Upload
ngohuong
View
215
Download
2
Embed Size (px)
Citation preview
West’s Key # System on Westlaw
Research Redux March 26 - April 12
I've got a good case from Ohio;
how do I find one from New York?
U.S. Railroads
1860's
U.S. Railroads
1860's
NYNY
NJNJ
Caseindexing:
Different schemes(gauges) acrosstime and space
Caseindexing:
John B. West
West Digest System is the standard gauge of caseindexes.
It provides a uniform indexing scheme for cases from all jurisdictions.
Historical Significance
John B. West
First began publishing decisions of
Minnesota (1870s).
Quickly expanded to five states (North
Western Reporter).
http://west.thomson.com/westkm/Taxonomies.pdf
Values of the Topic and Key
Number System
• The index to the entire National Reporter
System
• Comprehensive and detailed outline of the
entire body of case law in this country
• Classification system
• The system allows you to locate cases with
the same or similar legal issues in any
jurisdiction in the United States.
Digest Topics • Over 450 topics are
arranged alphabetically and numbered.
• Each topic addresses a broad legal issue.
• All cases in West Reporters are indexed under one or more of these digest topics.
• Some topics have been added and others have been eliminated.
3 Inches
Some topics have been added and others have been eliminated.
Condominium
Children Out-of-Wedlock
Drugs and Narcotics
R.I.C.O
Zoning and Planning
Bastards
Illegitimate Children
1. Elements of offenses2. Defenses3. Persons liable4. Persons entitled to prosecute5. Indictment5.1 ---- In general6. ---- Issues and proof7. Evidence7.1 ---- In general8. ---- Presumptions9. ---- Admissibility10. Trial and review11. Sentence and punishment
Adultery
Each West topic has an associatedTOPIC OUTLINE of issues and sub-issues.
Each point in thetopic outline isassigned a KEYNUMBER.
Key Numbers
Key Numbers
SYNOPSIS
HEADNOTE 1
HEADNOTE 2
Opinion:
West Publishing
West editor reads opinion and writes:
1. SYNOPSIS - summary of case factsand holding
TAFKAP v. NW Air
No. 93-422 Minn. Sup. Ct.
July 1, 1993
2. HEADNOTES - concise statementsof each point of law raised in thecase
and
For each headnote, the editor assigns:
WEST TOPICS
Abduction Citizens
Adultery Contracts
Aliens Courts
Arrest Crops
Aviation Fines
Banks Food
Charities Fraud
1.a generalTOPIC fromthe list ofWest topics
2. a specific KEY NUMBER fromthe West topicoutline
and
1. Purpose of remedy2. Statutory provisions3. Grounds4. Authorized persons5. Waiver of rights6. Affidavits for arrest7. -- Knowledge 8. -- Filing and service
ARREST
SYNOPSIS
AVIATION 3
ARREST 4
Synopsis
Casename
West Reporter Case
Kay Corso
v.
Crawford Dog and Cat
Hospital
Queens County Court
March 22, 1979
Owner of pet poodlle who hadarranged elaborate funeral andwho was disappointed whenupon opening the casket shefound remains of dead catbrought action against funeralarranger seeking damages formental anguish. The QueensCounty Court, SeymourFriedman, J. held that ownercould recover damages beyondmarket value of dog for mentaldistress and anguish.
1. Animals 15A pet occupies a specialplace somewhere betweena person and a piece ofpersonal property..
2. Torts 6Losing a right tomemorialize a pet dog isactionable.
DECISION
SEYMOUR FRIEDMAN, J.
The facts in this case are notin dispute.
The plaintiff brought her 15-year-old poodle into the
defendant’s premises fortreatment. The defendant
recommended euthanasia,
and the dog was put to death. The body was turned over to
Bide-A-Wee for funeral
Headnote
Topic & keynumber
West Reporter Case
Sy,Di ([terms])
Owner of pet poodle who had
Method #1
INDEXDescriptive Word Index
Father’s Child Support Obligation ???
REDO REDO
Topic and Key Numbers
Child Support 24:
“Father’s duty [to support]”
Child Support 25:
“Mother’s duty [to support]”
CUSTOM DIGEST
Use drop down menu to
select:
- Jurisdiction(s), or
- Topical practice area, and
- Date restrictions
Add search terms for more
precise query
Method #2
KNOWNAUTHORITY
2. Torts 6Losing a right to memorialize apet dog is actionable.
Kay Corsov.
Crawford Dog and CatHospital
Queens County CourtNew York
March 22, 1979
1. Animals 15A pet occupies a special placesomewhere between a personand a piece of personal
property.
DECISION
SEYMOUR FRIEDMAN, J.
The fac ts in this case are not
in dispute.
The plaint iff brought her 15-
year-old poodle into thedefendant’s premises for
treatment . The defendantrecom mended euthanasia, andthe dog was put to death. The
body was turned over to Bide-A-W ee for funeral
26
Using the Known Authority Method
Owner of pet poodlle hadarranged elaborate funeraland was disappointed uponopening the casket to findremains of dead cat . Brought action againstfuneral arranger seekingdamages for mentalanguish. The QueensCounty Court, SeymourFriedman, J. held thatowner could recoverdamages beyond marketvalue of dog for mentaldistress and anguish.
415 N.Y.S.2d 182 (1979) UTAH
DIGEST
WEST’S
Beginning 585P.2d
49
Steamto
Towns
1. Start with known
relevant case – from
any jurisdiction.*
2. Get topic and key
number of most
relevant headnote.
3. Look up topic and
key number in
digest volume for
your jurisdiction.
Choose relevant
case.
4. Check topic outline
for other possible
key numbers
* If you start with
known topic and key
number skip to Step 3.
Decennialand General Digests
Iowa Mich Minn Dakotas Wisc
State Digests
Neb
NWAtlantic SEPacific
DigestsRegional Federal
Digests(All series)
SupremeCourt Digest
Decennialand General Digests
Iowa Mich Minn Dakotas Wisc
State Digests
Neb
NWAtlantic SEPacific
DigestsRegional Federal
Digests(All series)
SupremeCourt Digest
Losing right to memorialize a pet rock, or a pet tree or losing a family
picture album is not actionable but losing right to memorialize a pet
dog is actionable.
Losing right to memorialize a pet rock, or a pet tree or losing a family
picture album is not actionable but losing right to memorialize a pet dog is
actionable.
“Too Many” Headnotes
354 Headnotes
Searching “All Federal and State” Cases for:
379 Torts
379V Other Miscellaneous Torts
379k424 Miscellaneous Torts in General
Shows a decreasing # of results as the scope of inquiry narrows
3278 Headnotes
Losing right to memorialize a pet rock, or a pet tree or losing a family
picture album is not actionable but losing right to memorialize a pet dog is
actionable.
129 Headnotes
3 Headnotes
You can increase the relevance of the results by adding additional terms:
379 Torts + dog or cat or cow or pet or animal
379V Other Miscellaneous Torts + dog…
379k424 Miscellaneous Torts in General + dog…
This decreases the # of results by further narrowing the scope of inquiry!
15 Headnotes
Losing right to memorialize a pet rock, or a pet tree or losing a family
picture album is not actionable but losing right to memorialize a pet
dog is actionable.
CLICK to
enter
“Custom
Digest”
CLICK to
view
“exploded”
hierarchy
Westlaw
All cases on Westlaw
for “Torts kn 387” for all
jurisdictions
State & Fed 6th Cir.
“Torts kn 387”
aka
“379k387” = 18+
“Citing References”
State & Fed 6th Cir.
cases that cite your
case = 10
Your case
616 F.2d 956
379 Torts
379IV Privacy and Publicity
379IV(C) Use of Name, Voice
or Likeness; Right to Publicity
379k386 Conduct or
Misappropriation Actionable in
General
379k387 k. In General. Most
Cited Cases
247 + cases
New example
616 F.2d 956
C.A. Tenn. = 6th
Cir.
Basic Rule:Basic Rule:All West digests are“standard gauge” -- theyuse the same topic andkey number system.
Westlaw and all West
print digests are
“standard gauge” – they
use the same topic and
key number system.
Just find from any jurisdiction– using any source.
1 caseThen, with
standard gauge,you’ll be on the
.
End