KeyCite ® West’s Instructional Aids Series

Contents Introduction Cases: KeyCite History Cases: KeyCite Citing References Limiting KeyCite Citing ReferencesLimiting KeyCite Citing References KeyCite Notes  : Expanding Your ResearchKeyCite Notes  : Expanding Your Research Table of Authorities KeyCite for Statutes KeyCite Alert West’s Instructional Aids Series

Introduction Back to Contents

KeyCite is West’s citation research service available to you on Westlaw ® KeyCite tells you whether a case, statute, federal regulation, or federal administrative decision is GOOD LAW. KeyCite provides links to other cases, administrative decisions, and secondary sources that mention or discuss the case, statute, federal regulation, or federal administrative decision. Introduction

Use KeyCite to Be Sure It is critical in legal research to Find the relevant cases, statutes, federal regulations, and federal administrative decisions to support your legal argument Determine that a case, statute, federal regulation, or federal administrative decision is still good law and therefore can be used as the basis of your legal argument Introduction

KeyCite for Cases A case can be Reversed by a higher court Overruled at a later date Superseded by statute Criticized without being overruled Cited favorably by other courts, thereby strengthening its authority Introduction

KeyCite for Statutes A statute can be Repealed Amended Renumbered Subject to pending legislation Declared unconstitutional Preempted by federal law Introduction

Careful practitioners know that failure to consult KeyCite or a similar service can be considered legal malpractice. It is often professionally embarrassing! Introduction

In Newhouse v. McCormick, the court rejected Newhouse’s argument, which relied on Morris v. American Can Corp., a case that had been remanded and then reversed. As a result, Newhouse’s conduct was termed “frivolous” and “vexatious”, attorney fees were awarded to McCormick and the Court declared Newhouse eligible for Rule 38 sanctions. Morris Introduction

Had Newhouse checked Morris in KeyCite, Newhouse would have seen the red flag which indicates that the Morris can not not be relied upon for at least one point of law it discusses. KeyCite Introduction Reversed in Part, Vacated in Part Case in Point

KeyCite is Accurate - All information added to KeyCite undergoes rigorous analysis by West Group attorney-editors. Current - Direct History is added within one to four hours of receipt of a case; over-rulings are identified by attorney- editors within 24 hours of receipt; and citing cases are added as soon as they are added to Westlaw. Easy to Use - As you retrieve and read relevant materials, status flags and other symbols provide critical information. Introduction

KeyCite is Comprehensive - KeyCite covers All federal and state cases reported in West’s National Reporter System ® More than 1 million unreported cases and cases predating the National Reporter System More than 700 secondary sources, such as ALR ® articles, Am Jur ® 2d sections and law reviews The United States Code Annotated ® (USCA ® ) Statutes from all 50 states Code of Federal Regulations Patents Introduction

Comprehensive. KeyCite covers decisions of National Labor Relations Board Environmental Protection Agency Board of Immigration Appeals Tax Court Federal Communications Commission Office of the Comptroller General Patent and Trademark Office Board of Federal Contracts Appeals Federal Energy Regulatory Commission KeyCite also covers IRS materials, such as Revenue Rulings Revenue Procedures Technical Advice Memoranda Private Letter Rulings Introduction

At the Law School tab page, you can type the citation in the KeyCite this citation: text box and click GO. You can also click KeyCite on the Westlaw toolbar. Accessing KeyCite KeyCite this Citation KeyCite Introduction

When you access KeyCite, KeyCite History of the case, statute, administrative decision, or regulation is displayed in the right frame. You can access KeyCite Citing References on the Links for tab in the left frame. Citing References Links for History Introduction

Question You can use KeyCite to 1.Verify that a case, statute, federal regulation, or federal administrative decision is good law 2.Find materials in which a case, statute, federal regulation, or federal administrative decision has been cited 3.See where a case, statute, federal regulation, or federal administrative decision has been mentioned in the Washington Post or Los Angeles Times 4.Both 1 and 2

Question You can use KeyCite to 1.Verify that a case, statute, federal regulation, or federal administrative decision is good law 2.Find materials in which a case, statute, federal regulation, or federal administrative decision has been cited 3.See where a case, statute, federal regulation, or federal administrative decision has been mentioned in the Washington Post or Los Angeles Times 4.Both 1 and 2

Cases: KeyCite History Back to Contents

Use KeyCite History to Determine Whether Your Case Is Good Law KeyCite History includes Direct History of the case, which traces your case through the appeals court(s) Negative Indirect History, which includes cases outside the direct history of the case that might have a negative impact on the validity of your case Cases: History

Status flags give you an instant indication of whether your case is good law Red Flag - Your case is no longer good law for at least one of the points it contains. Yellow Flag - Your case has had some negative history but hasn’t been reversed or overruled. Blue H - Your case has some history. Green C - Your case has citing references but no direct or negative indirect history. KeyCite for Cases Cases: History

In the Direct History of the case, the case has been –reversed by a higher court –vacated by a higher court –remanded by a higher court to lower court for reconsideration OR In the Negative Indirect History, the case has been –overruled by another court at the same level in the same jurisdiction –superseded by statute as stated in a case A red flag means Cases: History

–disagrees without overruling –has factual distinctions –although negative it is from another jurisdiction –in some other way expresses dissatisfaction with the case without invalidating the case A yellow flag means another case in the Negative Indirect History of the case Cases: History

Direct History Traces a case as it moves through the appeals courts Integrates the full litigation history into a single display This result shows how the Floyd v. Waiters case moved through the appeals process Cases: History

Lists cases outside the direct appellate line that may have a negative impact of the validity of your case Can be so strong that it overrules or otherwise invalidates your case Can have little affect because it is such mild disagreement or because it is from outside the jurisdiction. Negative Indirect History Cases: History

Question Which of the following answers is true? Negative Indirect History 1.Can have no effect on the validity of a case 2.Always invalidates a case 3.Does not necessarily invalidate the case 4.All of the above

Question Which of the following answers is true? Negative Indirect History 1.Can have no effect on the validity of a case 2.Always invalidates a case 3.Does not necessarily invalidate the case 4.All of the above

Cases: KeyCite Citing References Back to Contents

Cases: KeyCite Citing References KeyCite Citing References result lists other cases and legal materials that cite your case. They include Cases Federal agency decisions Federal Register Law review articles ALR articles Am Jur 2d sections Restatements Treatises Briefs Cases: Citing References

KeyCite lists the citing references in the following order: Negative citing cases Positive citing cases Administrative materials Secondary sources, such as ALR articles, Am Jur 2d sections, law review articles, and treatises Briefs Citing References to the case can be positive or negative. They can strengthen or weaken the case. Citing References Cases: Citing References

Links in KeyCite Citing References allow you to jump to the place in Allstate where Fuller is first cited. KeyCite Citing References for Fuller v. Studer includes Allstate v. Mocaby. The Fuller case is highlighted in yellow in Allstate. Cases: Citing References

Graphic symbols in a KeyCite Citing References result instantly indicate which citations will be the most useful. Depth of treatment stars help you determine how extensively your case is discussed in a citing case or administrative document. Quotation marks indicate that some language from your case is quoted word for word in the citing case. The letters HN followed by one or more number indicates the number(s) of the headnote(s) discussing the legal issue(s) for which your case was cited. HN:3,4 Cases: Citing References

Depth of Treatment Stars Examined This case contains an extended discussion of your case, usually more than a printed page. Discussed This case contains a substantial discussion of your case, usually more than a paragraph but less than a printed page. Cited This case contains some discussion of your case, usually less than a paragraph. Mentioned This case contains a brief reference to your case. Cases: Citing References

Quotation marks - This case quotes Jackson Plus sign - This case cites Jackson multiple times HN:5,6 – This case discusses Jackson for the points of law discussed in headnotes 5 and 6 in Jackson. Cases: Citing References

Question In KeyCite, three stars mean: 1.The case has discussed the cited case in text that is from one paragraph to one page long 2.This is the best portion of the case 3.The citing case quotes language from the case 4.The citing judge really likes this case

Question In KeyCite, three stars mean: 1.The case has discussed the cited case in text that is from one paragraph to one page long 2.This is the best portion of the case 3.The citing case quotes language from the case 4.The citing judge really likes this case

Cases: Limiting KeyCite Citing References Back to Contents

Limits and Locate in KeyCite Roe v. Wade had 12,994 citing references on KeyCite on January 15, A Limit KeyCite Display button allows you to limit the citation results to specified criteria. Cases: Limiting Citing References Limit KeyCite Display

Select the desired criteria for your citing reference result. You can select any number or combination of criteria. We’ll start by selecting the issue discussed in headnote eight of Roe v. Wade. You can limit by Headnote (issue) Locate Jurisdiction Date Document type Depth of treatment 8 Cases: Limiting Citing References

Locate The second limitation is a date restrictor. Click Apply. Then choose Locate and enter “first trimester.” Date Apply Cases: Limiting Citing References

By using the date limit displayed on the last screen and requiring that the phrase first trimester occur in the citing references, we have limited the KeyCite results to the 3 citing documents from the original 12,994 that will be of most use to us. Cases: Limiting Citing References

Cases: Locate Limits More About KeyCite Locate KeyCite Locate allows you to narrow your KeyCite result to the citing references that contain certain terms. Only KeyCite Locate allows you to search for terms that appear in the same paragraph as the cited case. This is an exclusive feature of westlaw.com.®.. If your KeyCite display contains more than 2,000 citing references, you will need to first limit your results by other criteria.

Question You can limit the citing references in your KeyCite result by: 1.Date 2.Type of document 3.Headnote 4.All of the above

Question You can limit the citing references in your KeyCite result by: 1.Date 2.Type of document 3.Headnote 4.All of the above

KeyCite Notes: Expanding Your Research by Creating a KeyCite Citing References List from Within a Case Back to Contents

KeyCite Notes: Create a KeyCite Result from Within a Case KeyCite Notes helps you locate sources that cite your case for a legal issue summarized in a specific headnote. Access KeyCite Notes from a headnote or from the place in the opinion field of a case in which the court discussed the point of law summarized in the headnote. KeyCite Notes

provides a list of sources that cite both the case and the point of law you are researching lets you know of the sources and number of documents that cite the case and legal issue before you run your search KeyCite Notes

From within a case you have created a KeyCite Citing Reference list of the cases that have cited Roe for the point of law discussed in Headnote 1 of Roe. Creating a KeyCite Result from Within a Case KeyCite Notes

Table of Authorities Back to Contents

Table of Authorities The Table of Authorities service provides a list of cases cited in your case. KeyCite flags in the Table of Authorities allow you to quickly determine whether you are relying on a case with a hidden weakness. Table of Authorities is a KeyCite related service which includes KeyCite symbols. Table of Authorities

Access the Table of Authorities service by clicking the Table of Authorities link on the Link for tab in the left frame. Table of Authorities

Although the Nieminen case does not have a red or yellow flag, many of the cases Nieminen cites have KeyCite flags. A careful researcher would investigate to ensure that Nieminen did not rely on these cases in its holding. 11 cases were cited in the Nieminen case. Table of Authorities

The page number to the right of each case in the Table of Authorities is a link to where that case is first cited in the Nieminen case. A plus symbol following a page number indicates multiple citations in Nieminen. Table of Authorities

By clicking 584 following the Gulf Oil case in the Table of Authorities, you will go to page 584 of the Nieminen case, where Gulf Oil is cited. Nieminen Table of Authorities Gulf Oil

KeyCite for Statutes Back to Contents

KeyCite for Statutes KeyCite History indicates whether the statute is GOOD LAW. KeyCite Citing References lists cases, pending legislation, administrative materials, and secondary sources that discuss or cite the statute. Notes of Decisions (annotations) are the headnotes from cases that significantly interpreted or applied the statute. Statutes

KeyCite History for Statutes KeyCite flags indicate the status of the statute. A red flag indicates that the statute has been Recently amended Repealed Ruled unconstitutional Preempted Statutes: History

KeyCite History for Statutes A yellow flag indicates that the statute Has pending legislation Has been renumbered Has been transferred Contains an editor’s amendment note Was limited on constitutional or preemption grounds or its validity was otherwise called into doubt Statutes: History

KeyCite History for Statutes includes Updating documents (recently passed public laws) that have amended or repealed the statute Pending legislation (bills) that may affect the statute (available for USCA and most state statutory codes) Credits, also called Text Amendments, that are public laws that have enacted, amended, or renumbered a statute Historical and Statutory Notes, also called Editor’s Notes, that describe the legislative changes that have affected the statute Statutes: History

12 USCA 3401 was amended December 13, links to Legislative Action, which are Updating Document(s). Updating Documents are recent Public Laws. Updating Document page links to Public Law PL Statutes: History Updating Documents

Public Law amended 12 USCA 3401 Statutes: History

The yellow flag indicates there is pending legislation Pending Legislation are bills that could affect the statute. You can link to the pending legislation. Pending Legislation Statutes: History Pending Bills Pending Legislation

KeyCite Citing References for Statutes KeyCite Citing References are legal documents that discuss or mention your statute. Citing references include Pending legislation Notes of Decisions (annotations) in USCA Cases on Westlaw that do not appear in Notes of decisions (for example, unreported cases or cases too new to have headnotes) Administrative materials Secondary sources, such as ALR articles, Am Jur 2d sections, law reviews, and treatises. Statutes: Citing References

42 USCA 1981 (the equal rights statute) had 33,931 Citing References on January 16, Click Limit KeyCite Display to limit the citing references to the ones of most use to you. Citing References Limit KeyCite Display Statutes: Citing References

Notes of Decisions (by subtopic) Locate Jurisdiction Date Document type Select the limits you want to apply to your list of citing references You can limit citation results by any number or combination of Click Apply. Apply Statutes: Citing References

Using the criteria chosen on the previous screen, the citing references have been reduced from 33,931 to six. Statutes: Citing References

KeyCite Alert Return to Contents

KeyCite Alert KeyCite Alert is a service that automatically monitors the status of cases, statutes, federal regulations and federal administrative regulations and sends updates to you when there has been a change that might affect the validity of these documents. KeyCite Alert results are delivered to a destination you select, such as printer, fax machine, address, or wireless device. KeyCite Alert

Suppose you are basing a legal argument on the court’s decision in 100 S.Ct. 1. Before you file your briefs or make an argument at trial, you want to ensure that in the time since you last verified that the case was good law, there has been no change in the law might affect its validity. The Monitor with KeyCite Alert link lets you easily create a KeyCite Alert entry. KeyCite Alert

Next KeyCite Alert The Monitor with KeyCite Alert link brings you to the KeyCite Alert Wizard. The wizard takes you step by step through creating a KeyCite Alert entry. Click Next to continue.

Select which KeyCite features you want to monitor. Select how often you want the KeyCite Alert entry monitored. Select when you want to begin monitoring the case. Select a delivery destination KeyCite Alert

Click the Finish button when you reach this summary screen. Your KeyCite Alert entry is now listed in your KeyCite Alert Directory, along with any previously created entries. You can delete it at any time. Finish KC Alert Directory KeyCite Alert

Use KeyCite to ensure that you have solid foundations for your legal arguments. Key Cite is Current Accurate Easy to Use Comprehensive