Cecily Zamora
When it comes to legal research, understanding how to navigate case law is crucial. Case law, also known as judicial opinions, can be challenging to locate due to the vast amount of information involved. Fortunately, digests serve as a powerful tool for finding judicial opinions. To effectively utilize digests, legal researchers must identify the relevant topic and key number corresponding to their specific legal query. This process is facilitated by the fact that West-reported cases include a topic and key number with each headnote. By referencing these topics and key numbers, researchers can easily locate cases that address similar points of law. Additionally, West digests provide guidance on identifying relevant topics and key numbers, even if the researcher is unsure where to start. It is worth noting that West's digests use a consistent system, making it easier for researchers to become familiar with their structure and efficiently locate the information they need.
| Characteristics | Values |
|---|---|
| Placement of the judicial opinion | Does not start right away; sometimes, it doesn't start for pages |
| Content before the judicial opinion | West's editorial content, which is often introductory |
| Heading | Case name, name of the court, docket number, and procedural history |
| Synopsis | Holding of the majority opinion |
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What You'll Learn
- Digests are a useful tool for finding judicial opinions
- West publishes the Decennial Digest and General Digest for legal researchers
- Each headnote has a topic and key number, aiding opinion searches
- Summaries of cases are provided to help researchers
- Case name, court name, docket number and history are included in the heading
Digests are a useful tool for finding judicial opinions
Digests are a powerful tool for finding judicial opinions. They are organised by topic and contain brief summaries of a decision's main issues, often referred to as headnotes. These headnotes are not considered primary law and should not be cited, but they are useful for helping users find relevant cases.
Digests are published by major legal publishers such as Thomson Reuters (formerly West Publishing Company) and Lexis, and are available for federal, state, and some regional and topical jurisdictions. They are updated through pocket parts inserted into specific digest volumes or separate paper supplementary pamphlets shelved next to the digest volume.
To use digests, researchers must know the topic and key number that correspond to their legal question. These can be found through headnotes attached to West-reported cases or by consulting the digest's Descriptive-Word Index or Outline of the Law. Once the appropriate topic and key number are identified, cases on that subject can be located using the Key Number in the relevant digest.
Digests also contain Tables of Cases volumes, which allow researchers to look up cases by the name of either party, and Words and Phrases volumes, which allow researchers to find opinions using a specific word or phrase.
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![Cases and opinions on international law, and various points of English law connected therewith, collected and digested from English and foreign reports, official documents and other so [Leather Bound]](https://m.media-amazon.com/images/I/61p2VzyfGpL._AC_UY218_.jpg)
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West publishes the Decennial Digest and General Digest for legal researchers
The West American Digest System is a system of identifying points of law from reported cases and organizing them by topic and key number. It was developed by West Publishing to organize the entire body of American law, making case law legal research less time-consuming. John B. West, the founder of West Publishing, described the problem of the rapidly growing American legal system of the 19th century and the difficulty of finding cases on a particular topic. To address this, he developed a system with two major parts. Firstly, West began to regularly publish cases from numerous American jurisdictions in bound volumes called reporters. The West National Reporter System now covers all state and federal appellate courts, as well as select trial courts.
The second part of the system involves the publication of the Decennial Digest and General Digest. For nationwide research, West publishes a General Digest volume once a month, incorporating classified digest notes from all reporters of the West National Reporter System. These are then cumulated into a Decennial Digest, which occurs every ten years. However, in recent decades, there have been multiple parts to the Decennial Digest, and the various Decennial Digests are not cumulated. Therefore, researchers conducting searches over several decades need to consult the relevant Decennial Digests and update their research with the most recent series of the General Digest.
The Decennial Digest and General Digest are part of a comprehensive system of legal research that facilitates access to case law and related topics. Each case published in a West reporter is evaluated by an editor or attorney-editor, who identifies the points of law cited or explained in the case. These summaries, known as headnotes, are typically a paragraph in length and are assigned a topic and key number. The headnotes are then arranged according to their topic and key number in multi-volume sets of books called Digests, serving as a subject index to the case law published in West reporters.
Researchers can search the digest electronically using Westlaw in several ways. The "Key Number Search Tool" identifies up to five key numbers through a word search. The "Key Numbers and Digest" feature allows browsing by subject using an expandable tree without requiring search terms. A key number search can be conducted using the "Terms and Connectors" method with a known topic and key number. The KeySearch feature provides a menu of hierarchical links that automatically generates a search. Researchers can also find relevant cases through keyword searching and then use the key number hyperlinks to locate related cases. Most secondary sources published by Thomson West, such as Corpus Juris Secundum and American Jurisprudence, have key number hyperlinks in their online Westlaw versions.
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Each headnote has a topic and key number, aiding opinion searches
A headnote is a brief summary of a particular point of law that is added to the text of a court decision. It is prefixed to the report of a decided legal case, stating the principles or rulings of the decision and usually the main facts of the case. They are typically found at the beginning of each opinion and help the reader quickly determine the issue(s) discussed in a case. Before a case is published in a reporter, an editor at West reads the case and selects the important issues of law. For each major issue, the editor then writes a short description called a headnote.
The key number, on the other hand, is a unique identifier assigned to each headnote. It serves as a code or classification system, allowing for efficient retrieval and organisation of legal information. The key number system is designed to group similar legal concepts and topics together, making it easier for researchers, lawyers, and legal professionals to locate relevant case law and precedents.
The combination of the topic and key number in a headnote facilitates efficient and targeted opinion searches. By using these tools, individuals can quickly identify and access court decisions that pertain to specific legal issues or areas of interest. This aids legal research and analysis by narrowing down the vast body of case law into more manageable and relevant subsets.
The topic of a headnote acts as a descriptive label, providing a concise overview of the legal matter at hand. It helps users understand the nature and focus of the court's opinion before delving into the detailed content. Meanwhile, the key number serves as a functional tool, enabling systematic organisation and retrieval of legal information. It allows for a standardised approach to categorising and searching for case law, ensuring consistency and accuracy in legal research.
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Summaries of cases are provided to help researchers
Digests provide brief summaries of each case, allowing researchers to make informed decisions about which cases they want to refer to first. These digests are not cumulative, so researchers must consult all the various series to find the information they need. Fortunately, all West's digests use the same system, so once a researcher learns to use one digest, they can use all of them.
The first bit of information a reported case gives to a researcher is in the heading, which includes the case name, the name of the court, the docket number, and any relevant procedural history. This is followed by a short synopsis of the case, including the holding of the majority opinion. This allows researchers to quickly parse the content and make an advance determination of its value before reading the entire opinion.
West editors assign a topic and key number to every headnote they create upon reading cases. Each key number corresponds to a specific issue within its topic, and judicial opinions discussing the same issue will feature the same topic and key number. Researchers can also find relevant topics and key numbers in annotated codes published by West.
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Case name, court name, docket number and history are included in the heading
When searching for case law, it's important to know that the judicial opinion doesn't start right away. In fact, there may be pages of introductory editorial content from the publisher before the opinion begins. This content is designed to help legal researchers quickly understand the context of the case. The first piece of information about a reported case is found in the heading, which includes the case name, the court that heard the case, the docket number, and relevant procedural history. This is followed by a short synopsis of the case, including the majority opinion. By scanning the heading and synopsis, researchers can decide whether the case is relevant to their query before reading the full opinion.
The case name is a unique identifier that allows for quick reference and differentiation from other cases. It is usually derived from the parties involved in the litigation and is structured such that the plaintiff or appellant is listed first, followed by the defendant or appellee. For example, the case name "Roe v. Wade" refers to a lawsuit between Norma McCorvey ("Jane Roe") and Henry Wade, the Dallas County District Attorney.
The court name in the heading indicates the specific court that heard the case. This could be a federal or state court, and it may include the name of the judge or panel of judges who presided over the case. The court name provides context for the jurisdiction and level of authority associated with the decision.
The docket number is a unique identifier assigned by the court to track and manage its caseload. It helps in organizing and retrieving case files and it ensures a consistent record-keeping system. The docket number is usually assigned when a case is filed and remains the same throughout the proceedings.
Finally, the heading may also include relevant procedural history, which provides a summary of the key events and milestones in the case. This includes information such as the dates when the case was filed, heard, and decided, as well as any previous rulings or appeals related to the case. The procedural history gives researchers a quick overview of the case's timeline and any legal proceedings that may have influenced the outcome.
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Frequently asked questions
Judicial opinions are cases that appear in reporters. They are published by West and include editorial content before the opinions.
Digests are a powerful tool for finding judicial opinions. Legal researchers need to know the topic and key number that correspond to the legal question being asked.
A digest provides brief summaries of cases, allowing researchers to decide which cases to pull from their respective reporters.
The heading includes the case name, the name of the court, the docket number, and any relevant procedural history.
When a new edition of the Decenniel Digest is published, the General Digest starts anew. Lawyers must consult both when using a "one-stop-shop" approach to researching with digests.
