THE TOPIC AND KEY NUMBER SYSTEM®
INSTRUCTIONAL AIDS SERIES
West’s Instructional Aids Series
Contents
• Introduction to the Doctrine of Precedent, the National Reporter
System®, Headnotes, the Key Number System and the Key Number
Digests
• The Topic and Key Number System
• Key Number Digests
• Finding and Using Relevant Key Numbers
• KeySearch
Introduction
Introduction
The Doctrine of Precedent
• Precedents are prior cases in the jurisdiction that are
close in fact or legal principles to the case in
consideration.
• The doctrine of precedent dictates that decisions
reached in previous cases in the jurisdiction dealing
with the same or similar issues should be followed,
unless there is a good reason to deviate.
Introduction
The Doctrine of Precedent
• The doctrine of precedent is founded on a sense of
fairness and the belief that decisions should be
consistent and not arbitrary so that the legal
consequence of conduct can be predicted.
• This doctrine explains the attorney’s need for access
to prior cases in the jurisdiction dealing with the same
or similar issues.
Introduction
National Reporter System, Headnotes,
Key Number System and the Key Number Digests
The National Reporter System
is the name given to the entire
group of publications that report
both state and federal cases
decided throughout the country.
Some reporters cover specialty
topics, such as bankruptcy.
Introduction
Headnotes in a Case
• 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.
Introduction
Headnotes (Digest Paragraphs)
• Headnotes are prepared by West attorney-editors using
– consistent and current legal terminology instead of ambiguous,
regional or outdated words
– descriptive terms instead of proper names
• Language of Opinion
- Mr. Brown or plaintiff
- Tylenol or Bufferin
- tipsy or inebriated
Language of Headnote
- landlord
- aspirin
- intoxicated
The headnotes help you retrieve many online cases that you would
otherwise miss.
Introduction
Headnote and Key Number
The point of law discussed in each headnote is
assigned to at least one West topic number and
key number.
Introduction
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
Introduction
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.
• Each headnote in a digest cites, and
on Westlaw® links, to the case in
which the headnote appears.
5.
4.
1.
Digests
National Reporter System
3.
2.
3
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 Topic and Key Number System
The Topic and Key Number System
Headnotes and the Topic and Key Number System
• When West receives an opinion from the court, a West attorneyeditor identifies the points of law discussed in the case.
• Each point of law is summarized in a headnote.
• After carefully analyzing the point of law that the headnote
discusses, the West attorney-editor assigns the headnote to at
least one key number in the West Topic and Key Number
System.
The Topic and Key Number System
Headnote Number (2)
Topic Number (92)
Key Number 90.1(1.2)
Headnote
This headnote summarizes the second point of law
discussed in this case on Westlaw. The headnote is assigned
to key number 90.1(1.2) under Topic 92 (Constitutional Law).
The Topic and Key Number System
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 Topic and Key Number System
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
Topics
• 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 (e.g., West attorney-editors no
longer use topic 3).
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.
Currentness of Topics
Topics or portions of topics are added, renamed,
expanded, contracted, merged, or eliminated as law,
society, and political sensitivity dictate.
• Insurance topic was reorganized in 1998; Negligence topic was
reorganized in 1999
• RICO topic was added in 1990; Sentencing topic was added in 2000
• Drunkards topic became inactive in 1978 and all new cases were
classified under a new topic, Chemical Dependents. The new topic also
contains some issues that were previously categorized under Drugs
and Narcotics
• Insane Persons topic was renamed Mental Health
Currentness of Key Numbers
Key numbers are added, renumbered, or transferred to other
topics as law, society, and political sensitivity dictate.
• What was once a specific key number may be expanded over
time to provide deeper analysis of a growing area of the law.
• Translation tables in print volumes aid in moving between the old
and new classifications.
• On Westlaw, a “Formerly” line is added to key numbers that have
changed so you can search by old or new key number. (See
below.)
Think of the topic and key number as an address:
– Each street in the city represents a digest topic.
– There are many houses on each street and each
house has its own number.
– In order to find a particular house, you must know
both the street name (topic) and the house number
(key number).
Key Number Digests
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.
Digests
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
Digests
West’s Key Number Digests
Each digest series spans many volumes and is
organized first alphabetically by topic then numerically
by key number.
Finding and Using Relevant Key Numbers
Topic Lists in Print Digests
Browsing the Topic Hierarchy
• Use the alphabetical Digest Topics list
beginning of each print digest
table of contents.
• Check the key numbers under the
that seem most relevant.
at the
volume as a
topics
West’s Analysis of American Law
Browsing the Topic Hierarchy
West’s Analysis of American Law lists all the topics
and the specific key numbers with the title given to
each key number.
Constitutional Law TOPIC NO. 92
90.1– Particular Expressions and Limitations
(1.2) Election Regulations
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.
Finding Relevant Key Numbers in Print
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
Finding Relevant Key Numbers in Print
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.
Secondary Sources’ Library References in Print and on Westlaw
Reference to a constitutional
law key number for an Am Jur® 2d
(American Jurisprudence) section on
Westlaw.
Reference to relevant constitutional
key numbers in an ALR®
(American Law Reports)
article on Westlaw.
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.
Using a Known Key Number in a Westlaw Search
If you know the key number before you sign on to Westlaw:
•
chose either a case law or a headnote (digest) database,
•
enter the key number as your Terms and Connectors query:
92k90.1(1.2)
•
The “k” makes the term unique. You will retrieve only
documents containing the key number.
•
You can require that certain words be in the same paragraph
as the key number to customize your search:
92k90.1(1.2) /p speech
New Feature – Key Number Search
• Use the “Key Numbers” link on the top of the screen to
access the Key Number Search feature.
• Enter in your key words, select a jurisdiction, and the
system will return suggested Key Numbers for you to
use.
• Click on the Key Number you want, and the system
will run a Custom Digest search for you.
– Students love this new feature!
Finding Key Numbers on Westlaw
Search on Westlaw
• In case law databases, key numbers and headnotes
appear before the text of the case in the order the
legal issues are discussed in the case, just as in the
print reporters.
• In the headnote (digest) databases, the key numbers
and headnotes are organized by topic, then by key
number, just as in the print digests.
Finding Key Numbers on Westlaw
Search on Westlaw
If you don’t know either the topic or the key number
– in a headnote database (NY-HN, ALLCASES-HN), enter a Terms
and Connectors query or a digest field search:
campaign! /p contribut! /p speech
– in a case law database (NY-CS, ALLCASES), restrict your query to
the digest field (di):
di(campaign /p contribut! /p speech)
Start out by keeping all terms in the same paragraph.
The West Topic and Key Number System
• Allows you to quickly find all (including the most current) cases
that discuss a legal issue
• Allows you to quickly determine the merits of your clients’ cases
based on how prior cases dealing with the same issue have been
decided
• Allows you to move among reporters, digests, the ALR and
AmJur publications and statutes using cross-referenced relevant
key numbers
The Key Number System is the index to American
common- law issues.
KeySearch
KeySearch
• is a research tool powered by the respected and
dependable West Key Number System
• identifies key numbers and terms most relevant to
your legal issue
• integrates related key numbers from different topics
into one search
• creates effective queries for you in the appropriate
database(s)
• uses intuitive language and organization, making it
easy to navigate
KeySearch
Start your research in KeySearch when:
• you are unfamiliar with an area of the law
• you are unfamiliar with the West Key Number
System
• you need to retrieve unreported cases or
secondary- source documents as well as reported
cases.
KeySearch
• KeySearch uses the dependable and respected power
of the Key Number System and the expertise of
West’s attorney-editors to retrieve relevant
documents.
• KeySearch can be accessed from the SiteMap.
KeySearch
•
Efficient – KeySearch creates expert queries for you. There’s no need for you to
locate the correct topic and key numbers or determine which terms to include in
your query.
•
Easy to use – The interface is organized, logical and easy to navigate.
•
Flexible – You can edit KeySearch queries to fit your fact pattern.
•
Comprehensive – KeySearch includes approximately 10,000 legal issues and
retrieves results from reported and unreported cases as well as analytical law.
•
Reliable – KeySearch is powered by the West Key Number System, so you
know your results can be trusted. Queries are created by experts in legal topics
and query formulation.
The National Reporter System, the West editorial enhancements, the West
Key Number System, and West Key Number Digests are an integrated
research system that guides you to prior cases in any state or federal
jurisdiction that discussed similar facts or points of law.
Thank You…
We hope that you have found this lesson helpful.
If you have more Westlaw education or training needs,
please contact your Academic Account Manager or
call the Reference Attorneys at 1-800-WESTLAW.
If you have feedback on the Instructional Aids Series,
please contact Erin Jensen.