The Topic and Key Number System ® in the Legal Research Universe

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

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 The Doctrine of Precedent

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 National Reporter System, Headnotes, the Key Number System and the Key Number Digests

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 in a Case Headnote 2 Headnote 1

Introduction Headnotes (Digest Paragraphs) • Headnotes are prepared by West attorney-editors using • consistent and current legal terminologyinstead of ambiguous, regional or outdated words • descriptive termsinstead of proper names • Language of Opinion Language of Headnote - Mr. Brown or plaintiff - landlord - Tylenol or Bufferin - aspirin - tipsy or inebriated - 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.

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. Introduction West’s Key Number Digests

5. 4. 1. 4 Digests National Reporter System Constitutional Law 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.

Question West’s Key Number System integrates • 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 indexto 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 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

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.

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 Topics, Subheadings, and Key Numbers

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 topicbecame 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 • 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

Each digest series spans many volumes and is organized first alphabetically by topic then numerically by key number. Digests West’s 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. Digests

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 relevant constitutional key numbers in an ALR® (American Law Reports) article on Westlaw. Reference to a constitutional law key number for an Am Jur® 2d (American Jurisprudence) section 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

Choose Key Numbers & Digest from the drop-down list on the toolbar. Finding Key Numbers on Westlaw Topic List on Westlaw Browsing the topic hierarchy Key Number & Digest Constitutional Law • Scroll down the list of • topics until you find one • you want to explore.

Click the plus (+) symbols to expand the subheadings. Expand subheading folders if necessary. Finding Key Numbers on Westlaw Browsing the topic hierarchy 2. 1. 2. • When you find a relevant • key number: (1) type it in the • text box and click GOor, • (2) check the box beside it and clickSearch. Search 92k91.1(1.2)

You can run the key number search in the headnote database of your choice. Finding Key Numbers on Westlaw Using the Topic List on Westlaw to Perform a Key Number Search 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.

The Topic and Key Number System ® in the Legal Research Universe