Transcript What is KeyCite?

Online Guide to Using KeyCite
http://slisweb.sjsu.edu/resources/westlaw/keycite.pdf
What is KeyCite?
KeyCite is the citation service available on
Westlaw. You can use KeyCite to view the
history of a case, statute, administrative
decision, or regulation to help determine
whether it is good law and to retrieve
citing references.
What Can Be Searched in KeyCite?
 Case law
 Statutory citations
 Regulations
 Constitutional provisions
 Court rules
 Agency decisions
Restatements
 Law review articles
 U.S. patents

How to Access KeyCite
 From the Directory Page of
Westlaw
 Use Find to retrieve a specific citation
 Link to document from search results
 Open KeyCite.
KeyCite from Westlaw Opening Page
Find by Citation
KeyCite Directly
KeyCite Find Box
Find Using a Template
When you do not know the citation format.
Elements of a KeyCite Report
 KeyCite Summary
 Prior History (Direct history)
 Citing
Decisions
KeyCite Summary
KeyCite Status Flags for Cases
Full History (Prior, Direct History)
Direct history (Graphical view)
Direct History (Graphical View)
Procedural and Substantive Cites
Citing References
Analytical Treatment by Citing CasesTreatment Notations
 Affirmed: On
appeal, reconsideration, or
rehearing, the citing case affirms or
adheres to the reasoning employed by the
cited case.
 Followed: The citing case relies on the
cited as controlling or persuasive authority
Analytical Treatment
Continued
 Criticized: The citing case
criticizes some
aspect of the cited case, although the
citing court may not have the authority
to affect its precedential value
 Questioned: The citing case questions
the continuing validity or precedential
value of the cited case because of
intervening circumstances, such as
judicial or legislative overruling.
Analytical Treatment
Continued
• Overruled: The citing case overrules all
or part of the cited case
• Reversed: On appeal, reconsideration, or
rehearing, the citing case reverses the
cited case.
Analytical Treatment
Continued
 Explained:
The citing case explains or
interprets the reasoning or holding of the
cited case.
 Distinguished: The citing case differs
from the cited case in either fact
situation or legal issue.
Depth of Treatment Stars and
Quotation Marks
How to Limit Citing References Results
From any results screen, click on Limit KeyCite Display.
Restricting Citing References:
 Limit
by Headnote
 Limit by Locate
 Limit by Jurisdiction
 Limit by Date
 Limit by Document Type
 Limit by Depth of Treatment
 or Combination(s) of above
Limit by Document Type
Limit by Document Type
Limit by Headnote
Limit by Locate
Limit by Date
Limit by Date Range
Limit by Jurisdiction
Limit by Depth of Treatment
Results of Limit by Several Criteria
Table of Authorities
The Table of Authorities lists the cases
cited by a case. It is a useful tool for
finding hidden weaknesses in a case
because it not only lists the cases on
which your case relies but also shows
whether those cases have significant
negative history.
Click on Table of Authorities
Table of Authorities with Treatment
Signals for each Case
Elements of KeyCite Report for
Statutes
 KeyCite Summary
 Prior History
(Direct history)
 Citing Decisions
KeyCite Status Flags for Statutes
KeyCite Summary for Statutes
Repealed by Court
Decision - Section of Statute
Unconstitutional
Proposed Legislation
History of Statute
Citing References to Statutes
Citing References Arranged by Topic
Limits for Statutes by Topic
Statute with Red Flag
Methods of Delivery
Print
Save to Flash Drive
Print - Click on the Circled Printer
Documents must be in PDF
Click on Page Options to Print All or Parts
of the Document
PDF of Document Appears on Screen
Click the Printer Icon on Left
Reference Desk is the Default Printer
Choose What is to be Printed
To Save to Flash Drive Click on Print
Icon to Left
Then Click Print to File
Click to Open Disk and Save
Reminder of Citations on Sign Off