National reporter system_complete_show3

THE NATIONAL REPORTER SYSTEM ®

West’s Instructional Aid Series

CONTENTS

• 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

• Trial courts are the entry to the court system. Trial courts are where:– attorneys present evidence and make arguments &– 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.)

INTRODUCTION: CASE LAW AND THE COURTS

• 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 appellate court level.


Federal Court System State Court Systems

District courts (trial-level)(Southern District of N.Y.,District of Minn)

State trial-level courts

Courts of appeals for the 13 federal circuits

Most states have at least one level of intermediate court(s) of appeal(s)

State supreme court

United States Supreme Court


• Appellate courts have jurisdiction over trial courts in a specific geographic area.

• Appeals from the Federal District Court of Minnesota are heard in the Eighth Circuit Court of Appeals. Decisions of the circuit courts can be appealed only to the United States Supreme Court.


• The doctrine of precedent, also known as “stare decisis” (pronounced ‘stahr-ee di-si-sis’), is founded on a sense of fairness and the belief that decisions should be consistent and not arbitrary. This ensures that the legal consequences of conduct can be predicted to a reasonable degree.

• 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.

INTRODUCTION: THE DOCTRINE OF PRECEDENT (STARE DECISIS)

• 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.

• 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. This is referred to as persuasive authority.

• The doctrine of precedent explains why attorneys need access to prior cases as they will likely dictate the outcome of their case.

INTRODUCTION: THE DOCTRINE OF PRECEDENT (STARE DECISIS)

QUESTION

• The doctrine of precedent dictates that:

1. Cases from outside jurisdictions have no influence on a case in the jurisdiction

2. Case law in a jurisdiction should not deviate from precedents

3. Precedents in the jurisdiction should be followed unless there is a good reason to deviate

4. All of the above

CONTENTS







• 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.

THE NATIONAL REPORTER SYSTEM

• In 1879, West started the National Reporter System, which compiles 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– For example, 999 F.Supp. is followed by 1 F.Supp.2d.

THE NATIONAL REPORTER SYSTEM

• Federal district (trial) court decisions 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.

THE NATIONAL REPORTER SYSTEM: FEDERAL CASES

• 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


• The Thirteen Federal Judicial Circuits

• The Federal Reporter cases are on Westlaw in the CTA and CTA-OLD databases.


• 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.


• There are also federal topical reporters that are part of West’s National Reporter System:– Bankruptcy Reporter®

– Federal Rules Decisions®

– Military Justice Reporter®

– Federal Claims Reporter™


• 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 also state reporters, which publish one state’s cases.

THE NATIONAL REPORTER SYSTEM: STATE CASES


• Below is a map of the seven regional reporters that cover state cases.


• This is the first page from a volume in the Pacific Reporter. It lists the states that have cases published in the Pacific Reporter.

• All cases from all state, regional, and federal reporters are in the ALLCASES database.

• All cases from every federal reporter is in the ALLFEDS database.

• All cases from all state and regional reporters are in the ALLSTATES database.

• All cases from each regional reporter are in separate databases: (NW, SW, SO, ATL, NE, PAC and SE).

• Each state has a Westlaw case law database. The identifiers are XX-CS, where XX is the state’s two-letter postal abbreviation. Examples – NY-CS, FL-CS.

THE NATIONAL REPORTER SYSTEM: FEDERAL & STATE CASES ON WESTLAW

• The court sends a copy of its decision to Thomson Reuters, Legal (West) shortly after the cases are decided.

• A slip-copy version of the case is added to Westlaw within hours once received by West.

THE NATIONAL REPORTER SYSTEM: ADDING CASES TO REPORTERS

THE NATIONAL REPORTER SYSTEM: UPDATING REPORTERS

• 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.

• Attorneys have access to all but the most recent cases through the advance sheets (which update the hardbound reporters).

• After a thorough editorial process, a case generally appears in the appropriate reporter advance sheet within six to eight weeks of receipt of the case.

THE NATIONAL REPORTER SYSTEM: UPDATING REPORTERS

• 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.

(Click your mouse to see correct answer)

Question

CONTENTS







• 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.

CASE ENHANCEMENTS: EDITORIAL

• 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.

CASE ENHANCEMENTS: EDITORIAL SCRUTINY

CASE ENHANCEMENTS: EDITORIALLY CREATED FINDING TOOLS

• 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.

• Synopsis: A summary of the procedural history, the facts, the main points of law, and the holding of the case.

• Headnotes: Summaries of the points of law discussed in the body of the opinion.

• Key Numbers: Headnotes are assigned a topic and key number in the West Key Number System.

CASE ENHANCEMENTS: CREATED BY ATTORNEY EDITORS

• 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 cases online that you might otherwise miss.

CASE ENHANCEMENTS: CREATED BY ATTORNEY EDITORS

• The synopsis is the first paragraph of a National Reporter System case.

• Headnotes follow the synopsis in a National Reporter System case.

• Headnotes appear in the order the points of law are discussed in the case.

CASE ENHANCEMENTS: SYNOPSIS & HEADNOTES

Headnotes

Synopsis

• Each online National Reporter System case is divided into segments called fields.

• A digest (includes headnotes) field search and/or synopsis field search is an efficient way to search the online case law databases.

sy,di(wrongful! /3 terminat! discharg!)

• A digest field search allows you to retrieve a great number of relevant cases while at the same time limit retrieved cases to ones in which the point of law you are researching is central to the holding of the case.

CASE ENHANCEMENTS: EDITORIAL ENHANCEMENTS & FIELDS

CASE ENHANCEMENTS: DIGEST FIELDS

• Synopsis Field– Procedural History

– Central Points of Law

– Holding of Case

• Digest Field includes:– Topic/Key Numbers

– Headnotes

• Synopsis field search in Westlaw case law database– sy(malpractice /p “foreign object”)

• Digest field 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”)

CASE ENHANCEMENTS: FIELD SEARCHES ON WESTLAW

• 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) and Opinion

CASE ENHANCEMENTS: ADDITIONAL FIELDS

• You can access a list of Fields from the Search page.

• This is a partial list of the fields in a case law database

CASE ENHANCEMENTS: ADDITIONAL FIELDS

• Which of the following statements is false?1. Attorney-editors spot and summarize up to five points of law

discussed in the case.

2. Attorney-editors prepare a synopsis and headnotes, using universally recognized legal terminology.

3. Attorney-editors contact the court before making corrections to the decision.

4. 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.

QUESTION

CONTENTS







• 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.

THE TOPIC AND KEY NUMBER SYSTEM: ASSIGNMENT OF KEY NUMBERS

This headnote summarizes a point of law discussed in this case. The headnote is assigned to key number 205Hk30 under Topic 205H (Implied & Constructive Contracts).

Headnote

Key Numbers

THE TOPIC AND KEY NUMBER SYSTEM: HEADNOTES

• 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.

THE TOPIC AND KEY NUMBER SYSTEM

• Each topic is broken down into subheadings.

• 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) below.

• There are over 100,000 specific key numbers.

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

THE TOPIC AND KEY NUMBER SYSTEM: AN EXAMPLE

• The Topic and Key Number System is:

1. An index to National Reporter System cases

2. An outline of American law

3. A classification system

4. All of the above

QUESTION

CONTENTS







• West’s 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 are organized alphabetically by topic and then numerically by key number.

KEY NUMBER DIGEST

• 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

KEY NUMBER DIGEST

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.

KEY NUMBER DIGEST

• The identifiers of the headnote databases include the suffix HN, e.g., CA-HN, ALLFEDS-HN.

KEY NUMBER DIGEST ON WESTLAW

• The Key Number Digests contain:

1. The synopsis from each case in the National Reporter System

2. Headnotes from cases in the National Reporter System, organized by date of case

3. Citations to the full case

4. None of the above

QUESTION

CONTENTS







• Using a key number found in a case

– You have found a case with a relevant headnote and 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 their citations

TOPIC AND KEY NUMBER RESEARCH: USING PRINT DIGESTS


• Topic Analysis

– Browse the topic list at the beginning of any Key Number digest volume to select a relevant topic.

• Descriptive Word Index

– Each digest set includes a Descriptive Word Index.

– Specific words and phrases lead to relevant key numbers.



• 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

• 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.

TOPIC AND KEY NUMBER RESEARCH: USING WESTLAW.COM

By clicking a relevant keynumber or the Most Cited Cases link, you can run a key number search through a database

Using a key number to create a Custom Digest and retrieve all headnotes assigned to that key number, creating a Custom Digest.


157k448Most C

ited Cases

• A Custom Digest contains the headnotes 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 157k448 in the Minnesota.


• Using the topic list to create a Custom Digest

• Click the Key Numbers link at the top of the page

• Click the plus symbols to expand the topics and see subheadings. Expand subheadings if necessary OR

• When you find a relevant key number, type it into text box or check the box beside it and click GO or Search Selected


• 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.

Add Terms

Date

Databases



• If you know a key number and want to find additional cases that have that particular number, you can accomplish it with a terms and connectors search

• When you have a topic and key number, simply enter it as your query:

– For example – 92k90.1(1.2)

• The “k” makes this a unique term. You will retrieve only documents containing the key number term.

• 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.

QUESTION

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

CONCLUSION

Documents

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