Case Law and Citators

Graham BatemanLegal Research

Fall 2011

Print Publication Sequence Slip Opinions

Distributed by the court; official Put on electronic databases

Advance Sheets Preliminary version of a case in a reporter Contain same editorial notes and pagination

as bound volume Judge can make changes

Reporter Permanent version of decision

Reporters Compilation of court decisions Generally chronological arrangement Can include decisions of:

a single court single level of a court system a single state a region of the country (a number of states) a specific legal subject (topical reporters)

National Reporter SystemWest Publishing (since 1880s)

Attempts to publish all federal and state cases

Provides uniform editorial treatment Synopsis Headnotes

Are primarily unofficial, although some have been designated as a state’s official reporter

West’s Regional Reporter Map

What does the original, official, opinion look like? Log onto www.la3circuit.org

Click on “opinions” on the left side

Click on “March 2008”

Then on March 5

Case headnotes Headnote – a summary of a legal

issue discussed in the case Each headnote is assigned at least

one specific topic West reporters integrate headnotes

and their specific topics with the West digest system (more later!)

Please logon to Lexis, then Westlaw.

Find a particular Michigan case I was working for Judge Weaver in

Michigan, I think at the Court of Appeals, and we had a divorce case where the husband hid the assets. Judge Weaver decided that the hidden money would all go to the wife; THEN the parties would split the rest of their assets.

This is a divorce case in which the defendant husband attempted to conceal assets of the marital estate. The circuit court divided the marital assets equally between the parties, but directed the defendant to pay seventy percent of the plaintiff wife's attorney fees, in light of the defendant's "devious and deceptive conduct" during the circuit court proceedings.

The Court of Appeals found that the circuit court erred in dividing the assets equally. It said that the defendant must forfeit his interest in assets that he attempted to hide. We affirm that judgment in the present case, but caution that in each individual divorce case the circuit court must equitably divide assets on the basis of the facts. There is no automatic rule of forfeiture.

How to KeyCite 2 ways to KeyCite

Directly from a case From KeyCite search box on opening

Westlaw screen with case citation “Full history” results give direct

history of case, but not many citing references

“Citing references” results do not give direct history of case, but includes references to all citing cases.

KeyCite screen comes up. Note that you are brought to “full history” results. This gives you direct case history. To see all citing cases, you must select “citing references” option.

Many more cases referenced, but note that direct history of this case is no longer displayed.

Westlaw also provides a graphical view of the history of your case

Limiting Shepard’s Display Limit the Shepard’s results by:

Type of analysis (overruled, criticized, etc.)

Jurisdiction Headnotes (both Lexis and West) Date Add your own focus search terms

Citators List subsequent cases, law review

articles, statutes, etc. which refer to an earlier case

Way of tracking how a case has been seen and used by subsequent courts, legislatures or commentators

Focus – very powerful tool to limit Shepard’s display

Quick ways to limit Shepard’s display. Top line allows you to go to negative, positive and focus results. Shepard’s summary permits you to go immediately to specific types of treatment.

Many options for limiting display. Types of analysis, focus terms, jurisdictions. Scroll down for more.

Digest A subject arrangement of case

summaries Includes an outline or classification of

the law or specific area of law Case summaries are put in the outline,

under the specific issue raised in the case

West’s Digest system Other digests

West’s Digest System Most comprehensive print case

finding tool An index to all reported court

decisions and some “unreported” decisions

Only case finding tool for many older state cases not on electronic databases

Structure of Digest Arrangement – topic/key number

system Outline of the field of law Divided law into major subjects Each subject divided into topics (400 total)

and sub-topics Each sub-topic assigned a key number

Cases assigned to specific topic/key number based on the case headnotes

If you know the topic:

Print options Descriptive word index Analysis outline in print

Using the Print Digest 1. Choose digest set

California digest, regional digests, federal digests

Search Descriptive Word Index Words and Phrases Subject and topical analyses

Hypothetical-Louisiana Case Law Digest 2nd

Your client who is having her marriage annulled seeks alimony from her husband. She currently resides with her 5 year old daughter from the marriage as well as her stepdaughter who is six

years old. Other than taking care of her two minor children and her household, she has no training for any kind of a job and is unemployed. Is she entitled to alimony under Louisiana law?

Terms: Alimony; Support; Allowance; Divorce; Nullification of Marriage

A) Louisiana Case Digest Second-Descriptive Word Index –look under “A” for Alimony

B) You find that it is under Marrriage Key #62

C) Go to Louisiana Case Digest volume which contains “Marriage”-it’s volume 38-on the spine “Lis Pendens to Master”

D) Find case on point and update

Updating Print Digests Be sure to check:

1. Main digest volume 2. Pocket part 3. Cumulative supplements for the

digest set Small paperback supplements following

the last volume in the set 4. Latest advance sheets for each

reporter

Print digest tip: Key Number Translation Table

Refers you to the new Key Number if your topic has been updated.

Digest online converts for you.

How to Use Online Digest Depend on what information you

have: If topic, “Search for Key Numbers”

How to Use Online Digest Depend on what information you

have: If case, use topic/key number from

headnote

Lexis “Search by Topic or Headnote”

Broad areas of law Drill down to more specific issues

If you have a case Lexis headnotes

not the same as West headnotes! “More like this”

Core terms

How to find cases Digests Secondary sources American Law Reports (ALR) Annotated codes Citators – Shepards & Keycite Electronic Databases