The%20National%20Reporter%20System

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The National Reporter System
Wests Instructional Aid Series
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Contents
Wests Instructional Aid Series

• Introduction Case Law, the Courts, and the
  Doctrine of Precedent
• The National Reporter System
• Case Enhancements
• The Topic and Key Number System
• The Key Number Digests
• Topic and Key Number Research
• Custom Digests on Westlaw

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Introduction Case Law, the Courts, and the
Doctrine of Precedent

Back to Contents
4
Case Law The Courts
Introduction

• Trial courts are the entry to the court system.
  Trial courts are where
• attorneys present evidence and make arguments,
  and
• a judge or a judge and jury make determinations
  of law and fact.
• Appellate courts hear appeals of trial court
  decisions to determine whether there were errors
  of law in the trial court decision, such as in
  the admission of evidence or in jury
  instructions.
• (There may be more than one level of
  appellate court. A higher-level appellate court,
  such as a supreme court, hears appeals from an
  intermediate appellate court decision.)

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Case Law The Courts
Introduction

• There is a federal system of trial and appellate
  courts.
• District courts are the federal trial level
  courts.
• Circuit courts and United States Supreme Court
  are the federal appellate courts.
• Each state has a system of trial and appellate
  courts. The number of appellate levels varies
  from state to state but each state has a
  trial-level court and at least one level of
  appellate court.

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Introduction
Federal Court System
State Court Systems
District courts (trial-level) (Southern District
of New York, District of Minnesota)
State trial-level courts
Most, but not all, states have at least one
level of intermediate court(s) of appeal(s)
Courts of appeals for the 13 federal circuits
State supreme court
United States Supreme Court
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Case Law The Courts
Introduction

• Appellate courts have control over trial courts
  in a specific geographic area or jurisdiction.
• Federal District of Minnesota cases are heard in
  the jurisdiction of the Eighth Circuit and its
  decisions can be appealed only to the U.S. Court
  of Appeals for the 8th Circuit. Decisions of the
  circuit courts can be appealed only to the United
  States Supreme Court.

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Case Law The Doctrine of Precedent(Stare
Decisis)
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 same
  jurisdiction dealing with the same or similar
  issues should be followed unless there is a good
  reason to deviate.

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The Doctrine of Precedent
Introduction

• The decision of a court is binding authority on
  that court and on the lower courts in the same
  jurisdiction when deciding factually similar
  issues.
• 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
  consequences of conduct can be predicted.

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The Doctrine of Precedent
Introduction

• The doctrine of precedent explains why attorneys
  need access to prior cases decided by the highest
  court in the jurisdiction.
• Cases decided in another jurisdiction, although
  not binding as precedent, may be a valuable
  source of legal reasoning for an issue not
  previously addressed in the jurisdiction.

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Question

• The doctrine of precedent dictates that
• Cases from other jurisdictions cannot influence a
  case in the jurisdiction
• Case law in a jurisdiction can never deviate from
  precedents
• Precedents in the jurisdiction should be followed
  unless there is a good reason to deviate
• All of the above

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Question

• The doctrine of precedent dictates that
• Cases from other jurisdictions cannot influence a
  case in the jurisdiction
• Case law in a jurisdiction can never deviate from
  precedents
• Precedents in the jurisdiction should be followed
  unless there is a good reason to deviate
• All of the above

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The National Reporter System

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14
Case Law
National Reporter System

• Without a coherent, uniform means of accessing
  cases from all state and federal jurisdictions,
  finding cases discussing similar points of law
  would be immensely difficult.
• The National Reporter System organizes both
  federal and state case law into a cohesive body
  of law that can be researched within and across
  jurisdictions.

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Case Law
National Reporter System

• Since 1879, Wests National Reporter System has
  compiled cases from state and federal courts and
  organized them into various reporter sets.
• Volumes in a set are numbered consecutively. A
  new series starting with volume 1 is begun when
  one series becomes too unwieldy, e.g., the volume
  following 999 F.Supp. is 1 F.Supp.2d.

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Federal Case Law
National Reporter System

• Federal district (trial) level courts are
  published in the Federal Supplement.
• Only a selection of district court cases is
  reported.
• Citation format 75 F.Supp. 225
• 13 F.Supp.2d 881
• These cases are on Westlaw in the DCT and DCT-OLD
  databases.

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Federal Case Law
National Reporter System

• U.S. district court cases can be appealed to
  the Federal Circuit court that hears appeals from
  that district. There are 13 U.S. circuit courts
  of appeal.
• The decisions of the circuit courts are published
  in the Federal Reporter.
• Citation format 333 F.2d 120
• 37 F.3d 300

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National Reporter System
The Thirteen Federal Judicial Circuits The
Federal Reporter cases are on Westlaw in the CTA
and CTA-OLD databases.
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Federal Case Law
National Reporter System

• Cases can be appealed from the circuit courts of
  appeals to the United States Supreme Court.
• Decisions of the United States Supreme Court are
  published in the Supreme Court Reporter.
• Citation format 99 S.Ct. 331.
• These cases are on Westlaw in the SCT and SCT-OLD
  databases.

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Federal Case Law
National Reporter System

• There are also federal topical reporters that
  are part of Wests National Reporter System
• Bankruptcy Reporter
• Federal Rules Decisions
• Military Justice Reporter
• Federal Claims Reporter

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State Case Law
National Reporter System

• Only state appellate-level opinions are reported
  in the National Reporter System. Trial-level
  decisions are not reported.
• Cases from all 50 states are published in one of
  seven regional reporters Atlantic Reporter,
  Southern Reporter, South Eastern Reporter,
  South Western Reporter, North Eastern Reporter,
  North Western Reporter, and Pacific Reporter.
• There are approximately 30 state reporters, which
  are reprints of one states cases from a regional
  reporter.

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National Reporter System
The States Included in Each of the Seven
Regional Reporters
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State Case Law
National Reporter System
This is the first page from a volume in the
Pacific Reporter. It lists the states that have
cases published in the Pacific Reporter.
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Federal and State Case Law on Westlaw
National Reporter System

• All cases from all the federal reporters are in
  the ALLFEDS database.
• Each state has a Westlaw case law database. The
  identifiers are XX-CS, where XX is the states
  two-letter postal abbreviation. Examples (NY-CS,
  FL-CS).
• All cases from each regional reporter are in
  separate databases, (NW, SW, SO, ATL, NE, PAC
  and SE).
• All cases from all state and regional reporters
  are in the ALLSTATES database.
• All cases from all state, regional, and federal
  reporters are in the ALLCASES database.

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Updating Reporters
National Reporter System

• Print slip opinions (without corrections or
  enhancements) of individual cases are sent by the
  courts to government depository libraries shortly
  after the cases are decided.
• A slip-copy version of the case generally appears
  on Westlaw within two to twenty four hours of
  receipt of the case by West.

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This is a slip-copy opinion as decided and filed
with the court. It is on Westlaw but has not yet
been editorially enhanced by West
attorney-editors.
National Reporter System
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Updating Reporters
National Reporter System

• Attorneys have access to all but the most recent
  cases through the advance sheets (which update
  the hardbound reporters) and are issued every
  two weeks.
• After going through a thorough editorial process,
  a case generally appears in the appropriate
  reporter advance sheet within six to eight weeks
  of receipt of the case.

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Question

• Which of the following statements is false?
• The National Reporter System was created in the
  mid-1950s to organize the greatly expanding
  number of court cases.
• Most appellate court cases and some federal
  trial-level cases appear in at least one reporter
  set.
• There are jurisdictional reporters and there are
  subject- matter reporters.
• Cases from all 50 states are published in the
  seven regional reporters.

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Question

• Which of the following statements is false?
• The National Reporter System was created in the
  mid-1950s to organize the greatly expanding
  number of court cases.
• Most appellate court cases and some federal
  trial-level cases appear in at least one reporter
  set.
• There are jurisdictional reporters and there are
  subject- matter reporters.
• Cases from all 50 states are published in the
  seven regional reporters.

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Attorney-Editorial Case Enhancements

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Editorial Enhancements
Case Enhancements

• This slip opinion appears just as written by the
  judge and processed and filed with the court.
• West attorney-editors take the language of the
  court, correct errors, and add features that are
  essential tools for the careful researcher.

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Editorial Scrutiny
Case Enhancements

• When West receives a slip opinion
• the manuscript is scrutinized for accuracy
• parallel citations are added
• textual information is updated
• the court is contacted if clarification or
  corrections are needed
• More than 1.5 million case citations are checked,
  500,000 parallel citations are added, and 80,000
  errors in opinions are corrected each year.

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Finding Tools
Case Enhancements

• Both the advance sheets and the bound volumes of
  the reporters include
• a Table of Cases arranged by state
• a Table of Statutes interpreted by cases covered
• a list of Words and Phrases defined by the cases
  covered
• Tables of the Federal Rules of Civil Procedure
  and Federal Rules of Evidence that are
  interpreted by the cases covered in the advance
  sheet or reporter

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Editorial Enhancements Created by West
Attorney-Editors
Case Enhancements

• Synopsis A summary of the procedural history,
  the facts, the main points of law, and the
  holding of the case.
• Headnotes (digest paragraphs) Summaries of the
  points of law discussed in the body of the
  opinion.
• Key Numbers Headnotes are assigned to a topic
  and key number in the West Key Number System.

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Editorial Enhancements
Case Enhancements

• Headnotes and synopses 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
• Examples
• Tenant is used instead of Mr. Blake or plaintiff
• Aspirin is used instead of Bufferin or Tylenol
• Intoxicated is used instead of tipsy or
  inebriated
• These headnotes can help you retrieve many online
  cases that you might otherwise miss.

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Synopsis and Headnotes
Case Enhancements
Synopsis

• The synopsis is the first paragraph of every
  National Reporter System case.
• Headnotes follow the synopsis in every National
  Reporter System case.
• Headnotes appear in the order the points of law
  are discussed in the case.

Headnote
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Editorial Enhancements and Fields
Case Enhancements

• Each online National Reporter System case is
  divided into segments called fields.
• A digest (headnote) field search and/or synopsis
  field search is an efficient way to search the
  online case law databases.
• di(wrongful! /3 terminat! discharg!)
• A digest field search allows you to retrieve a
  great number of cases that you would otherwise
  miss but at the same time will limit retrieved
  cases to ones in which the point of law you are
  researching is central to the holding of the
  case.

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Digest Field Includes and Key Numbers and
Headnotes
Case Enhancements

• Synopsis Field
• Procedural History
• Central Points of Law
• Holding of Case

• Digest Field
• Key Numbers
• Headnotes

Topic/ Key Number Field
Headnote Field
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Field Searches on Westlaw
Case Enhancements

• Synopsis field search in Westlaw case law
  database
• sy(malpractice /p foreign object)
• Digest field (headnote) search in a Westlaw case
  law database
• di( bystander /p emotional distress)
• A combined synopsis and digest field search in a
  Westlaw case law database
• sy,di(landlord /p common area)

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Case Enhancements

• Other fields
• Citation
• (volume number, the reporter, and the first
  page number of the case)
• Title or Caption (names of parties)
• Docket Number (the number assigned to the case
  when it is filed with the court this number
  follows the case through its litigation history)
• Attorneys of Record
• Judge(s)
• Opinion

Citation
Title
Docket Number
Attorneys
Judge(s)
Opinion
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Case Enhancements
You can access a list of Fields from the Search
page.
Fields
This is a partial list of the fields in a case
law database.
42
Question

• Which of the following statements is false?
• Attorney-editors spot and summarize up to five
  points of law discussed in the case.
• Attorney-editors prepare a synopsis and
  headnotes, using universally recognized legal
  terminology.
• Attorney-editors contact the court before making
  corrections to the decision.
• Searching in the synopsis and digest fields on
  Westlaw allows you to retrieve more on-point
  documents and ensures that you retrieve only
  cases in which your issue is a central point of
  law in the decision.

43
Question

• Which of the following statements is false?
• Attorney-editors spot and summarize up to five
  points of law discussed in the case.
• Attorney-editors prepare a synopsis and
  headnotes, using universally recognized legal
  terminology.
• Attorney-editors contact the court before making
  corrections to the decision.
• Field searching in the synopsis and digest fields
  on Westlaw allows you to retrieve more on-point
  documents and ensures that you retrieve only
  cases in which your issue is a central point of
  law in the decision.

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The Topic and Key Number System

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Headnotes are Assigned to a Topic and Key Number
The Topic and Key Number System

• When West receives a slip opinion, a West
  attorney-editor reads it and identifies the
  points of law discussed in the case.
• Each point of law is summarized in a headnote.
• After a careful analysis of the point of law the
  headnote discusses, the headnote is assigned to
  at least one key number in the West Topic and Key
  Number System.

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Headnotes and the Topic and Key Number System
The Topic and Key Number System
Key Numbers
Headnote
This headnote summarizes a point of law
discussed in this case. The headnote is assigned
to key number 90.1(1.2) under Topic 92
(Constitutional Law). The same headnote is also
assigned to a key number under Topic 361
(Statutes).
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The Topic and Key Number System

• The Topic and Key Number System is
• the index to the entire National Reporter System
  
• a comprehensive and detailed outline of the
  entire body of case law in this country
• a classification system with a at least one topic
  and key number attached to each point of law
  (headnote)
• The Topic and Key Number System allows you to
  locate cases with the same or similar legal
  issues in any jurisdiction in the United States.

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The Topic and Key Number System

• The approximately 400 topics 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 and
• 48B Aviation
• Other topics have been eliminated,
  renamed, or reorganized.
  (There is no
  longer a topic 3.)

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The Topic and Key Number System
92 Constitutional Law (Topic) 92V Personal,
Civil and Political Rights (Sub-Heading) 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 up to eight levels in the topic and
  key number hierarchy.
• This process continues until further breakdown of
  a point of law is unproductive and a specific key
  number is assigned. See, 92k90.1(1.2) above.
• There are approximately 100,000 specific key
  numbers.

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The Topic and Key Number System
Topic number 92
Subheading 92k90
Specific Key Number
The intermediate levels of the key number
hierarchy are not present in the print version of
this case, but they permit useful key number
searches on Westlaw when the specific key number
needed cannot be identified. For example, you
can search for cases assigned to any specific key
numbers under subheading 92k90.
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Question

• The Topic and Key Number System is
• An index to National Reporter System cases
• An outline of American law
• A classification system
• All of the above

52
Question

• The Topic and Key Number System is
• An index to National Reporter System cases
• An outline of American law
• A classification system
• All of the above

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Key Number Digests

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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 case in the National Reporter
  System.
• The headnotes (digest paragraphs) are
  organized alphabetically by
  topic and 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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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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Digests

• Each digest set spans many volumes and is
  organized first alphabetically by the more than
  400 topics in the Key Number System, then
  numerically by key number.

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Headnote (Digest) Databases
Digests
The identifiers of the headnote databases include
the suffix HN, e.g., MN-CS-HN, ALLFEDS-HN.
Federal headnote (or digest) databases on Westlaw
State headnote (or digest) databases on Westlaw
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Question

• The Key Number Digests contain
• The synopsis from each case in the National
  Reporter System
• Headnotes from cases in the National Reporter
  System, organized by date of case
• Citations to the full case
• None of the above

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Question

• The Key Number Digests contain
• The synopsis from each case in the National
  Reporter System
• Headnotes from cases in the National Reporter
  System, organized by date of case
• Citations to the full case
• None of the above

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Topic and Key Numbers Research
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Using the Print Digests to Find Relevant Cases
Research in Print Products
Using a key number found in a case

• You have found a case with a relevant
  headnote and assigned key number
• Go to a print digest set covering the appropriate
  jurisdiction and find the volume covering that
  topic, then find the specific key number
• All headnotes (digest paragraphs) from all cases
  discussing the point of law assigned to that key
  number are listed along with citations to the
  cases

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Using the Print Digests to Find Relevant Cases
Research in Print Products
Topic Analysis
Browse the topic list at the beginning of any Key
Number digest volume to select a relevant topic.
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Using the Print Digests to Find Relevant Cases
Research in Print Products
Topic Analysis
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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Research in Print Products
Topic Analysis
Subjects Included and Subjects Excluded Lists in
the Digests

• Many legal topics overlap in subject content.
• At the beginning of every new topic in the print
  digest, there are scope notes that explain which
  subjects are included 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.

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Using the Print Digests to Find Relevant Cases
Research in Print Products
Descriptive Word Index
Each digest set includes a Descriptive Word
Index. Specific words and phrases lead to
relevant key numbers.
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Using the Print Digests to Find Relevant Cases
Research in Print Products
Descriptive Word Index

• Most descriptive words fall into one of five
  categories of elements common to every case
• Parties or facts
• Places and things
• Issues or basis of action
• Defenses
• Relief sought

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Descriptive Word Index
Research in Print Products

• 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 Descriptive
  Word Index under landlord, tenant, negligence,
  apartment, common area, or premise liability. At
  least one of these entries will probably lead you
  to key numbers in cases that discuss the same or
  similar issues.

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Wests Analysis of American Law
Research in Print Products

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

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Using Key Numbers to Find Relevant Cases on
Westlaw
Research in Print Products
Using a key number found in a case

• After conducting a word search on Westlaw, you
  find a relevant case with an on-point headnote.
• You can use the key number assigned to this
  headnote to retrieve other cases discussing the
  same point of law.
• This is the most common way of finding relevant
  key numbers on Westlaw.

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Research on Westlaw
Using a key number found in a case to create a
Custom Digest.
and retrieve all headnotes assigned to that key
number, creating a Custom Digest.
92k90.1(1.2)
Most Cited Cases
By clicking a relevant key number or the Most
Cited Cases link, you can run a key number search
through a database
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Research on Westlaw

• A Custom Digest contains the digest paragraphs
  assigned to that key number in the selected
  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 Eighth Circuit.

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Using Key Numbers to Find Relevant Cases on
Westlaw
Research on Westlaw
Using the topic list to create a Custom Digest

• Access the Key Numbers and Digest service using
  the More drop-down list on the toolbar.

Key Numbers Digest

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

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Using Key Numbers to Find Relevant Cases on
Westlaw
Research on Westlaw
Using the topic list to create a Custom Digest

• Click the plus symbols to expand the topics and
  see subheadings. Expand subheadings if
  necessary.
• When you find a relevant key number, type it
  into text box or check the box beside it and
  click GO

Search
92K90.1(1.2)
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Using Westlaw to Find Relevant Cases
Research on Westlaw
Using the topic list to create a Custom Digest

• You can run a key number search in the headnote
  database of your choice.
• You can restrict by date or add terms for a
  customized result.

Databases
Add Terms
Date
76
A Westlaw Search Using a Key Number
Research on Westlaw

• In either a
• case law (reporter) or
• headnote (digest) database
• Using Terms and Connectors searching

• When you have a topic and key number, simply
  enter it as your query
• 92k90.1(1.2)
• The k makes this a unique term. You will
  retrieve only documents containing the key number
  term.

77
Westlaw Search for Relevant Key Numbers and Cases
Research on Westlaw

• in either a
• case law (reporter) or
• headnote (digest) database
• using Terms and Connectors searching

• Known topic but unknown key number
• to(92) /p campaign /s contribut! /s speech
• Unknown topic and unknown key number
• di(campaign /s contribut! /s speech)

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Question

• Which of the following statement(s) is true?
• The most common method for using a key number to
  find cases is to work from a key number in a
  relevant case.
• The Descriptive Word Index is a Westlaw
  dictionary service.
• There are no similarities between the print
  digests and the Westlaw headnote databases.
• Both 1 and 3.

79
Question

• Which of the following statement(s) is true?
• The most common method for using a key number to
  find cases is to work from a key number in a
  relevant case.
• The Descriptive Word Index is a Westlaw
  dictionary service.
• There are no similarities between the print
  digests and the Westlaw headnote databases.
• Both 1 and 3.

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Custom Digests on westlaw.com

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81
Creating a Custom Digest on westlaw.com
Custom Digest

• Most Cited Cases link
• Retrieves the list of cases most often cited for
  a point of law (headnote) classified within the
  Key Number System.
• Can help you quickly determine which cases have
  been cited often as legal authority for that
  point of law.
• Displays KeyCite flags in results.

82
Creating a Custom Digest on westlaw.com
Custom Digest
Access by clicking the Most Cited Cases link
following a relevant key numbers in an online
case.
83
Creating a Custom Digest on westlaw.com
Custom Digest

• You can choose to order results by Most Recent
  Cases or
• by Most Cited Cases.
• You choose a database.
• You can add search terms to customize your
  result.

84

Custom Digest

• You then create a single document, similar to the
  print digests, but with digest paragraphs
  (headnotes) assigned to the key number listed in
  descending order of the number of times each case
  was cited for that point of law or in reverse
  chronological order.
• The digest paragraphs link to the full text cases.

85
Conclusion

• The National Reporter System, the West editorial
  enhancements, the West Key Number System, and
  Wests 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.