West’s Instructional Aids Series
The Topic and Key Number System® in
the Legal Research Universe
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
Back to Contents
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,
the 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
Headnote 2
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.
Headnote 1
• 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ambiguous, regional or outdated words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.
4
Digests
National Reporter System
Constitutional Law
3.
2.
3
Headnotes
1.
2.
3.
4.
5.
Topic and Key Number System
Cases are printed in the National Reporter System reporters.
Each point of law discussed in a case is summarized in a headnote.
The point of law in each headnote is assigned a key number(s).
Digests organize all headnotes (digest paragraphs) by key number.
The key number in a digest is used to find other relevant cases.
Question
West’s Key Number System integrates
1. The National Reporter System
2. The Key Number Digests
3. Headnotes that precede each National Reporter System
case
4. All of the above
Question
West’s Key Number System integrates
1.
2.
3.
4.
The National Reporter System
The Key Number Digests
Headnotes that precede each National Reporter System
case
All of the above
The Topic and Key Number System
Back to Contents
The Topic and Key Number System
Headnotes and the Topic and Key
Number System
• When West receives an opinion from the court, a West
attorney-editor 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
The Topic and Key Number System
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).
The Topic and Key Number System
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.
The Topic and Key Number System
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.
The Topic and Key Number System
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
The Topic and Key Number System
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.)
The Topic and Key Number System
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).
Question
The West Topic and Key Number System
1.
2.
3.
4.
Divides the law into approximately 400 broad legal
topics
Divides the law into approximately 100,000 specific key
numbers
Is an index to every case in the National Reporter
System
All of the above
Question
The West Topic and Key Number System
1.
2.
3.
4.
Divides the law into approximately 400 broad legal
topics
Divides the law into approximately 100,000 specific key
numbers
Is an index to every case in the National Reporter
System
All of the above
Key Number Digests
Back to Contents
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.
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.
Finding and Using Relevant Key
Numbers
Back to Contents
Finding Relevant Key Numbers in Print
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.
Finding Relevant Key Numbers in Print
Topic Analysis in Print Digests
Browsing the Topic Hierarchy
Broad Analysis
Detailed Analysis
Each topic in a digest set has an Analysis section, providing
both broad and detailed outlines of the topic.
Finding Relevant Key Numbers in Print
Subjects Included, Subjects Excluded
Browsing the Topic Hierarchy
• Many legal topics overlap in subject content.
• At the beginning of every new topic in the print digest are
scope notes that explain which subjects are included under
that topic and which are excluded.
• The Subjects Excluded list directs you
to the digest topic under which those
subjects are covered.
• These lists also appear in the Scope
information on Westlaw.
Finding Relevant Key Numbers in Print
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
•
This publication also contains Subjects
Included and Subjects Excluded
sections for each topic.
Finding Relevant Key Numbers in Print
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.
Finding Relevant Key Numbers in Print and on Westlaw
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
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 on Westlaw
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
Finding Key Numbers on Westlaw
Topic List on Westlaw
Browsing the topic hierarchy
•
Choose Key Numbers &
Digest from the dropdown list on the toolbar.
Constitutional Law
•
Scroll down the list of
topics until you find one
you want to explore.
Key Number & Digest
Finding Key Numbers on Westlaw
Browsing the topic hierarchy
• Click the plus (+)
symbols to expand the
subheadings. Expand
subheading folders if
necessary.
2.
2.
• When you find a relevant
Search
key number: (1) type it in the
text box and click GO or,
(2) check the box beside it and click Search.
1.
92k91.1(1.2)
Finding Key Numbers on Westlaw
Using the Topic List on Westlaw to
Perform a Key Number Search
• You can run the key
number search in the
headnote database of your
choice.
Databases
• You can restrict your search
by date or add terms for a
customized result.
Add Terms
Date
Using a Found Key Number on Westlaw
Using a Key Number from a Case on
Westlaw to Retrieve Other Cases
• A word search on Westlaw retrieves a relevant case with an
on-point headnote.
• You can use the key number(s) assigned to this headnote to
retrieve other cases discussing the same point of law.
• This is the most common way of finding relevant cases
using key numbers.
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 know the appropriate topic number but do not know
the key number, try the following search in either a case
law or headnote database:
to(92) /p campaign /p contribut!
• The topic (to) field is the portion of the digest field that
contains the topic numbers and names and key numbers
and names.
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.
Finding Key Numbers on Westlaw
The query di(campaign/s
contrib! /s speech)…
… yields 31 cases in the CTA (U.S.
Court of Appeals) database. This
headnote is assigned to key number
92k90.1(1.2).
This key number is under the
Constitutional Law topic, but the results
might also include key numbers under
Elections, Civil Rights, and other topics.
Using a Found Key Number on Westlaw
If the headnote assigned to
92k90.1(1.2) is relevant to
your issue, you can easily
retrieve similar cases, even if
they don’t contain the terms in
your original search.
Most Cited Cases
Click Most Cited Cases link
to create a Custom Digest.
Select a database.
Databases
Click Search.
Search
Using a Found Key Number on Westlaw
• A Custom Digest contains
digest paragraphs assigned to
that key number from all cases
in that jurisdiction.
Custom Digest
• Each headnote links to its
corresponding case.
• You have created a Custom
Digest of all headnotes assigned
to 92k90.1(1.2) in the in the
Eighth Circuit.
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.
Question
If you have found a relevant key number, you can retrieve
cases that have discussed the same or similar issues by
1.
2.
3.
4.
Finding that key number in a digest
Searching for the key number in a headnote (digest)
database on Westlaw
Searching for the key number in a case law database on
Westlaw
All of the above
Question
If you have found a relevant key number, you can retrieve
cases that have discussed the same or similar issues by
1.
2.
3.
4.
Finding that key number in a digests
Searching for the key number in a headnote (digest)
database on Westlaw
Searching for the key number in a case law database on
Westlaw
All of the above
KeySearch
Back to Contents
KeySearch
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
KeySearch in westlaw.com
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 secondarysource documents as well as reported cases.
KeySearch
KeySearch
• KeySearch uses the dependable and respected power of the
Key Number System and the expertise of West’s attorneyeditors to retrieve relevant documents.
• KeySearch can be accessed from anywhere in westlaw.com
by clicking the link on the toolbar.
KeySearch
An Employment Law Issue
Sue had been employed by the Busy Bee Corporation for
several years. Busy Bee is a 20-person, family-run business
and Sue had always had smooth relationships with family
members and good job reviews. Last year, Sue began
living with Roger. The Busy Bee owners did not say
anything directly to Sue, but she knew her living
arrangements upset the very conservative family. Relations
with family members soured and soon her job reviews
expressed dissatisfaction with her work. Sue was fired for
unsatisfactory performance.
Can Sue claim discrimination based on her status as an
unmarried person?
KeySearch
• West attorney-editors have created logical topics and subtopics.
• Topics are arranged alphabetically for easy scanning.
• Links to popular subtopics are listed below each main topic.
Employment Law
Let’s choose Employment Law to find an answer to Sue’s
legal dilemma.
KeySearch
Discrimination
• A folder indicates that there are subtopics.
• A search icon
indicates there are no subtopics.
Clicking on a search icon will retrieve the search page.
• Discrimination has subtopics.
KeySearch
Path
Marital or Familial Status Discrimination
• Marital or Familial Status Discrimination is the exact
subtopic we’re looking for. We can click the search icon
to begin our search.
•
Notice that the KeySearch path is displayed at the top of the
page so it is easy to keep track of how we got to this subtopic.
KeySearch
KeySearch gives us the option of retrieving reported or
unreported cases, encyclopedias, treatises, law reviews
and journals, and many other secondary sources.
KeySearch
All State Cases
Key Numbers
Query Editor
• We’ll select Cases with West headnotes (reported cases).
•
Then we’ll select All State Cases for the database.
• Open the Query Editor to see which topic and key
numbers are applicable to this Employment law issue.
KeySearch
Search
• We can add search terms to the end of the query to further
customize the search. Here we’ve added:
/p single unmarried “not married” “living in sin”
•
The last step is to click Search.
KeySearch
• That’s it. In just a few clicks we have retrieved 22 on-point
documents in the All State Cases database.
• Read the headnotes from these cases to see how successful
our KeySearch search was.
KeySearch
Terms
Use the Term arrows to move to the highlighted search terms
to quickly identify the most relevant portions of these
documents.
KeySearch
Scan
• What if you aren’t sure where to begin looking in the
KeySearch hierarchy?
• Just type the essential terms in the Scan text box and click
GO and and a list of the topics and subtopics that contain
your terms is displayed.
KeySearch
Here is the list that is displayed when we enter marital familial
in the Scan text box. The KeySearch path we chose by
pointing and clicking is included in results above.
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.
Question
KeySearch
1.
2.
3.
4.
Builds on the Key Number System
Adds relevant words so unreported cases and secondary
sources can be retrieved
Allows you to customize the automatic query
All of the above
Question
KeySearch
1.
2.
3.
4.
Builds on the Key Number System
Adds relevant words so non-reported cases and
secondary sources can be retrieved
Allows the automatic query to be customized
All of the above
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.