Cases & Citator ppt, Aug 29, 2011

1. Case Law and Citators Graham Bateman Legal Research Fall 2011

2. Print Publication Sequence Slip Opinions Distributed by the court; official Put on electronic databases Advance Sheets Preliminary version of a case in a reporter Contain same editorial notes and pagination as bound volume Judge can make changes Reporter Permanent version of decision

3. Reporters Compilation of court decisions Generally chronological arrangement Can include decisions of: a single court single level of a court system a single state a region of the country (a number of states) a specific legal subject (topical reporters)

4. National Reporter SystemWest Publishing (since 1880s) Attempts to publish all federal and state cases Provides uniform editorial treatment Synopsis Headnotes Are primarily unofficial, although some have been designated as a state’s official reporter

5. West’s Regional Reporter Map

6. What does the original, official, opinion look like? Log onto www.la3circuit.org Click on “opinions” on the left side Click on “March 2008” Then on March 5

11. Case headnotes Headnote – a summary of a legal issue discussed in the case Each headnote is assigned at least one specific topic West reporters integrate headnotes and their specific topics with the West digest system (more later!)

21. Please logon to Lexis, then Westlaw.

22. Find a particular Michigan case I was working for Judge Weaver in Michigan, I think at the Court of Appeals, and we had a divorce case where the husband hid the assets. Judge Weaver decided that the hidden money would all go to the wife; THEN the parties would split the rest of their assets.

31. This is a divorce case in which the defendant husband attempted to conceal assets of the marital estate. The circuit court divided the marital assets equally between the parties, but directed the defendant to pay seventy percent of the plaintiff wife's attorney fees, in light of the defendant's "devious and deceptive conduct" during the circuit court proceedings. The Court of Appeals found that the circuit court erred in dividing the assets equally. It said that the defendant must forfeit his interest in assets that he attempted to hide. We affirm that judgment in the present case, but caution that in each individual divorce case the circuit court must equitably divide assets on the basis of the facts. There is no automatic rule of forfeiture.

33. How to KeyCite 2 ways to KeyCite Directly from a case From KeyCite search box on opening Westlaw screen with case citation “Full history” results give direct history of case, but not many citing references “Citing references” results do not give direct history of case, but includes references to all citing cases.

36. KeyCite screen comes up. Note that you are brought to “full history” results. This gives you direct case history. To see all citing cases, you must select “citing references” option.

37. Many more cases referenced, but note that direct history of this case is no longer displayed.

39. Westlaw also provides a graphical view of the history of your case

41. Limiting Shepard’s Display Limit the Shepard’s results by: Type of analysis (overruled, criticized, etc.) Jurisdiction Headnotes (both Lexis and West) Date Add your own focus search terms

42. Citators List subsequent cases, law review articles, statutes, etc. which refer to an earlier case Way of tracking how a case has been seen and used by subsequent courts, legislatures or commentators

43. Focus – very powerful tool to limit Shepard’s display

44. Quick ways to limit Shepard’s display. Top line allows you to go to negative, positive and focus results. Shepard’s summary permits you to go immediately to specific types of treatment.

45. Many options for limiting display. Types of analysis, focus terms, jurisdictions. Scroll down for more.

46. Digest A subject arrangement of case summaries Includes an outline or classification of the law or specific area of law Case summaries are put in the outline, under the specific issue raised in the case West’s Digest system Other digests

47. West’s Digest System Most comprehensive print case finding tool An index to all reported court decisions and some “unreported” decisions Only case finding tool for many older state cases not on electronic databases

48. Structure of Digest Arrangement – topic/key number system Outline of the field of law Divided law into major subjects Each subject divided into topics (400 total) and sub-topics Each sub-topic assigned a key number Cases assigned to specific topic/key number based on the case headnotes

49. If you know the topic: Print options Descriptive word index Analysis outline in print

50. Using the Print Digest 1. Choose digest set California digest, regional digests, federal digests Search Descriptive Word Index Words and Phrases Subject and topical analyses

52. Hypothetical-Louisiana Case Law Digest 2nd Your client who is having her marriage annulled seeks alimony from her husband. She currently resides with her 5 year old daughter from the marriage as well as her stepdaughter who is six years old. Other than taking care of her two minor children and her household, she has no training for any kind of a job and is unemployed. Is she entitled to alimony under Louisiana law? Terms: Alimony; Support; Allowance; Divorce; Nullification of Marriage A) Louisiana Case Digest Second-Descriptive Word Index –look under “A” for Alimony B) You find that it is under MarrriageKey #62 C) Go to Louisiana Case Digest volume which contains “Marriage”-it’s volume 38-on the spine “LisPendens to Master” D) Find case on point and update

57. Updating Print Digests Be sure to check: 1. Main digest volume 2. Pocket part 3. Cumulative supplements for the digest set Small paperback supplements following the last volume in the set 4. Latest advance sheets for each reporter

59. Print digest tip: Key Number Translation Table Refers you to the new Key Number if your topic has been updated. Digest online converts for you.

63. How to Use Online Digest Depend on what information you have: If topic, “Search for Key Numbers”

67. How to Use Online Digest Depend on what information you have: If case, use topic/key number from headnote

71. Lexis “Search by Topic or Headnote” Broad areas of law Drill down to more specific issues If you have a case Lexis headnotes not the same as West headnotes! “More like this” Core terms

76. How to find cases Digests Secondary sources American Law Reports (ALR) Annotated codes Citators – Shepards & Keycite Electronic Databases