THE NATIONAL REPORTER SYSTEM

1. THE NATIONAL REPORTER SYSTEM � Thomson Reuters Westlaw Instructional Aid Series

2. CONTENTS Introduction: Case Law, the Courts and the Doctrine of Precedent The National Reporter System Case Enhancements The Topic and Key Number System The Key Number Digests Topic and Key Number Research 2

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4. There is a federal system of trial and appellate courts. District courts are the federal trial level courts. Circuit courts and the United States Supreme Court are the federal appellate courts. Each state has a system of trial and appellate courts. The number of appellate levels varies from state to state, but each state has a trial level court and at least one appellate court level. 4

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6. Appellate courts have jurisdiction over trial courts in a specific geographic area. Appeals from the Federal District Court of Minnesota are heard in the Eighth Circuit Court of Appeals. Decisions of the circuit courts can be appealed only to the United States Supreme Court. 6

7. The doctrine of precedent, also known as �stare decisis� (pronounced �stahr-ee di-si-sis�), is founded on a sense of fairness and the belief that decisions should be consistent and not arbitrary. This ensures that the legal consequences of conduct can be predicted to a reasonable degree. The doctrine of precedent dictates that decisions reached in previous cases in the same jurisdiction dealing with the same or similar issues should be followed unless there is a good reason to deviate. 7

8. The decision of a court is binding authority on that court and on the lower courts in the same jurisdiction when deciding factually similar issues. Cases decided in another jurisdiction, although not binding as precedent, may be a valuable source of legal reasoning for an issue not previously addressed in the jurisdiction. This is referred to as persuasive authority. The doctrine of precedent explains why attorneys need access to prior cases as they will likely dictate the outcome of their case. 8

9. QUESTION The doctrine of precedent dictates that: Cases from outside jurisdictions have no influence on a case in the jurisdiction Case law in a jurisdiction should not deviate from precedents Precedents in the jurisdiction should be followed unless there is a good reason to deviate All of the above 9

10. CONTENTS Introduction: Case Law, the Courts and the Doctrine of Precedent The National Reporter System Case Enhancements The Topic and Key Number System The Key Number Digests Topic and Key Number Research 10

11. Without a coherent, uniform means of accessing cases from all state and federal jurisdictions, finding cases discussing similar points of law would be immensely difficult. The National Reporter System organizes both federal and state case law into a cohesive body of law that can be researched within and across jurisdictions. 11

12. In 1879, West started the National Reporter System, which compiles cases from state and federal courts and organized them into various reporter sets. Volumes in a set are numbered consecutively. A new series starting with volume 1 is begun when one series becomes too unwieldy. For example, 999 F.Supp. is followed by 1 F.Supp.2d. 12

13. Federal district (trial) court decisions are published in the Federal Supplement�. Only a selection of district court cases is reported. Citation format: 75 F.Supp. 225 13 F.Supp.2d 881 These cases are on Westlaw in the DCT and DCT-OLD databases. 13

14. U.S. district court cases can be appealed to the Federal Circuit court that hears appeals from that district. There are 13 U.S. Circuit Courts of Appeal. The decisions of the circuit courts are published in the Federal Reporter�. Citation format: 333 F.2d 120 37 F.3d 300 14

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16. Cases can be appealed from the Circuit Courts of Appeals to the United States Supreme Court. Decisions of the United States Supreme Court are published in the Supreme Court Reporter�. Citation format: 99 S.Ct. 331 These cases are on Westlaw in the SCT and SCT-OLD databases. 16

17. There are also federal topical reporters that are part of Westlaw�s National Reporter System: Bankruptcy Reporter� Federal Rules Decisions� Military Justice Reporter� Federal Claims Reporter� 17

18. Cases from all 50 states are published in one of seven regional reporters: Atlantic Reporter�, Southern Reporter�, South Eastern Reporter�, South Western Reporter�, North Eastern Reporter�, North Western Reporter�, and Pacific Reporter�. There are also state reporters, which publish one state�s cases. 18

19. 19 These early geographical groupings reflect the population distribution at the time the National Reporter System was developed. It was assumed that the population in each region would grow at about the same rate. This didn�t happen, but the regional reporters were so well established that the regions remain the same. These early geographical groupings reflect the population distribution at the time the National Reporter System was developed. It was assumed that the population in each region would grow at about the same rate. This didn�t happen, but the regional reporters were so well established that the regions remain the same.

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21. All cases from all state, regional, and federal reporters are in the ALLCASES database. All cases from every federal reporter is in the ALLFEDS database. All cases from all state and regional reporters are in the ALLSTATES database. All cases from each regional reporter are in separate databases: (NW, SW, SO, ATL, NE, PAC and SE). Each state has a Westlaw case law database. The identifiers are XX-CS, where XX is the state�s two-letter postal abbreviation. Examples � NY-CS, FL-CS. 21

22. The court sends a copy of its decision to Thomson Reuters, Legal (Westlaw) shortly after the cases are decided. A slip-copy version of the case is added to Westlaw within hours once received. 22

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25. Attorneys have access to all but the most recent cases through the advance sheets (which update the hardbound reporters). After a thorough editorial process, a case generally appears in the appropriate reporter advance sheet within six to eight weeks of receipt of the case. 25

26. Which of the following statements is false? The National Reporter System was created in the mid-1950s to organize the greatly expanding number of court cases. Most appellate court cases and some federal trial-level cases appear in at least one reporter set. There are jurisdictional reporters and there are subject-matter reporters. Cases from all 50 states are published in the seven regional reporters. (Click your mouse to see correct answer) 26

27. CONTENTS Introduction: Case Law, the Courts and the Doctrine of Precedent The National Reporter System Case Enhancements The Topic and Key Number System The Key Number Digests Topic and Key Number Research 27

28. This slip opinion appears just as written by the judge and processed and filed with the court. Westlaw attorney-editors take the language of the court, correct errors, and add features that are essential tools for the careful researcher.Westlaw.com WestlawNext 28

29. When a slip opinion is received the manuscript is scrutinized for accuracy parallel citations are added textual information is updated the court is contacted if clarification or corrections are needed More than 1.5 million case citations are checked, 500,000 parallel citations are added, and 80,000 errors in opinions are corrected each year. CASE ENHANCEMENTS: EDITORIAL SCRUTINY 29

30. CASE ENHANCEMENTS: EDITORIALLY CREATED FINDING TOOLS 30

31. Synopsis: A summary of the procedural history, the facts, the main points of law, and the holding of the case. Headnotes: Summaries of the points of law discussed in the body of the opinion. Key Numbers: Headnotes are assigned a topic and key number in the Westlaw Key Number System. CASE ENHANCEMENTS: CREATED BY ATTORNEY EDITORS 31

32. Headnotes and synopses are prepared by attorney-editors using: consistent and current legal terminology instead of ambiguous, regional, or outdated words descriptive terms instead of proper names Examples: Tenant is used instead of Mr. Blake or plaintiff Aspirin is used instead of Bufferin or Tylenol Intoxicated is used instead of tipsy or inebriated These headnotes can help you retrieve many cases online that you might otherwise miss. 32

33. The synopsis is the first paragraph of a National Reporter System case. Headnotes follow the synopsis in a National Reporter System case. Headnotes appear in the order the points of law are discussed in the case. 33 A headnote is a paragraph summary of a point of law in a case in a publication that is part of the National Reporter System. West Group attorney-editors write headnotes using consistent legal terminology even though the terms in the body of the case may vary from judge to judge or jurisdiction to jurisdiction. This enhancement is especially valuable for the online researcher who can retrieve relevant cases, using accepted legal terminology, even if the judge relied on proper names or archaic or regional terminology. For example, in a headnote the term Plaintiff will be substituted for Mr.. Jones. Headnotes also incorporate broader or synonymous terms to increase value to the researcher. For example, Billie Jones will become "child" or "minor" or "boy" or "youth." A headnote is a paragraph summary of a point of law in a case in a publication that is part of the National Reporter System. West Group attorney-editors write headnotes using consistent legal terminology even though the terms in the body of the case may vary from judge to judge or jurisdiction to jurisdiction. This enhancement is especially valuable for the online researcher who can retrieve relevant cases, using accepted legal terminology, even if the judge relied on proper names or archaic or regional terminology. For example, in a headnote the term Plaintiff will be substituted for Mr.. Jones. Headnotes also incorporate broader or synonymous terms to increase value to the researcher. For example, Billie Jones will become "child" or "minor" or "boy" or "youth."

34. Each online National Reporter System case is divided into segments called fields. A digest (includes headnotes) field search and/or synopsis field search is an efficient way to search the online case law databases. sy,di(wrongful! /3 terminat! discharg!) A digest field search allows you to retrieve a great number of relevant cases while at the same time limit retrieved cases to ones in which the point of law you are researching is central to the holding of the case. 34

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36. Synopsis field search in Westlaw case law database: sy(malpractice /p �foreign object�) Digest field search in a Westlaw case law database: di( bystander /p �emotional distress�) A combined synopsis and digest field search in a Westlaw case law database: sy,di(landlord /p �common area�) 36

37. Citation volume number, the reporter, and the first page number of the case Title or Caption names of parties Docket Number the number assigned to the case when it is filed with the court; this number follows the case through its litigation history Attorneys of Record, Judge(s) and Opinion 37

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40. Which of the following statements is false? Attorney-editors spot and summarize up to five points of law discussed in the case. Attorney-editors prepare a synopsis and headnotes, using universally recognized legal terminology. Attorney-editors contact the court before making corrections to the decision. Searching in the synopsis and digest fields on Westlaw allows you to retrieve more on-point documents and ensures that you retrieve only cases in which your issue is a central point of law in the decision. 40

41. CONTENTS Introduction: Case Law, the Courts and the Doctrine of Precedent The National Reporter System Case Enhancements The Topic and Key Number System The Key Number Digests Topic and Key Number Research 41

42. When a slip opinion is received, an attorney-editor reads it and identifies the points of law discussed in the case. Each point of law is summarized in a headnote. After a careful analysis of the point of law the headnote discusses, the headnote is assigned to at least one key number in the Westlaw Topic and Key Number System. 42

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45. The Topic and Key Number System is: the index to the entire National Reporter System a comprehensive and detailed outline of the entire body of case law in this country a classification system with a at least one topic and key number attached to each point of law (headnote) The Topic and Key Number System allows you to locate cases with the same or similar legal issues in any jurisdiction in the United States. 45

46.  Each topic is broken down into subheadings. This process continues until further breakdown of a point of law is unproductive and a specific key number is assigned. See, 92k90.1(1.2) below. There are over 100,000 specific key numbers. 46

47. The Topic and Key Number System is: An index to National Reporter System cases An outline of American law A classification system All of the above QUESTION 47

48. CONTENTS Introduction: Case Law, the Courts and the Doctrine of Precedent The National Reporter System Case Enhancements The Topic and Key Number System The Key Number Digests Topic and Key Number Research 48

49. Westlaw�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 case in the National Reporter System. The headnotes are organized alphabetically by topic and then numerically by key number. KEY NUMBER DIGEST 49

50. 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 50

51. Each digest set spans many volumes and is organized first alphabetically by the more than 400 topics in the Key Number System, then numerically by key number. KEY NUMBER DIGEST 51

52. KEY NUMBER DIGEST ON WESTLAW 52

53. The Key Number Digests contain: The synopsis from each case in the National Reporter System Headnotes from cases in the National Reporter System, organized by date of case Citations to the full case None of the above QUESTION 53

54. CONTENTS Introduction: Case Law, the Courts and the Doctrine of Precedent The National Reporter System Case Enhancements The Topic and Key Number System The Key Number Digests Topic and Key Number Research 54

55. Using a key number found in a case You have found a case with a relevant headnote and key number. Go to a print digest set covering the appropriate jurisdiction and find the volume covering that topic, then find the specific key number. All headnotes (digest paragraphs) from all cases discussing the point of law assigned to that key number are listed along with their citations. TOPIC AND KEY NUMBER RESEARCH: USING PRINT DIGESTS 55

56. TOPIC AND KEY NUMBER RESEARCH: USING PRINT DIGESTS 56

57. TOPIC AND KEY NUMBER RESEARCH: USING PRINT DIGESTS 57

58. TOPIC AND KEY NUMBER RESEARCH: USING PRINT DIGESTS 58

59. Using a key number found in a case After conducting a word search on Westlaw, you find a relevant case with an on-point headnote. You can use the key number assigned to this headnote to retrieve other cases discussing the same point of law. This is the most common way of finding relevant key numbers on Westlaw. TOPIC AND KEY NUMBER RESEARCH: USING WESTLAW.COM 59

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61. TOPIC AND KEY NUMBER RESEARCH: USING WESTLAWNEXT 61

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63. Using the topic list to create a Custom Digest Click the Key Numbers link at the top of the page Click the plus symbols to expand the topics and see subheadings. Expand subheadings if necessary, OR When you find a relevant key number, type it into text box or check the box beside it, and click GO or Search Selected 63

64. Using the topic list to create a Custom Digest You can run a key number search in the headnote database of your choice. You can restrict by date or add terms for a customized result. 64

65. In WestlawNext: Click the Tools tab onthe main page, then click the West Key Number System. This brings you to the Key Number System, where you can find relevant key numbers. You can use the Title Search box to search for relevant key numbers, or click a Topic link to view particular key numbers under that Topic. Once you have found a relevant Topic or key number, check the box next to the left and click View Headnotes. 65

66. This creates a Custom Digest. You can now search for terms in headnotes or restrict by dates. You can also change the jurisdiction. 66

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68. Which of the following statement(s) is true? The most common method for using a key number to find cases is to work from a key number in a relevant case. The Descriptive Word Index is a Westlaw dictionary service. There are no similarities between the print digests and the Westlaw headnote databases. Both 1 and 3. QUESTION 68

69. The National Reporter System, editorial enhancements, the Westlaw Key Number System, and Westlaw 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. 69