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Unfortunately, court records tend to be difficult to use. The records are usually not well-indexed, there are many records, court names and jurisdictions changed, and they use many legal terms and abbreviations. To interpret court records you may need to consult a dictionary, such as: | Unfortunately, court records tend to be difficult to use. The records are usually not well-indexed, there are many records, court names and jurisdictions changed, and they use many legal terms and abbreviations. To interpret court records you may need to consult a dictionary, such as: | ||
Black, Henry Campbell. ''Black's Law Dictionary''. 6th ed. St. Paul, Minnesota: West Publishing, 1990. (Family History Library book 340.03 B564L 1990.) | Black, Henry Campbell. ''Black's Law Dictionary''. 6th ed. St. Paul, Minnesota: West Publishing, 1990. (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=736552&disp=Black%27s+law+dictionary%20%20&columns=*,0,0 book 340.03 B564L 1990].) | ||
Evans, Barbara Jean. ''The New A to Zax: A Comprehensive Genealogical Dictionary for Genealogists and Historians''. 2nd ed. Champaign, Illinois: B.J. Evans, 1990. (Family History Library book 973 D26e.) Gives archaic, occupational, and legal definitions. Includes a list of nicknames. | Evans, Barbara Jean. ''The New A to Zax: A Comprehensive Genealogical Dictionary for Genealogists and Historians''. 2nd ed. Champaign, Illinois: B.J. Evans, 1990. (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=530737&disp=The+new+A+to+Zax%20%20&columns=*,0,0 book 973 D26e].) Gives archaic, occupational, and legal definitions. Includes a list of nicknames. | ||
There are three main types of legal cases you may find in court records. | There are three main types of legal cases you may find in court records. | ||
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'''Criminal.''' These involve the violation of laws in which society is or may be harmed, such as drunk driving, theft, or murder. In these cases, the state (or "the people") file suit against the defendant. Serious crimes are felonies. Minor crimes are misdemeanors. | '''Criminal.''' These involve the violation of laws in which society is or may be harmed, such as drunk driving, theft, or murder. In these cases, the state (or "the people") file suit against the defendant. Serious crimes are felonies. Minor crimes are misdemeanors. | ||
The Nebraska State Historical Society offers an online index to [http://www.nebraskahistory.org/databases/prisoners.shtml Nebraska Prison Records, 1870-1990] that has been compiled from Nebraska Board of Pardons and Parole registers and includes prisoners from the state penitentiary as well as both the men's and women's reformatories. It only contains the names of those inmates who appeared before the Board of Pardons and Paroles, however, and thus is not a complete listing of prisoners. | The Nebraska State Historical Society offers an online index to [http://www.nebraskahistory.org/databases/prisoners.shtml Nebraska Prison Records, 1870-1990] that has been compiled from Nebraska Board of Pardons and Parole registers and includes prisoners from the state penitentiary as well as both the men's and women's reformatories. It only contains the names of those inmates who appeared before the Board of Pardons and Paroles, however, and thus is not a complete listing of prisoners. | ||
The United States has a dual judicial system. The federal (national) courts only try cases involving violations of the U.S. Constitution or federal statutory law. These are usually criminal cases. | The United States has a dual judicial system. The federal (national) courts only try cases involving violations of the U.S. Constitution or federal statutory law. These are usually criminal cases. | ||
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Three federal circuits were established to cover the whole country in 1789. The number gradually expanded to nine by 1866. Federal circuit courts had jurisdiction over all matters (especially criminal) covered by federal law. They also had some appellate functions from the district courts. In 1891, U.S. circuit courts of appeal were created to hear appeals from the district courts. They had the same boundaries (or circuits) as the circuit courts. The original circuit courts retained limited powers that often overlapped those of the district courts. In 1911 the original circuit courts were abolished. | Three federal circuits were established to cover the whole country in 1789. The number gradually expanded to nine by 1866. Federal circuit courts had jurisdiction over all matters (especially criminal) covered by federal law. They also had some appellate functions from the district courts. In 1891, U.S. circuit courts of appeal were created to hear appeals from the district courts. They had the same boundaries (or circuits) as the circuit courts. The original circuit courts retained limited powers that often overlapped those of the district courts. In 1911 the original circuit courts were abolished. | ||
To learn more about federal courts and their records of genealogical value, see ''The Archives: A Guide to National Archives Field Branches'' (described in | To learn more about federal courts and their records of genealogical value, see ''The Archives: A Guide to National Archives Field Branches'' (described in [[Nebraska Archives and Libraries | Archives and Libraries). | ||
=== State and Local Courts === | === State and Local Courts === | ||
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Some states and counties are microfilming their early court records or gathering them to central locations, such as the state archives. Most court records, however, are still at the local courthouses. You can usually request photocopies or search the indexes or dockets for the time period and surnames you need and, after obtaining a case file number, request photocopies of the complete case file. | Some states and counties are microfilming their early court records or gathering them to central locations, such as the state archives. Most court records, however, are still at the local courthouses. You can usually request photocopies or search the indexes or dockets for the time period and surnames you need and, after obtaining a case file number, request photocopies of the complete case file. | ||
Some court records and indexes have been printed. These are often summaries or abstracts of the records rather than the complete records | Some court records and indexes have been printed. These are often summaries or abstracts of the records rather than the complete records. | ||
The Family History Library has copies of many of the published records and indexes. The library also has microfilm copies of indexes, minutes, dockets, and orders from many local courthouses. The library does not generally acquire copies of the complete case files or packets. You can find further information about court records in research outlines available for each state. The holdings of the Family History Library are normally listed in the | The Family History Library has copies of many of the published records and indexes. The library also has microfilm copies of indexes, minutes, dockets, and orders from many local courthouses. The library does not generally acquire copies of the complete case files or packets. You can find further information about court records in research outlines available for each state. The holdings of the Family History Library are normally listed in the Place Search of the Family History Library Catalog under one of the following: | ||
[STATE] - COURT RECORDS | [STATE] - COURT RECORDS | ||