even though different parties are
involved and many years may have elapsed. The use of precedent establishes a consistency
throughout the court system.
How are the State and Federal
Courts Organized?
Massachusetts State Courts
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Supreme
Judicial Court Court of Last Resort |
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Appeals Court Intermediate Appellate Court |
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Trial Court of
the
Court of General Commonwealth
Jurisdiction |
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Superior
Court |
District
Court |
Boston
Municp. |
Juvenile
Court |
Housing
Court |
Land
Court |
Probate
Court |
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Federal
Courts
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Supreme Court of the
United States Court
of Last Resort |
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United States Court of
Appeals Intermediate
Appellate Court |
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United States District
Court Trial
Court/ Court of General Jurisdiction |
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Where Do I Start?
Having a direct citation to a case is
the easiest way to begin however; most times there is need for more then one case or
expansion on a legal topic is necessary. There are a few ways to gain access to cases even
if you do not have a direct citation or you have a legal topic to research. This is
accomplished by using a set of books called digests. These books contain the finding aids
to research case law by topic or plaintiff/defendant.
At the end of each digest is a standard
set of volumes. They are Words and Phrases, Descriptive Word Index, Table of Cases and the
Plaintiff-Defendant/Defendant-Plaintiff volumes. These volumes allow you to find cases
based on a subject/specific issue of law. Once you isolate the point of law you may then
proceed to the digest volume that lists the headnotes/summaries related to your issue. The
headnotes/summaries contain the citation to the full text of the case.
Which Digest Do I Use?
| To Find Cases: In an individual state Ū
In U.S. Supreme Court Ū
In all Federal CourtsŪ
1754-1939
1939-1961
1961-1975
1975-1987
1984- to date
All courts, state and federalŪ
1658-1896
1897-1906
1907-1916
1916-1926
1926-1936
1936-1946
1946-1956
1956-1966
1966-1976
1976-1981
1981-1986
1986-1991
1991- to date |
Use: Individual state digest (i.e.- Massachusetts
Digest)
Wests Supreme Court Digest
Wests Federal Digest
Modern Federal Practice Digest
Wests Federal Digest 2d
Wests Federal Digest 3d
Wests Federal Digest 4th
Century Digest
1st Decennial Digest
2nd Decennial Digest
3rd Decennial Digest
4th Decennial Digest
5th Decennial Digest
6th Decennial Digest
7th Decennial Digest
8th Decennial Digest
9th Decennial Digest, Part 1
9th Decennial Digest, Part 2
10th Decennial Digest, Part 1
General Digest (not cumulative) |
How Do I know
the Information is Current?
Each volume in addition to the bound
book has a pocket part or pamphlet supplement. These two parts are how we keep the volumes
up to date. It is very important that you always check these volumes to ensure you have
the most current cases available.
How Do I Retrieve the Cases at
the BPL?
The Boston Public Library Research
Departments work on a closed stack system. On a call slip available in Government
Documents, you must write your citation, your library card number and a seat from the
reading room table. Write one citation on a slip for easy retrieval by our staff. The
staff delivers the materials to your seat number in the reading room.

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