Introduction to KeyCite

KeyCite is West’s citation research service available to you on Westlaw®

• KeyCite tells you whether a case, statute, federal regulation, or federal administrative decision is

GOOD LAW.

• KeyCite provides links to other cases, administrative decisions, and secondary sources that mention or discuss the case, statute, federal regulation, or federal administrative decision.

Use KeyCite to Be Sure

It is critical in legal research to

• Find the relevant cases, statutes, federal regulations, and federal administrative decisions to support your legal argument

• Determine that a case, statute, federal regulation, or federal administrative decision is still good law and therefore can be used as the basis of your legal argument

KeyCite for Cases

A case can be

• Reversed by a higher court

• Overruled at a later date

• Superseded by statute

• Criticized without being overruled

• Cited favorably by other courts, thereby strengthening its authority

KeyCite for Statutes

A statute can be

• Repealed

• Amended

• Renumbered

• Subject to pending legislation

• Declared unconstitutional

• Preempted by federal law

Careful practitioners know that failure to consult KeyCite or a similar service can be considered legal

malpractice.

It is often professionally embarrassing!

In Newhouse v. McCormick, the court rejected Newhouse’sargument, which relied on Morris v. American Can Corp.,a case that had been remanded and then reversed. As a result, Newhouse’s conduct was termed “frivolous” and “vexatious”, attorney fees were awarded to McCormick andthe Court declared Newhouse eligible for Rule 38 sanctions.

Morris

Had Newhouse checked Morris in KeyCite, Newhouse wouldhave seen the red flag which indicates that the Morris can not not be relied upon for at least one point of law it discusses.

KeyCite

Reversed in Part, Vacated in Part

Case in Point

KeyCite is

• Accurate - All information added to KeyCite undergoes rigorous analysis by West Group attorney-editors.

• Current - Direct History is added within one to four hours of receipt of a case; over-rulings are identified by attorney-editors within 24 hours of receipt; and citing cases are added as soon as they are added to Westlaw.

• Easy to Use - As you retrieve and read relevant materials, status flags and other symbols provide critical information.

KeyCite is• Comprehensive - KeyCite covers

• All federal and state cases reported in West’s National Reporter System®

• More than 1 million unreported cases and cases predating the National Reporter System

• More than 700 secondary sources, such as ALR® articles, Am Jur® 2d sections and law reviews

• The United States Code Annotated® (USCA®)• Statutes from all 50 states• Code of Federal Regulations• Patents

Comprehensive. KeyCite covers decisions of

• National Labor Relations Board

• Environmental Protection Agency

• Board of Immigration Appeals

• Tax Court• Federal

Communications Commission

• Office of the Comptroller General

• Patent and Trademark Office

• Board of Federal Contracts Appeals

• Federal Energy Regulatory Commission

• KeyCite also covers IRS materials, such as

• Revenue Rulings

• Revenue Procedures

• Technical Advice Memoranda

• Private Letter Rulings

• At the Law School tab page, you can type the citation in the KeyCite this citation: text box and click GO.

• You can also click KeyCite on the Westlaw toolbar.

Accessing KeyCite

KeyCite this Citation

KeyCite

• When you access KeyCite, KeyCite History of the case, statute, administrative decision, or regulation is displayed in the right frame.

• You can access KeyCite Citing References on the Links for tab in the left frame.

Citing References

Links for

History

Question

You can use KeyCite to

1. Verify that a case, statute, federal regulation, or federal administrative decision is good law

2. Find materials in which a case, statute, federal regulation, or federal administrative decision has been cited

3. See where a case, statute, federal regulation, or federal administrative decision has been mentioned in the Washington Post or Los Angeles Times

4. Both 1 and 2

Question

You can use KeyCite to

1. Verify that a case, statute, federal regulation, or federal administrative decision is good law

2. Find materials in which a case, statute, federal regulation, or federal administrative decision has been cited

3. See where a case, statute, federal regulation, or federal administrative decision has been mentioned in the Washington Post or Los Angeles Times

4. Both 1 and 2