Legal Research for the Legal Assistant:Basic Methods of Finding Cases

(Federal & New York)

Janice E. Henderson, Esq., M.L.S.

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Case ResearchFederal & State Court Systems

Trial CourtsAppellate Courts

Courts of Last Resort

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Federal Court SystemTrial Court:

U.S. District Court Appellate Court:

Court of AppealsCourt of Last Resort:

U.S. Supreme Court

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Federal Court System

U.S. District CourtsComprises:94 Judicial Courts

◦Ex. New York has 4 District CourtsU.S. Bankruptcy CourtsU.S. Court of International TradeU.S. Court of Federal Claims

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New York District Courts

Southern District covers the Counties of Bronx, New York, Dutchess, Westchester, Orange, Putnam, Rockland and Sullivan.

Eastern District covers the Counties of Kings, Queens, Richmond, Nassau & Suffolk.

Northern District covers the Counties of Albany, Schenectady, etc.

Western District covers the Counties of Allegany, Monroe, Niagara, Ontario, etc.

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Courts of AppealsComprises 13 CircuitsSecond Circuit includes:

◦Connecticut◦New York ◦Vermont

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Federal Court System

U.S. Supreme Court

State Courts of Last ResortCourt of Appeals

for the Federal Circuit

U.S. Court of Appeals

Court of Appeals for the Armed Forces

Court of Federal Claims

U.S. Court of International Trade

U.S. Court of Veterans Appeals

U.S. District Courts

Tax CourtAdministrative Agencies:

Federal Trade CommissionNat’l Labor Relations Board

etc.

AppellateCourts

TrialCourts

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Federal Case ReportersDistrict Court Cases

Federal Supplement (F. Supp.)Federal Supplement 2d (F. Supp.

2d)

Court of Appeals CasesFederal Reporter (F.)Federal Reporter 2d (F.2d)Federal Reporter 3rd (F.3d)

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Federal Case Reporters

U.S. Supreme Court CasesU.S. Reports (U.S.)Supreme Court Reporter (S. Ct.)Lawyers Ed. (L. Ed.)Lawyers Ed. 2d (L. Ed. 2d)U.S. Law Week (U.S.L.W.)

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New York Court SystemTrial Court:

Supreme CourtAppellate Court:

Appellate DivisionCourt of Last Resort:

Court of Appeals

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New York Court SystemCourt of Appeals

Civil

Criminal

Non-Felonies in 2nd Dept.

Civil, felonies, all 3rd & 4th Dept. cases

3rd & 4th Depts.

2nd Dept.

Appellate Division of Supreme Court (4)

Appellate Terms ofSupreme Court (3)

Supreme Court (12) County Court (57)

Family Court (58)

Surrogate’sCourt (62)

City Court (61)Town & Village Justice Court

(1,487)

Court ofClaims

DistrictCourt (12)

Civil Court of the City of N.Y.

Criminal Court of the

City of New York

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New York Case Reporters

Supreme Court CasesOfficial Reporter:Miscellaneous Reporter (Misc.) Miscellaneous Reporter 2d (Misc.

2d)Unofficial Reporter:New York Supplement (N.Y.S.)New York Supplement 2d

(N.Y.S.2d)

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New York Case Reporters

Appellate Division CasesOfficial Reporter:Appellate Division Reporter (A.D.)Appellate Division Reporter 2d

(A.D.2d)Unofficial Reporter:New York Supplement (N.Y.S.)New York Supplement 2d

(N.Y.S.2d)

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New York Case Reporters

Court of Appeals Cases

New York Reports (N.Y.)New York Reports 2d (N.Y.2d)North Eastern Reporter (N.E.) (unofficial

reporter)North Eastern Reporter 2d (N.E.2d)New York Supplement (N.Y.S.)New York Supplement 2d (N.Y.S.2d)

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West Digest System

A digest, first published in 1848, is a multivolume index to the law. It consists of major topic headings, thousands of subheadings, and short summaries (commonly referred to as headnotes) of legal propositions stated in published court cases.

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West Digest SystemDigest Topics by Specialty

Note: Under these main headings West editors indexes the cases.

There are 7 main topics:

Persons

Property

Contracts

Torts

Crimes

Remedies

Government

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How to Use the Digest

Table of CasesDescriptive-Word IndexTopic AnalysisWords and Phrases

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West Digest SystemDigest Topics by Specialty

It is prudent to begin your search by using the general index at the end of the set. The reason for this is because a topic can be discussed under different main or sub-topics throughout the set. Unless you are quite familiar with the topic, you may miss an important discussion of your issue.

Let’s look at Commercial Law as an example of where it is discussed in the digest.

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West Digest SystemDigest Topics by Specialty

Example of Finding Commercial Law in the Digest under different subject headings.

Commercial Law 38 Assignments 51 Bankruptcy 52 Banks and Banking 56 Bills and Notes 70 Carriers 76 Chattel Mortgages 92b Consumer Credit 92h Consumer Protection 95 Contracts 117t Debtor and Creditor 186 Fraudulent Conveyances 219 Interest 278 Novation 294 Payment 343 Sales 349a Secured Transactions 382 Trade Regulation 403 Warehouse

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West Digest SystemTable of Cases

To find when a case is discussed in the digest, search by name of the case in the Table of Cases.

For example: In re Vienna Park Properties v. United Postal Savings Association, 976 F.2d 106.

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How to Use the DigestTable of Cases

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How to Use the DigestDescriptive-Word Index

Research Issue:

What if you were interested in finding out ifcreditors have to file a financing statement(UCC Form) in order to perfect a securityinterest in the rents a debtor collects fromhis rental property?

To start search the Descriptive-Word Indexfor the word: Perfection. Then go thedesignated volume.

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How to Use the DigestDescriptive-Word Index

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How to Use the DigestSecured Transactions Index

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How to Use the DigestTopic Analysis

At the beginning of each topic in a volume,there is a detailed analysis for that topic.

Startyour research here if you have completefamiliarity with the topic. You’ll also find

herewhat subjects are included or excluded in

thetopic.

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How to Use the DigestTopic Analysis

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Other Sources of Finding Case Law

Legal Encyclopedias◦American Jurisprudence, Corpus Juris

Secundum, New York Jurisprudence, etc.Loose-leaf ServicesTreatisesLaw Reviews, Practitioners Journals &

NewslettersAnnotated Statute

◦U.S. Code Annotated, U.S. Code Service, McKinney’s Consolidated Laws of N.Y., etc.

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Case Opinion Outline

There are several sections of an opinion:

TitleDocket NumberDecision DateCase SynopsisHeadnotes – only with West

ReportersOpinion

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Shepard’s / Keysite Research Tips

Why Use a Citation Service?A citation service

◦will tell you the status of the case by answering if the case has been overruled, etc.

◦will also tell you what other cases has cited the case.

◦will also give you a list of publications (law review articles, treatises) that discusses the case.

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Shepard’s / Keysite Research Tips

What is the importance of Parallel Citations?

Parallel citations are other reporters that have the case opinions. There may be official or unofficial reporters for state cases. Not every state has both. New York is a jurisdiction that does for each court level.

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Shepard’s / Keysite Research Tips

How do you use West’s headnotes when Shepardizing or Keysiting?

Select the headnotes that discusses the issue(s) you are interested in.

The headnotes includes the topic number and key number (issue number) in the West Digest System.

You can use the topic & key number in any digest. This system is universal. For instance, if you want to find federal cases and state cases, you’ll find the same types of cases in each digest.

Example of a digest topic & key number:◦ Secured Transactions 183 or for Westlaw 349a 183

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Shepard’s / Keysite Research Tips

What other services does a citation service provide?

Following are examples from Keycite and Shepard’s on how a citation service will tell you what other cases have cited or followed the case you’re interested in.

The service will tell you in what headnote your case is cited in.

Shepard’s on Lexis, like West with Keycite, includes Lexis’ own headnote system.

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Reading HeadnotesKeyCite

22. Cited by:Indian Motorcycle Associates III Ltd.

Partnership v. Massachusetts Housing Finance Agency, 66 F.3d 1246, 1254, 27 Bankr.Ct.Dec. 1230, 1230, Bankr. L. Rep. P 76,672, 76672 (1st Cir. (Mass.) Oct 02, 1995) (NO. 94-2233) HN: 5 (F.2d)

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Reading Headnotes

Shepard’s2ND CIRCUIT - U.S. DISTRICT COURTS 17.Followed by:Marine Midland Bank v. Breeden (In re

Bennett Funding Group, Inc.), 255 B.R. 616, 2000 U.S. Dist. LEXIS 17783, 43 U.C.C. Rep. Serv. 2d (CBC) 727 (N.D.N.Y. 2000) LexisNexis Headnotes HN19

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Purpose of Shepardizing / KeyCite

To find out the history of the case.

To extend your research to find other cases.

To find secondary sources to further your research.

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The End