LL.M.

Programme on
Criminal Law and Justice
First Year (2020-2022)

Case Law Research & Its Location Method

For the Fulfillment of Requirement of

Legal Research
Term Paper

Submitted to:
Purbanchal University
Through
Kathmandu School of Law
Dadhikot - 9, Bhaktapur

Submitted by:
Shruti Kharel
 Table of Content

CHAPTER-1............................................................................................................................1
1.1 General Background..................................................................................................1
1.2 Objective of the Study...............................................................................................1
1.3 Methodology of the Study.........................................................................................1
1.4 Organization of the Study.........................................................................................2
1.5 Limitation..................................................................................................................2
CHAPTER - 2..........................................................................................................................3
2.1 Introduction of Case Law Research..........................................................................3
2.2 Importance of case law in legal research..................................................................4
2.3 Limitation of Case Law Research.............................................................................5
CHAPTER - 3..........................................................................................................................6
3.1 Practices of Case Law Organizations System in Nepal............................................6
3.2 Case Law Publication Method in India....................................................................10
3.3 Case Law Publication Method in USA....................................................................11
CHAPTER – 4.......................................................................................................................13
4.1 Analysis.....................................................................................................................13
4.2 Conclusion.................................................................................................................13
 CHAPTER-1

1.1 General Background

Research can fulfill different roles in a process for working for change and can be used in a
variety of different ways.1 One of the parts of research is legal research. The systematic
investigation of problems and of matters concerned with law such as codes, acts etc is legal
research.2 It is required in building strong, well structure, modern and sound legal system. 3
The legal researcher must be familiar with the sources of law. Source of law can be divided
into primary and secondary. Among them, the judicial precedents are important sources of
law and they are regarded as case law. A precedent is primarily a case law which provides
the guidance for deciding cases which are of same nature. Case law consists of the rules and
principles stated and acted upon by judges in giving decisions. In a common law system, a
judge in a subsequent case has to decide the case with the similar verdict as that of previous
case unless he can give a good reason for not doing so. Therefore, case law is important in
the countries which have been influenced by common law system.4

Case law has significant role in legal research because it is regarded as primary authority.
While reading the case laws, the researcher may come across a problem of legal issue and
s/he can form a hypothesis, run an empirical inquiry and thus conduct the research. As
Hudson has also rightly pointed out that all the progress is born of inquiry. 5 That is why,
case law is important because the lawyers, judges and researchers can use it for their logical
argumentation. Thus the case laws become the documentary source of data in legal studies. 6

1.2 Objective of the Study

The main objective of this paper is concerned to analyze the case law system of Nepal for
academic purposes. It will be discussed only academic view. Thus, the basic aim of this
paper is basically fulfillment to academic desire. The specific objectives of this paper are as
follows:

- To identify the case law research and its importance as well.

- To identify the case law location method in Nepal.
- To find out the case law organization system of Nepal.

1.3 Methodology of the Study

This study is based on the doctrinal approach of research. The information for the study is
collected from primary and secondary sources. All the legislation and regulation, polices

1
Sophie Laws with Caroline Hamper and Rachel Marcus, Research for Development, A practical Guide, Save
the Children, Vistoor Publication.
2
S.R. Myeni, Legal Research Methodology, 2nd edition (Pioneer Books 2001).
3
Rajit Bhakta Pradhananga and Bal Bhadra Mukhiya, 'An analytical overview of Survey Method in Legal
Research', (Year 32) 6 Nyayadoot Nepal Bar Association 129.
4
V.D. Maharjan, Jurisprudence Legal Theory (India, Eastern Book Company 1998), 215.
5
C.R. Kothari, Research Methodology Methods and Techniques, 2nd edition(New Delhi, New Age
Internatioal(P) Ltd. 2004), 6.
6
S.R. Myneni, Legal Research Methodology, 1st Edition(India, Allabad Law Agency, Faridabad, 2001), 140.
[1]
and directions relating to the study are taken as primary sources. The books journals and
other relating materials are referenced as secondary sources gathered form various libraries
at Kathmandu. The methodology in research is followed descriptive and analytical.

1.4 Organization of the Study

The paper is organized in four chapters. The first chapter deals with introductory. The
second chapter deals about introduction of case law research, importance of case law and
limitation of case law research. The third chapter contains practices of case law
organizations system in Nepal, India and USA. Finally, the fourth chapter deals with
Analysis and conclusion.

1.5. Limitation

This paper is limited to studying the case laws publication in Nepal, India and USA.

[2]
 CHAPTER - 2

2.1 Introduction of Case Law Research

Everyone who conducts the Legal Research must be acquainted with the basic principles of
Law and Legal logic there is also a saying that "no Lawyer knows more than a relatively
infinitesimal part of the Law, nor does any judge as well as Legal researcher". But they
must know how to find Law and where to find Law. 7 In the legal research case law consists
of the rules and principles stated and acted upon the judges in giving decision

The legal researcher must be familiar with the sources of law. Different writers have used
the term ‘source of law in different sense. Source of law can be divided into primary and
secondary, judicial precedents are important sources of law they are regarded as case law.
A precedent is primarily a case law which serves as an authority for deciding a similar case.
In many instances, case laws have played an important part in the interpretation of statutes.

Case law consists of the rules and principles stated and acted upon by judges in giving
decisions. In a system based on case law, a judge in a subsequent case has to decide the case
was decided unless he can give a good reason for not doing so. That means, cases must be
decided the same way when their material facts are the same. The Nepalese law is in most
of the situation largely is case law. This is the decision in particular case constitute
‘precedent’.

In legal research case law is the secondary source. Even though it has significance in legal
research because case law is regarded as primary authority. This is reason why legal
research has distinct characteristics in comparison with other serial research. While reading
the case laws, the researcher may come across a problem of legal issue and he can form a
hypothesis, run an empirical inquiry and thus conduct the research. Case laws are the
evidential source for the arguments in deductive analysis. The lawyers, judges and
researchers use case laws for their logical argumentation. Thus the case laws become the
documentary source of data in legal studies.8

Case law (also known as precedential law, black-letter law, decisional law or non-statutory
law) is the body of judge-made law and legal decisions that interprets prior case law,
statutes and other legal authority -- including doctrinal writings by legal scholars 9 Case law
refers to opinion written by judges which resolve litigated disputes. In deciding case
appellate judges base their reasoning in statutes or previously decided cases. Everyone who
conducts the legal research must be acquainted with the basic principles of law and legal
topic. After the involvement of legal research, law to be applied, but there is also saying that
“no lawyer knows more than a relatively infinitesimal part of the law, nor does any judge as
well as legal researcher”. But they must know how to find law and where to find law. 10 Of
course, it does not require that all the facts should be the same. 11 Case law system develops

7
Dr. S.R. Myneni, Legal Research Methodology, India, Allabad Law Agency, Faridabad, 1st Edition, (2001)
p.109
8
Ibid, p.140
9
http://www.case/Law/Research_Guide_Missippi_State_University_Libraries.htm (18-07-2006)
10
Dr. Myneni, S.R., Legal Research Methodology, India, Pioneer Books, Second Edition Reprint, (2003) p.
139
11
Ibid.
[3]
tentatively and truly casually; the principles crystallize slowly from decisions in particular
cases and the method of law finding proceeds inductively from the particular to general.12

2.2 Importance of case law in legal research

Case law organization system is very important to the countries which are embodies the
common legal system. We have also adopted common legal system in practice. It plays vital
role to dispense and accurate justice. This system helps to judges, lawyers, law professional,
legal researcher, and judicial service employee. Due to mandatory force of precedent case
law plays vital role in legal research. The importance of case law can be viewed as follow:

(a) Stability
 Case law promotes sense stability. Researcher can decide litigated disputes from the
previous decision.
 Appellate courts must follow the precedent in the same case.

(b) Predictability
 Researchers cannot predict in the case without studying the case law but after
studying the case law every researcher can predict what court will decide?

(c) Fairness
 Case law gives sense of fairness. In deciding case appellate judges base their
reasoning in statutes or previously decided cases. So its benefit is very high.

(d) Binding Authority to Support the Argument

 The nature of Case Law is binding in Legal field. Case Law is primary authority of
legal source of Law. The decision made by court is binding but not whole the fact,
issue and other component rather the lower court have to follow the legal principle.

(e) Persuasive Authority Helps to Enrich the Argument

 Lower Court produce judgments as well as precedents as superior Court but they do
not consist Legal validity or binding authority in Legal Source. Such precedents are
considered as opinion for the superior Court. However such precedents are
persuasive for the superior Court. The Legal researcher can do in the same way.
Considering the persuasive nature of the case Law produced by the lower court. The
legal Researcher can use such case Law to in reach their argument in the particular
Research.
(f) Case Law Can Fulfill the Gaps and Lapses of the Legislation
 As discussed case law is consider as primary authority in Legal source. Therefore
the Researcher can use case Law with the Legal validity. If some time the Legal
Researcher cannot get particular Legislation regarding their research issue then they
are illegible to use Case Law as a primary source as to Legislation.

(g) Case Law is Flexible to Use in the Research.

 Case Law is more flexible than the Legislation .It remains in living contact with the
reason and justice of the matter. Because of this nature the researcher can use case
law in their research. Case Law is more satisfying, more perfect and more workable.
Thus the researcher can easily determine the legality of the case law and will be able
to use in proper manner.

12
W. Friedmen, Legal Theory, India, 1st Reprint, (1993) p. 533
[4]
2.3 Limitation of Case Law Research

There are positive and negative parts of each and every think, considering this, case law do
have some limitations. Before using case law the researcher should consider the limitations
as well. They are as follows:

(a) Case Law may be Unknowable

 Case law is unknown and unknowable because it is evolved only when a specific
problem crisis it is unknowable because nobody knows for certain when and where a
new principle will be evolved. It is therefore of irregular in nature.13
 Therefore the researcher may be unable to find out the latest case law for their
research. It seems to be quite confusion to locate the case law for their research.
 For example, we can take decision made my Supreme Court on Lok Bhakta Rana’s
case. For the first time the Supreme Court has given decision that time and
limitation will be count after the action of action in forgery case.
 But later on the Supreme Court has given decision in Masuri Maya’s case that the
time and limitation will be counted after the notice of the action in forgery case. It
creates confusion to the legal researcher whether the former is to apply or the next
one is to apply in their research.

(b) It may be Useful in Future Problem

 As the nature of case law this is binding for the future litigation. The court is bind to
follow the same case law in the same problem crisis in the future by the principle of
stare decisis.
 The researcher should keep in their mind that this particular case law sill be useful
for their research in next research, which is unnecessary burden to the researcher.
Because the researchers do have so many time constraint and economically
limitation therefore they will be quite unable to see whole factors and literatures not
related in their research.

13
Ibid.
[5]
 CHAPTER - 3

3.1 Practices of Case Law Organizations System in Nepal

In the common law tradition case law regulates, via precedents, how laws are to be
understood, based on how prior cases have been decided. Case law governs the impact court
decisions have on future cases. Unlike most civil law systems, common law systems follow
the doctrine of stare decisis in which lower courts usually make decisions consistent with
previous decisions of higher courts.14

The Anglo-American judicial system is founded on the concept of the "common law" and
the doctrine of Stare decisis. The term "common Law" refers to the judicial decisions by
English courts, which were the basis of Law for the States and countries originally settled
and controlled by England. From the concept of the common Law, the doctrine of stare
decisis emerged. Simply stated that, the court will review the facts of "our case" to
determine if they are the same or substantially similar to those in previous cases. These
cases are referred as precedent as well as case Law.15

“Case law is regarded as an important sources of law” this is particularly so in the case of
England and other countries which have been influenced by common law system. The
common law of England has created by the decisions of English judges.16

The legal researcher should collect different types of documents for the literature review
before starting to conduct any research. In other word, we can say that the researcher must
complete library research. For the getting case law the researcher should know to locate.
Therefore finding and locating case law is also important task in legal research.

In the American context, cases are organized in the official and unofficial version. The
organizations of the reported cases are in three ways: by jurisdiction, by geographical or by
subject matter. The stage of the publication each category into three stages: the slip opinion,
the advance sheet, the bound volume. The cases are published in chronological order in the
bound volumes.

In this paper some trend and practices in Nepal have been mentioned. In our practice, the
case law location system is depends on the case law organization system. If the case law
organization system is systematic, purpose of the case locations will be fulfilled by the
finding case quickly and easily there by. In this paper some trend and practices in Nepal
have been mentioned. Before examining the various methods of finding a particular case, it
is important to know about the legality of the published case law. The researcher should
know where the case law has been published and reported. In court context the case law is
reported in two versions one is official other is unofficial the researcher can get case law
from these publications. They are as follows:

3.1.1 Official Version

When performing legal research, there are two types of sources to consider: primary
sources and secondary sources. Primary sources are the official legal documents that
actually state the laws of the nation and of the individual states. Examples include statutes,
regulations and court opinions. Secondary sources, on the other hand, do not state our laws
14
Supra note 3
15
www.drakelawschool.org/caselawresearchguide.htm (18-07-2006)
16
V.D. Mahajan, Jurisprudence Legal Theory, India, Eastern Book Company, (1998) p. 215
[6]
but rather discuss or analyze them. Secondary sources of law generally provide
commentary and background information on the primary sources of law.
Additionally, they provide citations to primary sources, as well as references to other
secondary legal materials. In the case of judicial opinions, secondary sources allow the legal
researcher to gain a better understanding of a particular area of law, and also find links to
relevant cases for his or her purposes. Various types of secondary sources for case law
research exist. Some of these include legal encyclopedias, texts and treatises, and law
reviews.17
An official report is one of that has been designated as such by the Supreme Court of Nepal.
However, the terms ‘official’ does not indicate the quality or accuracy of the report. 18 There
is only one authority which publishes the case decided by supreme court of Nepal decision
made by Supreme Court of Nepal are collected and published in a series of books called
Nepal Kanoon Patrika, Supreme Court Bulletin, Supreme Court Judgment Collection.

The Supreme Court is only one official publishing authority in Nepal. As long as official
reports exist it precedes unofficial report. Official reports take long time to publish in bound
volume, so it is quite unpopular for legal research because they are interested to use current
information in their research. The decision of the courts is reported in official and unofficial
version.

A. Official Publication

(a) Nepal Kanoon Patrika

Nepal Kanoon Patrika is published monthly and last issue of every year of this
publication contains monthly reported cases in nominal index. The cases are
published by the subject matter of litigation. The ratio decidendi has to be
published in the 12th volume or last volume of the publication. The case can be
located by the parties name, subject index or seeing ratio decidendi by the last
volume. But the legal researcher has to know the publication year.

(b) Supreme Court Bulletin

This fortnightly published bulletin contains only the ratio decidendi. The
publication is organized concurrence of the hierarchy of the bench i.e. full bench
decision, division bench and single bench.

(c) Collection of Supreme Court Judgment

This collection contains the judgment of full bench of Supreme Court and it has
comprised decision made by Supreme Court during the 2029-2030 B.S. It
published once only.

(d) Collection of Supreme Court Judgment

It has 1-25 series. After 20th series it has started to publish in different topic.
(e) Special Bulletin of Supreme Court

17
http://www.hls/Library Effective Case Law Research.htm (18-07-2006)
18
Bonita K. Roberts & L. Linda Schlucter, Legal Research Guide: Patterns and Practice, Virginia,
Charlottesbille, The Michle Company, Second Edition, (1990) p. 6
[7]
 This is a special issue on silver jubilee of King Birendra Bir Bikram Shah Dev in
2053 B.S. There are 133 cases in different issues.

(f) Nepal Kanoon Patrika

This is also a special issue on occasion of succession to Throne of King Birendra

Bir Bikram Shah Dev in 2053 B.S. There are 5 cases in different issues.

(g) Decision of Supreme Court on Human Rights

This special issue is related to Human Rights and is published in cooperation with
UNDP Nepal in 2059 B.S. It includes 65 cases in different issues.

(h) Supreme Court Landmark Decision

The Landmark decisions propounded on the constitutional issues are published.

3.1.2 Unofficial Version

The terms “official” and “unofficial” do not indicate the quality or accuracy of the report.
Both form of publication includes cases. There are some prominent authors who are quite
ahead to publish the decision made by Supreme Court in different topic. i.e. Supreme
Court’s judgment on constitutional issues. Nazeer Kosh, Nazeer Sar Sangraha.

These unofficial reports contain everything of the official report, plus some helpful editorial
features added by the publishers. These unofficial publications are very popular among
legal researcher in Nepalese legal field because they are publishing too quickly. These
publications can be located by following publications:

A. Unofficial Publication

(a) Individual Publication

i) Narendra Prasad Pathak: His publications are published in the name of Nazeer
Kosh in three volumes:
a) Nazeer Kosh (part one): Includes decision between 2015 to 2053 BS.
b) Nazeer Kosh (complementary) (part two): Includes decision between 2053 to 2055
BS.
c) Nazeer Kosh (part three): Decision between 2055 to 2058 BS are included.

In all above publication, cases can be found in alphabetical order by the subject matter,
case index by the name of litigant.

ii) Narendra Prasad Pathak & Narendra Prakash Khanal: There are three
publication by their joint afford.

a) Niranya Sar Kosh: It includes Supreme Court reported all cases (Kanoon Patrika)
decision between 2015 to 2060 and case can be found by the subject index in
alphabetical order or decision number of Supreme Court or by the name of litigant
name in alphabetical order.
[8]
 b) Supreme Court judgment on constitution issues (Part One): In this volume,
constitution decision between 2047 to 2057 is included in full context. The cases are
organized by subject index. The cases are located by the litigant name and litigation
subject.

c) Supreme Court judgment on constitution issues (Part Two): In this volume

constitutional decision between 2057 to 2060 B.S. are included in full context, the
cases are organized by subject index in alphabetical order.

iii) Gauri Bahadur Karki: Nazeer Sar Sangraha – In this publication, decisions are
included from 2015 to 2058 BS and cases are organized by the case index (both
litigant name) in alphabetical order, famous case index in alphabetical order and the
precedent index in alphabetical order.

iv) Rajendra Prasad Bhattarai – Collection of Precedent: It has published decisions

made by Supreme Court up to 2015 B.S.

v) Ram Prasad Bhandari “Sambhava” – Collection of Precedent on Fraud: It has

published the precedent particularly fraud issues.

(b) Institutional Publication

i) Summon Publication – Collection of Supreme Court decision: This publication

has got right to publish the decisions made by Supreme Court up to 2015 BS.

ii) Nepal Law Society:

a) Compilation of the decisions by the Supreme Court of Nepal on Habeas

Corpus: It was published in cooperation with USAID Nepal.
b) Compilation of the decisions on election by the Supreme Court of Nepal: It
was also published in cooperation with USAID Nepal.
c) Compilation of the decisions on Local Governance by Supreme Court of
Nepal.

iii) Gyangun Law Academy

a) Latest decision made by the Supreme Court of Nepal on Tax.

b) Latest decision by Supreme court of Nepal.

iv) Pro-Public

Decision related with gender issue: incorporated made by Supreme Court,

Appellate Court and District Court. It is published in corporation with UN/FEM-
Nepal.

3.2 Case Law Publication Method in India

[9]
The structure of the court system in India is divided into Supreme Court of India 19,High
court,20 and District court.21 Besides these the local judicial agency called Lok Adalats,
which are voluntary agencies are monitored by the state legal aid and Advise Boards. They
have proved to be a successful alternative forum for resolving of disputes through the
conciliatory methods.
There is also the official and unofficial version of publication. In the official version there
are two types of publication in printed version. One of them is All India Reporter published
from Nagpur; it published in monthly basis both Supreme Court and high court judgment,
and another one is The Supreme Court Journal published in Madras, by Madras Law
Journal press named Madras Law Report.22

In Electronic version, there are several institutions to locate case law such as; Judgment
Information System and the Location (Judis) is http://www.judis.nic.in/ via paid
subscription only. Another site is http://www.scjudgements.com/default.asp for Supreme
court’s judgment. The cite as to http://www.supermecourtcaselaw.com/ is for search on the
full text, subject index and a number of other fields.

In unofficial publication there are several case law digest, indexes and commentary in
printed version. Some of them are as follows: All India fiften years Digest 1985-1999,
Vinod publication: Delhi, 2000, a digest of decisions of the Supreme Court, various high
courts and commissions. The library has volumes three and four, and is in the process of
acquiring the first two volumes.

Bharat's Digest of Supreme Court Cases, a digest of Supreme Court and high court
decisions and all India Criminal digest are some other examples of the unofficial version of
case law publication method of India. The unofficial version is a guide to the rulings of the
Supreme Court, high courts and other Indian courts reported in the All India Reporter from
1948 through 1972.

Decisions that have been reported in the All India Reporter since 1914 are also covered if
they have been referred to in some manner by any court since 1948. The guide is organized
first by jurisdiction, then chronologically by date of decision. In India, the system of
publication is in digest such as company law digest, consumer protection law digest,
Supreme Court digest and constitutional law digest which make researcher to easily find out
the decisions.

3.3. Case Law Publication Method in USA

19
Supreme court of India which as the original, appellate and advisory judicator extends to any dispute
between the government of India and one or more states or between the government of India and any state
or states on one side and one or more states on the other or between two or more states. article 141 of the
Indian constitution says that the supreme courts decision is binding to all the other courts.
20
In each state or group of state has one high court. The high court stands at the head of a state’s judicial
administration. There are 21 high courts in the country, three having jurisdiction over more than one state.
Both Supreme Court and high court have civil and criminal division.
21
State divided into judicial districts presided over by district and session judges. This lower court have
civil and criminal jurisdiction separately.
22
It only publish the Judgment given by the supreme court
[10]
The USA is the state consisting of more than fifty court systems, including the federal
system, the fifty state systems and the District of Columbia system. There are three levels of
court in the federal system.23
a. United State of Supreme Court24
b. United State Court of Appeal25
c. United State District Court.26

Similarly, structure of most of state court system is follows:27

a. Court of Last Resort28
b. Intermediate Appellate Court29
c. Trial Court

Cases are published in books called reporters. It is a set of books collecting cases in
chronological order. Many sets of reporter are limited to opinions from a single jurisdiction
of level of court.

Thus, for example, federal reporters contain opinion from state courts. In addition, each set
of reporters may be subdivided into different series covering time periods. The decisions of
courts are reported in official and official reports. The organization of the decided cases is
in the three ways, they are, on the basis of jurisdiction of the courts, by geographical
location and by subject matter.

They may either in printed version or in electronic version. Only a small percentage of
courts decisions are officially published in a print court reporter. The most published
decisions are issued by the United States Supreme Court. State trial courts produce the
lowest percentage of published cases. Some courts provide copies of their decisions free on
the web they seldom go back before 1994, when the web became more popular.

The only exception is with U.S. Supreme Court opinions. Supreme Court opinions can also
be found at these web sites, www.lawcornell.edu, www.findlaw.com, www.lexisone.com.
And the federal courts decision found in www.law.villanova.edu the administrative office of
the US courts www.uscourts.gov. Lexis one and the Cornell law school legal Information
23
Amy E. Sloan, Basic Legal Research (Aspen Law and Business 2000), 67.
24
The Supreme Court of the United States (sometimes colloquially referred to by the acronym
SCOTUS) is the highest judicial body in the United States and leads the federal judiciary. It consists of
the Chief Justice of the United States and eight Associate Justices, who are nominated by the President
and confirmed with the "advice and consent" of the Senate. Justices serve "during good Behaviour,"
which terminates at death, resignation, retirement, or conviction on impeachment. The Court meets in
Washington, D.C.in the United States Supreme Court building. The Supreme Court is primarily an
appellate court, but has original jurisdiction in a small number of cases.
25
The United States courts of appeals (or circuit courts) are the intermediate appellate courts of the
United States federal court system. A court of appeals decides appeals from the district courts within its
federal judicial circuit, and in some instances from other designated federal courts and administrative
agencies http://en.wikipedia.org/wiki/United_States_court_of_appeals
26
The United States district courts are the general trial courts of the United States federal court system.
Both civil and criminal cases are filed in the district court, which is a court of both law and equity. There
is a United States bankruptcy court associated with each United States district court. Each federal judicial
district has at least one courthouse, and most districts have more than one. The formal name of a district
court is "the United States District Court for" the name of the district -- for example, the United States
District Court for the Southern District of New York.
27
Sloan (n 28), 68.
28
Court of Last Resort is often called as the state Supreme Court, but not always.
29
This Intermediate appellate Court is not there in all states.
[11]
institute allow searching all of the federal courts at the same time. However, Lexis one only
allows free searching for the last five years and the court sites accessible via Cornell
typically go back to the mid-nineties. Cornell is a member of a world free access to law
movement whose aim is to provide free access to legal information.

In print, to find the cases, legal researchers use indexes of various types. The U.S
Government publishes US Reports that contains the official version of all of the opinions of
the US Supreme Court. If one does not find intend cases in the US reports then he could use
another version published by the west publishing company.

The west publishing company publishes" American digest". It publishes case in seven major
categories: person, property, contract, torts, crimes, remedies, and government. West
publishing 30
Supreme Court reporter 31
Federal reporter32
Federal Supplement 33
Federal Rules Decision34

In addition, the west publishes the state in seven regional reporters. they are Atlantic, North
Eastern, North Western, Pacific, South Eastern, Southern South and Western. the regional
reporters include all the state of USA. in addition to these regional reporters, West
publishes: California Reporter and New York State Reporter.

Lawyer Cooperative publishing Company now owned by Lexis, Publishes the Lawyer's
Edition of the US Supreme Court opinions. ALR35 contains annotations on a particular
topic, which list the important cases in state and federal courts on that topic, along with a
terse synopsis of the facts of the case and the judges ruling.

30
Available at http://www.rbsO.com/lawcite.htm (accessed on 23rd June 2007).
31
This is useful for citing the recent Supreme Court cases.
32
It contains all of the published opinions of the US courts of Appeals Federal District Courts
33
It contains published opinion after 1932of Federal District courts, which are trial courts.
34
It contains published opinions of Federal District Courts that pertain to the Rules of Civil or Criminal
procedure. These opinions are also found in the Federal Supplement.
35
ALR abbreviate American Law Report
[12]
 CHAPTER – 4

4.1. Analysis

From all above findings of the publication methods of three different countries, it is found
that publication system varies as per the judicial structure of the country. USA has adopted
the federal system of the state provision and the India has the semi federal system and Nepal
has unitary system.

In Nepal, there are 77 districts courts and the 7 high courts and one Supreme Court. The
judgment of the Supreme Court is considered as the precedent. The official publication is
called monthly publication but we cannot see its practice. Nepal doesn't have the system of
the electronic version. Recently, Supreme Court has managed the system of looking cause
list and some matters regarding cases. However, it is not so much sufficient and advanced
too. The unofficial version of publication is not sufficient and not so much reliable too.
Most of the publications only give brief summary of the decision. They lack the issue wise
publication also.

As the India is the semi federal country, 36 in its judicial structure, the Supreme Court is top
on the hierarchical position and the high courts situated on every state but some high courts
have more than one state jurisdiction. And the lower level of courts is district courts with
separate civil and criminal jurisdiction and the Supreme Court has the full authority to
practice judicial process. There are the many publications and the decisions of the Indian
supreme court can be found in the English version which make easier to the foreigner who
don't understand the Indian language. All India Reporter and Madras Law Reports is the
two publisher of the official version.

There are several publications of the case decided by US Supreme Court and other courts on
the USA. The major publications in printed version are the official US Reports, West
Supreme Court Reporter and regional reporters, and lawyer cooperative publishing
company's American Law Reports. To provide the easy access for the researcher, the digest
system published the case law in seven categories. And the most important thing is that the
case can be finding in the electronic version.

All these show that Nepal is still in far backward with regard to case law publication in
comparison to India and USA. It is because Nepal still has not developed the proper
electronic system of case publication. Furthermore, the cases are published only in Nepalese
language which creates a problem for the foreign researchers who are conducting their legal
research in Nepalese cases. However, the case law publication in Nepal is moving towards
the progressive way.

4.2. Conclusion

Case law refers to opinion written by judges which resolve litigated disputes. The Judiciary
regards Case Law as precedent or decided cases. It is primary authority in Legal source. The
Legal Researcher can easily rely on case Law. It fulfills the vacancies of the Legislation. As
we have discussed the importance of case Law but finding case law, locating case law is
equally important task to complete for the legal research.

36
It is mentioned in the preamble of the Indian Constitution.
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In our country there is only one official publication institution which publishes the decision
made by the judiciary. This case law is important authority for the legal research.
Simultaneously we do have some publications which publish in the form of unofficial.
Supreme Court publishes Nepal Kanoon Patrika the case decision made by the Supreme
Court but these are not being published immediately after the decision made by the
Supreme Court. The legal researchers are facing many problems and ultimately they are
bound to seek unofficial version.

These official publication are being published in index form in one series, we can get
different types of decisions in different issues. It may consume long time to find the case.
Therefore Supreme Court should keep in mind the issue of separation of volume in different
issue before the publication. The official publications should be published at issue wise.
Time taking factor is main lacunae of official publication; therefore alternative way shall be
introduced to publish the decision made by the Supreme Court.

This is an age of science and technology, to improve the situation and promote the
efficiency of case law research, Supreme Court should manage for the quick publication
system its decisions and there should be made an effort to develop computerized system for
the case law organization.

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Bibliography

1) Dr. S.R. Myneni, Legal Research Methodology, India, Pioneer Books, Second Edition
Reprint, (2003)

2) Friedmen, W., Legal Theory, India, 1st Reprint, (1993)

3) Dr. H.N. Tiwari, Legal Research Methodology, India, Allahabad Law Agency, 1st
Reprint, (1997)

4) V.D. Mahajan, Jurisprudence Legal Theory, India, Eastern Book Company, (1998)

5) Bonita K. Roberts & Linda L. Schlucter, Legal Research Guide: Patterns and Practice,
Charlottesbille, Virginia, The Michle Company, Second Edition, (1990)

6) Narendra Prasad Pathak, Nazeer Kosh, Kathmandu, Pairavi Prakashan, Part One, (2056)

7) Narendra Prasad Pathak, Nazeer Kosh, Kathmandu, Pairavi Prakashan, Part Two, (2059)

8) Karki, Gauri Bahadur, Nazeer Sangraha, Kathmandu, Pairavi Books and Stationery
Centre, Second Edition, (2059)

9) Pro Public and UNIFEM, Complication of Cases Related to Gender Isues

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11) Nepal Law Society, Kathmandu

12) Gyangun Law Academy, Kathmandu

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Graphic Printers, (2054)

14) http://www.case/Law/Research_Guide_Missippi_State_University_Libraries.htm

15) www.drakelawschool.org/caselawresearchguide.htm

16) http://www.hls/Library Effective Case Law Research.htm

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