How To Find Cases n Using Digests

What Is A Digest? n A Topical Arrangement of Very Brief Summaries of the Points of Law Found in a Case. n Since Summaries (Headnotes) are Arranged Topically Once You Find a Relevant Case, Other Cases Dealing With the Same Subject are Easily Found.

Why Use A Digest? n Access Point to Case Reporters. n The Organized, Logical Approach Helps the Researcher to Understand Legal Issues in Context. n Allows the Researcher to Redefine Research Goals to Find the Best Precedents for your Research Problem.

Why Use A Digest? (cont.) n Summaries (Headnotes) Contain Citations to Cases so they may be Read in Full. n A Digest is a Case Finding Tool and Should Not be Relied on to Interpret Cases. n Never Cite to a Headnote. n Never Cite to a Case You Have Not Read In Full!

West Topic & Key # System n Law Organized into Seven Main Classes: –Persons –Property –Contracts –Torts –Crimes –Remedies –Government

West Topic & Key # System n At the Beginning of each Topic Area in the Digest, there is an Analysis (Outline) of that Particular Topic and Related Key Numbers

West Topic & Key # System n Each Class is Divided into Subclasses.

West Topic & Key # System n Each Subclass is Divided into Topics. n 400 Topics - Each A Legal Concept.

West Topic & Key # System n Each Topic is Subdivided into Paragraphs & Given Key Numbers

West Topic & Key # System n Within each Key Number –Cases are Arranged Hierarchically by Court Level –Circuits are listed in Numerical Order –States are listed Alphabetically

West Topic & Key # System n Each Case Published by West, has headnotes that Correspond to the Key #s

Types Of Digests n Usually a Separate set of Books.

Types Of Digests n To Find Cases in an Individual State use a State Digest (ex: Florida Digest) n To Find Cases in a Group of States use a Regional Digest (ex: North Western Digest) –Note: South Western, North Eastern & Southern Digests are No Longer Published.

Types Of Digests (cont.) n To find U.S. Supreme Court Cases –West’s Supreme Court Digest or –Lawyer’s Edition Supreme Court Digest n To Find Cases in All Federal Courts –West’s Federal Practice Digests 2d, 3rd and 4th (1961 to Date) –Modern Federal Practice Digest ( ) –West’s Federal Digest ( )

Types Of Digests (cont.) n To Find Cases From All Federal & State Courts n The American Digest System, –Century Digest ( ), –Decennial Digest 1st through 10th ( ), –and General Digest

More on the American Digest System n Decennial Digests Cover 10 Year Periods –Starting With The 9th Decennial Made Up Of Two Parts In Five Year Increments (Example: 10th Decennial Part 1 Covers , Part 2 Covers )

More on the American Digest System n For Complete Research –Need To Check Each Decennial –They are Not Cumulative! n To Update the most Recent Decennial –Use The General Digest –Check Each Volume of General Digest Every Tenth Volume of the General Digest Contains a Table of Topics and Key #s Covered in the Digest to that Point

Ways To Access All Digests n Descriptive-Word Index Method: –If Cases or Topics/Key Numbers are Not Known, Use Descriptive-Word Index Volumes Alphabetically Arranged, Highly Detailed. n Table Of Cases Method: –If Case Name Is Known, Use Table Of Cases Volumes

Ways To Access Digests n Words and Phrases Method: –Use Words and Phrases Volumes to find Cases which Judicially Define a Term n Headnote Method: If You Have A Case On Point –Use Headnotes from that Case to Identify Appropriate Topics and Key Numbers for use in Digest Volumes

Ways To Access Digests n Analysis/Topic Method: –Use Topical Outline (Analysis) at the Beginning of the Relevant Topic Area to Identify most Specific Key Number.

Ways To Access Digests n *Using A Combination Of Methods Will Yield The Best Results! n You Will Probably Find More Than One Relevant Key Number

Is My Research Complete and Up to Date? n Check Years of Coverage of Bound Volumes-Earlier Series Supplemented by Later Series n When using Current Series Check Topics and Key Numbers in Pocket Part at the back of the Volume n Check for Supplementary Pamphlets at End of Digest Set that Update Annual Pocket Parts for the Entire Digest Set

Is My Research Complete And Up To Date? n Check The “Closing with Cases Reported in” (Closing Table) Section of The Most Recent Pocket Part or Pamphlet –Then Check Digest Section of Appropriate Case Reporter Volume or Advance Sheets Not Covered by the Closing Table

Closing Points n If You Can Use One Digest You Can Use Them All! n Start With Narrow Geographic Area And Work Out n Can Use In Print Or Electronic Form- Same Organization n Confused? ASK A LIBRARIAN!