Once you find a case, you will need to keep researching to make sure the law, in that case, is still good law. Case law is continually evolving and only applies in narrow circumstances. Here are some things to look at when you find a case.
It’s Still Current
- A higher court may have overturned that law.
- Or, the same level of court may have reversed itself with a different law that is in effect today.
It Fits Your Case
- Courts narrowly create case law to apply to a particular set of facts.
- If facts are sufficiently different in your case, then the case you found may not apply to your situation.
A Better Case
- Cases from a higher court are more persuasive.
- Newer cases may also be more persuasive.
- And cases where the facts surrounding the legal issues are more similar to your own, are more persuasive.
Look at other cases that have cited to the case that you found.
- Are those newer cases adding to the case law, reaffirming the case law, or minimizing the effect of the case law?
- Or, has a higher court weighed in with a different answer altogether?
Next Steps
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