Legal Research: Finding the
Law: Using Case Digests
© Professor N. Mathis Rutledge
Legal Research
 Goals in legal research –
– Find primary authority
– Find binding precedent
 Primary authority – cases, statutes,
constitutions, regulations
There’s More Than One Way to
Find Primary Law
 You can find primary
law by using:
 Secondary sources
 Case Digests
 Statute annotations
 Shepard’s Citations
 Electronic
Commercial Services
 Internet
Where to Start?
 It depends on what you know?
 Do you have a case name or citation?
 Do you have a topic and key number?
 Are you starting from ground zero?
Caveat for Secondary Sources
 A secondary source is not primary authority,
it is secondary authority.
 A secondary source is commentary on the
law
 Don’t use analysis in secondary sources as a
crutch for your own analysis
 Secondary source is a wonderful starting
point for legal research. It is not the ending
point.
Primary versus Secondary Law
 Secondary law is commentary on the law
 It is not binding on the court, but may be
persuasive
 Some secondary sources are more
respected than others
 Restatements, treatises, law review
articles versus CJS or AmJur
Key to Using
 Begin with the index or table of contents
(sometimes separate volume)
 Locate material in main text
 Update research - using supplement or
pocket part - separate volume, or
softbound volume located in back of book
Using Case Digests
The Case: See Sample
 Citation
 Case name/title
 Docket Number
 Court
 Date
 Synopsis
 Headnotes
 Judge’s Name
Headnotes in a Case
Headnote 2
 Headnotes appear before the
text of every case in the
National Reporter System.
 A headnote is a paragraph
summary of a single point of
law discussed in the case.
 Headnotes appear in the order
the points of law are discussed
in the case.
Headnote 1
Headnotes and Key Numbers
The point of law discussed in each headnote is
assigned to at least one West topic number and key
number.
Case Digests
 Subject index for cases
 Contains abstracts of cases
 Divided by jurisdiction and subject matter
West’s Key Number Digests

The headnotes from every reported case in the National
Reporter System are organized by topic and key number
in West’s Key Number Digests. Headnotes become digest
paragraphs.

There are
– federal, state, and regional digests
– special-subject digests
– digests that cover specific periods of time
West’s Key Number Digests
 Using an on-point key number,
you can find similar headnotes
from other cases in any National
Reporter System publication.
Digests
Key Numbers and Key Number Digests
 West’s Key Number Digests are the research link between
Key Numbers and the National Reporter System cases.
 The digests contain the headnotes (digest paragraphs) and
their corresponding topic and key numbers from every set
of cases in the National Reporter System.
 The headnotes (digest paragraphs) are
organized first alphabetically by topic and then
numerically by key number.
Key Number Digests
Digest sets include:




State digests
Regional digests
Federal Practice Digest
Specialty subjects, such as Bankruptcy, Military Justice,
Federal Claims, and Education Law digests
 Decennial digests, which contain all headnotes from cases
for each 10-year period beginning with 1897
 The Century Digest, which contains headnotes from cases
from 1658 to 1896
West’s Key Number Digests
Each digest series spans many volumes and is organized first
alphabetically by topic then numerically by key number.
Digests
 This is a page from the
Minnesota Digest
 Listed are all the
headnotes (digest
paragraphs) from
Minnesota cases that
discuss the points of law
assigned to specific key
numbers 8, 2, 9, and 12
under the topic of
Abatement and Revival.
Topic Lists in Print Digests
Browsing the Topic Hierarchy
 Use the alphabetical Digest
Topics list
at the beginning of each print
digest
volume as a table of contents.
 Check the key numbers under
the
topics that seem most
relevant.
5.
1.
4.
4
Digests
National Reporter System
Constitutional Law
3.
3
2.
Headnotes
Topic and Key Number System
1. Cases are printed in the National Reporter System reporters.
2. Each point of law discussed in a case is summarized in a headnote.
3. The point of law in each headnote is assigned a key number(s).
4. Digests organize all headnotes (digest paragraphs) by key number.
5. The key number in a digest is used to find other relevant cases.
The West Topic and Key Number System
 is an extensive outline of the entire body of case
law in this country.
 is an index to the entire National Reporter
System, helping you more easily locate cases
with similar legal issues in any jurisdiction.
 is a classification system with at least one topic
and key number assigned to each point of law.
The West Topic and Key Number System
 divides the law into approximately 400 broad digest
topics.
 breaks down each topic into subheadings
 contains approximately 100,000 specific key numbers
 The topic are arranged
alphabetically and numbered
between 1 and 450.
 Each topic addresses a broad
legal issue.
 Some topics have been added
after the original 414 topics
were assigned numbers.
– See, 48A Automobiles
– See, 48B Aviation
 Other topics have been
eliminated or renamed
Topics and Key Numbers
92 Constitutional Law (Topic)
92V Personal, Civil and Political Rights (Subheading)
92k90 Freedom of Speech and of the Press
92k90.1 Particular Expressions and Limitations
92k90.1(1.2) k. Election Regulations
(Specific Key Number)
 Each topic is broken down into subheadings.
 There can be as many as eight levels in the topic and key
number hierarchy.
 This process continues until further breakdown of a
legal issue is unproductive and a specific key number is
assigned. See, 92k90.1(1.2), above.
Topics, Subheadings, and Key
Numbers
 This is a breakdown of
subheading 90.1 (Particular
expressions and limitations)
under the Constitutional
Law topic and subheading
V. (Personal, Civil and
Political Rights) in the print
version of the digest.
 92k90.1(1.2) is the specific
key number dealing with
Election regulations.
Example
 Research on quashing an indictment
because court lacks jurisdiction
 DWI – Indictment & Information
– JURISDICTION of court. Ind & Inf 6, 38
– This is referring me to Indictment &
Information topic (abbreviated as Ind & Inf)
and key numbers 6 & 38
Where to Start?
 It depends on what you know?
 Do you have a case name or citation?
 Do you have a topic and key number?
 Are you starting from ground zero?
Case Citation
 Citation – go to the reporter service and
review the case
 Find the headnotes. The headnotes will
identify relevant topics & key numbers
 Can lead you to additional sources
Case Name
 Do you know the jurisdiction?
 Go to the digest
 Every digest has a Table of Cases volume
 List correct citation to the case and relevant
topic and key numbers
Searching by Topic
 If you have a topic already
– From the Descriptive Word Index, case,
secondary source
 Go to the relevant volume, look at the
overview section and review subject list &
outline of key numbers
 Not the best way to begin, but a good way
to double check research
Other Digests
 West is not the only publisher of Digests.
Lexis publishes a digests for Supreme Court
decisions
 Lexis does not use key number system
 Can use like an index
Starting from Ground Zero
 Brainstorm, consider different search terms
 Know your goal: Find binding primary
authority; if unavailable find persuasive
primary authority
 Know your jurisdiction
 Use the Descriptive Word Index (DWI)
Knowing your jurisdiction
 Are you looking for federal or state law or both?
 State issue: state materials in library in
alphabetical order, includes digests
 State & regional digests (library does not have
regional digests)
 Federal issue – Federal Practice Digest, Supreme
Court Digest
 Both – General Digest, Decennial or Century
Digests
Descriptive-Word Index
 Located at the end
 Every digest has one
 Can also help in researching codes and
secondary materials
 Use when you have no cites
 Unhelpful if you haven’t brainstormed
Descriptive Word-Index
 Look up the subject
 Find a list of abbreviations, corresponding
to topic & key numbers, and cross
references
 Once locate relevant topic & key numbers,
go to main volume
Descriptive Word Index
 When classifying points of law and assigning to key
numbers, West attorney-editors choose words that
describe the important facts and legal issues
 These fact and issue words are arranged alphabetically
in the Descriptive Word Index volumes of the digest.
 The Descriptive Word Index refers you to
relevant topic and key numbers.
Descriptive Word Index
 Ask, “What words describe the pertinent facts of the
case or legal question involved?”
 Most descriptive words fall into one of five categories
of elements common to every case:
– Parties or facts
– Places and things
– Issue or basis of action
– Defenses
– Relief sought
Descriptive Word Index
 Example: John Landlord failed to replace a light
bulb in the hallway of one of his apartment
buildings. Jane Tenant failed to see a step and fell
down a flight of stairs. She is suing John for
damages.
 You might start by checking in the index under
landlord, tenant, apartment, common area, or
premise liability. At least one of these entries will
probably lead you to key numbers assigned to
headnotes in cases that discuss the same or similar
issues.
Now have a topic & key number
 After locating topic & key numbers, check
the pocket part
– Any new entries?
 Once you have a list of topics and key
numbers, go to the digest volumes
 Volumes are in alphabetical order, key
numbers are in numerical order
 Don’t forget the pocket parts
Using a Known Key Number
in Print Digests
 Go to a print digest covering the
appropriate jurisdiction and find the
volume containing the topic.
 The digest paragraphs are
arranged in numerical order under
the topic.
 All headnotes (digest paragraphs) from
all cases discussing the point of law
assigned to that key number are listed
along with citations to the originating
cases.
Let’s Try It