Ohio Legal Research Guideby Sue Altmeyer, Electronic Services Librarian July 3, 2007 |
I. Primary SourcesA. Ohio Constitution..............2B. Legislation......................... 3
C. Legislative History..............6
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E. Courts.................................16
II. Secondary Sources........20
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What it does: "[D]efines what rights are guaranteed to the Citizens of Ohio and organizes the government into three separate branches"
The Ohio Constitution, online brochure by the Ohio Supreme Court. May afford more rights than the U.S. Constitution.
Current copies:
History: Ohio's first constitution was adopted in 1802. The Constitution of 1851, as amended, is the current governing document.
| Further reading:
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While these Revised Codes may be certified by the Ohio Secretary of State, they are not the official statutes of Ohio. The Session laws are the official statutes
The Session Laws contain only bills that have passed. For CURRENTLY PENDING BILLS:
For bills, both passed and failed, from PRIOR GENERAL ASSEMBLIES :
Further Reading:
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"Current" Ohio Revised Codes in print are only as current as the latest volume or pocket part. Electronic versions are only as current as the last time the database was updated, although Lexis and Westlaw appear to update their online ORCs quickly.
Updating for newly passed legislation:
Finding court cases holding a statute unconstitutional:
(Including prior versions of Ohio Revised Code Sections , General Code and Revised Statute sections )
STEP ONE: Look at the Revised Code section of interest in the current Baldwin's Ohio Revised Code, KFO 30 1953 .A4 [Reserve, Reference, and Ohio Room], available on Westlaw, or Page's Ohio Revised Code, KFO 30 1953 .P3 [Reserve, Reference, Ohio Room], available on LexisNexis and LexisNexis Academic Universe (via Ohiolink). For example, say you are interested in Ohio Revised Code 5145.15.
STEP TWO: In Pages', underneath the text of the statute, you will see a section marked "History". The history section will look like this:
| HISTORY: |
The above is the history section from the 2007 Page's Ohio Revised Code for Ohio Revised Code Section 5145.15. In Baldwin's, this section is also immediately after the text of the statute, and is known as the "Credits" section. The history or credits section provides citations to prior versions of the Ohio Revised Code section in question. The citations are to sections from previous Ohio Codes , or the Laws of Ohio volumes. In the above History, "RS" refers to an Revised Statutes section, S&S refers to a section of the code published by Swan and Saylor, and GC refers to the General Code. All of these are historical codes which existed before the Ohio Revised Code. "Bureau of Code Revision 10-1-53, refers to House Bill 1 of 1953. House Bill 1 revised and renumbered the previous Ohio General Code to created the Ohio Revised Code.
The rest of the citations in the above example refer to Laws of Ohio volumes. The first number refers to the Laws of Ohio volume. After the "v" you will find the bill number (for example, H 494) or the page number (If there is no H or S before the number, it is a page number). Sometimes a citation listing the year of the General Assembly is given, instead of the volume number. For example, "1971 h 602". For a more detailed explanation of what these citations mean, see Ohio's Legislative History, Ohio Legislative Service Commission's Members Only Brief, at page 4-5.
STEP THREE: Now you must locate the documents cited in the "history" or "credits" section. There are several ways of doing this:
Method 1. Pull from old copies of the Code/Statutes > Pull the Ohio Revised Code for one of the years that statute was effective. For example, if you wanted Ohio Revised Code section 5145.15 as it was in 1970, you could look at an Ohio Revised Code edition from between 1955 and 1971 or 1972.
Lexis has the Ohio Revised Codes for the previous 10 years and Westlaw has the Ohio Revised Codes going back to 1994. The library has some older versions of the Ohio Revised Code in the Ohio Room. Also in the Ohio Room are copies of the General Code, Revised Statutes and Swann and Saylor. The library may not have a copy of the Code for the year(s) you are interested in. In that case, you must use method 2, pull from session laws.
Method 2. Pull from session laws> The official source for session laws is the Laws of Ohio . KFO 25 .A23 [Ohio Room] Library has vol. 1- (1803 -). There are several unofficial sources, including:
STEP FOUR: Comparing new code sections to old:
SInce 1927, session laws indicate what changes were made from the old version to the new.
1927-1969: Deletions indicated by asterisks and insertions by italics.
1969-2001: Deleted language reprinted with lines striking through it, and new language indicated in upper-case letters.
2001-present: Deleted language reprinted with lines striking through it, new language is underlined.
Say you are come across an old case that references an old General Code or Revised Statutes section. How do you find the corresponding section in the current Ohio Revised Code?
Sometimes the meaning of a statute is unclear. The court must decide the "legislative intent" of the statute, ie. what the legislature intended the statute to mean. Legislative history documents may shed light on what the General Assembly intended when they passed legislation. Legislative history documents are materials issued when the bill is going through the legislative process. Courts may or may not rely upon the legislative history documents. In Ohio, legislative history documents are not "of record", unlike federal legislative history. The weight given by courts to various types of legislative history documents is discussed below.
Types of legislative history documents:
Other materials which may help determine legislative intent:
| Page's or Baldwin's Ohio Revised Code | News Articles | Treatises |
| Law Review Articles |
If enough information is compiled in the first steps, you do not need to proceed to subsequent steps:
1. Look at the Revised Code Section in Page's or Baldwin's . Note the "History" or "Credits" section underneath the text of the code section, in order to find prior versions of the code section. See How Do I ?: Find Prior Versions of a Statute . Additionally, the Revised Code may have reprints of committee comments, uncodified session law language or other language indicating intent underneath each code section.
2. Pull the session laws as indicated in the "History" or "Credits" to see what changes the legislature has made to the statutes. See How Do I ?: Find Prior Versions of a Statute. Additionally, see if the session laws contain uncodified language concerning intent.
3. Find as many legislative history documents as you can in your local law library and on the web: different versions of bills, LSC Analysis, House and Senate Journals, etc. If the legislation is 1989 or later, Ohio Capitol Connection is the best way to start. For bills 2005 and later, many documents are on Lexis (OHLH - Ohio Legislative Bill History). Westlaw (Ohio Legislative History, OH-LH) has various legislative history documents, coverage generally beginning in the early 2000s.
4. Look at news articles from Gongwer or Ohio Capitol Connection . These publishers issue articles concerning legislative actions and developments.
5. Look at treatises and law reviews , especially from around the time the legislation was passed. You may find an article or treatise section saying why the legislation was passed.
6. Contact the Ohio Historical Society for General Assembly Committee Files (614-297-2546). The Bill Files may contain transcripts of hearings, prepared statements by witnesses, reports, voting records and copies of bills. Ohio Historical Society librarians will search for you, for a fee.
7. For information about the current and immediately preceding General Assembly, call the Ohio Legislative Hotline , (1-800-282-0253)
8. Try the Legislative Service Commission Library , (614-466-2241) for notes of hearings.
9. Contact the sponsor of the bills or the committee chairman
Further reading: A Guide to Legislative History in Ohio , Ohio Legislative Service Commission's Members Only Brief, July 24, 1998. Ohio Legal Research Guide by Putnam and Schaefgen, Chapter 5, KFO75.P88 1997 Ohio Legislative History , The Supreme Court of Ohio Law Library Information Series Guide to State Legislative and Administrative Materials by William H. Manz, William S. Hein & Co., Inc., KF1 .G8 2002 |
Session laws indicate what changes were made to prior statutes. The session law may contain language indicating legislative intent, such as the intent to refute the holding of a court case. These statements are usually in "uncodified" sections of the bill . For an explanation of uncodified bill sections, see Tools for Understanding a Bill , Chapter Six of A Guidebook for Ohio Legislators , Ohio Legislative Service Commission, 2007. Also see A Guide to Legislative History in Ohio , Ohio Legislative Service Commission's Members Only Brief, July 24, 1998, at page 7.
The official source for session laws is: Laws of Ohio . KFO 25 .A23 [Ohio Room] vol. 1- (1803 -). Uncodified laws and laws vetoed by the governor are included. For more sources for session laws go to Ohio Legal Research Guide>Legislation>Session Laws.
Prior versions of the bill and amendments made to the bill during the legislative process may shed light on legislative intent. For bill sources, go to: Ohio Legal Research Guide>Legislation>Bills
The Ohio Channel contains video recordings of floor debates going back to 1997 . Hearings and debates are not officially recorded.
May not be easy to come by, but here are some possibilities:
(1) Ohio Capitol Connection (1989 forward) includes reporters' notes of Committee activity. Click on "Bill History".
(2) Some testimony is filmed for inclusion with the LSC bill analyses, KFO 20 .A53 [Microforms Room, Drawer ZZ70] 1962-current.
(3) Notes of hearings taken by Legislative Service Commission staff may include some testimony. These notes are available at the Legislative Service Commission Library , (614-466-2241).
(4) Committee notebooks are available at the House and Senate clerk's office for the past 2 sessions. Older committee notebooks are at the Ohio Historical Society .
(5) The Ohio Historical Society has General Assembly Committee Files, which may contain committee reports
(6) Contact the committee chairperson
KFO18 .O44 (selected years available)
A Bulletin volume is issued for each General Assembly Session. It contains bill history information, similar to the Status Report of Legislation found on each bill's page on the Ohio General Assembly's Search for Legislative Information. Bulletins include tables of affected Ohio Revised Code sections and a subject index to legislation.
Bill history information can also be found on Ohio Capitol Connection , starting with bills introduced in 1989. Gongwer has bill history information from 2003 forward. The bill history information can be used to identify dates of legislative action, in order to find articles from those dates in Gongwer or Ohio Capital Connection.
KFO15 .L42 107th(1967)-120th(1994) (Incomplete holdings) and 1996-current Also on the LSC Web site from 1997-2005
Synopsis of passed legislation, prepared by the Legislative Service Commission and based on the Legislative Service Commission's Final Analysis. The Supreme Court of Ohio has cited several digest entries as evidence of legislative intent, for example: Meeks v. Papadopulus (1980), 62 Ohio St.2d 187; State ex rel. Cincinnati Bell, Inc. v. Industrial Com. (1978), 55 Ohio St. 2d 89,92
When a bill is assigned to a committee, the Legislative Service Commission (LSC) prepares an analysis of the bill "as introduced". The LSC updates the analysis, and issues analysis "as reported by ______ committee" and a "final analysis". For earlier years, Ohio Capitol Connection only contains final analysis, not all the versions of the LSC Analysis. The microfilm generally has all available versions of the bill analysis. The LSC Analysis provides a summary of the bill, and how that bill would change current law. The analysis may identify problems with the bill, such as constitutionality or internal inconsistencies. It may or may not shed light on legislative intent.
"As to the value of Legislative Service Commission analyses, we have observed: '* * * Although this court is not bound by such analyses, we may refer to them when we find them helpful and objective.'" State, Industrial Com. v. American Dynamic Agency, Inc., 70 Ohio St. 2d 41, 44 (Ohio 1982), quoting Meeks v. Papadopulus (1980), 62 Ohio St.2d 187, 191.
Fiscal notes state the monetary impact of the legislation on state and local government. Found in: Ohio Capitol Connection , 1989-current; Lexis OHLH - Ohio Legislative Bill History: bills 2005 and later or at the LSC's web site, since 1997. May be contained in Analyses [of bills of the Ohio General Assembly] KFO 20 .A53 [Microforms Room, Drawer ZZ70] 1962-current
The Legislative Service Commission summarizes amendments made by a committee of the second house. The legislators in the first house may review the synopsis when the bill returns for a concurrence vote. Floor amendments are not included, as these are contained in the House and Senate Journals.
The Conference Committee Synopsis is a summary of a conference committee report. The synopsis is prepared by the Legislative Service Commission.
Floor amendments are contained in the House and Senate Journals, while the Synopsis of Committee Amendments contain amendments made by committees. Ohio Capital Connection provides access to the text of bill amendments when you pull up a particular bill.
When the governor signs or vetoes a bill, he may comment upon the legislation. Sources:
There are two newspapers which cover legislative news in Ohio:
Administrative agencies have the power to adopt rules to carry out their mission. The Ohio Administrative Code is the codification of the rules adopted by the agencies. Sources:
Regulations "adopted by reference" are not contained in the Ohio Administrative Code. You must located the text in other documents. This is especially true in the building code, which incorporates the Ohio Basic Building Code by reference. The General Index volume to the Ohio Administrative Code contains a list of documents incorporated by reference. The Ohio Legislative Service Commission or Ohio Secretary of State can provide the text of the regulations adopted by reference, if the text is not available otherwise.
There are two rule-making procedures in Ohio, one in ORC Chapter 119 (Ohio Administrative Procedure Act, 1943) and the other in ORC 111.15 . Rule-making procedures under ORC Chapter 119 require agencies to give notice of their intent to promulgate new rules and to conduct public hearings. ORC 111.15 procedures have no notice and hearing requirement.
The basic steps for Chapter 119 rulemaking are:
1. Agency gives public notice in the Register of Ohio of: (1) the proposed rule; and (2) the public hearing to be held on the proposed rule.
2. Agency files the proposed rule, fiscal analysis and rule summary with the Ohio Secretary of State , Joint Committee on Agency Rule Review ( JCARR) and Legislative Service Commission . These documents are published in the Register of Ohio .
3. Agency holds a public hearing on the proposed rule.
4. JCARR reviews the proposed rule, unless exempt by statute. JCARR will tell the General Assembly if a proposed rule should be invalidated.
5. The agency finalizes the rule, and file a final rule with JCARR, Legislative Service Commission and Secretary of State. The rule can not be finalized until 66 days after filing the proposed rule. The rule may not become final if the legislature objects.
6. The General Assembly can invalidate an adopted rule within 59 days after it was filed with JCARR.
For more details, see Michael Burns, An Overview of Administrative Rulemaking in Ohio , Ohio Legislative Service Commission Members Only Brief , vol. 121, issue 15, rev. 4 (Feb. 25, 2005); the library's Administrative Law Research Guide ; and Ohio Administrative Law Handbook, (Thomson West 2007), , KFO34.5.O35 .
Step One: Keycite or shepardize to see if the regulation was held unconstitutional or otherwise invalid by a court
Step Two: Find any new regulations changing, adding or repealing Administrative Code sections. See below.
Here are some sources to find newly adopted regulations and proposed regulations:
In the current Ohio Administrative Code, after the text of the code section, you will see a "history" or "credit" section. Here is a typical example:
The citations in this history section indicate the year and page number of the Ohio Monthly Record (OMR) where you can find prior versions of the regulation. The letters indicate what happened to the regulation, for example, R-E means repealed and reenacted, RRD means the rule review date and A means amended. There is a table of what these abbreviations mean in the first volume of the Ohio Administrative Code.
Note that the last citation, "prior OLC 2.1", does not have an "OMR" cite. That is because the regulation was issued before the Ohio Administrative Code was created in 1977. Pre-1977 regulations can be obtained from the agency itself. Area libraries may have some of these old regulations. For example, "Industrial Commission regulations, relating to all workshops and factories, effective Jan. 1, 1967", is available at the Cleveland State University Library, HD7262.5.U62 O25 1967. The State Library of Ohio (part of Ohiolink) has the most complete collection of pre-1977 regulations.
Places to find prior OAC regulations:
| Further reading: Ohio Administrative Law Handbook , Thomson West 2007, KFO34.5.O35 . Ohio Legal Research Guide by Putnam and Schaefgen, Chapter 10, KFO75.P88 1997 Administrative Law Research Guide , section on Ohio. |
The Administrative Procedure Act, ORC Ch. 119, provides for enforcement of regulations and agency statutes through quasi-judicial actions. Many agency cases are informally adjudicated, ie. the Rules of Evidence are not strictly applied and the Civil Rules do not apply. Agency decisions are required to be entered in the agency's journal, but they are not required to be published (ORC 119.09). Agency orders may be appealed to a higher agency authority according to the agency enabling statute. A final agency decision may be appealed to the common pleas court as allowed by the Administrative Procedure Act, the agency enabling statute, general appellate procedure defined in ORC Chapter 2506 or other statute. For more details on administrative agency adjudications, see Ohio Administrative Law Handbook , (Thomson West 2007) KFO34.5.O35 .
Here are some of the agency decisions
available on the web. For others not listed here, you may want to check the
agency web site, via the list of all state
agencies.
Ohio Attorney General (1994-)
Ohio Board of Tax Appeals (1997-)
Tax
Commissioner Opinions (selected)
Ohio Ethics Commission
Advisory Opinions (1974-)
Ohio Supreme
Court Board of Commissioners on Grievances and Discipline Advisory Opinions
(1986-)
Ohio Civil Rights Commission
Decisions by the OCRC Administrative Law Judge (2000-)
Ohio Elections Commission Advisory Opinions (1986- )
Ohio Public Utilities Commission Entries and Orders (1997- )
Ohio Bureau of Workers' Compensation Selected Legal Opinions
State Personnel Board of Review (1996-)
Some of the agency opinions accessible via the Cleveland Marshall College of Law Library (This information is current as of June, 2007):
| Print or Microform | Lexis | Westlaw | Internet-See Above Links |
||
| Attorney General | KFO 440 .A553 [Ohio Room (1846 -) Reserve 1998 -] Microforms Room, Drawer ZZ53] (1846 - 1972) |
1977- | 1977- | 1992- | 1994- |
| Board of Tax Appeals | Baldwin's Ohio Tax Service KFO470.A6 B32 1978-1993 |
1942- | 1985- | -------- | 1997 |
| Tax Commissioner | Department Reports of the State of Ohio 1914-1964 | 1990-1994 | ------- | -------- | some |
| Civil Rights Commission | Selected decisions pertaining to School Law: Baldwin's Ohio School Law Service , 1975-1988 | 1996-2003 | 1980- | --------- | 2000- |
| Ohio Ethics Commission Advisory Opinions | KFO406.A8 O54 1974- | 10/1974- | 1977- | 1987- | 1974- |
Ohio Supreme Court Board of Commissioners on Grievances & Discipline Advisory Opinions |
( KFO76.5 .A2 S96 ) (1986- ) - current copies in Reserve | 1987- | 1987- | 1986- | 1986- |
| Joint Legislative Ethics Committee Opinions | ----------------------------- | ---------- | -------------- | 1995- | ------------- |
| Elections Commission | -------------------------------- | 10/1986- | --------------- | 1987- | 1986- |
Environmental Bd of Review now known as Environmental Review Appeals Commission |
Cases Before the Environmental Board of Review , KFO354.A552, 1974-1986 Summaries in OhioEPA, KFO354 .A43, current in Reserve |
1973- | 1973- | ------------- | ---------------- |
| Department of Insurance Bulletins | 1991- | 1950- | ------------- | ---------------- | |
| Insurance Commission Decisions | Department Reports of the State of Ohio 1914-1964 | --------------- | ---------------- | ----------- | ------------- |
| PUCO | Department Reports of the State of Ohio 1914-1964 | 1973- | Ohio Public Utilities Reports 1953- |
--------------- | 1997- |
| Securities Admin. Decisions | ---------------------- | 1965- | 1983- | ---------------- | ----------- |
| State Employment Relations Board | Official Reporter SERB (West Group, 1988 - ) KFO 331 .A6 O43 [Current in Reserve] Ohio Public Employee Reporter - KFO332.8.P77 O3 (1984-2006) [Reserve] |
1983- | 1984- | ------------ | ------------ |
| State Personnel Bd of Review | -------------------- | ---------- | ---------------- | ------------ | 1996- |
| Workers' Compensation | Merriman and Sutherly Industrial Commission Reports 1925-1986 |
1994-2006 | 1996- |
------------- | some |
| Unemployment Compensation Review Commission | Selected decisions pertaining to School Law: Baldwin's Ohio School Law Service , 1975-1988 | --------- | --------------- | --------------- | ----------- |
Some agency decisions are unpublished and hard to find. For example:
Decisions of the Ohio Unemployment Compensation Review Commission -- formerly the Ohio Unemployment Compensation Board of Review -- are available for a small fee from the Banks-Baldwin research department (216-520-5586). The Ohio Supreme Court library also collects these decisions.
Further Reading: Ohio Legal Research Guide by Putnam and Schaefgen, Chapter 11, KFO75.P88 1997 |
An "Ohio case" can be one heard in the State Court System or the Federal Court System. For an explanation of the hierachy of the Ohio State Court System, look at the Structure of the Ohio Judicial System Chart on the Ohio Supreme Court's webpage. A similar diagram is on the U.S. Courts page: Structure of the U.S. Courts
The Ohio Official Reports:
All Ohio Supreme Court decisions are included. The Reporter of Decisions selects certain appellate and municipal cases to publish in the Ohio Official Reports. See Rules for Reporting Opinions .
Ohio State Reports 3d [Ohio Room KFO45 .A23 ] - Ohio Supreme Court Decisions; Ohio Appellate Reports 3d [Ohio Room KFO48 .A241 ]; Ohio Miscellaneous Reports 2d [Ohio Room KFO48 .A241 ] (Selected common pleas and municipal court decisions, decisions of the Court of Claims, Federal District Court decisions - Few decisions of these courts are published).
New Officially Reported cases will first appear in the Ohio State Bar Association Report, sometimes called the "green books".
Prior Official Reports , in reverse chronological order:
Unofficial print reporters: There are lots of unofficial reporters, many of which are no longer published. For a list, see Ohio Case Law: Where to Find It by the Ohio Supreme Court Law Library. The following articles discuss some of these unofficial case reporters: Ervin H.Pollack and J. Russell Leach, Ohio's Reported Decisions -- An Integrated Survey , 11 Ohio State Law Journal 413 (1950) and Paul Richert, An Update on Judicial Reporting , 41 Ohio State Law Journal 675 (1980). .
One unofficial reporter that is still published currently is North Eastern Reporter , now in its second series, KF135.N6 N62 [Second Level Library]. It includes Ohio Supreme Court and appellate decisions for Ohio and other northeast states. Volumes include West headnotes , which can help find more cases dealing with the same legal issue.
The library has some special databases of unreported cases: Ohio Appellate Decisions on Fiche (Law Library Microform Consortium, 1982- 92) and Anderson's Unreported Ohio Appellate Cases (Anderson Publishing Co., 1990).
Court web sites: The Supreme Court of Ohio has a database of Supreme Court, appellate, and reported Court of Claims and municipal court decisions. The dates of coverage vary by court, but in general, there is nothing older than 1992. The web site for each appellate court may have additional cases. The Cuyahoga County Court of Common Pleas posts some of its opinions on its web site. Some common pleas courts have online dockets where the full text of documents, including opinions, are available. To find common pleas court dockets, go to: Butler County Statewide Court Records Search . For more docket links, try: LLRX Court Rules, Forms and Dockets.
Fee databases: Lexis ( OH State Cases Combined ) , Lexis Academic Universe and Westlaw (OH-CS) have Ohio reported and unreported cases. Lexis and Westlaw passwords are provided to law students. Lexis Academic Universe is accessible via Ohiolink with a valid CSU Id or by visiting a campus library.
"Free" Lexis on the web : Lexisone.com has the last five years of case law, searchable with the Lexis search engine. Free but requires registration. Older cases can be purchased from Lexis Nexis A la Carte
Further Reading: How to Find an Ohio Case by the Cleveland Law Library
If a decision appears in an official reporter (Ohio Official Reporter or Ohio Reports), it is a "reported" decision. Generally, all Ohio Supreme Court decisions are "reported". The Reporter of Decisions decides which appellate and municipal cases appear in the Ohio Official Reports. See Rules for Reporting Opinions .
In the past, reported decisions were controlling authority in the district, and "unreported" opinions were merely "persuasive", meaning they are controlling only as to the parties. Prior versions of the Supreme Court Rules for Reporting opinions stated that unreported opinions "may be" cited in limited circumstances.
As of May 1, 2002, the Supreme Court abolished the distinction between "controlling" and "persuasive" opinions, based merely upon whether a case appears in the Official Reporter. Opinions for all cases decided on and after May 1, 2002 may be cited as legal authority and it is up to the court what weight to give the opinion. See Supreme Court - Revisions to the Manual of Citations and Rules for Reporting Opinions, Rule 4.
Ohio Revised Code 2503.20 states that, "All such cases shall be reported in accordance with this section before they are recognized by and receive the official sanction of any court." Despite this code section, attorneys and judges frequently cite to cases that are not officially reported. See Ervin H.Pollack and J. Russell Leach, Ohio's Reported Decisions -- An Integrated Survey , 11 Ohio State Law Journal 413 (1950).
District Court: Two district courts try cases in Ohio, the Northern District and the Southern District. Reported cases appear in the Federal Supplement series, KF120 .F42 , located on the second floor of the library. Reported and unreported cases are available on Lexis ; Lexis Academic Universe and Westlaw . Recent notable cases can be found at the Northern District of Ohio Web Site and the Southern District of Ohio Web Site . Copies of recent opinions are free on the federal Pacer docket service, but a search by party name has a minimal cost.
Appellate Court: The Sixth Circuit Court of Appeals hears appeals from Ohio, Michigan, Kentucky and Tennessee District Courts. Reported cases appear in the Federal Reporter series, KF110.F42, located on the second floor of the library. Reported and unreported cases are available on Lexis, Lexis Academic Universe and Westlaw . Published opinions issued since July 1, 1999 and unpublished opinions issued since October 1, 2004 appear on the Sixth Circuit's Web Site . For opinions from 1995 to 1999 see Emory School of Law - 6th Circuit Opinions. Findlaw has Sixth Circuit opinions from 1996 to current. Copies of recent opinions are free on the federal Pacer docket service. Searching is not free, but the cost is minimal.
Published/Reported v. Unpublished/Unreported:
The Sixth Circuit Court of Appeals now allows citation of all unpublished opinions. See Sixth Circuit Rule 28(g) . This was in response to a recent change in the Federal Rules of Appellate Procedure, mandating that for cases decided on and after Jan. 1, 2007, appellate courts may not restrict the citation of unpublished cases. See Fed. R. App. P. 32.1 , also see comments on this rule .
U.S. Supreme Court: The highest court for both state and federal cases. See Where to obtain US Supreme Court Opinions and Cleveland Marshall's Internet Legal Research Guide .
Further reading: Zimmerman's Ohio Legal Research Guide: Judiciary
Shepard's (Lexis) or Keycite (Westlaw) lists subsequent cases that cited the case in question, and whether the subsequent case overruled or followed the case in question. In order to make sure a case is "still good law", don't stop at Shepard's or Keycite. It is possible the case is no longer good law, but no subsequent case ever cited that case as overruled. Looking at the Table of Authorities in Lexis will help determine whether the underpinning cases cited in a decision have been overturned. Thorough research of a question through electronic searches and/or secondary sources should reveal any changes in the law. Additionally, you should also check the statutes to see if the case was overruled by statute.
Shepards is available electronically to law school students and faculty via Lexis passwords and to other Law Library users at Reference Area workstations. Keycite is available to students and faculty via their Westlaw passwords.
Further reading: Cleveland Marshall's Citation Checking Guide
There are Ohio court rules that apply statewide, such as the Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure and Rules of Evidence. Ohio appellate, common pleas and municipal courts have their own local rules of procedure. Federal courts also have rules that apply to the entire federal system, as well as local rules of court.
Unannotated Rules:
Annotated Rules:
"Legislative History" or Background Materials for Rules:
Further reading : Zimmerman's Ohio Legal Research Guide: Judiciary
Court dockets indicate the documents filed in the case (complaint, answer, motion for summary judgment, etc.), and any orders issued by the court throughout the pendency of the case. Some dockets have links to digital copies of the orders and documents filed in the case.
Further reading: Dockets Online , power point presentation by Kathleen Sasala, May 23, 2007
Secondary sources comment upon, describe, explain or analyze the law and can help to find primary source materials, such as cases, statutes, rules and regulations.
Shepard's (Lexis) or Keycite (Westlaw) lists subsequent cases that cited the case in question, and whether the subsequent case overruled, affirmed, or discussed the case in question. Shepard's Ohio Citations (Lexis Publishing, 1965 -) KFO 59 .S54 [Reference and Ohio Room]. Shepards and Keycite lists secondary sources that cite the case in question. Besides cases, you can also shepardize or keycite statutes and regulations.
Shepards is available electronically to law school students and faculty via Lexis passwords and to other Law Library users at reference area workstations. Keycite is available to students and faculty via their Westlaw passwords.
Citators can be used (1) to find out how subsequent cases applied the law established in a particular case/statute/regulation or (2) to make sure a case/statute/regulation is still good law.
In order to make sure a case is "still good law", don't stop at Shepard's or Keycite. It is possible the case is no longer good law, but no subsequent case ever cited that case as overruled. Looking at the Table of Authorities in Lexis will help determine whether the underpinning cases cited in a decision have been overturned. Thorough research of a question through electronic searches and/or secondary sources should reveal any changes in the law. Additionally, you should also check the statutes to see if the case was overruled by statute.
Further reading:
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West's Ohio Digest (West Group, 1949 -) KFO 57 .W47 [Reference, Ohio Room] is a subject index to cases. It contains brief summaries ("squibs") of Ohio cases, both State and Federal. The squibs are grouped into topics- for example Appeal and Error, Corporations, Taxation, etc. Each topic has an outline, and each subtopic in the outline is assigned a "key number" (for example, Corporations k46 - Acting in False or Assumed Name). You can browse the topic outline to find an appropriate key number. Or, you can look up a subject or keyword in the Descriptive Word Index to find a key number on point to your research. When you find a good key number, you find summaries of cases on the point of law in question.
Cases in West's reporters, such as the North Eastern Reporter , KF135.N6 N62 [Second Level Library] have "headnotes" for each point of law in the case. The headnote is the same summary or "squib" contained in the Digest. The headnote is accompanied by the assigned key number. So, if you have one case on point, you can find other cases on point by taking the key number from the headnotes of the case, and looking in the Digest under that key number. The Digest also contains a table of cases, listing the key numbers contained in the headnote of each case.
West's digest is available on Westlaw by clicking on Site Map> West Key Number Digest (Custom Digest).
Newer cases on Lexis use Lexis headnotes to identify points of law in the case, and can be used to access other cases on point.
| Further reading:
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West's Ohio Digest KFO 57 .W47 [Reference, Ohio Room] and Ohio Jurisprudence 3d KFO 65 .O3543 [Reference, Ohio Room] both contain Words and Phrases volumes. If you want to find out how Ohio courts define certain words, Words and Phrases is the place to look. The volumes are arranged alphabetically by word or phrase. Under each word or phrase are summaries from Ohio cases, defining that word or phrase.
Ohio statutes may define a term as well.
Ohio Jurisprudence 3d (West Group,
1977 - ) KFO
65 .O3543 [Reference, Ohio Room] - Alphabetical arrangement of articles
on legal topics. Articles have references to cases, statutes and other primary
sources. There are Index volumes, but be warned that the Index volume is not
always up to date. You may have to consult a cross-reference table at the beginning
or end of the O.Jur.3d article or the O.Jur.3d volume. If you have a case, statute
or court rule, you can easily find an O.Jur.3d section on point by using the
Table of Laws & Rules , and Table of Cases
volumes. Ohio Jurisprudence 3d is available on line:
* Westlaw ( OHJUR
) contains an up to date version of O.Jur.3d
* Lexis ( Ohio
Jurisprudence ) contains a version current as of 2005.
Elements of an Action (Thomson West 2006) - KFO530.E44 2007 [Reference] - lists the elements of various civil causes of action. "Elements" are what the plaintiff needs to prove to prevail upon a specific cause of action, such as breach of contract or defamation . The book also contains the following for each cause of action: cites to case authority; cites to jury instructions or the text of a jury instruction; damages available; the statute of limitation; defenses; counterclaims; checklists and forms.
Elements of an Action does not include every civil cause of action in Ohio. Other sources to find the elements of a civil action include: Ohio Jury Instructions KFO542.A65 O36 (Also on Lexis & Westlaw); Ohio Jurisprudence 3d KFO 65 .O3543 (also on Westlaw) and Anderson's Ohio Civil Practice : KFO530 .A8 (also on Lexis - Ohio Civil Practice with Forms) or by doing a electronic case search such as "elements /s ________( fill in the cause of action)."
A case search, Ohio Jury Instructions and OJur3d can also help find elements of a criminal action. Also consult Katz Gianelli Criminal Law (West Group, 1996 - ) KFO 561 .K37, Westlaw ( OHPRAC-CRIM ).
Not only do Form books provide sample forms, they may also provide text discussion and drafting checklists. There are transactional Form books (for wills, contracts, etc.) as well as pleading and practice Form books (for pleadings filed during litigation. Also, many practice books contain forms - see the discussion on practice books, below. Form books are located in Reference, Reserve and the Ohio Room, but some Form books in the Ohio Room are not current.
Transactional Form books
Pleading and Practice Form books
