How To Find Cases

Using Digests

What Is A Digest?

A Topical Arrangement of Very Brief Summaries of the Points of Law Found in a Case.

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?

Access Point to Case Reporters. The Organized, Logical Approach

Helps the Researcher to Understand Legal Issues in Context.

Allows the Researcher to Redefine Research Goals to Find the Best Precedents for your Research Problem.

Why Use A Digest? (cont.)

Summaries (Headnotes) Contain Citations to Cases so they may be Read in Full.

A Digest is a Case Finding Tool and Should Not be Relied on to Interpret Cases.

Never Cite to a Headnote. Never Cite to a Case You Have Not

Read In Full!

West Topic & Key # System Law Organized into Seven Main

Classes: – Persons – Property– Contracts– Torts– Crimes– Remedies– Government

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

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

West Topic & Key # System Each Topic is Subdivided into

Paragraphs & Given Key Numbers

West Topic & Key # System 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 Each Case Published by West, has

headnotes that Correspond to the Key #s

Types Of Digests

Usually a Separate set of Books.

Types Of Digests

To Find Cases in an Individual State use a State Digest (ex: Florida Digest)

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.)

To find U.S. Supreme Court Cases – West’s Supreme Court Digest or– Lawyer’s Edition Supreme Court Digest

To Find Cases in All Federal Courts– West’s Federal Practice Digests 2d, 3rd

and 4th (1961 to Date)– Modern Federal Practice Digest (1939-

1961)– West’s Federal Digest (1754-1939)

Types Of Digests (cont.)

To Find Cases From All Federal & State Courts

The American Digest System, – Century Digest (1658-1896), – Decennial Digest 1st through 10th

(1897-1996), – and General Digest

More on the American Digest System 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

1986-1991, Part 2 Covers 1991-1996)

More on the American Digest System For Complete Research

– Need To Check Each Decennial– They are Not Cumulative!

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 Descriptive-Word Index Method:

– If Cases or Topics/Key Numbers are Not Known, Use Descriptive-Word Index Volumes • Alphabetically Arranged, Highly Detailed.

Table Of Cases Method: – If Case Name Is Known, Use Table Of

Cases Volumes

Ways To Access Digests

Words and Phrases Method: – Use Words and Phrases Volumes to find

Cases which Judicially Define a Term 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 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

*Using A Combination Of Methods Will Yield The Best Results!

You Will Probably Find More Than One Relevant Key Number

Is My Research Complete and Up to Date? Check Years of Coverage of Bound

Volumes-Earlier Series Supplemented by Later Series

When using Current Series Check Topics and Key Numbers in Pocket Part at the back of the Volume

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? 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

If You Can Use One Digest You Can Use Them All!

Start With Narrow Geographic Area And Work Out

Can Use In Print Or Electronic Form-Same Organization

Confused? ASK A LIBRARIAN!