Cecily Zamora
A digest is an index of case law that summarises the points of law discussed in each case and organises them by subject. It is a compilation of case annotations, arranged alphabetically by subject. Case annotations are short descriptions of a single aspect of a case. Most digests are published by West/Thomson Reuters and use the West Topic and Key Number System. This system categorises the law into approximately 400 topics, with each topic further subdivided into Key Numbers. To find case law digests, one must first identify the appropriate digest for the jurisdiction or topic being researched. For example, West's Illinois Digest 2d covers all reported Illinois Appellate and Illinois Supreme Court cases, as well as federal and U.S. Supreme Court decisions that arose in Illinois. It is important to note that digests do not provide the full text of cases cited and should not be the only source of information. To find the full text of a case, the citation to the case can be found at the end of each annotation. Additionally, online services such as PACER provide access to federal court cases and docket information.
| Characteristics | Values |
|---|---|
| Definition | A digest is a compilation of case annotations, arranged alphabetically by subject. |
| Case Annotations | Short descriptions of a single aspect of a case. |
| Publishers | Most digests are published by West/Thomson Reuters. LexisNexis is another major U.S. legal publisher. |
| Finding Cases | Locate cases that have defined a particular word or phrase using the Words and Phrases volumes. |
| Topics | The Key Number System categorizes the law into approximately 400 topics. |
| Key Numbers | Each topic is further subdivided into Key Numbers (approximately 100,000 distinct Key Numbers). |
| Case Citations | Citations can be found in the Table of Cases volume of the appropriate digest. |
| Updates | Supplementary pocket parts or separate interim pamphlets are used to update the digests. |
| Jurisdiction | Determine the jurisdiction for your case and consult a digest that covers that jurisdiction. |
| Online Sources | Public Access to Court Electronic Records (PACER) is an online service that allows users to search and locate federal court cases. |
Explore related products
What You'll Learn
Understand the purpose of a case law digest
A case law digest is a compilation of case annotations, arranged alphabetically by subject. Case annotations are short descriptions of a single aspect of a case. The purpose of a case law digest is to provide a comprehensive and accessible summary of case law on a particular topic, allowing researchers and legal professionals to quickly understand the key aspects of a large body of case law.
The digest typically includes the name of the case, the court that decided it, and a summary of the facts, legal issues, and holdings. It may also include information on the procedural history and disposition of the case. The digest can be a valuable resource for anyone seeking to understand the current state of the law on a particular topic, as it provides a concise and digestible summary of the key aspects of the relevant case law.
The Key Number System is used to categorise the law into approximately 400 topics, with each topic further subdivided into Key Numbers (approximately 100,000 distinct Key Numbers). This system is employed by West/Thomson Reuters, the publisher of most digests, and allows for the easy identification of relevant cases. The topics and key numbers are the same in every West publication, enabling researchers to find state and federal cases that address a particular point of law using any West Digest.
Additionally, the Descriptive Word Index is a useful tool found at the end of each digest set, helping users identify relevant broad topics and sub-topics (or key numbers). It is important to note that while digests provide summaries or headnotes and citations to relevant case law, they do not include the full text of the cases cited. Therefore, it is essential to refer to the original case documents for a comprehensive understanding of the law.
Case Law in Australia: Understanding the System
You may want to see also
Explore related products
Know how to locate case law in print
To locate case law in print, you need to know about two main tools: reporters and digests. Cases are published chronologically in reporters, which are organised by jurisdiction and date. Digests, on the other hand, are a tool used to locate cases. They are both a subject index and a topical outline of case law, containing summaries of legal issues discussed in cases. Most digests are published by West/Thomson Reuters and use the West Topic and Key Number System. This system categorises the law into approximately 400 topics, with each topic further subdivided into Key Numbers (there are about 100,000 distinct Key Numbers).
To locate case law in print, follow these steps:
- If you are unfamiliar with the topic, consult the Descriptive Word Index of the digest. Look up all possible terms related to your issue and note the topic and key numbers listed in the index subject headings.
- Select the appropriate digest volume that contains your topic and look up the topic and key number in the subject volumes.
- Consult the topic outline at the beginning of the topic to find related topics and key numbers.
- Use the topic and key numbers to locate relevant case summaries and their citations in the pages following the topic outline.
- Skim the summary paragraphs to determine which cases to pursue and note the case citations.
- Use the court and date abbreviations to target appropriate cases.
- Return to the digest with the topics and key numbers you noted to locate additional case law on your subject.
It is important to note that most states have individual digests, and several regional reporters have corresponding digests. There are also subject-specific digests, such as those focusing on bankruptcy or education law. Additionally, if you know the name of a case and the court in which it was decided, you can use the Table of Cases volume of the appropriate digest to identify a citation.
Case Law: IP's Foundation or Fluff?
You may want to see also
Explore related products
Learn how to use the Descriptive Word Index
The Descriptive Word Index is a detailed subject index to a digest, which is a major means of accessing case law by topic. It is usually located in the first or last volumes of the digest set. The index allows researchers to search by topics and subtopics, and to translate their ideas or issues into the topics and key numbers used in the digest.
To use the Descriptive Word Index, a researcher starts with a broad topic and then narrows it down to a subtopic. For example, if a researcher is interested in "abduction", they would first go to the Descriptive Word Index and look under "abduction", where they would find several subtopics. If they are only concerned with criminal liability, they would then look at "criminal liability" under "abduction". Criminal liability provides the user with the Topic and Key Number Crim Law 45.10. The front of each index provides the researcher with a list of digest topics and what the abbreviations mean. In this case, Crim Law means Criminal Law. Topics are in alphabetical order in the digest. Therefore, to locate Criminal Law, one would need to look on the spine of the book until they come to the appropriate volume.
Once the researcher has located a topic and key number in the Descriptive Word Index, they can go back to the "good case" approach. The "good case" approach involves reading abstract paragraphs of cases that illustrate a point of law. These paragraphs are found under the relevant topic and key number. After reading the abstract paragraphs, the researcher can decide which cases are relevant to their research and look them up in regional reporters. Researchers should also check the pocket part under the same topic and key number to see if there are any new cases on their topic.
In addition to the "one good case" approach, using the descriptive word index, or using the outline approach, digests can help researchers find cases when they only have partial citations. For example, if the researcher knows the jurisdiction, one or more names of the parties, and a general time period, a full citation can be found using the table of cases.
Penumbral Law Cases: Rights in the Shadows
You may want to see also
Explore related products
Understand the Key Number System
The West Key Number System is a classification system of U.S. law that indexes cases into over 400 topics and more than 98,000 legal issues. It was created by West Publishing more than 100 years ago to organize the entire body of American law. The system works in conjunction with headnotes, which are summaries of specific points of law addressed in a particular case. West editors identify the legal issues in cases and discuss each issue in a headnote. These headnotes are numbered, allowing users to navigate to the relevant section of the text where that issue is discussed.
Each headnote is then assigned one or more topics and Key Numbers. A key number consists of a topic number, followed by a number to identify the issue within that topic. For example, 349k28 refers to the topic of Searches and Seizures (349) and the issue of abandoned, surrendered, or disclaimed items (k28). The Key Number System allows users to efficiently find other cases addressing their legal issue in any jurisdiction because all federal and state cases included in the system are organized using the same topics and by the same points of law.
To use the West Key Number System, you can browse the topics by clicking on "Key Numbers" on Westlaw's homepage or by typing "West Key Number System" in the search bar. You will then find a list of topics that you can click on to view the outline structure, including sub-topics and sub-sub-topics. You can also search for Key Numbers relevant to your issue based on specific search terms. Clicking on a Key Number, such as 282k134, will pull up all the cases that West editors have deemed relevant to that legal topic.
It is important to note that browsing for key numbers may not be as efficient as entering the West Key Number System from a relevant case. Additionally, by default, you will only be shown cases from the same jurisdiction as your original case. However, you can change the jurisdiction using the "Change" link to browse cases in that key number from other jurisdictions. You can further refine your results using the filtering options in the left sidebar.
Understanding Significant Harm Case Law
You may want to see also
Explore related products
![Basic Legal Research: Tools and Strategies, Revised 8th Edition [Connected eBook with Study Center] (Aspen Coursebook Series)](https://m.media-amazon.com/images/I/81t2iaBh45L._AC_UL320_.jpg)
](https://m.media-amazon.com/images/I/81uR4LG5eAL._AC_UL320_.jpg)
Find cases online
Finding case law online can be a tricky business, especially if you are unsure of the specific terms or concepts that relate to your case. A digest is a compilation of case annotations, arranged alphabetically by subject. Case annotations are short descriptions of a single aspect of a case. Most digests are published by West/Thomson Reuters and use the West Topic and
The Key Number System categorizes the law into approximately 400 topics, with each topic further subdivided into Key Numbers (there are approximately 100,000 distinct Key Numbers). The West Topic and Key Number System is used in West's online system, so knowing how the information is organized can help you to better understand your online research results.
If you can find one case on your topic from any state or jurisdiction, you can use a digest to find similar cases in your jurisdiction. Legal encyclopedias, law review articles, treatises, and ALR annotations are excellent sources to look for a case from which to start. Once you have a citation for a case addressing your topic, you must find that case in a West reporter.
FindLaw offers a database of case law from the U.S. Supreme Court and U.S. Circuit Courts of Appeal, as well as several state supreme courts. The BAILII website also has links to transcripts. The ICLR.3 service from the Incorporated Council of Law Reporting (ICLR) provides free summarized reports of cases from 2009 onwards heard by the UK Supreme Court, House of Lords, Privy Council, Court of Appeal, and all divisions of the High Court. The database is updated daily, Monday to Friday, and can be used to find references for any case published by the ICLR from 1865 onwards.
In the UK, Rightsnet provides information, advice, and news on social welfare law, principally through its caselaw subscription service. The freely accessible “Resources” section contains links to key online sources for case law. The Scottish Courts and Tribunals Service (SCTS) is responsible for the administration of the courts and tribunals of Scotland. Lawtel contains summaries of reported and unreported cases from 1980 onwards, with links to full-text transcripts online.
Case Law and Government: What's Missing?
You may want to see also
Frequently asked questions
A digest is an index to case law; it compiles case annotations and organises them by subject. Case annotations are short descriptions of a single aspect of a case.
First, determine the jurisdiction for which you need to find cases. Then, consult a digest that covers that jurisdiction. You can use the Descriptive Word Index to translate your ideas or issues into the topics and key numbers used in the digest. The main volumes of the digest are arranged alphabetically by topic.
Digests are available in print and online. You can find print digests in libraries, and online digests through online services such as PACER, which allows users to search and locate federal court cases.
![The Process of Legal Research: Practices and Resources [Connected eBook with Study Center]](https://m.media-amazon.com/images/I/71OG9MNqOCL._AC_UL320_.jpg)
![Basic Legal Research Workbook: [Connected eBook with Study Center] (Aspen Coursebook)](https://m.media-amazon.com/images/I/713yVkqxiRL._AC_UL320_.jpg)
