Online Guide to Using KeyCite

Online Guide to Using KeyCite

http://slisweb.sjsu.edu/resources/westlaw/keycite.pdf

What is KeyCite?KeyCite is the citation service available on

Westlaw. You can use KeyCite to view the history of a case, statute, administrative decision, or regulation to help determine whether it is good law and to retrieve citing references.

What Can Be Searched in KeyCite?Case lawStatutory citations Regulations Constitutional provisions Court rules Agency decisions RestatementsLaw review articlesU.S. patents

How to Access KeyCite

From the Directory Page of WestlawUse Find to retrieve a specific citationLink to document from search resultsOpen KeyCite.

KeyCite from Westlaw Opening Page

Find by Citation

KeyCite Directly

KeyCite Find Box

Find Using a Template When you do not know the citation

format.

Elements of a KeyCite Report

KeyCite Summary Prior History (Direct history)Citing Decisions

KeyCite Summary

KeyCite Status Flags for Cases

Full History (Prior, Direct History)

Direct history (Graphical view)

Direct History (Graphical View)

Procedural and Substantive Cites

Citing References

Analytical Treatment by Citing Cases- Treatment Notations

Affirmed: On appeal, reconsideration, or rehearing, the citing case affirms or adheres to the reasoning employed by the cited case.

Followed: The citing case relies on the cited as controlling or persuasive authority

Analytical TreatmentContinued

Criticized: The citing case criticizes some aspect of the cited case, although the citing court may not have the authority to affect its precedential value

Questioned: The citing case questions the continuing validity or precedential value of the cited case because of intervening circumstances, such as judicial or legislative overruling.

Analytical TreatmentContinued

• Overruled: The citing case overrules all or part of the cited case

• Reversed: On appeal, reconsideration, or rehearing, the citing case reverses the cited case.

Analytical TreatmentContinued

Explained: The citing case explains or interprets the reasoning or holding of the cited case.

Distinguished: The citing case differs from the cited case in either fact situation or legal issue.

Depth of Treatment Stars and Quotation Marks

How to Limit Citing References Results From any results screen, click on Limit KeyCite Display.

Restricting Citing References:Limit by HeadnoteLimit by LocateLimit by JurisdictionLimit by DateLimit by Document TypeLimit by Depth of Treatment or Combination(s) of above

Limit by Document Type

Limit by Document Type

Limit by Headnote

Limit by Locate

Limit by Date

Limit by Date Range

Limit by Jurisdiction

Limit by Depth of Treatment

Results of Limit by Several Criteria

Table of Authorities

The Table of Authorities lists the cases cited by a case. It is a useful tool for finding hidden weaknesses in a case because it not only lists the cases on which your case relies but also shows whether those cases have significantnegative history.

Click on Table of Authorities

Table of Authorities with Treatment Signals for each Case

Elements of KeyCite Report for Statutes

KeyCite Summary Prior History (Direct history)Citing Decisions

KeyCite Status Flags for Statutes

KeyCite Summary for Statutes

Repealed by Court

Decision - Section of Statute Unconstitutional

Proposed Legislation

History of Statute

Citing References to Statutes

Citing References Arranged by Topic

Limits for Statutes by Topic

Statute with Red Flag

Methods of Delivery

PrintSave to Flash Drive

Print - Click on the Circled Printer

Documents must be in PDFClick on Page Options to Print All or Parts

of the Document

PDF of Document Appears on ScreenClick the Printer Icon on Left

Reference Desk is the Default PrinterChoose What is to be Printed

To Save to Flash Drive Click on Print Icon to Left

Then Click Print to File

Click to Open Disk and Save

Reminder of Citations on Sign Off