Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Legal Research & Writing LAW-215 Use of Digests, Annotated Law Reports, and Words and Phrases

The Use of Digests, Annotated Law Reports, and Words and Phrases In this unit, we will learn: In this unit, we will learn: The purpose of digests. The purpose of digests. How to use digests. How to use digests. How to use annotated law reports in the research process. How to use annotated law reports in the research process. How to use Words and Phrases How to use Words and Phrases

Digests

What is a Digest? A digest is a book or index that arranges one-sentence summaries or “digests” of cases by subject. A digest is a book or index that arranges one-sentence summaries or “digests” of cases by subject. Acts as an index to the National Reporter system Acts as an index to the National Reporter system find cases by legal issue or subject find cases by legal issue or subject

Digest (the Indexes to Reporters) Case Reporters are arranged chronologically Case Reporters are arranged chronologically not what a legal researcher usually needs not what a legal researcher usually needs usually need to find cases by subject usually need to find cases by subject

Digest (the Indexes to Reporters) Digests make cases accessible by subject Digests make cases accessible by subject Topics and key numbers are used to classify case headnotes by subject Topics and key numbers are used to classify case headnotes by subject Digests consist of case headnotes Digests consist of case headnotes organized alphabetically by topic organized alphabetically by topic then numerically by key number then numerically by key number

Types of Digests Generally correspond to case reporters Generally correspond to case reporters one for each state one for each state few regional digests (Atlantic, North Western, Pacific, and South Eastern) few regional digests (Atlantic, North Western, Pacific, and South Eastern) American Digest System (a master index to all the case law in the United States) American Digest System (a master index to all the case law in the United States) Federal Practice Digests Federal Practice Digests Supreme Court Digest Supreme Court Digest U.S. Supreme Court Digest, Lawyer’s Edition U.S. Supreme Court Digest, Lawyer’s Edition Most digests have more than one series Most digests have more than one series

Common Features of West’s Digests Collection of case summaries organized by topic (arranged A to Z) Uniform Classification Uniform Classification Descriptive Word Indexes Descriptive Word Indexes Table of Cases Table of Cases Table of Words and Phrases Table of Words and Phrases Supplementation Supplementation Cross-Referencing Cross-Referencing

Topic Outline Divides law into 400+ digest topics Divides law into 400+ digest topics Each topic addresses a broad legal issue Each topic addresses a broad legal issue Breaks down each topic into subheadings Breaks down each topic into subheadings Contains approximately 100,000 key numbers Contains approximately 100,000 key numbers Topics are occasionally added, eliminated, or renamed Topics are occasionally added, eliminated, or renamed

Topic Approach Involves going directly to a digest topic and examining the topical outline to determine which key numbers to consult Involves going directly to a digest topic and examining the topical outline to determine which key numbers to consult Requires some familiarity with West’s topical system Requires some familiarity with West’s topical system Can be quite time consuming if specific key numbers are not immediately apparent in topical outline Can be quite time consuming if specific key numbers are not immediately apparent in topical outline

Descriptive Word Index Each digest set includes a Descriptive Word Index. Use Descriptive Word Index of digest to identify topic(s) & key number(s) for relevant cases.

Descriptive Word Index West’s Federal Practice Digest 3d

Descriptive Word Approach Look in Descriptive Word Index for: Look in Descriptive Word Index for: words that describe the pertinent facts of the case words that describe the pertinent facts of the case words that describe the legal question involved words that describe the legal question involved Most descriptive words fall into 1 of 5 categories of elements common to every case: Most descriptive words fall into 1 of 5 categories of elements common to every case: Parties or facts Parties or facts Places and things Places and things Issues or basis of action Issues or basis of action Defenses Defenses Relief sought Relief sought

Descriptive Word Approach Use the topic(s) & key number(s) identified in Descriptive Word Index to find relevant headnotes in case summaries volumes. Use the topic(s) & key number(s) identified in Descriptive Word Index to find relevant headnotes in case summaries volumes. Most volumes of digest consist of case summaries Most volumes of digest consist of case summaries Summaries are actually individual headnotes extracted from cases and rearranged by topic Summaries are actually individual headnotes extracted from cases and rearranged by topic A single case is often represented under multiple topics in a digest A single case is often represented under multiple topics in a digest Each summary includes the name of the case and its citation(s) Each summary includes the name of the case and its citation(s)

Descriptive Word Approach Requires some knowledge of the facts involved as well as terminology used in that area of law to know what terms to consult Requires some knowledge of the facts involved as well as terminology used in that area of law to know what terms to consult Good approach if not familiar with topical organization of digest or no cases available to provide topics and key numbers to begin search Good approach if not familiar with topical organization of digest or no cases available to provide topics and key numbers to begin search

Table of Cases and the Defendant-Plaintiff Table Digests can help you find cases when you have only a partial citation. Digests can help you find cases when you have only a partial citation. The table of cases is an alphabetical listing of cases in that digest. It lists cases with the plaintiff's name first. The table of cases is an alphabetical listing of cases in that digest. It lists cases with the plaintiff's name first. If you know only the defendant's name, the defendant-plaintiff table should be consulted. If you know only the defendant's name, the defendant-plaintiff table should be consulted. An advantage of using the table of cases, rather than the defendant-plaintiff table, is that the table of cases lists all of the topics and key numbers under which that case can be found. An advantage of using the table of cases, rather than the defendant-plaintiff table, is that the table of cases lists all of the topics and key numbers under which that case can be found.

Table of Cases West’s Federal Practice Digest 3d Table of Cases Reprinted from West’s Federal Practice Digest 3d

Defendant-Plaintiff Table West’s Federal Practice Digest 3d

Words and Phrases Words and Phrases aims at providing the definition of words and phrases as interpreted by cases from 1658 to the present time. Words and Phrases aims at providing the definition of words and phrases as interpreted by cases from 1658 to the present time.

Words and Phrases Words and Phrases volumes alphabetically list words or phrases judicially defined in the indexed cases. Words and Phrases volumes alphabetically list words or phrases judicially defined in the indexed cases. “Judicially Defined” the legal definition of a word or phrase, as given by statute or as determined by courts “Judicially Defined” the legal definition of a word or phrase, as given by statute or as determined by courts Words and Phrases lists the case citations where the definition was offered. Words and Phrases lists the case citations where the definition was offered.

Other Digests Century Digest, indexing cases rendered during the period 1658 through 1896; Century Digest, indexing cases rendered during the period 1658 through 1896; Decennial Digests - indexing cases in ten- year chunks in the 1st through 8th Decennial Digests ( ) and, beginning with the 9th Decennial Digest, indexing each decade in two parts, "Part 1 " and "Part 2." Decennial Digests - indexing cases in ten- year chunks in the 1st through 8th Decennial Digests ( ) and, beginning with the 9th Decennial Digest, indexing each decade in two parts, "Part 1 " and "Part 2."

American Law Reports Full-text of important appellate court decisions from a variety of jurisdictions, AND Full-text of important appellate court decisions from a variety of jurisdictions, AND Comprehensive and objective “Articles” or “annotations” providing in-depth analysis relating to the legal issues raised in each case. Comprehensive and objective “Articles” or “annotations” providing in-depth analysis relating to the legal issues raised in each case. case citations and summaries case citations and summaries references to other secondary sources references to other secondary sources

Features of A.L.R. Cases Cases Annotations Annotations Research references Research references Outline Outline Index Index Jurisdictional table of cited statutes and cases Jurisdictional table of cited statutes and cases Scope section Related annotations section Summary

Example of an A.L.R. Annotation Example of an A.L.R. Annotation

Example of the A.L.R. Index Example of the A.L.R. Index

Example of an A.L.R. Jurisdictional Table Example of an A.L.R. Jurisdictional Table

Digests, End of Digests, Annotated Law Reports, and Words and Phrases Digests, End of Digests, Annotated Law Reports, and Words and Phrases