Transcript Cases - Gallagher Law Library

Basic Legal Skills
Finding Cases
Jan. 30, 2004
Cases: terminology
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

Case = decision= opinion
Published vs. unpublished
Mandatory and persuasive authority
Court Structure – Federal and State
Federal
State
Court of Last
Resort
U.S. Supreme
Court
WA Supreme
Court
Intermediate
Appellate
Court
↑
Ninth Circuit*
Court of
Appeals
WA Court of
Appeals
Trial Court
↑
U.S. District
Court for
Western
District of WA
* = Circuit map
King County
Superior Court
Reporters
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“slip opinion” → “advance sheet” → Reporter
official vs. unofficial (parallel citations)
National Reporter System (West)
–
–
–
All federal and state cases; chronological
7 Regional Reporters (state cases)
Reporters in the Law Library,
http://lib.law.washington.edu/ref/repdig.htm
Traditional Case Finding Methods
1.
2.
3.
Digests
American Law Reports (ALR) and Secondary
Sources
Electronic databases
American Digest System (West)
What is a Digest?

Acts as an index to the National Reporter system
–

A tool that collects and organizes case law by subject (“topic”) and
narrow sub-headings (“key numbers”)
–

find cases by legal issue or subject
over 400 “topics” (e.g., contracts, searches and seizures, wills)
Gives brief summaries of cases
–
headnotes from cases
Using Digests – 4 steps
1.
2.
3.
4.
Select best Digest
Locate Topic and Key Number
Read case summaries
Update (pocket parts etc.)
Locating the Correct Digest
1.
Jurisdiction
Federal, State, Regional & Combined
2.
Date
Cover a set period of time – ie. 10
year blocks
3.
Digests in the Law Library,
http://lib.law.washington.edu/ref/repdig.htm#digests
Law Library has these:
Topic and Key Number
The Topic and Key Number
Find Topic & Key Number (3 ways)
1.
2.
3.
One good case
Descriptive Word Index
Review Topic outline
(1) One Good Case Approach
1.
2.
3.
You have a case that is on point
Find the Topic and Key Number of the
relevant issue (looking in headnotes)
Go to that Digest volume and search for
cases in your jurisdiction
(2) Use Descriptive Word Index
1. Generate some general Search Terms
2. Look in Descriptive Word Index to narrow
down terms and locate correct Topic
3. Use the Key Numbers within the Topic to
pinpoint relevant issues
Generate search terms.
(3) Use relevant Topic Volume
1. Retrieve the Digest volume containing your
Topic (on spine)
2. Scan Topic/Subject & Key Number outline
3. Browse the relevant Key Number sections
for cases in your jurisdiction
The digest topic
“Animals”
appears in this
book
Scan the
“Analysis”
table for a
relevant
key number
Updating Digest Research
1. Check pocket part of volume you are using
--- including Descriptive Word Index
2. Check the Interim pamphlet – updates
pocket part
3. Check Mini-Digest in relevant Reporter
volumes
American Law Reports

Full-text of important cases from variety of
jurisdictions AND

“Articles” or “annotations” providing in-depth
analysis and overview of legal topic
–
–
case citations and summaries
references to other secondary sources
Research Process for A.L.R.s
1.
2.
Look for your search term in the Index
Narrow down your issue and go to the
appropriate volume.
* Read the same as a case citation*
97
A.L.R. 3rd
688
Volume
Series Page
Update by referring
to the pocket part.
Pocket parts
will
reference new,
related
annotations
and new case
law
written since the
original
annotation.
Finding Cases using
Secondary Sources
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Annotated Statutes (RCWA, USCS)
Citators (KeyCite and Shepard’s)
Legal Encyclopedias (AmJur and CJS)
Treatises (Nimmer on Copyright)
Law Review Articles
–
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Godden, Katherine A. Cartoon criminals: the unclear future of
computer animation in the Minnesota criminal courtroom.
(State v. Stewart, 643 N.W.2d 281, Minn. 2002.) 30 Wm.
Mitchell L. Rev. 355-577 (2003).
Looseleaf Services
Words and Phrases (judicial definitions)
Westlaw
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Key Number Digest: “Custom Digest”
–
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Key Search
–
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Topics translated into numbers (Adoption = 17)
“scripted” searches with Key Numbers and Terms
Go to http://lawschool.westlaw.com
Exercise

Question: if I stop using the easement over
my neighbor’s property to access my house will
I lose my rights to that easement?
–
–

½ class uses Westlaw Key Number Digest
½ class uses Westlaw Key Search
Go to: http://lawschool.westlaw.com
Lexis: Search Advisor
Caselaw Research Checklist
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Preliminary Analysis
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Consult Secondary Sources
–
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jurisdiction, terms, time period
note Topic/Key Numbers, cases, statutes
Annotated Statutes
Read cases
Use Digest or other secondary sources to find more
cases
Update (review citators next week)