Kara Sears
Westlaw headnotes are brief summaries of a point of law or significant facts in a case. They are written by editors at Westlaw and Lexis and are designed to give a basic overview of the holdings. While headnotes are useful for legal research and can help to quickly understand the relevant parts of a decision, they are not considered legal authority and should not be cited in legal writing assignments. This is because they are not part of the actual text of a judicial opinion. Instead, they are editorial enhancements that can be used to find additional cases addressing similar issues.
| Characteristics | Values |
|---|---|
| Nature | Brief summaries of a legal rule or significant facts in a case |
| Written by | Editors at West and Lexis |
| Use | Help find additional cases addressing similar issues |
| Can be cited? | No |
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What You'll Learn
Headnotes are written by editors at Westlaw and Lexis
Headnotes are summaries of a point of law that appear at the beginning of a case. They are written by editors at Westlaw and Lexis and are designed to provide a basic rundown of the holdings. While the language used in the headnotes is sometimes lifted verbatim from the text of the opinion, they are not considered legal authority and should not be cited in legal writing assignments. Instead, they are excellent research tools to help legal professionals find other cases that address similar legal issues.
Westlaw headnotes are assigned topic and key numbers, which can be used to find more cases on the same subject. For example, if you are looking for cases that discuss the legal concept of "intentional infliction of emotional distress," you can use the topic of "Damages" and the key number "57.21" to search for relevant cases.
Lexis headnotes are organised differently from Westlaw headnotes. They are structured by broad topics and then progressively subdivided into narrower subjects. However, Lexis headnote subjects tend to be broader concepts than the West key numbers. Additionally, Lexis headnotes do not editorialize; instead, they lift the language directly from the text of the case.
When using Westlaw, legal professionals can encounter hyperlinks with numbers embedded throughout the text of an opinion. Clicking on one of these links will take them to the corresponding West Headnotes, which summarise the point of law being discussed. Westlaw also offers a "Negative Treatment" tab, which contains negative direct history and negative citing references.
In conclusion, while headnotes written by editors at Westlaw and Lexis are valuable tools for legal research and understanding the basic holdings of a case, they are not considered legal authority and should not be cited in legal work products. Instead, they serve as a starting point for further research and understanding of the relevant case law.
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They are summaries of a point of law
Headnotes are summaries of a point of law that appear at the beginning of a case. They are written by editors at Westlaw and Lexis and are sometimes verbatim from the text of the opinion. They are not part of the opinion itself but are designed to give a basic summary of the holdings. They are not considered legal authority and should not be cited in legal writing assignments. However, they are excellent research tools to help find other cases that address similar legal issues.
West Key Number System can be used to view other cases from within or across jurisdictions that address similar issues. This can be done by using the West Key Number System in the right column that corresponds with the headnote of interest by clicking on one of the key number hyperlinks.
Headnotes can be used to navigate within a case and expand your research. They are also useful for pinpointing the most relevant cases for a particular legal issue. By clicking on a headnote, you can view the corresponding West Headnotes summarizing that point of law. The number to the left of the headnote links to where that issue is addressed in the case.
Additionally, headnotes can be used to find other cases that cite a particular headnote, i.e., other cases that cite this case for this point of law. This can be done by clicking on the "Cases that cite this headnote" link located below the one-sentence summary of the point of law.
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They are not part of the opinion
Headnotes are summaries of a point of law that appear at the beginning of a case. They are written by editors at Westlaw and Lexis and are not part of the opinion. While they are excellent research tools to help find other cases that address similar legal issues, they are not considered legal authority and should not be cited in a writing assignment.
Headnotes are created by editors at West and Lexis as a research tool. They are not part of the text of the case and should not be cited. However, they can be helpful for navigating within a case and expanding your research. By clicking on a headnote, you can view the corresponding West Headnotes summarizing that point of law and find other cases that cite a particular headnote or address a similar issue.
The West Key Number System, for example, allows users to view other cases from within or across jurisdictions that address similar issues. This system corresponds with the headnote of interest by clicking on one of the key number hyperlinks. Similarly, Lexis uses a similar system called "Topics" to facilitate finding cases on a legal issue in any jurisdiction.
While headnotes can be useful for understanding the basic holdings of a case and navigating to the relevant parts of the decision, they should not be relied upon as the sole source of information. It is important to examine the opinion itself, as headnotes may gloss over important details or not be specific enough to answer your question.
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They are not considered legal authority
West Law headnotes are not considered legal authority and therefore cannot be cited as such. They are summaries of a point of law that appear at the beginning of a case and are written by editors at West Law and Lexis. They are not part of the opinion or the actual text of a judicial opinion. They are, however, excellent research tools to help find other cases that address similar legal issues.
Headnotes are useful for getting a quick understanding of a case and can help orient yourself before examining the opinion itself. They can be used to navigate within a case and expand your research. However, they may gloss over details or not be specific enough to answer your legal question. Therefore, while headnotes can be a helpful starting point, they should not be relied upon as a substitute for reading the full opinion.
It is important to note that while headnotes can provide a basic rundown of the holdings in a case, they are not written by the court but by editors at West Law and Lexis. As such, they do not carry the same weight as the actual text of a judicial opinion and are not considered legal authority.
In conclusion, West Law headnotes are not considered legal authority and should not be cited as such. They are research tools designed to help users navigate cases and find relevant information quickly. While they can be a helpful starting point, it is important to refer to the actual text of the opinion for a comprehensive understanding of the law.
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They are a research tool
Headnotes are summaries of a point of law that appear at the beginning of a case. They are written by editors at Westlaw and Lexis and are not part of the opinion. They are not considered legal authority and should not be cited in legal writing assignments. However, they are excellent research tools that can assist in finding other cases that address similar legal issues.
West Key Number System can be used to view other cases from within or across jurisdictions that address similar issues. It corresponds with the headnote of interest by clicking on one of the key number hyperlinks. Citing References identifies all cases that cite a particular case, while the Table of Authorities identifies all the cases relied upon and cited by a particular case.
WestLaw also offers a "Negative Treatment" tab containing negative direct history and negative citing references. The Key Number System is available on Westlaw but not on Lexis Advance and Bloomberg Law.
There are three methods to expand your research using a headnote in WestlawNext. Once you have located a promising case, read the headnotes at the top of the case. There are two views for headnotes. Clicking on a headnote and selecting "Get Documents" will allow you to find additional cases on the topic.
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Frequently asked questions
No. West Law headnotes are not considered legal authority and should not be cited in legal writing assignments.
West Law headnotes are brief summaries of a legal rule or significant facts in a case. They are written by editors at Westlaw and Lexis.
West Law headnotes are meant to be used as research tools to help navigate within a case and expand your research. They can also be used to find additional cases addressing similar issues.
When reading through an opinion on Westlaw, you may encounter hyperlinks with numbers embedded throughout the text. Clicking on one of those links will allow you to view the corresponding West Headnote summarizing that point of law.
