The National Reporter System ® INSTRUCTIONAL AID SERIES West’s Instructional Aid Series Contents • Introduction: Case Law, the Courts, Doctrine of Precedent • The National.
Download ReportTranscript The National Reporter System ® INSTRUCTIONAL AID SERIES West’s Instructional Aid Series Contents • Introduction: Case Law, the Courts, Doctrine of Precedent • The National.
The National Reporter System
® INSTRUCTIONAL AID SERIES
West’s Instructional Aid Series
Contents
• Introduction: Case Law, the Courts, and the Doctrine of Precedent
• The National Reporter System
• The Topic and Key Number System
• Topic and Key Number Research
Introduction: Case Law, the Courts, and the Doctrine of Precedent
Introduction
Case Law: The Courts
• Trial courts are the entry to the court system. Trial courts are where – – attorneys present evidence and make arguments, and a judge or a judge and jury make determinations of law and fact.
• Appellate courts instructions.
hear appeals of trial court decisions to determine whether there were errors of law in the trial court decision, such as in the admission of evidence or in jury (There may be more than one level of appellate court. A higher level appellate court, such as a supreme court, hears appeals from an intermediate appellate court decision.)
Introduction
Case Law: The Courts
• There is a federal system of trial and appellate courts. – District courts are the federal trial level courts.
– Circuit courts and United States Supreme Court are the federal appellate courts.
• Each state has a system of trial and appellate courts. The number of appellate levels varies from state to state but each state has a trial-level court and at least one level of appellate court.
Introduction Federal Court System State Court Systems District courts (trial-level) (e.g., Southern District of New York, District of Minnesota) State trial-level courts Courts of appeals for the 13 federal circuits Most, but not all, states have at least one level of intermediate court(s) of appeal(s) State supreme court
United States Supreme Court
Introduction
Case Law: The Courts
• Appellate courts have control over trial courts in a specific geographic area or jurisdiction .
• Federal District of Minnesota cases are heard in the jurisdiction of the Eighth Circuit and its decisions can be appealed only to the U.S. Court of Appeals for the 8th Circuit. Decisions of the circuit courts can be appealed only to the United States Supreme Court.
Introduction
Case Law: The Doctrine of Precedent (Stare Decisis)
• Precedents are prior cases in the jurisdiction that are close in fact or legal principles to the case in consideration.
• The doctrine of precedent dictates that decisions reached in previous cases in the same jurisdiction dealing with the same or similar issues should be followed unless there is a good reason to deviate.
Introduction
The Doctrine of Precedent
• The decision of a court is binding authority on that court and on the lower courts in the same jurisdiction when deciding factually similar issues.
• The doctrine of precedent is founded on a sense of fairness and the belief that decisions should be consistent and not arbitrary so that the legal consequences of conduct can be predicted.
Introduction
The Doctrine of Precedent
• The doctrine of precedent explains why attorneys need access to prior cases decided by the highest court in the jurisdiction.
• Cases decided in another jurisdiction, although not binding as precedent, may be a valuable source of legal reasoning for an issue not previously addressed in the jurisdiction.
Question
The doctrine of precedent dictates that 1.
2.
3.
4.
Cases from other jurisdictions cannot influence a case in the jurisdiction Case law in a jurisdiction can never deviate from precedents Precedents in the jurisdiction should be followed unless there is a good reason to deviate All of the above
Question
The doctrine of precedent dictates that 1.
2.
3.
4.
Cases from other jurisdictions cannot influence a case in the jurisdiction Case law in a jurisdiction can never deviate from precedents Precedents in the jurisdiction should be followed unless there is a good reason to deviate All of the above
The National Reporter System
National Reporter System
Case Law
• Without a coherent, uniform means of accessing cases from all state and federal jurisdictions, finding cases discussing similar points of law would be immensely difficult.
• The National Reporter System organizes both federal and state case law into a cohesive body of law that can be researched within and across jurisdictions.
National Reporter System
Case Law
• Since 1879, West’s National Reporter System has compiled cases from state and federal courts and organized them into various reporter sets.
• Volumes in a set are numbered consecutively. A new series starting with volume 1 is begun when one series becomes too unwieldy, e.g., the volume following
999 F.Supp
. is
1 F.Supp.2d.
National Reporter System
Federal Case Law
• • • • Federal district (trial) level courts are published in the
Federal Supplement
®
.
Only a selection of district court cases is reported.
Citation format: 75 F.Supp. 225 13 F.Supp.2d 881 These cases are on Westlaw in the DCT and DCT OLD databases.
National Reporter System
Federal Case Law
• U.S. district court cases can be appealed to the Federal Circuit court that hears appeals from that district. There are 13 U.S. circuit courts of appeal.
• The decisions of the circuit courts are published in the
Federal Reporter
® .
• Citation format: 333 F.2d 120 37 F.3d 300
National Reporter System The Thirteen Federal Judicial Circuits The
Federal Reporter
cases are on Westlaw in the CTA and CTA-OLD databases.
National Reporter System
Federal Case Law
• Cases can be appealed from the circuit courts of appeals to the United States Supreme Court.
• Decisions of the United States Supreme Court are published in the
Supreme Court Reporter ® .
• Citation format: 99 S.Ct. 331.
• These cases are on Westlaw in the SCT and SCT OLD databases.
National Reporter System
Federal Case Law
There are also federal topical reporters that are part of West’s National Reporter System: •
Bankruptcy Reporter ®
•
Federal Rules Decisions ®
•
Military Justice Reporter ®
•
Federal Claims Reporter ™
National Reporter System
State Case Law
• Only state appellate-level opinions are reported in the National Reporter System. Trial-level decisions are not reported.
• Cases from all 50 states are published in one of seven regional reporters:
Atlantic Reporter ® , Southern Reporter ® , South Eastern Reporter ® , South Western Reporter ® , North Eastern Reporter ® , North Western Reporter ® ,
and
Pacific Reporter ® .
• There are approximately 30 state reporters, which are reprints of one state’s cases from a regional reporter.
National Reporter System
The States Included in Each of the Seven Regional Reporters
National Reporter System
State Case Law
This is the first page from a volume in the
Pacific Reporter
. It lists the states that have cases published in the
Pacific Reporter
.
National Reporter System •
Federal and State Case Law on Westlaw
All cases from all the federal reporters are in the ALLFEDS database.
• Each state has a Westlaw case law database. The identifiers are XX CS, where XX is the state’s two letter postal abbreviation. Examples: (NY-CS, FL-CS).
• All cases from each regional reporter are in separate databases, (NW, SW, SO, ATL, NE, PAC and SE).
• All cases from all state and regional reporters are in the ALLSTATES database.
• All cases from all state, regional, and federal reporters are in the ALLCASES database.
National Reporter System
Updating Reporters
• Print slip opinions (without corrections or enhancements) of individual cases are sent by the courts to government depository libraries shortly after the cases are decided.
• A slip-copy version of the case generally appears on Westlaw within two to twenty four hours of receipt of the case by West.
National Reporter System This is a slip-copy opinion as decided and filed with the court. It is on Westlaw but has not yet been editorially enhanced by West attorney-editors.
National Reporter System
Updating Reporters
• Attorneys have access to all but the most recent cases through the advance sheets (which update the hardbound reporters) and are issued every two weeks.
• After going through a thorough editorial process, a case generally appears in the appropriate reporter advance sheet within six to eight weeks of receipt of the case.
Question
Which of the following statements is false?
1.
2.
3.
4.
The National Reporter System was created in the mid-1950s to organize the greatly expanding number of court cases.
Most appellate court cases and some federal trial level cases appear in at least one reporter set.
There are jurisdictional reporters and there are subject- matter reporters.
Cases from all 50 states are published in the seven regional reporters.
Question
Which of the following statements is false?
1.
2.
3.
4.
The National Reporter System was created in the mid-1950s to organize the greatly expanding number of court cases.
Most appellate court cases and some federal trial level cases appear in at least one reporter set.
There are jurisdictional reporters and there are subject- matter reporters.
Cases from all 50 states are published in the seven regional reporters.
Attorney-Editorial Case Enhancements
Case Enhancements
Editorial Enhancements
• This slip opinion appears just as written by the judge and processed and filed with the court.
• West attorney-editors take the language of the court, correct errors, and add features that are essential tools for the careful researcher.
Case Enhancements
Editorial Scrutiny
• When West receives a slip opinion – the manuscript is scrutinized for accuracy – – – parallel citations are added textual information is updated the court is contacted if clarification or corrections are needed • More than 1.5 million case citations are checked, 500,000 parallel citations are added, and 80,000 errors in opinions are corrected each year.
Case Enhancements
Finding Tools
Both the advance sheets and the bound volumes of the reporters include: • a Table of Cases arranged by state • a Table of Statutes interpreted by cases covered • a list of Words and Phrases defined by the cases covered • Tables of the
Federal Rules of Civil Procedure Federal Rules of Evidence
and that are interpreted by the cases covered in the advance sheet or reporter
Case Enhancements
Editorial Enhancements Created by West Attorney-Editors
• Synopsis : A summary of the procedural history, the facts, the main points of law, and the holding of the case.
• Headnotes (digest paragraphs): Summaries of the points of law discussed in the body of the opinion. • Key Numbers : Headnotes are assigned to a topic and key number in the West Key Number System.
Case Enhancements
Editorial Enhancements
• Headnotes and synopses are prepared by West attorney-editors using – consistent and current legal terminology instead of ambiguous, regional, or outdated words – descriptive terms instead of proper names • Examples: – Tenant is used instead of Mr. Blake or plaintiff – – Aspirin is used instead of Advil Intoxicated or Tylenol is used instead of tipsy or inebriated These headnotes can help you retrieve many online cases that you might otherwise miss.
Case Enhancements
Synopsis and Headnotes
• The synopsis is the first paragraph of every National Reporter System case.
• Headnotes follow the synopsis in every National Reporter System case.
• Headnotes appear in the order the points of law are discussed in the case. Synopsis Headnote
Case Enhancements
Editorial Enhancements and Fields
• Each online National Reporter System case is divided into segments called fields.
• A digest (headnote) field search and/or synopsis field search is an efficient way to search the online case law databases.
di(wrongful! /3 terminat! discharg!)
• A digest field search allows you to retrieve a great number of cases that you would otherwise miss but at the same time will limit retrieved cases to ones in which the point of law you are researching is central to the holding of the case.
Case Enhancements
Digest Field Includes and Key Numbers and Headnotes
Digest Field • Key Numbers • Headnotes Synopsis Field • Procedural History • Central Points of Law • Holding of Case Topic/ Key Number Field Headnote Field
Case Enhancements
Field Searches on Westlaw
• Synopsis field search in Westlaw case law database:
sy(malpractice /p “foreign object”)
• Digest field (headnote) search in a Westlaw case law database:
di( bystander /p “emotional distress”)
• A combined synopsis and digest field search in a Westlaw case law database:
sy,di(landlord /p “common area”)
Case Enhancements Other fields: Citation •
Citation
(volume number, the reporter, and the first page number of the case) •
Title or Caption
(names of parties) •
Docket Number
(the number assigned to the case when it is filed with the court; this number follows the case through its litigation history) •
Attorneys of Record
•
Judge(s)
•
Opinion
Attorneys Judge(s) Opinion Title Docket Number
Case Enhancements You can access a list of Fields from Advanced Search This is a partial list of the fields in a case law database.
Question
Which of the following statements is false?
1.
Attorney-editors spot and summarize up to five points of law discussed in the case.
2.
3.
4.
Attorney-editors prepare a synopsis and headnotes, using universally recognized legal terminology.
Attorney-editors contact the court before making corrections to the decision.
Searching in the synopsis and digest fields on Westlaw allows you to retrieve more on-point documents and ensures that you retrieve only cases in which your issue is a central point of law in the decision.
Question
Which of the following statements is false?
1.
Attorney-editors spot and summarize up to five points of law discussed in the case.
2. Attorney-editors prepare a synopsis and headnotes, using universally recognized legal terminology.
3. Attorney-editors contact the court before making corrections to the decision.
4. Field searching in the synopsis and digest fields on Westlaw allows you to retrieve more on-point documents and ensures that you retrieve only cases in which your issue is a central point of law in the decision.
The Topic and Key Number System
The Topic and Key Number System
Headnotes are Assigned to a Topic and Key Number
• When West receives a slip opinion, a West attorney editor reads it and identifies the points of law discussed in the case.
• Each point of law is summarized in a headnote.
• After a careful analysis of the point of law the headnote discusses, the headnote is assigned to at least one key number in the West Topic and Key Number System.
The Topic and Key Number System
Headnotes and the Topic and Key Number System
Headnote Key Numbers This headnote summarizes a point of law discussed in this case. The headnote is assigned to key number 283 under Topic 76D (
Child Custody
).
The Topic and Key Number System The Topic and Key Number System is • the index to the entire National Reporter System • a comprehensive and detailed outline body of case law in this country of the entire • a classification system with a at least one topic and key number attached to each point of law (headnote) The Topic and Key Number System allows you to locate cases with the same or similar legal issues in any jurisdiction in the United States.
The Topic and Key Number System • The approximately 400 topics are arranged alphabetically and numbered between 1 and 450.
• Each topic addresses a broad legal issue. • Some topics have been added after the original 414 topics were assigned numbers – See 48A Automobiles and 48B Aviation • Other topics have been eliminated, renamed, or reorganized. (There is no longer a topic 3.)
The Topic and Key Number System 92 Constitutional Law (Topic) 92V Personal, Civil and Political Rights (Sub-Heading) 92k90 Freedom of Speech and of the Press 92k90.1 Particular Expressions and Limitations 92k90.1(1.2) k. Election Regulations (Specific Key Number) • Each topic is broken down into subheadings.
• There can be up to eight levels in the topic and key number hierarchy.
• This process continues until further breakdown of a point of law is unproductive and a specific key number is assigned.
See,
92k90.1(1.2) above.
• There are approximately 100,000 specific key numbers.
The Topic and Key Number System Topic number 361 Subheading 361k1381 Specific Key Number The intermediate levels of the key number hierarchy are not present in the print version of this case, but they permit useful key number searches on Westlaw when the specific key number needed cannot be identified. For example, you can search for cases assigned to any specific key numbers under subheading 361k1383
Question
The Topic and Key Number System is 1.
2.
3.
4.
An index to National Reporter System cases An outline of American law A classification system All of the above
Question
The Topic and Key Number System is 1.
2.
3.
4.
An index to National Reporter System cases An outline of American law A classification system All of the above
Key Number Digests
Digests
Key Numbers and Key Number Digests
• West’s
Key Number Digests
are the research link between key numbers and the National Reporter System cases.
• The digests contain the headnotes (digest paragraphs) and their corresponding topic and key numbers from every case in the National Reporter System.
• The headnotes (digest paragraphs) are organized alphabetically by topic and then numerically by key number.
Digests • This is a page from the Minnesota Digest. • Listed are all the headnotes (digest paragraphs) from Minnesota cases that discuss the points of law assigned to specific key numbers 8(2), 9, and 12 under the topic of
Abatement and Revival
.
Digests Digest sets include • State digests • Regional digests •
Federal Practice Digest
• Specialty subjects, such as Bankruptcy, Military Justice, Federal Claims,and Education Law digests • Decennial digests, which contain all headnotes from cases for each 10-year period beginning with 1897 • The
Century Digest
, which contains headnotes from cases from 1658 to 1896
Digests Each digest set spans many volumes and is organized first alphabetically by the more than 400 topics in the Key Number System, then numerically by key number.
Question
The Key Number Digests contain 1.
2.
The synopsis from each case in the National Reporter System Headnotes from cases in the National Reporter System, organized by date of case 3.
Citations to the full case 4. None of the above
Question
The Key Number Digests contain; 1. The synopsis from each case in the National Reporter System 2. Headnotes from cases in the National Reporter System, organized by date of case 3.
Citations to the full case 4. None of the above
Topic and Key Numbers Research
Research in Print Products
Using the Print Digests to Find Relevant Cases
Using a key number found in a case • You have found a case with a relevant headnote and assigned key number • Go to a print digest set covering the appropriate jurisdiction and find the volume covering that topic, then find the specific key number • All headnotes (digest paragraphs) from all cases discussing the point of law assigned to that key number are listed along with citations to the cases
Research in Print Products
Using the Print Digests to Find Relevant Cases
Topic Analysis Browse the topic list at the beginning of any Key Number digest volume to select a relevant topic.
Research in Print Products
Using the Print Digests to Find Relevant Cases
Topic Analysis Broad analysis Detailed analysis Each topic in a digest set has an Analysis section, providing both broad and detailed outlines of the topic .
Research in Print Products Topic Analysis
Subjects Included and Subjects Excluded Lists in the Digests
• Many legal topics overlap in subject content.
• At the beginning of every new topic in the print digest, there are
scope notes
that explain which subjects are included and which are excluded.
• The Subjects Excluded list directs you to the digest topic under which those subjects are covered.
• These lists also appear in the Scope information on Westlaw.
Research in Print Products
Using the Print Digests to Find Relevant Cases
Descriptive Word Index Each digest set includes a Descriptive Word Index. Specific words and phrases lead to relevant key numbers.
Research in Print Products
Using the Print Digests to Find Relevant Cases
Descriptive Word Index Most descriptive words fall into one of five categories of elements common to every case: • Parties or facts • Places and things • Issues or basis of action • Defenses • Relief sought
Research in Print Products
Descriptive Word Index
• Example: John Landlord failed to replace a light bulb in the hallway of one of his apartment buildings. Jane Tenant failed to see a step and fell down a flight of stairs. She is suing John for damages.
• You might start by checking in the Descriptive Word Index under landlord, tenant, negligence, apartment, common area, or premise liability . At least one of these entries will probably lead you to key numbers in cases that discuss the same or similar issues.
Research in Print Products
West’s Analysis of American Law
• • West’s Analysis of American Law list all the topics and the specific key numbers with the title given to each key number Constitutional Law, Topic No. 92 90.1
—Particular Expressions and Limitations (1.2) Election regulations This publication also contains Subjects Included and Subjects Excluded sections for each topic.
Research in Print Products
Using Key Numbers to Find Relevant Cases on Westlaw
• After conducting a word search on Westlaw, you find a relevant case with an on-point headnote.
• You can use the key number assigned to this headnote to retrieve other cases discussing the same point of law.
This is the most common way of finding relevant key numbers on Westlaw.
Research on Westlaw
A Westlaw Search Using a Key Number
• In either a • case law (reporter) or • headnote (digest) database • Using Terms and Connectors searching • When you have a topic and key number, simply enter it as your query:
92k90.1(1.2)
The “k” makes this a unique term. You will retrieve only documents containing the key number term.
Research on Westlaw
Westlaw Search for Relevant Key Numbers and Cases
• in either a • case law (reporter) or • headnote (digest) database • using Terms and Connectors searching • Known topic but unknown key number:
to(92) /p campaign /s contribut! /s speech
• Unknown topic and unknown key number:
di(campaign /s contribut! /s speech)
Question
Which of the following statement(s) is true?
1.
The most common method for using a key number to find cases is to work from a key number in a relevant case.
2.
3.
4.
The Descriptive Word Index is a Westlaw dictionary service.
There are no similarities between the print digests and the Westlaw headnote databases.
Both 1 and 3.
Question
Which of the following statement(s) is true?
1.
The most common method for using a key number to find cases is to work from a key number in a relevant case.
2.
3.
4.
The Descriptive Word Index is a Westlaw dictionary service.
There are no similarities between the print digests and the Westlaw headnote databases.
Both 1 and 3.
Conclusion The National Reporter System, the West editorial enhancements, the West Key Number System, and West’s Key Number Digests are an integrated research system that guides you to prior cases in any state or federal jurisdiction that discussed similar facts or points of law.