west key number system having fun with the digests!

West Key Number SystemHaving Fun with the Digests!

Start with Cases

A court issues an opinion in a case.

A copy of the case is obtained by West

Editors read the cases and pick out the points of law addressed in the case.

Written as a short, concise paragraph, these are called headnotes.

Headnotes

One point of law for each Headnote.

Each Headnote has a Key Number

Headnotes

Each Headnote will get a number before it like [1]

Headnotes

Each Headnote will get a number before it like [2]

You can find what that Headnote is referring to by looking for the [#] in the body of the case.

For example, if you hit [3], it will take you to the part of the decision where that rule is

Key Numbers

The Key Number System is big interactive outline that works like this:

First, the American system of law is broken down into Major Topics

there are more than 400, including things like:

Civil Rights,

Pretrial Procedure, and

Criminal Law.

Key Numbers

Each of those topics is divided, in greater and greater detail, into individual units that represent a specific legal concept.

like steps in an outline.

Key Numbers

Each of the lines (more than 80,000 of them) has a unique number that allows you to find it on the outline.

This number is called a Key Number.

The whole outline, along with the case headnotes classified to it, is called the Key Number System.

The Key Number System is found in the Digests.

We use the New York Digests

Scenarios

1) Corpus Juris Secundum to Cases

2) Cases to Better Cases

Scenario 1

PROBLEM: What are the elements of negligence in New York?

You want to find the New York elements of negligence

You can either look in

New York Cases or

Corpus Juris Secundum (You can also look in New York Jurisprudence 2d Series)

Corpus Juris Secundum (CJS)

Elements of Negligence

SEARCH TERMS AND CONNECTORS:

Elements /s Negligence

1

2

3

CJS

You get 220 hits

CJS

What do you look for?

You look for the topic of “Negligence”

Scroll down

CLICK HERE

CJS

What did you get?

The essential elements for an action in negligence are that the defendant was under a duty to protect the plaintiff from injury, that the defendant breached that duty, that the plaintiff suffered actual injury or loss, and that the loss or injury proximately resulted from the defendant's breach of the duty.

CJS

The essential elements for an action in negligence are that:

1) defendant was under a duty to protect the plaintiff from injury,

2) defendant breached that duty,

3) plaintiff suffered actual injury or loss, and

4) loss or injury proximately resulted from the defendant's breach of the duty.

CJS

BINGO!

CJS

BINGO?

No exactly

Corpus Juris Secundum is a secondary source of law

You need primary

CJS

CJS to Primary

Two ways

Footnotes

Key Number

CJS

CJS to Primary

Two ways

Footnotes (there are no footnotes in this text)

Key Number

CJS

CJS to Primary

Two ways

Footnotes (there are no footnotes in this text)

Key Number

CJS to Cases

CJS to Cases

CJS to Cases

CJS to Cases

CJS to Cases

Click on the 202

105 Headnotes

From the Most Recent

Which Courts are these from?

Which Courts are these from?

Which Courts are these from?

Appellate Division, Second Department,

2011

Which Courts are these from?

Which Courts are these from?

Court of Claims, 2011

Which Courts are these from?

Which Courts are these from?

Court of Appeals, 2011

Which Courts are these from?

Court of Appeals, 2011

Court of Claims, 2011

Appellate Division, Second Department,

2011

Which one should you look at?

Court of Appeals, 2011

Court of Claims, 2011

Appellate Division, Second Department,

2011

LOOK FOR HIGHEST COURT

Court of Appeals, 2011

Court of Claims, 2011

Appellate Division, Second Department,

2011

LOOK FOR HIGHEST COURT

Court of Appeals, 2011

Court of Claims, 2011

Appellate Division, Second Department,

2011

CJS TO CASE

CJS TO CASE

LOOK FOR THE HEADNOTE THAT PERTAINS TO THE ELEMENTS OF NEGLIGENCE

CJS TO CASE

CJS TO CASE

CLICK ON THE [3] TO GET TO THE PART OF THE DECISION WHERE YOU MIGHT SEE THE ELEMENTS

CJS TO CASE

CJS TO CASE

Not enough: get this case

Not what I am looking for

CJS TO CASES

GO BACK TO THE DIGESTS

Hold down left (back) button on your browser.

On drop down look for Digest.

Go from there

This looks promising

CJS TO CASE

To prove a prima facie case of negligence, a plaintiff must demonstrate the existence of a duty of care owed to the plaintiff, a breach of that duty, and that the breach of such duty was a proximate cause of his or her injuries ( see Pulka v. Edelman, 40 N.Y.2d 781, 390 N.Y.S.2d 393, 358 N.E.2d 1019; Gordon v. Muchnick, 180 A.D.2d 715, 579 N.Y.S.2d 745; see also Akins v. Glens Falls City School Dist., 53 N.Y.2d 325, 333, 441 N.Y.S.2d 644, 424 N.E.2d 531).

CLEAN IT UP

To prove a prima facie case of negligence, a plaintiff must demonstrate the existence of a duty of care owed to the plaintiff, a breach of that duty, and that the breach of such duty was a proximate cause of his or her injuries ( see Pulka v. Edelman, 40 N.Y.2d 781, 390 N.Y.S.2d 393, 358 N.E.2d 1019; Gordon v. Muchnick, 180 A.D.2d 715, 579 N.Y.S.2d 745; see also Akins v. Glens Falls City School Dist., 53 N.Y.2d 325, 333, 441 N.Y.S.2d 644, 424 N.E.2d 531).

CLEAN IT UP

To prove a prima facie case of negligence, a plaintiff must demonstrate the existence of a duty of care owed to the plaintiff, a breach of that duty, and that the breach of such duty was a proximate cause of his or her injuries (see Pulka v Edelman, 40 NY2d 781; Gordon v Muchnick, 180 AD2d 715; see also Akins v Glens Falls City School Dist., 53 NY2d 325, 333).

CLEAN IT UP

To prove a prima facie case of negligence, a plaintiff must demonstrate

1) the existence of a duty of care owed to the plaintiff,

2) a breach of that duty, and

3) that the breach of such duty was a proximate cause of his or her injuries (see Pulka v Edelman, 40 NY2d 781; Gordon v Muchnick, 180 AD2d 715; see also Akins v Glens Falls City School Dist., 53 NY2d 325, 333).

CLEAN IT UP

The elements of negligence are:

1) the existence of a duty of care owed to the plaintiff,

2) a breach of that duty, and

3) that the breach of such duty was a proximate cause of his or her injuries (see Pulka v Edelman, 40 NY2d 781; Gordon v Muchnick, 180 AD2d 715; see also Akins v Glens Falls City School Dist., 53 NY2d 325, 333).