Legal Research 4

Cases and Digests

Homework: Issues?

Is a provision which requires marriage as a

condition of inheritance valid Colorado?
If a man and a woman who have lived
together for ten years, will either party
need to go through the divorce proceeding
under the common-law-marriage in order to
marry a third party?
Can a trial judge keep spectators from
wearing clothing that may influence the jury?

Can a toy manufacturer be held liable

for injuries caused by the use of the toy
by the children who are under the age
for which the toy was designed?
Does the statute of limitations begin
when the injury is sustained or
discovered?

Court Systems: Authoritative Texts

Type of Literature is determined by function of court

Appellate Court
Orders
Opinions
Trial Court
Verdicts (by Jury or Judge)
Rulings and Orders (Judge)
Opinions (Judge) Federal most often

Sources of Legal Obligation to

Publish Court Opinions: court rules &
case law

U.S. Ct. of App. 5th Cir. Rule 47

Ohio Revised Code, Supreme Court Rule
2

What Kind of Court Opinions Should

be published?
1.

2.
3.
4.
5.
6.

establishes a new rule of law, or alters or modifies an

existing rule of law, or applies an established rule to
a novel fact situation;
creates or resolves a conflict or authority either
within the circuit or between this circuit and another;
discusses a legal or factual issue of continuing public
interest;
is accompanied by a concurring or dissenting opinion;
addresses a lower court or administrative agency
decision that has been published; or,
is a decision that has been reviewed by the United
States Supreme Court.

Where are court documents?

Appellate Courts (High &

Intermediate)

Printed Reporters: Opinions, Orders

Databases: Westlaw, Lexis, LoisLaw
Court Web Sites: Opinions, Orders

Trial Courts

Court Clerks case files: Petitions, Answers,

Subpoenas, Motion, Orders, Briefs,
Discovery materials, verdict forms, jury
instructions, notices, exhibits, etc

Early Publishers

Governments (Non-commercial)
Commercial

John West West publishing

Office Supply Salesman

Observed growing concern of attorneys unable
to read exploring case volume
Began syllabi of Minnesota case law
National Reporter System (1887 present)

Commercial publishers quickly eclipsed

governmental - speedier

Official and Unofficial

Official Reporter = Published or

Recognized as a result of statute

First ones nationally for the States were

MA, NY and KY in early 1800s

Unofficial Reporter = Published by

Commercial or Nonprofit entity, not as a
result of an enacted law
Not all jurisdictions have or had official
reporters

And the Winner is.

West Publishing: The 800 lb Gorilla

Westlaw
Treatises / Hornbooks / Nutshells
Encyclopedias
Casebooks
Opinions
Statutes

Types of West Case Reporters

Jurisdictional

Topical

Federal (e.g. Supreme Court Reporter)

State-based (e.g. Missouri Cases)
E.g. Bankruptcy Reporter
E.g. Federal Rules Decision

Regional

7 Geographic Regions
Unique to West

Wests Case Reporters

Wests Case Reporters

Case Publication Cycle - Print

Slip Opinion

Advance Sheet

Single Opinion issued

in Pamphlet Form
Typically Official
Collection of
Opinions (Prebinding)
Consistent
Numbering system

Bound Reporter in
Print Series

Structure of
Party Names
a Case

Elements of Case
Court
Date of Decision

Publishers
Summary

Disposition

U.S.
v. Parmlee

Topic Name

Headnote

Headnote Number

Key Number

Westlaw: Headnote contents

in the text

LexisNexis Cases Editorial

Enhancements

Case Summary (Written by Editors)

Procedural Posture: tells you how the case came before the court
Overview: sets out the material facts, issues, any controlling
citation, and the resolution and rationale of the case
Outcome: how the court ruled in the case

Core Terms
Headnotes (quotes from the case)

Consise statements indentifying the key legal issues addressed by

the court
Selected by LexisNexis editors
Even though use the courts language, still do not cite to the
headnote.

Federal Court System

U.S. Supreme Court
U.S. Court of Appeals
12 Circuits
94 District
Courts
including 3
territorial
courts (Guam,
Northern
Mariana, Virgin
Islands)

U.S.
Tax
Court

U.S. Court of Appeals

for the Federal Circuit
U.S.
Court
of
International
Trade

U.S.
Claims
Court

U.S. Court of
Military Appeals

U.S.
Court
Of
Veterans
Appeals

Army,
Navy,
Marines,
Air Force
Coast
Guard
Courts of
Military
Review

13 Fed. Judicial Circuits

Supreme Court Opinions:

Where are they?

Official Reporter

Commercial Reporters (Print and Digital)

U.S. Reports
Supreme Court Reports (WEST)
Lawyers Edition (LEXIS)

Digital Online

Web Multiple Sources

Unofficial Reporters Federal:

West Publishing

Federal Level
Supreme Court

Supreme Court
Reporter (West)
Began in 1882 (Vol
106 of U.S. Reports
forward)

West Reporters - Federal

Federal Lower
Appellate Courts

Federal Reporter
Three Series: 1st v.1-300
(1880-1924), 2d. V.1-999
(1925-1987), 3rd v.1-530
(1988-2008)
Includes opinions from all
13 Federal Circuit Courts

Trial Courts

Federal Supplement

Official Reporters - States

States

1804
Massachusetts, New
York and Kentucky
passed laws
authorizing
publication of Official
Case Reporter
Commercial
publisher (West
Publishing)
designated official
in some states

Wests Regional Reporter System

Regional Reporter System

State Appellate
Case Law ONLY
7 Regions
Each Region has
Reporter
Most Reporters
in 2nd or 3rd
series

West Reporters State Cases

Regional Reporters

Collections of state
appellate cases from
a region
Chronologically
printed and compiled

Individual State
Reporters

West extrapolates
out cases from a
particular state in
separate publication

Review

United States Reports

(Official)

Supreme Court Reporter

(West)

Review

Review Federal Trial

(District) Courts

Review:State
Court Opinions

Finding a Case: Digests

What is a Digest?

Containing Headnote
summaries from West Case
Reporters
Organized Alphabetically by
Subject in an Outline form
A Multi-Volume series

U.S.
v. Parmlee

Wests American Digest

System

Types of Digests

Decennial
General
Federal
Regional (e.g. Northeastern)
State (e.g. Missouri Digest)
Subject (e.g. Bankruptcy Digest)

Digests for all West Reporters

Scope of Digests: Decennial

10 years of Headnotes from all
West Case Reporters, Federal
and State

First Decennial
Second Decennial
Third Decennial
Fourth Decennial
Fifth Decennial
Sixth Decennial
Seventh Decennial
Eighth Decennia
Ninth Decennial, pt. 1
Ninth Decennial, pt. 2
Tenth Decennial, pt. 1
Tenth Decennial, pt. 2

1897-1906
1907-1916
1916-1926
1926-1936
1936-1946
1946-1956
1956-1966
1966-1976
1976-1981
1981-1986
1986-1991
1991-1996

Scope of Digests: General

Compilation of Headnotes from

all West Reporters since last
Decennial (Federal and State)
Published Irregularly
Cumulates in and Superceded by
new Decennial Digest
Each volume includes Topics/Key
Numbers from A-Z

Scope of Digests: Federal

Supreme Court Digest

Federal Digest (-1938)
Modern Federal Practice Digest
(1939-1961)
Federal Practice Digest 2d
(1962-1974)
Federal Practice Digest 3d
(1975-1983)
Federal Practice Digest 4th
(1983-Present)

Scope of Digests: Regional

(State Court Cases)

Correspond to a Regional
Reporter
Pacific Reporter > Pacific Digest
Four Regional Digests now
current

Atlantic
North Western
South Eastern
Pacific

Scope of Digests: State

Digest for every state except

Delaware, Nevada and Utah
Many in 2nd series
Starting point of Coverage will
vary with State

Features of all West Digests

Topic-based Organization
Scope Note describing Topic
Analysis and Topic Outline
Table of Cases
Descriptive Word Index
Defendant-Plaintiff Table
Supplementation for Currency
Words & Phrases

How do I find a Case on my

issue using a West Digest?

Descriptive Word Index or Words &

Phrases Index

Analysis or Topic Review

Identify key legal or factual terms

Identify areas of law involved, review list of
West topics and choose appropriate
subtopics therein

One good case method

Locate case in Table of Cases

Determine matching Topic/Key Number

Wests Outline of American

Law

450 General Topics organized under

Seven Categories

Persons
Property
Contracts
Torts
Crimes
Remedies
Government

Key Number System:Topic

Analysis

Topics, from Abandoned and Lost Property to

Zoning and Planning, are arranged
alphabetically in digest sets.
Abandoned and Lost Property
Abatement and Revival
Abduction
...Woods and Forests
Workers Compensation

Zoning and Planning

Key Number System:

Topic Analysis

Each topic is subdivided into many

subtopics, which represent specific
points of law. Each point of law is
assigned a Key Number
There are over 400 legal topics
and over 95,000 Key Numbers
assigned to sub-topics

Key Number System:Topic Analysis

III. IMMIGRATION,

39-59.

Key Number System:

Topic Analysis
ALIENS
III. IMMIGRATION.
55. Offenses against immigration laws.
56. Unlawful entry, importation and
harboring.
57. Liability of vessel, owner, or
master.

key Number System:

Topic Analysis
C.A. 7 (Ill.) 1994. To convict defendant for
transporting illegal aliens, Government must prove
beyond a reasonable doubt not only that defendant
knew alien being transported had entered country
in violation of immigration law, but also that defendant
knowingly transported alien to further that violation.
Immigration and Nationality Act, 274(a)(1)(B), 8 U.S.C.
(1988 Ed.) 1324(a)(1)(B).
U.S. v. Parmelee, 42 F.3d 387, rehearing denied and
suggestion for rehearing denied, certiorari denied
Sobiecki v. U.S., 116 S.Ct. 63, 133 L.Ed.2d 25,
certiorari denied Brozek-Lukaszuk v. U.S.,
116 S.Ct. 63, 113 L.Ed.2d 25.

Key Number System:

Descriptive Word Index
Aliens
Descriptive Word
Index
A- E

Key Number System:

Descriptive Word Index

TRANSPORTING illegal aliens, ALIENS 56

Key Number System:

Descriptive Word Index

Key Number System: Updating

Digest Main Volume

Digest
Pocket Parts

Digest
Interim Pamphlets

Digest Sections in Reporter

Advance Sheets

Key Number System:Updating

Digests are updated
annually by pocket parts.
Pocket parts contain case
headnotes more current than
those in the digest main
volume.

Key Number System :

Updating
Digests are brought further
up-to-date by
supplementary interim
pamphlets (quarterly),
published between annual
pocket parts (annually).
Interim pamphlets contain
headnotes more current than
those in the main volume or
pocket part.

Key Number System:

Updating
For headnotes from the
most recent cases, check the
advance sheets issued after
the close of the last interim
pamphlet.
Each case reporter advance
sheet has a section entitled
Key Number Digest,
which contains the
headnotes from each case
included in the advance
sheet, arranged by topic and
key number.

Update Print Digest Research Procedure

1.
2.

3.

4.

Check the pocket part for the subject volume.

Check any cumulative or noncumulative interim
pamphlets at the end of the digest set.
Check the closing table on the inside front
cover of the most recent interim pamphlet.
1.
If no interim pamphlet, check the closing
table on the inside front cover of the pocket
part.
If necessary, check the mini-digests in the back
of each reporter volume published after the
latest volume listed in the closing table.

Case Law in Digital Media

Lexis (1970s-)
Westlaw (1970s-)
Web Governmental/Educational Providers
(1994 Present)

Federal Court Links: http://www.uscourts.gov

Cornell Legal Information Institute
State Court Locator

Web Low-cost Commercial Providers

Loislaw
VersusLaw

State Digests

The Bluebook: A Uniform Legal

Citation System

Quick Reference:
Jackson v. Metro. Edison Co., 348 F. Supp. 954,
956-58 (M.D. Pa. 1972), affd, 483 F.3d 754 (3d
Cir. 1973), affd, 419 U.S. 345 (1974).
Administrative Procedure Act 6, 5 U.S.C. 555
(1994).
Deborah L. Rhode, Justice and Gender 56 (1989).

State v. Echols, 175 Wis.2d 653, 680, 499

N.W.2d 631, 640 (Wis. 1993), cert. denied ,
510 U.S. 899 (1993).

Assignment 3: Cases and Digests

Hypo 1 for Section 1, Hypo 2 for

Section 2
To use state or general digests to find
cases you need and use the case
citations to find the cases in regional
reporters
For proper citations, use Bluebook Rule
10 and Table 1.

For Next Class: update cases

If you have a laptop with wireless card

or cable, please bring it to the next
class.
Bring your Westlaw & Lexis ID Cards.
If you dont have a laptop, you have to
sit next to someone who has a laptop.