In part one of this installment of DIY Copyright Research we will discuss some basics on how to read a case once you've found a promising one. The photo above is from this case. You may want to open it or download it if you want to take a closer look.
Why Do I Need to Know How to Read a Case?
As an attorney, when I am reading a case, there are certain things that I do without even thinking about them. There is certain information that I scan for and certain sections that I skip over entirely depending on the the goals of my research project. Knowing the physical parts of a case and where I can usually find certain information helps me streamline my efforts and makes researching much more efficient. So, while we can all just read through a case from start to finish, doing so may be a total waste of time if, ultimately, the case is not that helpful. Being able to quickly identify pertinent information in a case is a great way to save yourself some time and effort while researching.
The First Page
The first page of most cases typically gives a lot of useful information. The format may be different for each case and all of the information we will discuss here may not be present in all instances but this overview should help you identify key information when you encounter it. Let's take a look at the numbered parts of the photo above.
Publication Status - This case (the Brammer case) is "Published." That means that it will be included in a Federal Reporter (or a state reporter if it is a state case) and is binding law in the applicable region. Non-published cases usually have little to no precedential value which means that they generally cannot be relied upon and do not have to be followed. Most, if not all, of the U.S. and state supreme court opinions are published but only a small fraction of appellate cases are published. District level cases are also mostly non-published. The publication status is usually stated on the first page of the opinion. If it does not explicitly say "published" or "not for publication" it may just have a Reporter number which looks something like this" 508 F.3d 1146" which indicates it is a published opinion. Sometimes, if a case is pulled directly off the court's website, it may just have a case or docket number (such as No. 97-1635). In that situation you should first search for a published version - one that has a reporter number. If you cannot find a version that has a reporter number, it likely is not a published opinion and should not be relied upon if at all possible. If you are considering court action, each jurisdiction has its own rules about whether or not you may use unpublished opinions in your court submissions so be sure to check out your local court rules on the issue.
Court - The photo above states that the Brammer case is in the "United States Court of Appeals for the Fourth Circuit." This means that the case stems from an appeal of a lower court ruling in this circuit. The fourth circuit hears appeals from federal district courts in Maryland, North Carolina, South Carolina, Virginia and West Virginia. It is very important to pay attention to the court as this determines whether a case is binding or persuasive authority.
Docket / Case Number - The third item shown in the photo is the docket or case number. Since this is an appeal, the number shown is likely the appellate case number. There is also a case number assigned by the original district court which is not shown here. This number is helpful if you are doing a search for a case on the federal court's website.
Parties - Number four identifies the parties of the case. The Plaintiff is the one who initially filed the lawsuit and the Defendant is person or entity accused of violating the law. Because this is an appeal, this page also identifies which party is making the appeal (the "appellant") and the party against whom an appeal is filed (the "appellee.")
Amici - The fifth item in the photo identifies multiple "amici" - entities or individuals who are not parties to the case but feel as if they have special insight or expertise that is consequential or important to the case. These amicus curiae (Latin for "friend of the court") briefs will not appear in every case.
District Court - Section six details the court from which the appeal is taken, the judge and the lower court's case number.
Argument and Decision Dates - Number seven lets us know when the issue was orally argued and when the judges made their decision.
Judges - Finally, part eight tells us which three judges heard the appeal. It is typical for appeals to be heard by three-judge panels
This photo shows the first page of a different case. As you can see, most of the information found on the Brammer first page is also present here. The only thing missing is number five, the amici, which makes sense since not every case will have amici.
These two cases are both appeals though. What does the first page of a district court case tell us?
These district court pages give us a little less information than the Court of Appeals and they both look different from one another but the important stuff is all there. The main difference between the appellate cases and the district court cases is the type of document you will encounter. District courts are trial level courts - where the vast majority of the litigation takes place in a case. So, a district court will normally hear a wide variety of motions. Appellate courts, with few exceptions, usually only take on issues that are related to final judgments or decisions that dispose of a case, a claim or a party.
The Takeaway for Crafters
Although each case will look a little different, there is a lot of information that you can learn just from looking at the first page of a case. These key details can help make your DIY research more efficient and productive.
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