Cameron Miranda
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 excellent research tools to assist in finding other cases that address similar legal issues. Headnotes in West reporters are written by the editors and address a specific point of law in the case, including relevant facts. Lexis headnotes are organized by broad topics and then progressively subdivided into narrower subjects. However, Lexis headnotes do not editorialize; instead, they lift language straight from the text of the case. While different law journals may have different formats and styles, the content of the headnotes remains the same across different journals covering the same case.
| Characteristics | Values |
|---|---|
| Headnotes in West reporters | Written by editors |
| Headnotes in Lexis | Lift language straight from the text of the case |
| Headnote subjects in Lexis | Broader concepts than the West key numbers |
| Headnotes in West reporters | Address a specific point of law in the case |
| Headnotes in Lexis | Organized by broad topics and progressively subdivided by narrower subjects |
| Headnotes in Westlaw | Indexed case law concepts in the late nineteenth century |
| Headnotes in Lexis | Searchable as part of the opinion |
| Headnotes in Lexis | Do not organize headnotes against a topic and outline number format |
| Headnotes in West | Classified against a complex outline of the law |
| Headnotes in West | Divided the law into approximately 400 or so general topics |
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What You'll Learn
Differences in headnotes between Lexis and Westlaw
Headnotes are summaries of a point of law that appear at the beginning of a case. They are excellent research tools to help find other cases that address similar legal issues. However, they are not part of the opinion and should not be cited in work. While both Lexis and Westlaw use headnotes, there are some differences in how they are presented and used.
Lexis headnotes are organized by broad topics, which are then progressively subdivided into narrower subjects. However, Lexis headnote subjects tend to be broader concepts than the West key numbers. Lexis headnotes do not editorialize; instead, they lift language straight from the text of the case. Lexis includes headnotes and summaries that are searchable as part of the opinion. However, it does not organize headnotes against a topic and outline number format as Westlaw does. Lexis headnotes are also numbered, but they are not the same as Westlaw headnotes, even in the same case.
Westlaw headnotes, on the other hand, are written by editors and address specific points of law in the case, including relevant facts. Each headnote in a West reporter is assigned a topic and key number, which can be used to find more cases on the same subject. The West Key Number System allows users to view other cases from within or across jurisdictions addressing similar issues. Westlaw began indexing case law concepts in the late nineteenth century, resulting in the West Topic and Key Number system. This system is more sophisticated than Lexis's, allowing for more precise legal research.
In summary, while both Lexis and Westlaw utilize headnotes, they differ in structure and functionality. Westlaw's headnotes are more detailed and provide a more sophisticated indexing system, while Lexis headnotes tend to be broader and may not always align with Westlaw's headnotes for the same case.
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Headnote links and the LexisNexis Headnotes section
Clicking on a headnote link will take you to the LexisNexis Headnotes section of the document. These headnotes are summaries of the points of law discussed in the case. They are written by editors and are excellent research tools to help find other cases that address similar legal issues. Lexis headnotes are organised by broad topics, which are then progressively subdivided into narrower subjects. However, Lexis headnote subjects tend to be broader concepts than West key numbers. Lexis headnotes do not editorialize; instead, they use language straight from the text of the case. Each headnote in a case published by Lexis can be assigned a topic and key number, which can be used to find more cases on the same subject.
Lexis headnotes are numbered, and while the numbers refer to the same case as West headnotes, the headnotes themselves are not the same. Lexis headnotes are searchable as part of the opinion, but they are not organised against a topic and outline number format like West headnotes. West's outline is dynamic and can be revised by editors, who provide cross-reference tables for old and new key numbers.
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Headnote citation guidelines
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 excellent research tools to assist in finding other cases that address similar legal issues. However, headnotes are not considered legal authority, and you should not cite them in your work product. Instead, when citing a case, you should cite the actual text of the opinion written by the judge or justice.
When citing a headnote, it is important to follow the appropriate citation format. For example, when citing a headnote in an anthology, follow the MLA format template. List the editor of the anthology in the Author element. If the editor is also the author of the introductory material, omit the label "editor" and provide the title of the material, followed by the title of the anthology as the title of the container. In the Contributors element, list the editor again, this time with the label "edited by". Provide the publication details for the anthology, followed by the page range for the introductory material.
Additionally, when citing a headnote in a law journal or case report, it is important to distinguish between the headnote and the actual text of the opinion. The headnote is written by the editors of the journal or report and is not part of the opinion. Therefore, when citing a specific point of law or holding from a case, be sure to cite the relevant page number or paragraph number from the opinion, rather than the headnote.
It is also worth noting that different law journals may have different formats or styles for headnotes. Some journals may include hyperlinks or embedded numbers throughout the text that correspond to specific headnotes. Clicking on these links will typically take you to the corresponding headnote, which provides a summary of the point of law discussed. Other journals may organize headnotes by broad topics and then progressively subdivide them into narrower subjects. Therefore, it is important to consult the specific guidelines or style guide of the law journal you are referencing to ensure accurate and consistent citation of headnotes.
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Headnote number assignment
Headnotes are summaries of a point of law that appear at the beginning of a case. They are written by editors and are excellent research tools to assist in finding other cases that address similar legal issues. Each headnote is numbered and is assigned a topic and key number. These topic and key numbers can be used to find more cases on the same subject. For example, Headnote 6 has been assigned the topic of damages and the key number of 57.21.
The number of headnotes is a matter of editorial discretion by the publisher. Different publications of the same opinion may yield different numbers of headnotes. Illinois cases that are officially reported also have headnotes, but these will vary in text and number from West’s versions.
Lexis headnotes are a little different from Westlaw headnotes. Lexis headnotes are organized by broad topics and then progressively subdivided by narrower subjects, but Lexis headnote subjects tend to be broader concepts than the West key numbers. Lexis headnotes do not editorialize, they lift language straight from the text of the case. Westlaw began indexing case law concepts in the 19th century, resulting in what is now the West Topic and Key Number system. In the West system, topics constitute large areas of law, such as Constitutional Law, within which discrete legal concepts are identified and assigned a number.
Digests are collections of headnotes for all state and federal cases arising from a particular jurisdiction. Digests have several identifiable parts, including topic volumes, the Descriptive Word Index, the Table of Cases, and sometimes a Plaintiff-Defendant and Defendant-Plaintiff set of volumes.
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Headnote topics and subtopics
Headnotes are summaries of a point of law that appear at the beginning of a case. They are written by editors and are excellent research tools to assist in finding other cases that address similar legal issues. Headnotes are not part of the opinion and are numbered. They address specific points of law in a case, including relevant facts.
Headnotes are assigned to specific topics and key numbers, which can be used to find more cases on the same subject. For example, Headnote 6 has been assigned the topic of "Damages" and the key number "57.21". This key number is the narrowest topic within the broader subjects of "Evidence" and "Torts".
The West Key Number System:
The West Key Number System, used by Westlaw, organises headnotes by broad topics and then progressively subdivides them into narrower subjects. The topics constitute large areas of law, such as Constitutional Law, which are then broken down into discrete legal concepts. For example, Constitutional Law > Substantive Due Process > Privacy > General Overview.
Lexis Headnotes:
Lexis headnotes are organised differently from Westlaw headnotes. They tend to be broader and do not editorialize, instead lifting language straight from the text of the case. However, they are still organised by broad topics and then subdivided into narrower subjects. For example, a Lexis headnote may fall under the topic of "Constitutional Law" with the subtopic of "Substantive Due Process".
Jurisdictional Digests:
Headnotes are also collected in jurisdictional digests, such as the Illinois Digest or the Federal Digest, and organised by topic and key number. This allows for the examination of all headnotes and cases from a particular jurisdiction on the same point of law.
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Frequently asked questions
No, different law journals do not have the same headnotes. Headnotes in West reporters are written by editors and address specific points of law in a case, including relevant facts. Lexis headnotes are organized by broad topics and then subdivided into narrower subjects, but they do not editorialize and instead lift language straight from the text of the case.
Headnotes are summaries of a point of law that appear at the beginning of a case. They are excellent research tools to assist in finding other cases that address similar legal issues.
On LexisNexis, you can use the "Shepardize - Narrow by this Headnote" feature to find cases that cite the same headnote and address the same legal issue. On Westlaw, you can use the "Cases That Cite This Headnote" link to find cases that cite a particular headnote.
Each headnote in a case published in a West reporter is assigned a topic and key number. These can be used to find more cases on the same subject. For example, if you want to find cases discussing what is needed to prove a claim of intentional infliction of emotional distress, you can use the topic of "Damages" and the key number "57.21".
Yes, each law journal has specific guidelines for authors regarding formatting, language, and content. For example, the University of Chicago Law Review requires manuscripts to be submitted in English, in a specific font, with particular margin sizes, and encourages the use of color for figures and maps.
