Gavin Howe
Westlaw is an online legal research service that provides users with access to a vast array of legal sources, including case law. It offers a variety of tools to facilitate efficient case law research, such as headnotes, Key Numbers, and advanced search options. This guide will provide an overview of the steps involved in researching case law on Westlaw, including finding relevant cases, understanding headnotes and Key Numbers, and utilising advanced search features to narrow or broaden your search effectively. By the end of this guide, you should be able to navigate Westlaw confidently and locate the case law you need to support your legal arguments.
| Characteristics | Values |
|---|---|
| What to look for | Primary sources of law, including case law, statutes, and regulations |
| Where to look | Online research services designed for the law, such as Westlaw |
| How to narrow down results | Use search terms and connectors on Westlaw |
| How to find more cases | Use headnotes and Key Numbers within a case on Westlaw |
| How to find briefs | Check under the "Filings" tab on Westlaw |
| How to find a specific case or set of cases | Navigate to the Cases page on Westlaw, then select Advanced Search |
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What You'll Learn
Using headnotes and Key Numbers to find relevant case law
Headnotes and Key Numbers are useful tools for finding relevant case law on Westlaw. Headnotes are summaries of specific points of law addressed in a particular case. They are typically found at the beginning of each opinion and help the reader quickly determine the issue(s) discussed in the case.
West editors identify the legal issues in cases and discuss each issue in a headnote. Headnotes are numbered so you can use them as you would a table of contents for a case; you can click on the number to go to the spot in the text where that issue is discussed or click on the corresponding number in the text to go back to the headnote.
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. Westlaw assigns a topic and key number to each legal issue within a case. 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).
To find relevant case law using headnotes and Key Numbers, follow these steps:
- Find a case with a useful headnote at the top.
- Click on a relevant key number next to the headnote.
- Search or narrow by jurisdiction to identify relevant cases.
- Use the “Search within results” option to narrow the headnotes to those containing specific keywords.
- Browse the topics in the West Key Number System by clicking on "Key Numbers" on Westlaw's homepage.
- From a relevant case, enter the West Key Number System to browse for key numbers efficiently.
- Use the "Change" link to browse cases from other jurisdictions with the same key number.
- Refine your results using the filtering options in the left sidebar.
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Knowing which jurisdiction to focus on
When researching case law on Westlaw, it is important to know which jurisdiction to focus on to ensure you are searching for cases in the correct region and that the cases you find are relevant to your research query.
To begin your search, go to the Westlaw homepage and select "Cases". Then, you will need to pick the particular jurisdiction that you want to search within. For example, you might choose "All Federal" or a specific circuit, such as the 3rd Circuit or the 9th Circuit. You can also select a specific state jurisdiction, such as California Federal District Courts.
If you are unsure which jurisdiction to select, you can start by running a broad search across all jurisdictions. To do this, simply choose "All Federal Cases" after clicking on "Cases". This will automatically place you in the advanced search function, where you can narrow your search using specific terms and connectors.
However, if you are looking for a very specific case or set of cases, you will need to be more precise with your jurisdiction selection. For example, if you are looking for every opinion that a certain judge has written in, you will need to select the specific jurisdiction that this judge works within.
Remember, you can always adjust your jurisdiction selection as you refine your search. Westlaw allows you to add, change, or remove jurisdictions using the "Change" link and then applying your changes.
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Finding the annotated version of a statute or regulation
Westlaw provides access to annotated versions of statutes and regulations. Annotated codes provide useful context, such as the history of the statute, summaries of cases, and links to related laws and secondary sources.
To find the annotated version of a federal statute on Westlaw, first select Federal Materials and then United States Code Annotated (USCA). You can then use the Popular Name Table to find a federal statute if you know the name of an act. Acts are listed alphabetically, so you can scroll or use the search function to find the act you are looking for. Once you select an act, Westlaw will take you to a page that lists each section of the act and provides a link to where that section was codified in the United States Code.
If you are looking for a specific section of an act, you can use the index to the United States Code Annotated. To access the index, select Federal Materials, United States Code Annotated (USCA), and then Index - USCA under Tools & Resources.
You can also conduct a keyword search for federal statutes in Westlaw by selecting Federal Materials and then United States Code Annotated (USCA). Both Westlaw and Lexis provide an Advanced search option that can help you formulate a more complex keyword search.
In addition to the USCA, Westlaw has annotated codes available for states. To access these, simply click on the state of interest to browse its annotated code. Westlaw also provides access to an annotated version of the Uniform Commercial Code (UCC).
If you are looking for historical versions of statutes, there are several ways to access them on Westlaw. One way is to click on "Statutes & Court Rules" on the "Content Types" tab, then click on "Historical Statutes" in the right column under "Tools & Resources," and finally click on the name of the desired jurisdiction. Alternatively, you can type "historical" followed by the jurisdiction of the statutes, and then click on "Statutes Annotated – Historical" from the suggestion drop-down.
Another useful feature on Westlaw is Statutes Compare, which allows you to instantly compare different versions of a statute and see how it has changed over time. Once you are viewing a statute in Westlaw, simply click on the "Compare Versions" button on the right-hand side to create a single document showing the historical changes.
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Using search terms and connectors to broaden or narrow your search
To broaden or narrow your search on Westlaw, you can use search terms and connectors.
If your search retrieves too few results, you can broaden it by using OR or root expanders. For instance, to ensure that at least one of a list of terms appears in your results, separate your terms with OR (in capital letters). This is especially useful for linking synonyms or related terms, for example, "documentary OR movie OR film".
To search for a root with multiple possible endings, place an exclamation mark at the end of the root. For example, "discrim!" will return results containing "discriminate", "discrimination", "discriminatory", "discriminated", "discriminates", and "discriminating".
If your search retrieves too many results, you can narrow it down by searching for exact phrases, using AND or NOT, proximity connectors, or the ATLEAST function. For instance, to search for an exact phrase, put the phrase in quotation marks, such as "fair use". To require a term or phrase to be present in your search results, connect it to your search string with AND (in capital letters). For example, "fair use" AND documentary.
To get only results that do not contain a term or phrase, connect it to your search string with AND NOT (on Westlaw) or BUT NOT (on Lexis). This is useful when a term is used in more than one legal field, but you are only interested in one of them. For example, "fair use" BUT NOT documentary.
To ensure your terms appear near each other in your results, use a proximity operator between them. The proximity connectors /{number}p, /{number}s, and /{number} are used to specify the relationships between your search terms. For instance, /p requires your term to be in the same paragraph, /s requires them to be in the same sentence, and /# requires them to be within a specified number of words of each other.
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Finding briefs to see how lawyers structured their arguments
Westlaw is a powerful tool for legal research, providing access to a vast collection of legal briefs from across the United States. Westlaw's legal brief tools are an excellent resource for gaining insights into how lawyers have structured their arguments in previous cases.
To find briefs on Westlaw, start by navigating to the Cases page and selecting the "Advanced Search" option. Here, you can input specific search terms and connectors to narrow or broaden your search. You can also specify the jurisdiction of interest, such as federal or state-specific cases.
Once you've found a relevant case, you can look for the briefs filed in that case. Westlaw may provide these briefs under the Filings tab for a given case, but note that its coverage might not be comprehensive. Briefs can offer valuable insights into how lawyers structured their arguments, the cases they cited as authority, and the strategies they employed.
Additionally, Westlaw's Pleadings, Motions, and Memoranda collection includes filings from state trial courts, U.S. district courts, and federal bankruptcy courts. Uploading a brief or motion to Westlaw's Quick Check feature can help identify new authority and related law, providing a comprehensive understanding of the legal landscape surrounding a case.
By utilizing Westlaw's extensive resources, you can gain valuable insights into how lawyers have structured their arguments in previous cases, enabling you to strengthen your own arguments and effectively represent your clients.
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Frequently asked questions
Start by gathering the facts and understanding the legal issue. Then, search for primary sources of law, including case law, statutes, and regulations. If you already have found some case law in secondary sources, you can use it to find other relevant cases.
Once you have found a good case, you can use the headnotes and Key Numbers within it to find more relevant cases. Headnotes summarize each of the case's important legal issues and are assigned a Key Number based on the associated topic.
Pull up the annotated version of the statute or regulation on Westlaw. The annotations will include a list of important cases that cite your statute or regulation, which can be organized by topic.
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