How to Use Case Law in a Civil Suit to Support Your Case

Gathering Your Case Law

• 1). Write a brief outline of the facts of your case. Although every case has slightly different facts, most case outlines will include information such as the identities of the parties, whether the parties knew each other before the incident, what happened leading up to the incident, the incident itself, and what each party did afterwards. You'll be looking for cases with similar facts to yours, so make each point as clear as possible and try to clarify any points you are unsure about.
  
  
• 2). Find your research resources. Many communities have law libraries available to the public. Contact your local courthouse or public library to see if your community has one. Most law libraries also have law librarians who can help you narrow your search for cases. Print sources available include state reporters and the U.S. court reporters, which contain federal and Supreme Court cases.
  
  You may also consider using the Internet for research. A wide variety of cases are available online, including most U.S. Supreme Court cases and cases from many state Supreme Courts. Websites that offer case law databases include FindLaw and Cornell University's Legal Information Institute (see links in the Resource section). Fee-based databases, such as Westlaw and LexisNexis, are also available. Your library may have access to one of these databases.
  
  
• 3). Identify your jurisdiction and court. Case law generally falls into two categories: "binding precedent" and "non-binding precedent." Binding precedent includes cases heard in superior courts within the same jurisdiction as the court hearing your case. It's preferred to non-binding precedent because judges are expected to follow cases already decided in their own jurisdiction.
  
  Non-binding precedent includes cases that have similar facts to yours, but were decided in a jurisdiction that does not include your court. Non-binding precedent can be useful in persuading the judge that deciding in your favor is reasonable, but a judge is not expected or required to follow a non-binding precedent.
  
  U.S. Supreme Court decisions are binding precedents on all U.S. courts. However, since the Supreme Court only hears a limited number of cases, it may be difficult to find a Supreme Court case in which the facts closely resemble the facts in your case.
  
  
• 4). Perform a keyword search. Keyword searches can be performed online by using a search engine or the search function on legal research websites. Try searching sites such as FindLaw. Keyword searches can also be performed on paper by using a legal "digest," which is a keyword-based directory of where to find various cases. West's Digests are often available in law libraries.
  
  Keywords should be applicable to your case. For instance, if your case is a breach of contract dispute, some applicable keywords might be "contract," "breach of contract" or "agreement." If your case involves negligence, use "negligence" as a keyword.
  
  
• 5). Read the facts of each case carefully to see how similar they are to the facts of your case. The best cases to choose are ones in which the judge ruled for the party in your position, or against the party in your opponent's position. Even if the facts of a case don't exactly match your case, the opinion may mention similar cases that could be more helpful.
  
  

Applying Your Case Law

• 1). Explain how the facts of your case are like the facts in the case law precedent. For instance, say you found a case in which the plaintiff was driving through an intersection when the defendant ran a red light and hit the plaintiff's car, and the judge found in the plaintiff's favor. If you are the plaintiff in a similar case, compare the two and point out their similarities.
  
  
• 2). Distinguish cases that do not support your position. For example, in the red light case described in Step 1, say you find a case in which the judge found for the defendant, because even though the defendant ran a red light, the sun was in his eyes so he couldn't see the light. In this case, you would "distinguish" the case law, or explain why it is so different it should not apply to your case. You could distinguish the case law in this example by saying "in that case, the defendant couldn't see the light because of the sun. In my case, however, it was a cloudy day and the defendant could clearly see the light."
  
  
• 3). Provide copies of each case that support your position to the judge. Feel free to highlight the information in the case that supports your position. However, do not make notes in the margins or otherwise write on the pages. Instead, mention the information in court during the civil suit.