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Case Research

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? Index into published cases (Reporters) Paragraph - - Rule of Law

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Case Research

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  1. 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

  2. Finding a Case: Digests • What is a Digest? • Index into published cases (Reporters) • Paragraph - - Rule of Law • Organized alphabetically by topic • Outline

  3. Features of all West Digests • 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

  4. Digest Paragraphs Rule of law embodied in a case Arranged by subject - - key number Within the key number arranged by jurisdiction Within the jurisdiction arranged by date of decision

  5. 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 U.S. v. Aguilar, 871 F.2d 1436, opinion amended and superceded 883 F.2d 662, certiorari denied 111 S.Ct. 751, 498 U.S. 1046, 112 L.Ed2d 771.Why Bother?

  6. West’s Outline of American Law • 400 General Topics organized under Seven Categories • Persons • Property • Contracts • Torts • Crimes • Remedies • Government

  7. Federal Digestsin the West System • Based on a Topic/Key Number Classification System • Multi-Volume • Topics Organized Alphabetically by Name • Key Numbers within each topic begin at 1

  8. Key Number System:Topic Analysis • 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

  9. 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

  10. Key Number System:Topic Analysis III. IMMIGRATION, 39-59.

  11. ALIENS III. IMMIGRATION. 55. Offenses against immigration laws. 56. Unlawful entry, importation and harboring. 57. Liability of vessel, owner, or master. Key Number System:Topic Analysis

  12. How do I find a Case on my issue using a West Digest? • Descriptive Word Index • Identify key legal or factual terms • Analysis or Topic Review • Identify areas of law involved, review list of West topics and choose appropriate subtopics therein • One good case method • Locate case in Table of Cases or Plaintiff/Defendant Table • Determine matching Topic/Key Number

  13. Descriptive WordIndexA - E Key Number System:Descriptive Word Index • Aliens

  14. Key Number System:Descriptive Word Index TRANSPORTING illegal aliens, ALIENS 56

  15. Key Number System:Descriptive Word Index

  16. 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.

  17. Digest Main Volume DigestPocket Parts DigestInterim Pamphlets Digest Sections in ReporterAdvance Sheets Key Number System: Updating

  18. 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.

  19. 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.

  20. 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.

  21. Which Digest to Use? • Federal Digest • Regional Digests • No current NE, S, or SW • State Digests • No UT, NV, DE • Check Time Period – Digests are not cumulative • Subject Digests (e.g., Bankruptcy)

  22. Federal Digests • Federal • 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)

  23. State Digests • Illinois Digest - - 1818 to 1938 • Illinois Digest 2d - - 1938 to date • Missouri Digest - - 1821 to 1930 • Missouri Digest 2d - - 1930 to date

  24. Combined Digests • Comprehensive • Headnotes from all West Case Reporters, Federal and State • Each volume includes Topics/Key Numbers from A-Z • Century Digest 1658 - 1896 • Decennial Digest • 10 year increments 1897 – 1981; 5 year increments 1982 - 1996 • General Digest • 1 year increments 1991 to present

  25. Which Digest? • 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

  26. Why are you searching for cases? • Stare Decisis and Precedent • A court should follow previously decided cases (precedent) on the same topic • But…the law can evolve and change

  27. Reporters • So, now you have a list of case citations from the digest. Where do you find the cases?

  28. Reporters • Contain published case opinions • Chronological Order • Usually by jurisdiction • State vs. federal; time period, series • The citation tells you in which reporter a case is published. Also a volume and page #. E.g. 451 F.2d 345 • Parallel cites • Use BlueBook blue pages

  29. Official vs. Unofficial Reporters • Official • Published by government authority as a result of statute • United States Reports – only official federal reporter • States vary • Unofficial • Published by commercial publishers • West is the largest publisher of Reporters

  30. Official Reporters - Federal • Federal Level – Supreme Court • U.S. Reporter for Supreme Court • No ‘Official’ Reporter for lower appellate levels • Lower Appellate Courts • No Official Printed Reports • Opinions placed in Web-based Databases

  31. West National Reporter System - 1887 to present • Federal • Supreme Court Reporter • Federal Reporter (Court of Appeals) • Federal Supplement (District Courts) • Regional Reporters • 7 Regions, State cases • Pacific, Southern, North Eastern, Northwestern, Atlantic, Southwestern, Southeastern Reporters • State Reporters • Use BlueBook blue pages • Subject, e.g, Bankruptcy

  32. Federal Case Reporters • Supreme Court Opinions • United States Reports (U.S.) • Lawyer’s Edition (L. Ed.) • Supreme Court Reporter (S. Ct.) • Courts of Appeals • Federal Reporter (F., F.2d, F.3d) • District Courts • Federal Supplement (F. Supp, F. Supp 2d) • Bankruptcy, Tax etc, see Bluebook blue pages

  33. West’s Case Reporters

  34. State Appellate Case Law ONLY 7 Regions Each Region hasReporter Most Reportersin 2nd or 3rd series West’s Regional Reporter System

  35. Types of West Case Reporters • Jurisdictional • Federal (e.g. Supreme Court Reporter) • State-based (e.g. Missouri Cases) • Regional • 7 Geographic Regions • Unique to West • Topical • E.g. Bankruptcy Reporter • E.g. Federal Rules Decision

  36. More on Cases • Type of Documentation from the court is determined by the function of the court • Appellate Court • Orders • Opinions • Trial Court • Verdicts (by Jury or Judge) • Rulings and Orders (Judge) • Opinions (Judge) – Federal most often

  37. What gets reported and where? • Appellate Courts (High & Intermediate) • Printed Reporters: Opinions, Orders • Databases: Westlaw, Lexis, LoisLaw • Court Web Sites: Opinions, Orders • Trial Courts • Court Clerk’s case files: Petitions, Answers, Subpoenas, Motion, Orders, Briefs, Discovery materials, verdict forms, jury instructions, notices, exhibits, etc

  38. Case Publication Cycle - Print • Slip Opinion • Single Opinion issued in Pamphlet Form • Typically ‘Official’ • Advance Sheet • Collection of Opinions (Pre-binding) • Consistent Numbering system • Bound Reporter in Print Series

  39. Case Structure • Case structure and elements remain the same across publishers and media • Case style (name): Roe v. Wade • Judges names, Attorneys names • Court name • Docket Number • Court/Reporter’s syllabus • Opinion text – concurring and dissenting

  40. West Reporter adds editorial enhancements • Heading – parallel cite, • Synopsis • Headnotes • Only the opinion is legal authority.

  41. Structure ofa Case Party Names • Elements of Case Court Date of Decision Publisher’sSummary Disposition

  42. Topic Name Key Number U.S. v. Parmelee Headnote Headnote Number

  43. Strategy • 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.

  44. Next Class • Next Class • Day, Date • Reading • Researching Cases, Pt. 2 • Assignment • TBA

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