how to find cases n using digests what is a digest? n a topical arrangement of very brief summaries...
TRANSCRIPT
What Is A Digest?
A Topical Arrangement of Very Brief Summaries of the Points of Law Found in a Case.
Since Summaries (Headnotes) are Arranged Topically Once You Find a Relevant Case, Other Cases Dealing With the Same Subject are Easily Found.
Why Use A Digest?
Access Point to Case Reporters. The Organized, Logical Approach
Helps the Researcher to Understand Legal Issues in Context.
Allows the Researcher to Redefine Research Goals to Find the Best Precedents for your Research Problem.
Why Use A Digest? (cont.)
Summaries (Headnotes) Contain Citations to Cases so they may be Read in Full.
A Digest is a Case Finding Tool and Should Not be Relied on to Interpret Cases.
Never Cite to a Headnote. Never Cite to a Case You Have Not
Read In Full!
West Topic & Key # System Law Organized into Seven Main
Classes: – Persons – Property– Contracts– Torts– Crimes– Remedies– Government
West Topic & Key # System At the Beginning of each Topic
Area in the Digest, there is an Analysis (Outline) of that Particular Topic and Related Key Numbers
West Topic & Key # System Within each Key Number
– Cases are Arranged Hierarchically by Court Level
– Circuits are listed in Numerical Order– States are listed Alphabetically
Types Of Digests
To Find Cases in an Individual State use a State Digest (ex: Florida Digest)
To Find Cases in a Group of States use a Regional Digest (ex: North Western Digest) – Note: South Western, North Eastern &
Southern Digests are No Longer Published.
Types Of Digests (cont.)
To find U.S. Supreme Court Cases – West’s Supreme Court Digest or– Lawyer’s Edition Supreme Court Digest
To Find Cases in All Federal Courts– West’s Federal Practice Digests 2d, 3rd
and 4th (1961 to Date)– Modern Federal Practice Digest (1939-
1961)– West’s Federal Digest (1754-1939)
Types Of Digests (cont.)
To Find Cases From All Federal & State Courts
The American Digest System, – Century Digest (1658-1896), – Decennial Digest 1st through 10th
(1897-1996), – and General Digest
More on the American Digest System Decennial Digests Cover 10 Year
Periods– Starting With The 9th Decennial
• Made Up Of Two Parts • In Five Year Increments • (Example: 10th Decennial Part 1 Covers
1986-1991, Part 2 Covers 1991-1996)
More on the American Digest System For Complete Research
– Need To Check Each Decennial– They are Not Cumulative!
To Update the most Recent Decennial – Use The General Digest– Check Each Volume of General Digest
• Every Tenth Volume of the General Digest Contains a Table of Topics and Key #s Covered in the Digest to that Point
Ways To Access All Digests Descriptive-Word Index Method:
– If Cases or Topics/Key Numbers are Not Known, Use Descriptive-Word Index Volumes • Alphabetically Arranged, Highly Detailed.
Table Of Cases Method: – If Case Name Is Known, Use Table Of
Cases Volumes
Ways To Access Digests
Words and Phrases Method: – Use Words and Phrases Volumes to find
Cases which Judicially Define a Term Headnote Method: If You Have A
Case On Point – Use Headnotes from that Case to
Identify Appropriate Topics and Key Numbers for use in Digest Volumes
Ways To Access Digests Analysis/Topic Method:
– Use Topical Outline (Analysis) at the Beginning of the Relevant Topic Area to Identify most Specific Key Number.
Ways To Access Digests
*Using A Combination Of Methods Will Yield The Best Results!
You Will Probably Find More Than One Relevant Key Number
Is My Research Complete and Up to Date? Check Years of Coverage of Bound
Volumes-Earlier Series Supplemented by Later Series
When using Current Series Check Topics and Key Numbers in Pocket Part at the back of the Volume
Check for Supplementary Pamphlets at End of Digest Set that Update Annual Pocket Parts for the Entire Digest Set
Is My Research Complete And Up To Date? Check The “Closing with Cases
Reported in” (Closing Table) Section of The Most Recent Pocket Part or Pamphlet– Then Check Digest Section of
Appropriate Case Reporter Volume or Advance Sheets Not Covered by the Closing Table