1. The document provides an overview of West's Topic and Key Number System which is used to organize case law into topics and assign key numbers to points of law discussed in cases.
2. Key numbers allow attorneys to find all other cases that discuss the same point of law by searching digests which compile headnotes from cases by topic and key number.
3. The Topic and Key Number System divides the law into over 400 topics that are further divided into over 100,000 specific key numbers to provide an extensive outline of and index to U.S. case law.
Use of FIDO in the Payments and Identity Landscape: FIDO Paris Seminar.pptx
Guide to West's Topic & Key Number System
1. THE TOPIC & KEY NUMBER SYSTEM®
IN THE LEGAL RESEARCH UNIVERSE
West’s Instructional Aid Series
2. CONTENTS
• Introduction to the Doctrine of Precedent
• National Reporter System
• Headnotes
• West’s Key Number Digests
• The Topic and Key Number System
• Finding and Using Relevant Key Numbers
• KeySearch
2
3. CONTENTS
• Introduction to the Doctrine of Precedent
• National Reporter System
• Headnotes
• West’s Key Number Digests
• The Topic and Key Number System
• Finding and Using Relevant Key Numbers
• KeySearch
3
4. THE DOCTRINE OF PRECEDENT
• 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 jurisdiction
dealing with the same or similar issues should be
followed, unless there is a good reason to deviate.
4
5. THE DOCTRINE OF PRECEDENT
• 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
consequence of conduct can be predicted.
• This doctrine explains the attorney’s need for
access to prior cases in the jurisdiction dealing with
the same or similar issues.
5
6. CONTENTS
• Introduction to the Doctrine of Precedent
• National Reporter System
• Headnotes
• West’s Key Number Digests
• The Topic and Key Number System
• Finding and Using Relevant Key Numbers
• KeySearch
6
7. NATIONAL REPORTER SYSTEM
• The National Reporter
System is the name
given to the entire
group of publications
that report both state
and federal cases
decided throughout the
country. Some
reporters cover
specialty topics, such
as bankruptcy.
7
8. CONTENTS
• Introduction to the Doctrine of Precedent
• National Reporter System
• Headnotes
• West’s Key Number Digests
• The Topic and Key Number System
• Finding and Using Relevant Key Numbers
• KeySearch
8
9. HEADNOTES: CASES
• Headnotes appear
before the text of every
case in the National
Reporter System.
• A headnote is a
paragraph summary of
a single point of law
discussed in the case.
• Headnotes appear in
the order the points of
law are discussed in
the case.
Headnote 1
9
10. HEADNOTES (DIGEST PARAGRAPHS)
• Headnotes are prepared by West attorney-editors using
consistent and current legal terminology instead of
ambiguous, regional or outdated words and descriptive
terms instead of proper names
• Language of Opinion
- Mr. Brown or plaintiff
- Tylenol or Bufferin
- tipsy or inebriated
Language of Headnote
- landlord
- aspirin
- intoxicated
The headnotes help you retrieve many online cases that
you would otherwise miss.
10
11. HEADNOTE AND KEY NUMBERS
• The point of law discussed in each headnote is
assigned to at least one West topic number and key
number.
11
12. CONTENTS
• Introduction to the Doctrine of Precedent
• National Reporter System
• Headnotes
• West’s Key Number Digests
• The Topic and Key Number System
• Finding and Using Relevant Key Numbers
• KeySearch
12
13. WEST’S KEY NUMBER DIGESTS
• The headnotes from every reported case in the
National Reporter System are organized by topic
and key number in West’s Key Number Digests.
Headnotes become digest paragraphs.
• There are:
– federal, state, and regional digests
– special-subject digests
– digests that cover specific periods of time
13
14. WEST’S KEY NUMBER DIGESTS
• Using an on-point key
number, you can find
similar headnotes from
other cases in any
National Reporter
System publication.
• Each headnote in a
digest cites, and on
Westlaw® links, to the
case in which the
headnote appears.
14
15. 4.
5.
1.
4
Digests
National Reporter System
Constitutional Law
3.
2.
3
Headnotes
Topic and Key Number System
1. Cases are printed in the National Reporter System reporters.
2. Each point of law discussed in a case is summarized in a headnote.
3. The point of law in each headnote is assigned a key number(s).
4. Digests organize all headnotes (digest paragraphs) by key number.
5. The key number in a digest is used to find other relevant cases.
15
16. QUESTION
• West’s Key Number System integrates:
1.The National Reporter System
2.The Key Number Digests
3.Headnotes that precede each National Reporter
System case
4.All of the above
16
17. CONTENTS
• Introduction to the Doctrine of Precedent
• National Reporter System
• Headnotes
• West’s Key Number Digests
• The Topic and Key Number System
• Finding and Using Relevant Key Numbers
• KeySearch
17
18. THE WEST TOPIC & KEY NUMBER
SYSTEM: HEADNOTES
• When West receives an opinion from the court, a
West attorney-editor identifies the points of law
discussed in the case.
• Each point of law is summarized in a headnote.
• After carefully analyzing the point of law that the
headnote discusses, the West attorney-editor
assigns the headnote to at least one key number in
the West Topic and Key Number System.
18
19. THE WEST TOPIC & KEY NUMBER
SYSTEM: HEADNOTES
Headnote Number (7)
Topic Number (95)
Key Number 147(2)
Headnote
• This headnote summarizes the seventh point of
law discussed in this case on Westlaw. The
headnote is assigned to key number 147(2)
under Topic 95 (Contracts).
19
20. THE WEST TOPIC & KEY NUMBER SYSTEM
• is an extensive outline of the entire body of case
law in this country.
• is an index to the entire National Reporter System,
helping you more easily locate cases with similar
legal issues in any jurisdiction.
• is a classification system with at least one topic and
key number assigned to each point of law.
20
21. THE WEST TOPIC & KEY NUMBER SYSTEM
• divides the law into approximately 400 broad digest
topics.
• breaks down each topic into subheadings
• contains approximately 100,000 specific key
numbers
21
22. THE WEST TOPIC & KEY NUMBER
SYSTEM: TOPICS
• The topic 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
– See, 48B Aviation
• Other topics have been
eliminated or renamed (e.g.,
West attorney-editors no
longer use topic 3).
22
23. THE WEST TOPIC & KEY NUMBER
SYSTEM: TOPICS
95 Contracts (Topic)
95II Construction and Operation (Subheading)
95II(A) General Rules of Construction
95k147 Intention of Parties
95k147(2) k. Language of Contract
(Specific Key Number)
• Each topic is broken down into subheadings.
• There can be as many as eight levels in the topic and
key number hierarchy.
• This process continues until further breakdown of a
legal issue is unproductive and a specific key number
is assigned. See, 95k147(2), above.
23
24. THE WEST TOPIC & KEY NUMBER
SYSTEM: TOPICS
• This is a breakdown of key number 147 (Intention of
parties) under the Contracts topic and subheading II.
(Construction and Operation) in the Westlaw version
of the digest.
• 95k147(2) is the specific
key number dealing with
Language of contract.
24
25. THE WEST TOPIC & KEY NUMBER
SYSTEM: CURRENTNESS OF TOPICS
• Topics or portions of topics are added, renamed,
expanded, contracted, merged, or eliminated as law,
society, and political sensitivity dictate.
– Insurance topic was reorganized in 1998; Negligence topic
was reorganized in 1999
– RICO topic was added in 1990; Sentencing topic was
added in 2000
– Drunkards topic became inactive in 1978 and all new cases
were classified under a new topic, Chemical Dependents.
The new topic also contains some issues that were
previously categorized under Drugs and Narcotics
– Insane Persons topic was renamed Mental Health
25
26. THE WEST TOPIC & KEY NUMBER SYSTEM:
CURRENTNESS OF KEY NUMBERS
• Key numbers are added, renumbered, or
transferred to other topics as law, society, and
political sensitivity dictate.
– What was once a specific key number may be expanded
over time to provide deeper analysis of a growing area of
the law.
– Translation tables in print volumes aid in moving between
the old and new classifications.
– On Westlaw, a “Formerly” line is added to key numbers that
have changed so you can search by old or new key number.
(See below.)
26
27. THE WEST TOPIC & KEY NUMBER SYSTEM
• Think of the topic and key number as an address:
– Each street in the city represents a digest topic.
– There are many houses on each street and each house
has its own number.
– In order to find a particular house, you must know both the
street name (topic) and the house number (key number).
27
28. QUESTION
• The West Topic and Key Number System
1.Divides the law into approximately 400 broad legal
topics
2.Divides the law into approximately 100,000 specific
key numbers
3.Is an index to every case in the National Reporter
System
4.All of the above
28
29. KEY NUMBERS & THE KEY NUMBER
DIGEST
• 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 set of cases in the National
Reporter System.
• The headnotes (digest paragraphs) are
organized first alphabetically by topic
and then numerically by key number.
30. THE WEST 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 10year period beginning with 1897
– The Century Digest, which contains
headnotes from cases from 1658 to
1896
30
31. THE WEST KEY NUMBER DIGEST
• Each digest series spans many volumes and is
organized first alphabetically by topic then
numerically by key number.
31
32. THE WEST KEY NUMBER DIGEST
• 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.
32
33. CONTENTS
• Introduction to the Doctrine of Precedent
• National Reporter System
• Headnotes
• West’s Key Number Digests
• The Topic and Key Number System
• Finding and Using Relevant Key Numbers
• KeySearch
33
34. FINDING AND USING RELEVANT KEY
NUMBERS
• Topic Lists in Print Digests
– Use the alphabetical Digest
Topics list at the beginning of
each print digest volume as a
table of contents.
Browsing the Topic Hierarchy
– Check the key numbers
under the topics that seem
most relevant.
34
35. FINDING AND USING RELEVANT KEY
NUMBERS: ANALYSIS IN PRINT DIGESTS
Broad Analysis
Detailed Analysis
Each topic in a digest set has an Analysis section, providing
both broad and detailed outlines of the topic.
35
36. FINDING AND USING RELEVANT KEY
NUMBERS: SUBJECTS INCLUDED, EXCLUDED
• Many legal topics overlap in subject content.
• At the beginning of every new topic in the print
digest are scope notes that explain which subjects
are included under that topic and which are
excluded.
• The Subjects Excluded list directs you
to the digest topic under which those
subjects are covered.
36
37. WEST’S ANALYSIS OF AMERICAN LAW
• West’s Analysis of American Law lists all the topics
and the specific key numbers with the title given to
each key number.
Constitutional Law TOPIC NO. 92
90.1– Particular Expressions and Limitations
(1.2) Election Regulations
• This publication also contains Subjects Included
and Subjects Excluded sections for each topic.
37
38. DESCRIPTIVE WORD INDEX
• When classifying points of law and assigning to key
numbers, West attorney-editors choose words that
describe the important facts and legal issues
• These fact and issue words are arranged
alphabetically in the Descriptive Word Index e
digest.
• The Descriptive Word Index refers you to
relevant topic and key numbers.
38
39. DESCRIPTIVE WORD INDEX
• Ask, “What words describe the pertinent facts of
the case or legal question involved?”
• Most descriptive words fall into one of five
categories of elements common to every case:
– Parties or facts
– Places and things
– Issue or basis of action
– Defenses
– Relief sought
39
40. DESCRIPTIVE WORD INDEX
• 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 index under
landlord, tenant, apartment, common area, or
premise liability. At least one of these entries will
probably lead you to key numbers assigned to
headnotes in cases that discuss the same or
similar issues.
40
41. SECONDARY SOURCE REFERENCES
IN PRINT AND ON WESTLAW
Reference to a contracts key
number for an Am Jur® 2d
(American Jurisprudence)
section on Westlaw.
Reference to relevant contracts
key number in a CJS®
(Corpus Juris Secundum)
article on Westlaw.
41
42. USING A KNOWN KEY NUMBER IN PRINT
DIGEST
• Go to a print digest covering the
appropriate jurisdiction and find
the volume containing the topic.
• The digest paragraphs are
arranged in numerical order
under the topic.
• All headnotes from all cases
discussing the point of law
assigned to that key number are
listed along with citations to the
originating cases.
42
43. USING A KNOWN KEY NUMBER IN A
WESTLAW SEARCH
• If you know the key number before you sign on to
Westlaw
– chose either a case law or a headnote (digest) database,
– enter the key number as your Terms and Connectors
query: 95k147(2)
– The “k” makes the term unique. You will retrieve only
documents containing the key number.
– You can require that certain words be in the same
paragraph as the key number to customize your search:
95k147(2) /P "FOUR CORNERS"
43
44. TOPIC LIST ON WESTLAW
• Click Key Numbers at
the top of your Westlaw
screen.
• Select West Key
Number Digest Outline
• Scroll down the list of
topics until you find one
you want to explore.
44
45. USING THE KEY NUMBER DIGEST ON
WESTLAW
Click the plus (+) symbols to expand the subheadings. Expand
subheading folders if necessary.
When you find a relevant key number:
(1) type it in the text box and click GO or,
(2) check the box beside it and click Search selected.
45
46. USING THE TOPIC LIST ON WESTLAW TO
PERFORM A KEY NUMBER SEARCH
Select Database
Add Terms
Date
• You can run the key
number search in the
headnote database of
your choice.
• You can restrict your
search by date or add
terms for a customized
result.
46
47. RETRIEVING MORE CASES USING A KEY
NUMBER FROM A CASE
• A word search on Westlaw retrieves a relevant
case with an on-point headnote.
• You can use the key number(s) assigned to this
headnote to retrieve other cases discussing the
same point of law.
• This is the most common way of finding relevant
cases using key numbers.
47
48. SEARCHING ON WESTLAW
• In case law databases, key numbers and
headnotes appear before the text of the case in the
order the legal issues are discussed in the case,
just as in the print reporters.
• In the headnote (digest) databases, the key
numbers and headnotes are organized by topic,
then by key number, just as in the print digests.
48
49. SEARCHING ON WESTLAW
• If you know the appropriate topic number but do
not know the key number, try the following search
in either a case law or headnote database:
TO(95) /P LANGUAGE /P INTENT!
• The topic (TO) field is the portion of the digest field
that contains the topic numbers and names and
key numbers and names.
TO
49
50. SEARCHING ON WESTLAW
• If you don’t know either the topic or the key number
– in a headnote database (NY-HN, ALLCASES-HN), enter a
Terms and Connectors query or a digest field search:
contract! /p language /p intent!
– in a case law database (NY-CS, ALLCASES), restrict your
query to the digest field (DI):
di(contract! /p language /p intent!)
• Start out by keeping all terms in the same
paragraph.
50
51. SEARCHING ON WESTLAW: SAMPLE
QUERY & THE DIGEST
Query:
DI(CONTRACT! /P
LANGUAGE /P INTENT!)
The query yields 349 cases in the IN-CS (Indiana Cases) database.
This headnote is assigned to key number 95k147(2). This key number
is under the Contracts topic, but the results might also include key
numbers under Alternative Dispute Resolution, Bankruptcy, and other
topics.
51
52. SEARCHING ON WESTLAW: SAMPLE
QUERY & THE DIGEST
Most Cited
If the headnote assigned to
95k147(2) is relevant to your
issue, you can easily retrieve
similar cases, even if they don’t
contain the terms in your original
search.
Select a database.
Click Most Cited Cases link to
create a Custom Digest.
Search
Database
Click Search.
52
53. SEARCHING ON WESTLAW: SAMPLE
QUERY & THE DIGEST
Custom Digest
• A Custom Digest contains digest paragraphs assigned to that
key number from all cases in that jurisdiction.
• Each headnote links to its corresponding case.
• You have created a Custom Digest of all headnotes assigned
to 95k147(2) in the in Minnesota Cases.
53
54. THE WEST TOPIC AND KEY NUMBER
SYSTEM
• Allows you to quickly find all (including the most
current) cases that discuss a legal issue
• Allows you to quickly determine the merits of your
clients’ cases based on how prior cases dealing
with the same issue have been decided
• Allows you to move among reporters, digests, the
ALR and AmJur publications and statutes using
cross-referenced relevant key numbers
The Key Number System is the index to American
common law issues.
54
55. QUESTION
• If you have found a relevant key number, you can
retrieve cases that have discussed the same or
similar issues by
1.
Finding that key number in a digest
2.
Searching for the key number in a headnote
(digest) database on Westlaw
3.
Searching for the key number in a case law
database on Westlaw
4.
All of the above
55
56. CONTENTS
• Introduction to the Doctrine of Precedent
• National Reporter System
• Headnotes
• West’s Key Number Digests
• The Topic and Key Number System
• Finding and Using Relevant Key Numbers
• KeySearch
56
57. KEYSEARCH
• is a research tool powered by the respected and
dependable West Key Number System
• identifies key numbers and terms most relevant to
your legal issue
• integrates related key numbers from different topics
into one search
• creates effective queries for you in the appropriate
database(s)
• uses intuitive language and organization, making it
easy to navigate
57
58. KEYSEARCH ON WESTLAW.COM
• Start your research in KeySearch when:
– you are unfamiliar with an area of the law
– you are unfamiliar with the West Key Number System
– you need to retrieve unreported cases or secondary-source
documents as well as reported cases.
58
59. KEYSEARCH ON WESTLAW.COM
Site Map
KeySearch
• KeySearch uses the dependable and respected power of the
Key Number System and the expertise of West’s attorneyeditors to retrieve relevant documents.
• KeySearch can be accessed from anywhere in westlaw.com
by clicking the Site Map link on the top of the page.
59
60. AN EMPLOYMENT LAW ISSUE
Sue had been employed by the Busy Bee Corporation
for several years. Busy Bee is a 20-person, family-run
business and Sue had always had smooth relationships
with family members and good job reviews. Last year,
Sue began living with Roger. The Busy Bee owners did
not say anything directly to Sue, but she knew her living
arrangements upset the very conservative family.
Relations with family members soured and soon her job
reviews expressed dissatisfaction with her work. Sue
was fired for unsatisfactory performance.
Can Sue claim discrimination based on her status as
an unmarried person?
60
61. KEYSEARCH ON WESTLAW.COM
Employment Law
• West attorney-editors have created logical topics and subtopics.
• Topics are arranged alphabetically for easy scanning.
• links to popular subtopics are listed below each main topic.
Let’s choose Employment Law to find an answer to
Sue’s legal dilemma.
61
62. KEYSEARCH ON WESTLAW.COM
Discrimination
• A folder icon
indicates that there are subtopics.
• A search icon
indicates there are no subtopics. Clicking on a
search icon will retrieve the search page.
• Discrimination has subtopics.
62
63. KEYSEARCH ON WESTLAW.COM
Path
Marital or Familial Status Discrimination
• Marital or Familial Status Discrimination is the exact sub topic
we’re looking for. We can click the search
icon to begin our
search.
• Notice that the KeySearch path is displayed at the top of the
page so it is easy to keep track of how we got to this subtopic.
64. KEYSEARCH ON WESTLAW.COM
• KeySearch gives us the option of retrieving reported or
unreported cases, encyclopedias, treatises, law reviews
and journals, and many other secondary Sources.
64
65. KEYSEARCH ON WESTLAW.COM
• We’ll select Cases with
West headnotes.
• Then we’ll select All
State Cases for the
database.
All State Cases
• Open the Query Editor
to see the topic and key
numbers are applicable to
this Employment law
issue.
Key Numbers
Query Editor
65
66. KEYSEARCH ON WESTLAW.COM
• We can add search
terms to the end of the
query to further
customize the search.
Here we’ve added:
/p single unmarried “not
married” “living in sin”
• The last step is to click
Search.
Search
66
67. KEYSEARCH ON WESTLAW.COM
• That’s it. In just a few clicks we have retrieved 31 onpoint documents in the All State Cases database.
• Read the headnote from this case to see the success
of our KeySearch.
67
68. KEYSEARCH ON WESTLAW.COM
• What if you aren’t sure where to begin looking in the
KeySearch hierarchy?
• Just type the essential terms in the Scan text box and
click GO and a list of the topics and subtopics that
contain your terms is displayed.
Scan
68
69. KEYSEARCH ON WESTLAW.COM
• Here is the list that is displayed when we enter marital
familial in the Scan text box. The KeySearch path we
chose by pointing and clicking is included in results
above.
69
70. KEYSEARCH ON WESTLAW.COM
• Efficient – KeySearch creates expert queries for you. There’s no
need for you to locate the correct topic and key numbers or
determine which terms to include in your query.
• Easy to use – The interface is organized, logical and easy to
navigate.
• Flexible – You can edit KeySearch queries to fit your fact pattern.
• Comprehensive – KeySearch includes approximately 10,000 legal
issues and retrieves results from reported and unreported cases as
well as analytical law.
• Reliable – KeySearch is powered by the West Key Number System,
so you know your results can be trusted. Queries are created by
experts in legal topics and query formulation.
70
71. QUESTION
• KeySearch
1.
Builds on the Key Number System
2.
Adds relevant words so unreported cases and
secondary sources can be retrieved
3.
Allows you to customize the automatic query
4.
All of the above
71
72. CONCLUSION
• The National Reporter System, the West editorial
enhancements, the West Key Number System,
and West 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.
• If you have any questions, please contact the West
Reference Attorneys, 24/7, at 1-800-850-9378.
72