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Federal Appendix
The ''Federal Appendix'' was a case law reporter published by West Publishing from 2001 to 2021. It published judicial opinions of the United States courts of appeals that were not expressly selected or designated for publication. Such " unpublished" cases are ostensibly without value as precedent. However, the Supreme Court made a change to the Federal Rules of Appellate Procedure in 2006. Now, Rule 32.1 says that federal circuit courts are not allowed to prohibit the citation of unpublished opinions issued on or after January 1, 2007. Opinions of all the United States courts of appeals are included in the ''Federal Appendix''. "Published" opinions of the U.S. courts of appeals are published in the ''Federal Reporter''. The ''Federal Appendix'' organizes court opinions within each volume by the date of the decision, and includes the full text of the court's opinion. West attorney editors add headnotes that summarize key principles of law in the cases, and Key Numbers that cl ...
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Federal Appendix
The ''Federal Appendix'' was a case law reporter published by West Publishing from 2001 to 2021. It published judicial opinions of the United States courts of appeals that were not expressly selected or designated for publication. Such " unpublished" cases are ostensibly without value as precedent. However, the Supreme Court made a change to the Federal Rules of Appellate Procedure in 2006. Now, Rule 32.1 says that federal circuit courts are not allowed to prohibit the citation of unpublished opinions issued on or after January 1, 2007. Opinions of all the United States courts of appeals are included in the ''Federal Appendix''. "Published" opinions of the U.S. courts of appeals are published in the ''Federal Reporter''. The ''Federal Appendix'' organizes court opinions within each volume by the date of the decision, and includes the full text of the court's opinion. West attorney editors add headnotes that summarize key principles of law in the cases, and Key Numbers that cl ...
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Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Aust ...
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West Publishing
West (also known by its original name, West Publishing) is a business owned by Thomson Reuters that publishes legal, business, and regulatory information in print, and on electronic services such as Westlaw. Since the late 19th century, West has been one of the most prominent publishers of legal materials in the United States. Its headquarters is in Eagan, Minnesota; it also had an office in Rochester, New York, until it closed in 2019, and it had an office in Cleveland, Ohio, until it closed in 2010. Organizationally, West is part of the global legal division of Thomson Reuters. History West Publishing was founded by John Briggs West. In 1872, he went into business for himself as "John B. West, Publisher and Book Seller", reprinting legal treatises, publishing legal forms, and producing a much-appreciated index to the Minnesota statutes. He even arranged for a Swedish-language version of the state's rules of practice, for the state's many Scandinavian-born lawyers and judges ...
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Judicial Opinion
A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision. Drafting process An opinion may be released in several stages of completeness. First, a bench opinion may be handed down, with the judge or panel of judges indicating their decision and a rough explanation of the reasoning underlying it. A slip opinion may also be issued the day the decision is handed down, and is usually not typeset or fully formatted. It is not the final or most authoritative version, being subject to further revision before being replaced with a final published edition. The Supreme Court of the United States issues slip opinions with the following disclaimer: Types of judicial opinions A unanimous opinion is one in which all of the justices agree and offer one ...
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United States Courts Of Appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders, the District of Columbia Circuit, which covers only Washington, D.C., and the Federal Circuit, which hears appeals from federal courts across the United States in cases involving certain specialized areas of law. The courts of appeals also hear appeals from some administrative agency decisions and rulemaking, with by far the largest share of these cases heard by the D.C. Circuit. Appeals from decisions of the courts of appeals can be taken to the U.S. Supreme Court. The United States courts of appeals are considered the most powerful and influential courts in the United States after the Supreme Court. Because of their ability to set legal precedent in regions that cover millions of Ame ...
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Non-publication
Non-publication of legal opinions is the practice of a court issuing unpublished opinions. An unpublished opinion is a decision of a court that is not available for citation as precedent because the court deems the case to have insufficient precedential value. In the system of common law, each judicial decision becomes part of the body of law used in future decisions. However, some courts reserve certain decisions, leaving them "unpublished", and thus not available for citation in future cases. It has been argued that non-publication helps stem the problem of too much written material creating too little new law. Specifically, the number of federal appeals filed annually grew from 23,200 to 33,360 between 1980 and 1985, and 55,000 federal appeals were filed in 2000. Conversely, studies have shown how non-publication can distort the law. Selective publication is the legal process by which a judge or justices of a court decide whether or not a decision is to be published in a repor ...
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Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions ...
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Federal Rules Of Appellate Procedure
The Federal Rules of Appellate Procedure (officially abbreviated Fed. R. App. P.; colloquially FRAP) are a set of rules, promulgated by the Supreme Court of the United States on recommendation of an advisory committee, to govern procedures in cases in the United States Courts of Appeals. The Federal Rules of Appellate Procedure were originally adopted in 1967 and have been amended regularly since then. Prior to 1967, some aspects of appellate procedure were covered in the Federal Rules of Civil Procedure. In addition to these rules, procedure in the Courts of Appeals is governed by applicable statutes (particularly Title 28 of the United States Code) and by local rules adopted by each individual court. Many of these local rules incorporate Federal Rules of Appellate Procedure by reference. External links Federal Rules of Appellate ProcedureMobile-friendly edition of the rules Federal Rules of Appellate Procedurefrom the Legal Information Institute The Legal Information Insti ...
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Federal Reporter
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, '' Federal Cases''. The fourth and current ''Federal Reporter'' series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the ''Federal Reporter'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the ''Federal Reporter'' for included decisions. Approximately 30 new volumes are published each year. Distinctions The ''Federal Reporter'' has always published ...
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West American Digest System
The West American Digest System is a system of identifying points of law from reported cases and organizing them by topic and key number. The system was developed by West Publishing to organize the entire body of American law. This extensive taxonomy makes the process of doing case law legal research less time consuming as it directs the researcher to cases that are similar to the legal issue under consideration. History The problem of finding cases on a particular topic was a large problem for the rapidly growing American legal system of the 19th century. John B. West, the founder of West Publishing, described this problem in his article A multiplicity of reports'. To solve the problem, he developed a system with two major parts. First, his company began to regularly publish cases from many American jurisdictions in bound volumes called reporters (the West National Reporter System now covers all state and federal appellate courts, as well as certain trial courts). Second, he pu ...
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Westlaw
Westlaw is an online legal research service and proprietary database for lawyers and legal professionals available in over 60 countries. Information resources on Westlaw include more than 40,000 databases of case law, state and federal statutes, administrative codes, newspaper and magazine articles, public records, law journals, law reviews, treatises, legal forms and other information resources. Most legal documents on Westlaw are indexed to the West Key Number System, which is West's master classification system of U.S. law. Westlaw supports natural language and Boolean searches. Other significant Westlaw features include KeyCite, a citation checking service, which customers use to determine whether cases or statutes are still good law, and a customizable tabbed interface that lets customers bring their most-used resources to the top. Other tabs organize Westlaw content around the specific work needs of litigators, in-house corporate practitioners, and lawyers who special ...
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