Case Research
How to Find Cases Using Digests
Where to Find Cases
Elements of Cases
With thanks to West Publishing for permission to use images and
slides
Finding a Case: Digests
What is a Digest?
1.
a.
b.
c.
d.
Index into published cases (Reporters)
Paragraph - - Rule of Law
Organized alphabetically by topic
Outline
Features of all West Digests
1.
2.
3.
4.
5.
6.
7.
8.
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
Digest Paragraphs
1.Rule
of law embodied in a case
2.Arranged by subject - - key number
3.Within the key number arranged by
jurisdiction
4.Within the jurisdiction arranged by date of
decision
C.A.9 (Ariz) 1989. With regard to statute making it
a felony to bring in an alien making an illegal entry,
an “entry” has not been accomplished until physical
presence is accompanied by freedom from official
restraint. Immigration and Nationality Act, §
274(a)(1), as amended 8 U.S.C.A. § 1324 (a)(1).
U.S. v. Aguilar, 871 F.2d 1436, opinion
amended and superceded 883 F.2d 662, certiorari
denied 111 S.Ct. 751, 498 U.S. 1046, 112 L.Ed2d
771.
Why Bother?
West’s Outline of American Law
400 General Topics organized under
Seven Categories
1.
a.
b.
c.
d.
e.
f.
g.
Persons
Property
Contracts
Torts
Crimes
Remedies
Government
Federal Digests
in the West System
1.
2.
3.
4.
Based on a
Topic/Key Number
Classification
System
Multi-Volume
Topics Organized
Alphabetically by
Name
Key Numbers
within each topic
begin at 1
Key Number System:Topic
Analysis
1.
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.
How do I find a Case on my issue
using a West Digest?
Descriptive Word Index
1.
a.
Identify key legal or factual terms
Analysis or Topic Review
2.
a.
Identify areas of law involved, review list of
West topics and choose appropriate subtopics
therein
One good case method
3.
a.
b.
Locate case in Table of Cases or
Plaintiff/Defendant Table
Determine matching Topic/Key Number
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: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: 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, published
between annual pocket
parts.
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.
Which Digest to Use?
Federal Digest
Regional Digests
1.
2.
a.
State Digests
3.
a.
4.
5.
No current NE, S, or SW
No UT, NV, DE
Check Time Period – Digests are not
cumulative
Subject Digests (e.g., Bankruptcy)
Federal Digests
Federal
1.
a.
b.
c.
d.
e.
f.
Supreme Court Digest
Federal Digest (1754-1938)
Modern Federal Practice Digest
(1939-1961)
Federal Practice Digest 2d
(1962-1974)
Federal Practice Digest 3d
(1975-1983)
Federal Practice Digest 4th
(1983-Present)
State Digests
1.
2.
3.
4.
Illinois Digest - - 1818 to 1938
Illinois Digest 2d - - 1938 to date
Missouri Digest - - 1821 to 1930
Missouri Digest 2d - - 1930 to date
Combined Digests
Comprehensive
1.
a.
Headnotes from all West Case Reporters, Federal and State
b.
Each volume includes Topics/Key Numbers from AZ
Century Digest 1658 - 1896
Decennial Digest
2.
3.
a.
10 year increments 1897 – 1981; 5 year increments
1982 - 1996
General Digest
4.
a.
1 year increments 1991 to present
Which Digest?
1.
2.
3.
4.
5.
Digests correspond to reporters – sort of.
If you are in the federal digest, it will send you
to one of the federal reporters
If you are in a regional digest, you will see
citations to cases in regional reporters (as well
as the parallel cites to the state reporters).
If you are in a state digest, you will see citations
to cases in the state reporters, federal reporter
(for federal cases re that state) and parallel cites
to the regional reporter.
Decennial digests will have cases from all
reporters
Why are you searching for cases?
Stare Decisis and Precedent
1.
a.
b.
A court should follow previously decided
cases (precedent) on the same topic
But…the law can evolve and change
Reporters
1.
So, now you have a list of case citations
from the digest. Where do you find the
cases?
Reporters
Contain published case opinions
Chronological Order
Usually by jurisdiction
1.
2.
3.
a.
The citation tells you in which reporter a case is
published. Also a volume and page #. E.g. 451
F.2d 345
4.
a.
5.
State vs. federal; time period, series
Parallel cites
Use BlueBook blue pages
Official vs. Unofficial Reporters
Official
1.
a.
Published by government authority as a result of
statute
b.
c.
United States Reports – only official federal reporter
States vary
Unofficial
2.
a.
b.
Published by commercial publishers
West is the largest publisher of Reporters
Official Reporters - Federal
Federal Level –
Supreme Court
1.
a.
b.
U.S. Reporter for
Supreme Court
No ‘Official’ Reporter
for lower appellate levels
Lower Appellate Courts
2.
a.
b.
No Official Printed
Reports
Opinions placed in Webbased Databases
West National Reporter System 1887 to present
Federal
1.
a.
b.
c.
Regional Reporters
2.
a.
b.
7 Regions, State cases
Pacific, Southern, North Eastern, Northwestern,
Atlantic, Southwestern, Southeastern Reporters
State Reporters
3.
a.
4.
Supreme Court Reporter
Federal Reporter (Court of Appeals)
Federal Supplement (District Courts)
Use BlueBook blue pages
Subject, e.g, Bankruptcy
Federal Case Reporters
Supreme Court Opinions
1.
a.
b.
c.
Courts of Appeals
2.
a.
Federal Reporter (F., F.2d, F.3d)
District Courts
3.
a.
4.
United States Reports (U.S.)
Lawyer’s Edition (L. Ed.)
Supreme Court Reporter (S. Ct.)
Federal Supplement (F. Supp, F. Supp 2d)
Bankruptcy, Tax etc, see Bluebook blue
pages
West’s Case Reporters
West’s Regional Reporter System
1.
2.
3.
4.
State Appellate
Case Law
ONLY
7 Regions
Each Region
has
Reporter
Most Reporters
in 2nd or 3rd
series
Types of West Case Reporters
Jurisdictional
1.
a.
b.
Federal (e.g. Supreme Court Reporter)
State-based (e.g. Missouri Cases)
Regional
2.
a.
b.
7 Geographic Regions
Unique to West
Topical
3.
a.
b.
E.g. Bankruptcy Reporter
E.g. Federal Rules Decision
More on Cases
Type of Documentation from the court is
determined by the function of the court
Appellate Court
1.
2.
a.
b.
Orders
Opinions
Trial Court
3.
a.
b.
c.
Verdicts (by Jury or Judge)
Rulings and Orders (Judge)
Opinions (Judge) – Federal most often
What gets reported and where?
Appellate Courts (High &
Intermediate)
1.
a.
b.
c.
Printed Reporters: Opinions, Orders
Databases: Westlaw, Lexis, LoisLaw
Court Web Sites: Opinions, Orders
Trial Courts
2.
a.
Court Clerk’s case files: Petitions, Answers,
Subpoenas, Motion, Orders, Briefs,
Discovery materials, verdict forms, jury
instructions, notices, exhibits, etc
Case Publication Cycle - Print
Slip Opinion
1.
a.
b.
Advance Sheet
2.
a.
b.
3.
Single Opinion issued in
Pamphlet Form
Typically ‘Official’
Collection of Opinions
(Pre-binding)
Consistent Numbering
system
Bound Reporter in Print
Series
Case Structure
Case structure and elements remain the
same across publishers and media
1.
a.
b.
c.
d.
e.
f.
Case style (name): Roe v. Wade
Judges names, Attorneys names
Court name
Docket Number
Court/Reporter’s syllabus
Opinion text – concurring and dissenting
West Reporter adds editorial
enhancements
3.
Heading – parallel cite,
Synopsis
Headnotes
1.
Only the opinion is legal authority.
1.
2.
Structure of
Party Names
a Case
1.
Elements of Case
Court
Date of Decision
Publisher’s
Summary
Disposition
Topic Name
U.S. v. Parmelee
Headnote
Headnote Number
Key Number
Strategy
1.
2.
3.
4.
5.
Have research problem. Pull out relevant issues
- list one by one.
Decide on jurisdiction - state or federal issue
Go to most local/narrow digest (e.g., if federal
digest, Federal Practice Digest 4th; if state e.g.,
Iowa Digest.)
If no digest exists for the state or there are no
applicable cases, go to the Regional Digest
covering the state (e.g., West’s Atlantic Digest
2d).
Check older digests. Update with pocket parts,
supplements, Advance Sheets.
Next Class
Next Class
1.
a.
Day, Date
Reading
2.
a.
Researching Cases, Pt. 2
Assignment
3.
a.
TBA