The University of Texas at Austin

Finding Texas law in the Tarlton Law Library

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Prepared by Beth Youngdale

Researching “the law” on a particular topic is generally a multi-step process that involves checking a number of sources - statutes, cases, and, sometimes, administrative rules or regulations. Very rarely is there a simple answer to a legal question or a single book that will provide an answer. Discovering what “the law” is in a given situation means finding the rule that is applicable - usually a statute, or in some instances a case - and then applying the rule to the facts of the situation. Case law is generally used to see how courts have applied the rule in other situations. The key is finding a case with facts that are analogous to your own.

Getting started

Where you start depends largely on what information you already have about the area of law you are researching. If you already have a citation - to a statute or a case - you are, to a certain extent, ahead of the game. Statutes and cases provide excellent jumping off points to additional sources of the law. If you don't have a citation, or are unfamiliar with an area of law, secondary sources are a good place to start. These sources, which are not the law, provide background information, an introduction to the terminology of a particular topic, and valuable citations to primary sources of law (statutes, cases, administrative rules).

What follows is a list of suggested steps for legal research - items to think about as you move through the process of legal research. Titles and locations of sources for each step are included in this document, along with three finding guides for case law.

  1. Secondary Sources - provide background information, context of the law, terminology; give citations to cases, statutes, regulations, other secondary sources.
  2. Statutes - most often the source of the legal rule to be followed; annotated statutes provide citations to cases, secondary sources.
  3. Cases/Digests - provide the rule of law when there is not an applicable statute; cases are also used to help analyze the law and see how courts have applied the rule of law to different sets of facts. Digests serve as a type of index to case law and provide a way to expand research beyond a single case that is on point.
  4. Updating - it is vital in legal research to have the most current information. Legal researchers must update their research as they go the process of legal research.

1. Secondary sources

These sources, which come in a variety of different forms, comment, summarize, and explain the law. Secondary sources are an excellent starting place for researchers who are unfamiliar with a particular subject or those who need to refresh their memories. Through secondary sources, a researcher can learn the vocabulary of an area of law and the context in which that law will be used. Starting a research problem without the necessary background and terminology is most often an exercise in wasted time and effort.

While secondary sources are a terrific way to obtain background information and additional sources, they are not the law. Only very rarely will you cite to a secondary source.

Legal encyclopedia - Texas Jurisprudence, now in its third edition, provides very general background information on different areas of Texas law. It will also provide citations to additional sources in which to do research - cases, law reviews, practice materials.

American Law Reports (A.L.R.) - Although the American Law Reports are national in scope, they can still be helpful for specific state research through the Table of Jurisdictions Represented. Originally published to compete with the West National Reporter System, A.L.R. publishes only “significant” cases. Each case is accompanied by an essay, or annotation, that explains issues raised by the case. In addition to discussing the law, annotations also provide summaries and lists of cases from other jurisdictions dealing with the same issue.

Legal directories - Legal directories provide detailed information about lawyers and law firms. They provide detailed information for those seeking legal services. In the absence of personal referrals, directories serve as a primary resource for business referrals and selection of outside counsel for attorneys in private and corporate practice.

Practice books - Written with practitioners in mind, these sources provide procedural information as well as forms to guide the attorney. As with other secondary sources, do not cite to this material. The titles listed below include commonly used resources, treatises and form books. Titles that serve multiple purposes are listed by their primary use.

Form books - provide examples of different forms for filing before a court. Dorsaneo and Kendrick (above), provide examples of forms.

Jury charges - provide examples of instructions given to juries in addition to notes and comments.

Other sources -

2. Statutes

In Texas, statutes that are currently in force are published in the Texas Codes Annotated or the Texas Revised Civil Statutes Annotated. Texas is in the process of reorganizing its statutes, which is why there are two organizational schemes. Both arrangements contain current law and can be accessed through a single general index to the Texas statutes. The Texas statutes are commonly called Vernon 's (because Vernon used to publish them) or the Black Statutes (because the volumes are black).

The subject matter arrangement of the laws is actually the last step in the legislative process. Prior to being included in Vernon's, the laws are published in an arrangement that is chronological, as they were passed by the legislature.

Texas legislative history -

“The cardinal rule to be observed in any case involving statutory interpretation is that a court must look to the intent of the legislature and must construe the statute so as to give effect to that intent.”

-- Knight v. International Harvester Credit Corp., 627 S.W.2d 382, 384 (Tex.1982)

To do a Texas legislative history:

  1. Determine the bill number and session that enacted the bill.
  2. Examine the original bill file.
  3. Listen to the tape recordings of the public hearings of committee meetings and debate in the House and Senate.
  4. Examine other documents that may be helpful.

-- from Dillehey v. State, 815 S.W.2d 623, 627 (Tex. Crim. App. 1991)

For older laws, legislative history in Texas will probably involve a trip to the Legislative Reference Library in Austin to find all the information you need. However, more and more legal information is available online, and legislative information is no exception. The Texas Legislature now has its own web site that will provide much of the information needed for legislative history research in Texas . Online information begins with the 71st Legislature in 1989. Bill information and history can be found at http://www.legis.state.tx.us/BillLookup/BillNumber.aspx.

3. Case law & digests

Trial courts - In the United States, the trial court initially hears a dispute between litigants. The trier of fact, either the judge or jury, determines which facts presented are true and which are not. The law is then applied to those facts. After the trial court's decision, the issues of fact cannot be appealed absent irregularity of procedure or bias in the fact-finding process – only issues of law can be submitted to the appellate courts.

Intermediate appellate courts - After a ruling by a trial court, an intermediate appellate court will hear any issues of law appealed by one of the parties. Issues of law relate to the way the trial judge applied the law to the facts of the dispute during the trial. The facts themselves are not at issue. Once a ruling has been made, the judge writes an opinion of the decision, which becomes a “case” in the American body of law. The opinion of an appellate court is binding on all lower courts in that jurisdiction.

There are 14 appellate districts in Texas. The Texas Courts of Appeal hear civil and criminal cases.

Courts of last resort - If the losing party still believes that its position is the legally correct one, it may appeal to the highest court in the jurisdiction. Again, the opinion of a court at this level is binding on all courts below it - appellate and trial.

Order of publication -

Finding a case when you have a citation

Having a uniform system of citation allows the reader of a legal document to identify quickly the source of the cited information, where it is located, and the precedential value of that information.

  1. name of the case
  2. volume
  3. reporter
  4. page
  5. court
  6. date
  7. writ or petition history
  8. subsequent action on that case

For example, in the case:

Smith v. Jones, 935 S.W.2d 143 (Tex. App. - Austin 1999, pet. ref'd), cert. denied , 117 S. Ct. 245 (2000).

  1. “Smith v. Jones” is the name of the case. These are the parties involved in the suit. The person, or party, who is bringing the suit is generally referred to as the plaintiff and will be listed first. The person, or party, who is being sued is the defendant and will be listed second. At the appellate level, the party listed first will be the appellant (or petitioner), who appealed the earlier decision. The second party listed will be the appellee (or respondent). So, if the defendant from the trial level appeals the decision of the trial court, he may be listed first in the appellate case.
  2. “935” is the volume number of the reporter in which the case is printed.
  3. “S.W.2d” is the abbreviation of the reporter in which the full text of the court's opinion is printed.
  4. “143” is the first page of the opinion.
  5. “Tex. App. - Austin” is the court that heard the case, in this instance, the Texas Court of Appeals in Austin .
  6. “1999” indicates the year in which the case was decided.
  7. “pet. ref'd” is the petition history of the case. This means that the Texas Supreme Court decided not to review the lower court's decision. In Texas , the petition history of a case has precedential value. For example, “pet. ref'd” indicates that the supreme court believes that the judgment of the court appeals was correct and the principles of law were correctly determined.
  8. “cert. denied , 117 S. Ct. 245 (2000)” is the subsequent history of the case, or what happened to the case on appeal. Here, the United States Supreme Court declined to hear the case on appeal after the Texas Supreme Court decided not to review the Court of Appeals holding. The denial of certiorari can be found on page 117 of the Supreme Court Reporter on page 245 and happened in 2000.

Most citations make extensive use of abbreviations. The following are some common examples for Texas cases.

Finding a case when you do not have a citation

When looking for a case by party name, one important piece of information is the jurisdiction of the court that heard the case. Knowing whether the case is a state case (and the state that heard it) or a federal case, will help you decide which source to use in your research.

Finding cases about a particular area of law (digests)

Digests provide subject access to all reported cases. A digest is both a subject index and a topical outline of case law. In the main volumes of the digests, brief summaries of legal issues discussed in cases are arranged topically. These brief summaries are also called “squibs.” Each squib is assigned a topic within the West digest system. Topics are then divided into subtopics that are assigned “key numbers.” The squibs with their assigned topics and key numbers are used as headnotes in cases in West's reporter sets. Headnotes simply summarize the different points of law in a case and give the researcher an indication of which part of the court's opinion will be relevant to the issue the researcher is researching. The headnotes in cases, with their topics and key numbers, can be used, in conjunction with the digests, to find other cases on the same subject. West Publishing is the major publisher of digests that cover all federal and state jurisdictions as well as some topical areas. The topics and key numbers are the same in all the West digest systems.

Components of the digest - Main volumes contain case squibs (headnotes from cases) arranged alphabetically by topic.

Finding tools:

Finding cases in the West digests:

  1. Main Volumes - If you have a case you know is on point, use topics and key numbers from that case's headnotes to find other relevant cases in the main volumes of the digest.
  2. Descriptive-Word Index - West suggests that before you begin your search of the Descriptive-Word Index you analyze the problem to be searched and determine the following information:
    • parties involved;
    • places where the facts arose, & objects or things involved;
    • acts or omissions that form the basis of action or issue;
    • defense to the action or issue; and
    • relief sought.
  3. Topical Analysis - At the front of each topic section is an outline with a breakdown of the topic and the key numbers that correspond to each sub-topic. Don't underestimate the value of scanning through these outlines to see what key numbers may apply. This may be an additional step to use after consulting the Descriptive-Word Index which has helped you focus on a particular topic.

To make sure that you have the most recent cases, check the pocket part for the volume of the digest you are using and check any cumulative paper supplements that are available for the digest set you are using.

Administrative law

Rules and regulations - State agencies operate in much the same way that federal agencies do. Given the authority by legislative action, agencies promulgate rules that help with the practical implementation of the laws passed by the legislative body of the state.

Texas attorney general - The attorney general is charged with, among other things, defending the constitution and laws of Texas and representing the state in litigation. Part of fulfilling these responsibilities involves serving as general counsel for the governor, the legislature, and the agencies of the state. As provided by statute, the attorney general issues letter opinions when requested by officers and agencies of the state.

An Opinion Committee responds to requests from state officials for official opinions regarding different issues. These opinions, while not binding, are considered very persuasive by Texas courts when interpreting state laws.

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