Westlaw Digest System:
\nAs you may already know, all West case reporters organize cases and many other resources, such as CJS and American Jurisprudence 2nd, into standardized bites of information that make up West\u2019s Digest system. This Digest system easily facilitates the discovery of cases and secondary sources published by West because it employs a universal system of topics and key numbers for all jurisdictions covered by West. I like to think of it as a huge outline of domestic United States law that enables users to find cases in an ever-growing body of legal jurisprudence. While we used to have to use print digests (e.g., state, regional, decennials) to find cases manually, West carried over its Digest system to Westlaw,2 which is what we will discuss today on Westlaw.com.3<\/p>\n
West digests use headnotes and key numbers to organize and summarize all cases by subject.<\/p>\n
Key Number Search: Westlaw provides quick entree to its Key Number system through a search engine at the top of the page. This search engine allows you to use terms and connectors to search for topics and key numbers that are relevant to your legal research. You can simultaneously search all Westlaw jurisdictions, or pick and choose as many state and federal jurisdictions or specialized state and federal legal topics as you want. When you hit the Search button, Westlaw retrieves a list of topics and key numbers with check boxes beside each entry. Your next step is to choose one or all of the entries that you want, and hit the Search Selected button. Westlaw will then retrieve lists containing the captions and summaries of all cases within those topics and key numbers. Each summary is hyperlinked to the full text of the document if you want to review the resource in full.<\/p>\n
Browse the Digest: Alternatively, Westlaw allows you to browse its alphabetical outline of over 400 Digest topics and expand each one down to its lowest level of key numbers using + signs. Once you have found all of the topics and key numbers you would like to search, you can check off the boxes next to the relevant entries, and click the Search Selected button. Once you do that, Westlaw takes you to a screen where you can further refine your search by jurisdiction or date, add optional search terms and connectors, include ALR\u2019s, law reviews and other references in your search, and rank your search results by either the most recent cases or the most cited cases. Once you set all of the parameters you would like, just click the Search button, and Westlaw will return a list of summaries of cases that are relevant to your research.<\/p>\n
Search Using a Specific Topic and Key Number: If you already know the topic and key number relevant to your research, you can enter it quickly in a box in the right hand bottom corner of the Key Number outline. For example, if I wanted to search for the topic of Adoption (which is topic no. 17), and the key number for the Status of adopted persons in general (which is key number 18), I would type in 17k18 to retrieve relevant cases.<\/p>\n
Custom Digests: Westlaw also provides the ability to create a Custom Digest. First you must choose a database in which to search. Then, you can click the Custom Digest link at the top of the screen. This takes you to Westlaw\u2019s master outline of topics and key numbers where you can expand the + signs to drill down to relevant key numbers and eventually check off all of the topics and\/or key numbers you want to search. You then hit the Search Selected button, which takes you to a screen where you can further refine your search by jurisdiction or date, add optional search terms and connectors, include ALR\u2019s, law reviews and other references in your search, and rank your search results by either the most recent cases or the most cited cases. Once you set all of the parameters you would like, just click the Search button, and Westlaw will return a list of summaries of cases that are relevant to your research. Again, each case is hyperlinked to its full text.<\/p>\n
KeySearch: If you do not know how to use the Digest system or would like Westlaw to help you create a search, this is the option to use. According to Westlaw, Westlaw\u2019s KeySearch option \u201cidentifies the terms and key numbers that are most relevant to your legal issue and creates a query for you.\u201d (www.westlaw.com). You start a KeySearch by browsing a screen of over 40 legal subjects such as bankruptcy, employment law, family law, intellectual property, securities law, or transportation. You then click the folder icon next to the general topic you want to research. Depending on how broad the subject is, you can continue to repeat this process with sub-folders until you reach an eventual subject that you want to search. At that point, you will see a KeySearch screen where Westlaw asks you to choose jurisdictions, secondary sources, OR journals\/law reviews in which Westlaw will eventually conduct a search. To attempt to narrow the field of results up front, Westlaw also allows you to add additional search terms before clicking the Search button. If you choose the case law options, your search will return a list of cases from a combination of topics and key numbers related to the subject you chose. In other words, you narrow the topic, but Westlaw creates the query in the background, saving you the work of trying to craft a search with search terms and connectors.<\/p>\n
Hyperlinks from Found Cases: If you find a case or resource that is helpful to your research, you can easily jump by means of internal hyperlinks from that case or resource to other cases on the same topics and key numbers.<\/p>\n
Keyciting with Topics and Key Numbers: As noted above, Westlaw has assigned independent, sequential numbers for each topic and key number sequence that it assigns to cases. Although it sometimes creates confusion with Lexis, Westlaw also calls these numbers Headnotes. For example, the first sequence of a topic and key number combination in a Westlaw case might be the topic of appeal and error and the key number for transcript or return (i.e., 30k612). Westlaw would assign this sequence a Headnote number such as HN1, HN2, HN3… These headnote numbers can be helpful in finding subsequent authorities when you KeyCite a case that stands for multiple legal propositions and\/or contains many references to different topics and key numbers. Each of these independent numbers directly hyperlinks to all citing references for that number. Alternatively, you can KeyCite a case in full, and review the references to HN1, HN2, HN3, etc. in the KeyCite report, and view only those decisions that are relevant to your legal issue.<\/p>\n
For each major issue, the editor then writes a short description called a headnote. These headnotes are typically found at the beginning of each opinion and help the reader to determine quickly the issue(s) discussed in the case.<\/p>\n
the West editor gives each one a “headline” (broad topic) selected from a list of about 450 possibilities. Some examples are “Landlord and Tenant,” “Intoxicating Liquors,” or “Automobiles.” Finally, the editor will assign the headnote a specific subtopic, such as “Injury to tenant or occupant.” In West digests, this subtopic is represented by a number called a key number. In the example above, within the topic “Constitutional Law,” the key number for “Appointment of Counsel” is 4809. Each topic and key number combination represents a unique point of law. Key numbers are the same in all West digests for all jurisdictions<\/p>\n
Lexis Headnote System:<\/p>\n
Lexis also provides a unique way of categorizing and classifying cases to allow users to find additional authorities on similar facts and\/or legal issues. Lexis organizes the cases it reports by assigning them to particular topics and sub-topic that break down the practice of law into manageable subjects. Unlike Westlaw, Lexis has not assigned numbers (what Westlaw calls Topic numbers and key numbers) to any topics or sub-topics in its legal taxonomy. Stated otherwise, Lexis relies solely words to designate topics and sub-topics. The only numbering system Lexis uses employs simple headnotes (e.g., HN1, HN2, HN3) within each case that allow for hyperlinking to other relevant cases on the same topics. We will delve deeper into how this system works on Lexis.com online today.4<\/p>\n
Topic Searching: Like its biggest competitor, Lexis offers you the choice of starting your legal research very generally with a legal topic. Lexis offers two (2) different options to facilitate this method. The first option is to search for a topic with a key word or phrase. This is more like a natural language search since this option does not recognize Boolean or universal search characters. This search will retrieve topics anywhere within the Lexis classification system, regardless of the practice area.<\/p>\n
Alternatively, Lexis offers a second option that allows you to browse its hierarchy of alphabetized legal topics and expand relevant topics by clicking on + signs to drill down to more narrow subjects that succinctly define your research issue. At any point, you can click on an information button next to a legal topic to retrieve a summary of the content that is covered. Once you reach a point where you would like to conduct a search, Lexis provides a search screen with a number of templates to refine your search. Various options include choosing a jurisdiction or jurisdictions, choosing one or more databases, and adding optional search terms (using either terms and connectors or a natural language query). Once you have set all of these parameters, you just hit the Search button, and Lexis returns a result list of cases that match all of your pre-defined criteria. Instead of defining jurisdiction(s), source(s) and optional search terms, you can simply choose a jurisdiction, and add an optional date before hitting the Search button. Lexis will then retrieve all headnotes and cases on the topic you have chosen.<\/p>\n
Unless you refine your topic down to a more narrow issue, these searches tend to retrieve a lot of cases. When your search retrieves over 3,000 results, you will receive a message from Lexis asking you to refine or edit your search.<\/p>\n
Hyperlinking from Found Cases: If you have found a good case on Lexis, you can use the headnotes at the top of that case to find other relevant cases. After the text of each headnote, you will see the phrase \u201cMore Like This Headnote.\u201d Clicking that hyperlink will take you to a search screen that allows you to identify a jurisdiction or combination of jurisdictions, as well as specify a date or date range, to narrow the pool of results. Lexis will then return a list of cases, each of which contain those same headnotes in Digest view (i.e., abbreviated). Nomenclature can be misleading, but do not confuse this with the Digest system on Westlaw discussed above. Each case can then be reviewed in full by clicking on the hyperlink embedded in the caption of the case.<\/p>\n
Shepardizing with Headnotes: As you may already know, many cases that Lexis reports contain multiple headnotes, often on a diverse array of legal subjects. Since you may only be interested in one (1) or two (2) of these subjects, you may want to restrict your review of subsequent cases by Shepardizing and looking at only those cases which contain the same headnotes. Lexis makes this very easy to do. The easiest way is if there is a direct link to \u201cShepardize: Restrict by Headnote\u201d right next to the headnote that pertains to your research. Although not every headnote offers this option (because not every case has been cited subsequently for every headnote), clicking it when it is available retrieves a list of citing references that also contain the same headnote number. Obviously, this functionality makes Shepardizing extremely efficient and helpful.<\/p>\n
Alternatively, you can make note of the pertinent headnotes in a case, run a full Shepard\u2019s report, and then review the Lexis summary at the top for a break-down of the number of citing cases for each headnote. Although you may not need this feature if your original case has only a couple of headnotes or a short Shepard\u2019s history, it comes in very handy when you have a case with a lot of headnotes and\/or a long list of subsequent authorities. Once you choose a particular headnote, Lexis allows you to browse only that sub-set of cases if you wish. In addition, each headnote reference is hyperlinked to the portion of the citing case where the headnote is located, thus making finding subsequent references to your original authority very easy.<\/p>\n
Using Headnotes to Expand a Relevant Case<\/p>\n
\u2666 Just as in WestlawNext, there are three methods to expand your research using headnotes in Lexis Advance.<\/p>\n
…..<\/p>\n
Westlaw: Key Numbers
\nThe West Key Number System is a case-finding tool in print and electronically. There are two ways to use this system in WestlawNext: from the headnotes of a case or by browsing the key numbers.<\/p>\n
One Good Case Method – Using Headnotes from a Case to Find Similar Cases<\/p>\n
Once you find a case you like, read the headnotes that come at the beginning of the case and identify the headnote(s) most relevant to your issue.
\nCreate a custom digest by clicking on a topic or key number link – this will show you a list of all cases that fall under the same topic and key number.
\nYou can manipulate this custom digest by choosing a different jurisdiction at the top of the page.
\nSubject Searching – Browsing the West Key Number System<\/p>\n
In the Browse box, click the Tools tab; select West Key Number System
\nOptions: (a) Search the West Key Number System from the search bar at the top or (b) browse the list of 450 topics
\nOnce you get down to a digest document (a listing of cases that fall under a specific topic and key number), you can change the jurisdiction (at the top) and search within results to narrow your list of cases
\nLexis Advance: Headnotes
\nThe digest system is a product of West, but Lexis has created a similar system of headnotes that function much the same way as the West topic and key numbers.<\/p>\n
One Good Case – Using Lexis Headnotes to Find Similar Cases<\/p>\n
From a case you like, locate the Lexis Headnotes at the beginning of the case, and find the one(s) that most pertain to your research question.
\nLook at the listing of topics and sub-topics above your headnote; click on the topic or sub-topic of most interest to you
\nOptions: Get topic Documents or View in Topic Index
\nTopic Document – this is similar to looking at a digest document in WestlawNext; you will first be shown a list of cases under this topic, which you can narrow by jurisdiction or by searching within results; but you can also look at other types of legal materials that fall under this topic by selecting them from the tabs at the top (ex: select Legis to find statutes that fall under this topic)
\nTopic Index – this is similar to browsing the West Key Number System; you are presented with an expandable tree of legal topics, which you can search in the provided search bar at the top of the tab or browse
\nNote: There is also an option to Create an Alert – this will send you emails when new documents are added to this topic in Lexis Advance
\nBrowse Topics – Subject Searching and Browsing in Lexis Advance<\/p>\n
Click the Browse Topics option at the top of the Lexis Advance home page
\nYou see the topic index for Lexis Advance; you can either search with the search box provided or browse through the list of top-level topics.
\nWhen you get down to a sub-topic (at which point you cannot expand any further down), you will be presented with the option to Get Topic Documents (see above under One Good Case), Add this Topic to the Search (adds it to the main search bar), Favorite this Topic (appears in your list of Selected & Favorite under the main search bar), or Create an Alert (get emails when new documents are added to this topic)<\/p>\n
….<\/p>\n
Why use the West Key Number System?
\n\u2022 It is comprehensive and precise. West attorney-editors
\nindex cases into more than 400 topics and 98,000
\npoints of law, enabling you to quickly fi nd other cases
\nthat address your exact legal issue \u2013 in any jurisdiction.
\n\u2022 It helps you search for legal concepts. Legal research
\nis often a hunt for principles or concepts not easily
\nretrieved with literal word searches. The Key Number
\nSystem identifi es and indexes legal concepts so you can
\nfi nd cases stating or applying a legal concept, even if
\nthose terms aren\u2019t in the opinion.
\n\u2022 It helps you fi nd what you need faster. Easily identify
\non-point Key Numbers by browsing or searching the
\noutline on WestlawNext. Or, click on Key Numbers inside
\ndocuments to quickly locate cases with the same or
\nsimilar legal concepts and principles.
\n\u2022 It is current and accurate. As the law evolves, so does
\nthe West Key Number System. Each year, we make
\nhundreds or even thousands of changes \u2013 adding new
\nKey Numbers for emerging topics and reclassifying
\nexpanding areas of the law.<\/p>\n
FIND SIMILAR CASES ON A LEGAL ISSUE
\n1. Find similar cases on a legal
\nissue or point of law by
\nclicking a Topic or Key Number
\nin the classifi cation hierarchy
\nnext to the headnote.
\n2. Find similar cases on a broad
\ntopic by clicking the topic
\nabove the headnote.
\n3. Find cases that cite to your
\ncase for the legal issue or point
\nof law in the headnote by
\nclicking the link below the
\nheadnote.
\nEach legal issue in a case published by West is identifi ed, summarized in a headnote, and assigned a Topic and Key
\nNumber in the West Key Number System. This arrangement of breaking a court opinion into distinct points of law and
\nthen classifying each point with a number has made the West Key Number System the de facto classifi cation system
\nfor all American law. Finding one case on point leads you directly to others \u2013 in your jurisdiction or any other \u2013 so you\u2019ll
\nbe confi dent that you haven\u2019t missed anything.<\/p>\n
FIND RELEVANT CASES USING THE WEST KEY NUMBER DIGEST<\/p>\n
The West Key Number Digest contains the complete Topic and Key Number outline used by West attorney-editors to
\nclassify headnotes. Use the digest to locate Topic and Key Numbers related to your issue and to retrieve headnotes
\nclassifi ed under those Topic and Key Numbers.<\/p>\n
IN SEARCH RESULTS<\/p>\n
Here\u2019s how the Key Number component works:
\nThe West Key Number System is the foundation
\nof WestSearch. Because West attorney editors
\nhave read, summarized, and classifi ed the law
\nfor over 100 years, WestSearch can identify the
\ntopics of law best represented by your search
\nterms and return highly relevant documents for
\nthose topics \u2013 even if the documents don\u2019t have
\nthe terms you put into the search box!
\nWestSearch automatically searches every case
\nin every jurisdiction to fi nd headnotes that
\nmatch your search terms. Then, WestSearch
\nanalyzes the Key Numbers those headnotes are
\nclassifi ed under and utilizes them to help fi nd
\non-point documents in your selected jurisdiction. <\/p>\n","protected":false},"excerpt":{"rendered":"
Headnotes in the Encyclopedia of Law Westlaw Digest System: As you may already know, all West case reporters organize cases and many other resources, such as CJS and American Jurisprudence 2nd, into standardized bites of information that make up West\u2019s Digest system. This Digest system easily facilitates the discovery of cases and secondary sources published […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[19],"_links":{"self":[{"href":"https:\/\/resources.lawin.org\/wp-json\/wp\/v2\/posts\/743"}],"collection":[{"href":"https:\/\/resources.lawin.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/resources.lawin.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/resources.lawin.org\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/resources.lawin.org\/wp-json\/wp\/v2\/comments?post=743"}],"version-history":[{"count":0,"href":"https:\/\/resources.lawin.org\/wp-json\/wp\/v2\/posts\/743\/revisions"}],"wp:attachment":[{"href":"https:\/\/resources.lawin.org\/wp-json\/wp\/v2\/media?parent=743"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/resources.lawin.org\/wp-json\/wp\/v2\/categories?post=743"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/resources.lawin.org\/wp-json\/wp\/v2\/tags?post=743"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}