The Topic and Key Number System

1
The Topic and Key Number System in the Legal
Research Universe
Wests Instructional Aids Series
2
Contents
Wests Instructional Aids Series

• Introduction to the Doctrine of Precedent, the
  National Reporter System, Headnotes, the Key
  Number System and the Key Number Digests
• The Topic and Key Number System
• Key Number Digests
• Finding and Using Relevant Key Numbers
• KeySearch?

3
Introduction

Back to Contents
4
The Doctrine of Precedent
Introduction

• Precedents are prior cases in the jurisdiction
  that are close in fact or legal principles to the
  case in consideration.
• The doctrine of precedent dictates that decisions
  reached in previous cases in the jurisdiction
  dealing with the same or similar issues should be
  followed, unless there is a good reason to
  deviate.

5
The Doctrine of Precedent
Introduction

• The doctrine of precedent is founded on a sense
  of fairness and the belief that decisions should
  be consistent and not arbitrary so that the legal
  consequence of conduct can be predicted.
• This doctrine explains the attorneys need for
  access to prior cases in the jurisdiction dealing
  with the same or similar issues.

6
National Reporter System, Headnotes, the Key
Number System and the Key Number Digests
Introduction

• The National Reporter System is the name
  given to the entire group of publications that
  report both state and federal cases decided
  throughout the country. Some reporters cover
  specialty topics, such as bankruptcy.

7
Headnotes in a Case
Introduction
Headnote 2

• Headnotes appear before the text of every case in
  the National Reporter System.
• A headnote is a paragraph summary of a single
  point of law discussed in the case.
• Headnotes appear in the order the points of law
  are discussed in the case.

Headnote 1
8
Headnotes (Digest Paragraphs)
Introduction

• Headnotes are prepared by West attorney-editors
  using
• consistent and current legal terminology instead
  of ambiguous, regional or outdated words
• descriptive terms instead of proper names
• Language of Opinion Language of Headnote
• - Mr. Brown or plaintiff - landlord
• - Tylenol or Bufferin - aspirin
• - tipsy or inebriated - intoxicated
• The headnotes help you retrieve many online cases
  that you would otherwise miss.

9
Headnote and Key Number
Introduction
The point of law discussed in each headnote is
assigned to at least one West topic number and
key number.

10
Wests Key Number Digests
Introduction

• The headnotes from every reported case in the
  National Reporter System are organized by topic
  and key number in Wests Key Number Digests.
  Headnotes become digest paragraphs.
• There are
• federal, state, and regional digests
• special-subject digests
• digests that cover specific periods of time

11
Wests Key Number Digests
Introduction

• Using an on-point key number, you can find
  similar headnotes from other cases in any
  National Reporter System publication.
• Each headnote in a digest cites, and on Westlaw
  links, to the case in which the headnote appears.
  

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5.
4.
1.
4
Digests
National Reporter System
Constitutional Law
3.
2.
3
Headnotes
Topic and Key Number System
1. Cases are printed in the National Reporter
System reporters.
2. Each point of law discussed in a case is
summarized in a headnote.
3. The point of law in each headnote is assigned
a key number(s).
4. Digests organize all headnotes (digest
paragraphs) by key number.
5. The key number in a digest is used to find
other relevant cases.
13
Question

• Wests Key Number System integrates
• The National Reporter System
• The Key Number Digests
• Headnotes that precede each National Reporter
  System case
• All of the above

14
Question

• Wests Key Number System integrates
• The National Reporter System
• The Key Number Digests
• Headnotes that precede each National Reporter
  System case
• All of the above

15
The Topic and Key Number System

Back to Contents
16
Headnotes and the Topic and Key Number System
The Topic and Key Number System

• When West receives an opinion from the court, a
  West attorney-editor identifies the points of law
  discussed in the case.
• Each point of law is summarized in a headnote.
• After carefully analyzing the point of law that
  the headnote discusses, the West attorney-editor
  assigns the headnote to at least one key number
  in the West Topic and Key Number System.

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The Topic and Key Number System
Headnote Number (2)
Topic Number (92)
Key Number 90.1(1.2)
Headnote
This headnote summarizes the second point of law
discussed in this case on Westlaw. The headnote
is assigned to key number 90.1(1.2) under Topic
92 (Constitutional Law).
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The West Topic and Key Number System
The Topic and Key Number System

• is an extensive outline of the entire body of
  case law in this country.
• is an index to the entire National Reporter
  System, helping you more easily locate cases
  with similar legal issues in any jurisdiction.
• is a classification system with at least one
  topic and key number assigned to each point of
  law.

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The West Topic and Key Number System
The Topic and Key Number System

• divides the law into approximately 400 broad
  digest topics.
• breaks down each topic into subheadings
• contains approximately 100,000 specific key
  numbers

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Topics
The Topic and Key Number System

• The topic are arranged alphabetically and
  numbered between 1 and 450.
• Each topic addresses a broad legal issue.
• Some topics have been added after the original
  414 topics were assigned numbers.
• See, 48A Automobiles
• See, 48B Aviation
• Other topics have been eliminated or renamed
  (e.g., West attorney-editors no longer use topic
  3).

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Topics and Key Numbers
The Topic and Key Number System
92 Constitutional Law (Topic) 92V Personal,
Civil and Political Rights (Subheading) 92k90
Freedom of Speech and of the Press 92k90.1
Particular Expressions and Limitations
92k90.1(1.2) k. Election Regulations

(Specific Key Number)

• Each topic is broken down into subheadings.
• There can be as many as eight levels in the topic
  and key number hierarchy.
• This process continues until further breakdown of
  a legal issue is unproductive and a specific key
  number is assigned. See, 92k90.1(1.2), above.

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Topics, Subheadings, and Key Numbers
The Topic and Key Number System

• This is a breakdown of subheading 90.1
  (Particular expressions and limitations) under
  the Constitutional Law topic and subheading V.
  (Personal, Civil and Political Rights) in the
  print version of the digest.
• 92k90.1(1.2) is the specific key number dealing
  with Election regulations.

23
Currentness of Topics
The Topic and Key Number System

• Topics or portions of topics are added, renamed,
  expanded, contracted, merged, or eliminated as
  law, society, and political sensitivity dictate.
• Insurance topic was reorganized in 1998
  Negligence topic was reorganized in 1999
• RICO topic was added in 1990 Sentencing topic
  was added in 2000
• Drunkards topic became inactive in 1978 and all
  new cases were classified under a new topic,
  Chemical Dependents. The new topic also contains
  some issues that were previously categorized
  under Drugs and Narcotics
• Insane Persons topic was renamed Mental Health

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Currentness of Key Numbers
The Topic and Key Number System

• Key numbers are added, renumbered, or transferred
  to other topics as law, society, and political
  sensitivity dictate.
• What was once a specific key number may be
  expanded over time to provide deeper analysis of
  a growing area of the law.
• Translation tables in print volumes aid in
  moving between the old and new classifications.
• On Westlaw, a Formerly line is added to key
  numbers that have changed so you can search by
  old or new key number. (See below.)

25

The Topic and Key Number System

• Think of the topic and key number as an address
• Each street in the city represents a digest
  topic.
• There are many houses on each street and each
  house has its own number.
• In order to find a particular house, you must
  know both the street name (topic) and the house
  number (key number).

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Question

• The West Topic and Key Number System
• Divides the law into approximately 400 broad
  legal topics
• Divides the law into approximately 100,000
  specific key numbers
• Is an index to every case in the National
  Reporter System
• All of the above

27
Question

• The West Topic and Key Number System
• Divides the law into approximately 400 broad
  legal topics
• Divides the law into approximately 100,000
  specific key numbers
• Is an index to every case in the National
  Reporter System
• All of the above

28
Key Number Digests

Back to Contents
29
Key Numbers and Key Number Digests
Digests

• Wests Key Number Digests are the research link
  between Key Numbers and the National Reporter
  System cases.
• The digests contain the headnotes (digest
  paragraphs) and their corresponding topic and key
  numbers from every set of cases in the National
  Reporter System.
• The headnotes (digest paragraphs) are
  organized first alphabetically
  by topic and then
  numerically by key number.

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Key Number Digests
Digests

• Digest sets include
• State digests
• Regional digests
• Federal Practice Digest
• Specialty subjects, such as Bankruptcy, Military
  Justice, Federal Claims, and Education Law
  digests
• Decennial digests, which contain all headnotes
  from cases for each 10-year period beginning
  with 1897
• The Century Digest, which contains headnotes from
  cases from 1658 to 1896

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Wests Key Number Digests
Digests

• Each digest series spans many volumes and is
  organized first alphabetically by topic then
  numerically by key number.

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Digests

• This is a page from the Minnesota Digest
• Listed are all the headnotes (digest paragraphs)
  from Minnesota cases that discuss the points of
  law assigned to specific key numbers 8, 2, 9, and
  12 under the topic of Abatement and Revival.

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Finding and Using Relevant Key Numbers

Back to Contents
34
Topic Lists in Print Digests
Finding Relevant Key Numbers in Print
Browsing the Topic Hierarchy

• Use the alphabetical Digest Topics list
  at the beginning of each
  print digest volume
  as a table of contents.
• Check the key numbers under the
  topics that seem most relevant.

35
Topic Analysis in Print Digests
Finding Relevant Key Numbers in Print
Browsing the Topic Hierarchy
Broad Analysis
Detailed Analysis
Each topic in a digest set has an Analysis
section, providing both broad and detailed
outlines of the topic.
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Subjects Included, Subjects Excluded
Finding Relevant Key Numbers in Print
Browsing the Topic Hierarchy

• Many legal topics overlap in subject content.
• At the beginning of every new topic in the print
  digest are scope notes that explain which
  subjects are included under that topic and which
  are excluded.
• The Subjects Excluded list directs you
  to the digest topic under
  which those subjects
  are covered.
• These lists also appear in the Scope
  information on Westlaw.

37
Wests Analysis of American Law
Finding Relevant Key Numbers in Print
Browsing the Topic Hierarchy

• Wests Analysis of American Law lists all the
  topics and the specific key numbers with the
  title given to each key number.
• 
  
• Constitutional Law TOPIC NO. 92
• 90.1 Particular Expressions and
  Limitations
• (1.2) Election Regulations
• This publication also contains Subjects
• Included and Subjects Excluded
• sections for each topic.

38
Descriptive Word Index
Finding Relevant Key Numbers in Print

• When classifying points of law and assigning to
  key numbers, West attorney-editors choose words
  that describe the important facts and legal
  issues
• These fact and issue words are arranged
  alphabetically in the Descriptive Word Index
  volumes of the digest.
• The Descriptive Word Index refers you to
  relevant topic and key
  numbers.

39

Finding Relevant Key Numbers in Print
Descriptive Word Index

• Ask, What words describe the pertinent facts of
  the case or legal question involved?
• Most descriptive words fall into one of five
  categories of elements common to every case
• Parties or facts
• Places and things
• Issue or basis of action
• Defenses
• Relief sought

40
Descriptive Word Index
Finding Relevant Key Numbers in Print

• Example John Landlord failed to replace a light
  bulb in the hallway of one of his apartment
  buildings. Jane Tenant failed to see a step and
  fell down a flight of stairs. She is suing John
  for damages.
• You might start by checking in the index under
  landlord, tenant, apartment, common area, or
  premise liability. At least one of these entries
  will probably lead you to key numbers assigned to
  headnotes in cases that discuss the same or
  similar issues.

41
Secondary Sources Library References in Print
and on Westlaw
Finding Relevant Key Numbers in Print and on
Westlaw
Reference to relevant constitutional key numbers
in an ALR (American Law Reports) article on
Westlaw.
Reference to a constitutional law key number for
an Am Jur 2d (American Jurisprudence) section
on Westlaw.
42
Using a Known Key Number in Print Digests
Using a Known Key Number in Print

• Go to a print digest covering the
  appropriate
  jurisdiction and find the
  volume containing the topic.
• The digest paragraphs are
  arranged in numerical order
  under
  the topic.
• All headnotes (digest paragraphs) from all cases
  discussing the point of law assigned to that key
  number are listed along with citations to the
  originating cases.

43
Using a Known Key Number in a Westlaw Search
Using a Known Key Number on Westlaw

• If you know the key number before you sign on to
  Westlaw
• chose either a case law or a headnote (digest)
  database,
• enter the key number as your Terms and Connectors
  query
• 92k90.1(1.2)
• The k makes the term unique. You will retrieve
  only documents containing the key number.
• You can require that certain words be in the same
  paragraph as the key number to customize your
  search
• 92k90.1(1.2) /p speech

44
Topic List on Westlaw
Finding Key Numbers on Westlaw
Browsing the topic hierarchy

• Choose Key Numbers Digest from the drop-down
  list on the toolbar.

Key Number Digest
Constitutional Law

• Scroll down the list of
• topics until you find one
• you want to explore.

45

Finding Key Numbers on Westlaw
Browsing the topic hierarchy

• Click the plus () symbols to expand the
  subheadings. Expand subheading folders if
  necessary.

2.
1.
2.

• When you find a relevant
• key number (1) type it in the
• text box and click GO or,
• (2) check the box beside it and click
  Search.

Search
92k91.1(1.2)
46
Using the Topic List on Westlaw to Perform a Key
Number Search
Finding Key Numbers on Westlaw

• You can run the key number search in the headnote
  database of your choice.

Databases

• You can restrict your search
• by date or add terms for a
• customized result.

Add Terms
Date
47
Using a Key Number from a Case on Westlaw to
Retrieve Other Cases
Using a Found Key Number on Westlaw

• A word search on Westlaw retrieves a relevant
  case with an on-point headnote.
• You can use the key number(s) assigned to this
  headnote to retrieve other cases discussing the
  same point of law.
• This is the most common way of finding relevant
  cases using key numbers.

48
Search on Westlaw
Finding Key Numbers on Westlaw

• In case law databases, key numbers and headnotes
  appear before the text of the case in the order
  the legal issues are discussed in the case, just
  as in the print reporters.
• In the headnote (digest) databases, the key
  numbers and headnotes are organized by topic,
  then by key number, just as in the print digests.

49
Search on Westlaw
Finding Key Numbers on Westlaw

• If you know the appropriate topic number but do
  not know the key number, try the following search
  in either a case law or headnote database
• to(92) /p campaign /p contribut!
• The topic (to) field is the portion of the digest
  field that contains the topic numbers and names
  and key numbers and names.

50
Search on Westlaw
Finding Key Numbers on Westlaw

• If you dont know either the topic or the key
  number
• in a headnote database (NY-HN, ALLCASES-HN),
  enter a Terms and Connectors query or a digest
  field search
• campaign! /p contribut! /p speech
• in a case law database (NY-CS, ALLCASES),
  restrict your query to the digest field (di)
• di(campaign /p contribut! /p speech)
• Start out by keeping all terms in the same
  paragraph.

51

Finding Key Numbers on Westlaw
yields 31 cases in the CTA (U.S. Court of
Appeals) database. This headnote is assigned to
key number 92k90.1(1.2). This key number is
under the Constitutional Law topic, but the
results might also include key numbers under
Elections, Civil Rights, and other topics.
The query di(campaign/s contrib! /s speech)
52
Using a Found Key Number on Westlaw

• If the headnote assigned to 92k90.1(1.2)
  is relevant to your issue, you can easily
  retrieve similar cases, even if they dont
  contain the terms in your original search.

Most Cited Cases
Click Most Cited Cases link to create a Custom
Digest.
Databases
Select a database.
Click Search.
Search
53
Using a Found Key Number on Westlaw

• A Custom Digest contains digest paragraphs
  assigned to that key number from all cases in
  that jurisdiction.
• Each headnote links to its corresponding case.
• You have created a Custom Digest of all headnotes
  assigned to 92k90.1(1.2) in the in the Eighth
  Circuit.

Custom Digest
54
The West Topic and Key Number System

• Allows you to quickly find all (including the
  most current) cases that discuss a legal issue
• Allows you to quickly determine the merits of
  your clients cases based on how prior cases
  dealing with the same issue have been decided
• Allows you to move among reporters, digests, the
  ALR and AmJur publications and statutes using
  cross-referenced relevant key numbers
• The Key Number System is the index to American
  common- law issues.

55
Question

• If you have found a relevant key number, you can
  retrieve cases that have discussed the same or
  similar issues by
• Finding that key number in a digest
• Searching for the key number in a headnote
  (digest) database on Westlaw
• Searching for the key number in a case law
  database on Westlaw
• All of the above

56
Question

• If you have found a relevant key number, you can
  retrieve cases that have discussed the same or
  similar issues by
• Finding that key number in a digests
• Searching for the key number in a headnote
  (digest) database on Westlaw
• Searching for the key number in a case law
  database on Westlaw
• All of the above

57
KeySearch

Back to Contents
58
KeySearch
KeySearch

• KeySearch
• is a research tool powered by the respected and
  dependable West Key Number System
• identifies key numbers and terms most relevant to
  your legal issue
• integrates related key numbers from different
  topics into one search
• creates effective queries for you in the
  appropriate database(s)
• uses intuitive language and organization, making
  it easy to navigate

59
KeySearch in westlaw.com
KeySearch

• Start your research in KeySearch when
• you are unfamiliar with an area of the law
• you are unfamiliar with the West Key Number
  System
• you need to retrieve unreported cases or
  secondary- source documents as well as reported
  cases.

60
KeySearch
KeySearch

• KeySearch uses the dependable and respected power
  of the Key Number System and the expertise of
  Wests attorney-editors to retrieve relevant
  documents.
• KeySearch can be accessed from anywhere in
  westlaw.com by clicking the link on the toolbar.

61
An Employment Law Issue
KeySearch
Sue had been employed by the Busy Bee Corporation
for several years. Busy Bee is a 20-person,
family-run business and Sue had always had smooth
relationships with family members and good job
reviews. Last year, Sue began living with Roger.
The Busy Bee owners did not say anything directly
to Sue, but she knew her living arrangements
upset the very conservative family.
Relations with family members soured and soon her
job reviews expressed dissatisfaction with her
work. Sue was fired for unsatisfactory
performance.
Can Sue claim discrimination based on her status
as an unmarried person?
62
KeySearch

• West attorney-editors have created logical
  topics and subtopics.
• Topics are arranged alphabetically for easy
  scanning.
• Links to popular subtopics are listed below
  each main topic.

Employment Law
Lets choose Employment Law to find an answer to
Sues legal dilemma.
63
KeySearch
Discrimination

• A folder indicates that there are subtopics.
• A search icon indicates there are no
  subtopics. Clicking on a search icon will
  retrieve the search page.
• Discrimination has subtopics.

64
KeySearch
Path
Marital or Familial Status Discrimination

• Marital or Familial Status Discrimination is
  the exact
• subtopic were looking for. We can click the
  search icon
• to begin our search.

• Notice that the KeySearch path is displayed
  at the top of the
• page so it is easy to keep track of how we
  got to this subtopic.

65
KeySearch
KeySearch gives us the option of retrieving
reported or unreported cases, encyclopedias,
treatises, law reviews and journals, and many
other secondary sources.
66
KeySearch
All State Cases
Key Numbers
Query Editor

• Well select Cases with West headnotes
  (reported cases).
• Then well select All State Cases for the
  database.
• Open the Query Editor to see which topic and
  key
• numbers are applicable to this Employment
  law issue.

67
KeySearch
Search

• We can add search terms to the end of the query
  to further customize the search. Here weve
  added
• /p single unmarried not married
  living in sin
• The last step is to click Search.

68
KeySearch

• Thats it. In just a few clicks we have retrieved
  22 on-point documents in the All State Cases
  database.
• Read the headnotes from these cases to see how
  successful our KeySearch search was.

69
KeySearch
Terms
Use the Term arrows to move to the highlighted
search terms to quickly identify the most
relevant portions of these documents.
70
KeySearch
Scan

• What if you arent sure where to begin looking in
  the KeySearch hierarchy?
• Just type the essential terms in the Scan text
  box and click GO and and a list of the topics and
  subtopics that contain your terms is displayed.

71
KeySearch
Here is the list that is displayed when we enter
marital familial in the Scan text box. The
KeySearch path we chose by pointing and clicking
is included in results above.
72
KeySearch

• Efficient KeySearch creates expert queries for
  you. Theres no need for you to locate the
  correct topic and key numbers or determine which
  terms to include in your query.
• Easy to use The interface is organized, logical
  and easy to navigate.
• Flexible You can edit KeySearch queries to fit
  your fact pattern.
• Comprehensive KeySearch includes approximately
  10,000 legal issues and retrieves results from
  reported and unreported cases as well as
  analytical law.
• Reliable KeySearch is powered by the West Key
  Number System, so you know your results can be
  trusted. Queries are created by experts in legal
  topics and query formulation.

73
Question

• KeySearch
• Builds on the Key Number System
• Adds relevant words so unreported cases and
  secondary sources can be retrieved
• Allows you to customize the automatic query
• All of the above

74
Question

• KeySearch
• Builds on the Key Number System
• Adds relevant words so non-reported cases and
  secondary sources can be retrieved
• Allows the automatic query to be customized
• All of the above

75

• The National Reporter System, the West editorial
  enhancements, the West Key Number System, and
  West Key Number Digests are an integrated
  research system that guides you to prior cases in
  any state or federal jurisdiction that discussed
  similar facts or points of law.