Key cite complete_show_final

KEYCITE ®

West’s Instructional Aid Series

CONTENTS

• Introduction

• KeyCite for Cases

• KeyCite for Statutes

• Limiting Citing References

• Table of Authorities

• Graphical KeyCite for Cases & Statutes

• KeyCite Alert

• Conclusion

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INTRODUCTION TO KEYCITE

• When should I use KeyCite? – To check the status of your case, statute,

administrative decision or regulation.• You can see at a glance whether it’s good law on which to

base your legal argument.

– To expand your research.• Expand your research by using KeyCite to find citing

references to your case, statute, administrative decision or regulation.

– To update your research.• At the end of your research, use KeyCite to update your work. • Use KeyCite Alert to monitor your case, statute or regulation

automatically and notify you of any changes in its status.

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• Why should I use KeyCite?– The law changes: KeyCite tells you whether the law you

are relying on in your legal argument has changed. • Case history includes direct history, which traces your case

through the appeals process, as well as any negative citing references.

• Statute history lists cases affecting the validity of a statute and legislation that has affected or may affect the statute.

– The law’s precedential value changes: KeyCite tells you how the law you are relying on has been interpreted.• Even though your case may be good law, its holding may be

affected by subsequent interpretation by the same court or different courts, which can affect its precedential value.

• Similarly, the validity or interpretation of a statute may be affected by cases that cite to it.

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• Count on KeyCite for:– Accuracy

• All information added to KeyCite undergoes rigorous analysis by West Attorney Editors.

– Currency• 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 appear in KeyCite as soon as they are added to Westlaw.

– Ease of Use• The ability to display the direct history of a case in graphical

view and unique graphical elements, such as status flags, depth of treatment stars, and quotation marks, enable you to quickly identify and evaluate information in KeyCite.

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KEYCITE IS COMPREHENSIVE

• KeyCite information is available for:– 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 law reviews, American Law Reports (ALR) and American Jurisprudence 2d.

– The United States Code Annotated

– Statutes and regulations from all 50 states

– The Code of Federal Regulations

– Patents

– Administrative decisions of selected state and federal agencies

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CONTENTS

• Introduction






• KeyCite Alert

• Conclusion

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KEYCITE FOR CASES

• KeyCite will catch negative and positive treatment of a case, including instances where a case has been: – 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

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• Status flags give you an instant indication of whether your case is good law.– A red flag warns that the case is no longer good law for at

least one of the legal holdings it contains.

– A yellow flag warns that the case has some negative history, but hasn’t been reversed or overruled.

– A blue ‘H’ indicates that the case has some history.

– A green ‘C’ indicates that the case has citing references, but no direct history or negative citing references.

KEYCITE SYMBOLS FOR CASES

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ACCESSING KEYCITE

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To access KeyCite, you can type the citation in the KeyCite this citation box and click Go.

The Full History of the case will then display in the right frame.

CASES: KEYCITE FULL HISTORY

• KeyCite Full History for cases is divided into the following categories:– Direct History traces your case through the appellate

process and includes both prior and subsequent history.

– Negative Citing References lists cases outside the direct appellate line that may have a negative impact on the precedential value of your case.

– Related References lists cases that involve the same parties and facts as your case, whether or not the legal issues are the same.

• Full History also includes links to related court documents, such as briefs, petitions, motions, and transcripts of oral arguments.

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CASES: KEYCITE CITING REFERENCES

• KeyCite Citing References lists other cases and legal materials that cite your case.

• Citing References include:– Negative and positive citing cases

– Administrative materials

– Secondary sources

– Briefs

– Other court documents

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ACCESSING KEYCITE CITING REFERENCES

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

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Links in KeyCite citing References allow you to jump to the place in Gardner where Phillips is first cited.

The Phillips case is highlighted in yellow in Gardner.

For example, Citing References indicates that the case Phillips v. County of Allegheny is distinguished by the case Gardner v. Luzerne County.

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CITING REFERENCES SYMBOLS

• Graphic symbols in KeyCite Citing References instantly indicate which citations will be the most useful.– Quotation marks indicate that some language from your

case is quoted word for word in the citing case.

– The letters HN followed by one or more numbers indicates the number(s) of the headnote(s) discussing the legal issue(s) for which your case was cited.

– Depth of Treatment stars help you determine how extensively your case is discussed in a citing case or administrative document. • The next slide will explain the different treatment these stars

indicate.

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HN:3,4

DEPTH OF TREATMENT STARS

• Examined – Case contains an extensive discussion of your case,

usually more than a printed page.

• Discussed – Case contains a substantial discussion of your case,

usually more than a paragraph but less than a page.

• Cited– Case contains some discussion of your case, usually less

than a paragraph.

• Mentioned– Case contains a brief reference to your case.

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CITING REFERENCES SYMBOLS

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Quotation marks indicate that this case has a direct quote from Phillips v. County of Allegheny.

A plus sign indicates that this case cites Phillips on more than one page.

This case discusses the points of law contained in headnotes 1, 26 & 28 of Phillips v. County of Allegheny .

CONTENTS

• Introduction






• KeyCite Alert

• Conclusion

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KEYCITE FOR STATUTES

• For statutes, KeyCite will indicate the following actions that affect a statute: – Repealed

– Amended

– Renumbered

– Subject to pending legislation

– Declared unconstitutional

– Preempted by federal law

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KEYCITE FOR STATUTES• Full History: Indicates whether the statute is still GOOD

LAW.

• Citing References: Lists cases, pending legislation, administrative materials, and secondary sources that discuss or cite the statute.

• Monitor with KeyCite Alert: Tracks the statute for future changes or amendments.

• Graphical Statutes: Displays a graphical view of the statutes history.

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KEYCITE SYMBOLS FOR STATUTES

• KeyCite flags indicate the status of the statute:– A red flag indicates that

• The statute as been amended, repealed or superseded• A court has ruled the statute unconstitutional in whole or in

part or has recognized that the statute has been repealed by implication or preempted

– A yellow flag indicates that• The statute has pending legislation• The statute has been renumbered or transferred• A court has ruled that the statute was limited on constitutional

or preemption grounds or its validity was called into doubt• A prior version of a statute was held unconstitutional or

preempted

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KEYCITE SYMBOLS FOR STATUTES (CONT.)

– A statute may have both a red and yellow flag when there is both negative treatment or a recent amendment, and pending legislation

– A green ‘C’ indicates that the statute has citing references. It will only appear if there is no history, and no negative treatment.

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STATUTES: KEYCITE FULL HISTORY

• Categories within Full History include:– Updating documents: recently passed laws that have

amended or repealed the statute

– Proposed Legislation and Bill Drafts: legislative bills that may affect the statute

– Reports and Related Materials: legislative reports and documents relating to proposed legislation.

– Negative Treatment by the courts: cases that have held or recognized a statute as being unconstitutional or preempted.

– Credits: laws that have enacted, amended or renumbered the statute

– Historical and Statutory Notes: editor’s notes that describe the legislative changes that have affected the statutes

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STATUTES: KEYCITE FULL HISTORY

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STATUTES: KEYCITE CITING REFERENCES

• Citing References for statutes include:– Negative Treatment: cases that have ruled the statute

unconstitutional, preempted, or have questioned the application of the statute

– Notes of Decisions: headnotes from cases that significantly interpreted or applied the statute.

– Citations for the Statute: cases that have cited to the statute

– Administrative Materials: agency documents that have cited to the statute

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STATUTES: KEYCITE CITING REFERENCES

• Citing References also include:– Secondary Sources: Encyclopedias, treatises, law

reviews and practice guides that have cited the statute

– Court Documents: Pleadings, motions, briefs, and dockets that have cited the statutes

– Surveys: 50 state surveys available on Westlaw that include your statute

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CONTENTS

• Introduction






• KeyCite Alert

• Conclusion

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LIMITING CITING REFERENCES

• You can limit the list of citing references by specific criteria.

While viewing the Citing References result, click Limit KeyCite Display at the bottom of the page.

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LIMITING CITING REFERENCESYou can limit citation results by any number or combination of• Document Type• Headnotes or Notes of Decisions• Locate• Jurisdiction• Date• Depth of Treatment

Select the limits you want for your list of Citing References and click Apply. Using the specified criteria your Citing References will be reduced.

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LIMITING CITING REFERENCES BY LOCATE TERMS

• KeyCite Locate allows you to narrow your KeyCite result to the citing references that contain certain terms.

• If your KeyCite display contains more than 2000 citing references, you will need to first limit your results by other criteria.

• Try limiting your results by date, document type or jurisdiction first to ensure that you have 2000 or fewer citing references before clicking Apply.

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KEYCITE CITING REFERENCES FOR THIS HEADNOTE• The “KeyCite Citing References for this Headnote” feature

makes it easy for you to focus or expand your research by allowing you to move directly from a displayed case to its citing references, limited to cases that discuss legal issues similar to the one summarized in a particular headnote.

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STEPS FOR KEYCITE CITING REFERENCES FOR THIS HEADNOTE

• From within a case, you can see materials that cite your case for the particular proposition in the headnote, using the follow these steps:

1. Click the KeyCite Citing References for this Headnote link. A list of the types of citing references available in KeyCite is displayed.

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2. Click the plus (+)and minus (-) symbols to browse the list.

3. Select the check boxes next to the types of citing references you want to view.

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Each type of citing reference is followed by a number that indicates how many documents are available for that type of citing document.

4. When you finish making your selections, click Go.


• The citing references for that headnote are now displayed in the right frame.

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CONTENTS

• Introduction






• KeyCite Alert

• Conclusion

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KEYCITE TABLE OF AUTHORITIES

• The Table of Authorities service provides a list of cases cited within your 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 uses KeyCite symbols to show whether those cases have significant negative history.

• The Table of Authorities is also available for ALR annotations, law review articles, and selected administrative decisions.

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ACCESSING THE TABLE OF AUTHORITIES

While viewing a case or KeyCite result click on Table of Authorities.

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TABLE OF AUTHORITIES DISPLAY

The page number to the right of each case in the Table of Authorities is a link to where that case is first cited in the Phillips case.

A plus symbol following a page number indicates multiple citations to the case Sanford v. Stiles in Phillips.

Keycite symbols beside the cases cited in Phillips show the relative strength of the authority cited in Phillips.

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CONTENTS

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• Introduction






• KeyCite Alert

• Conclusion

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GRAPHICAL KEYCITE – CASES & STATUTES

• In addition to listing the history of cases and statutes, Westlaw offers a snapshot view through Graphical KeyCite.

• This is an easy-to-read and comprehensive look at the history of a case or statute.

• KeyCite Direct History Graphical View can be a huge time-saver in understanding the history of a case.

• The graphical view of direct history places every reversal, rehearing, reconsideration, or other action in a case into context.

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While viewing a case or its KeyCite history result in text view, click Direct History

(Graphical View) on the Links tab

GRAPHICAL KEYCITE – CASES

• KeyCite Citing References lists other cases and legal materials that cite your case.

• Citing References include:– Negative and positive citing cases

– Administrative materials

– Secondary sources

– Briefs

– Other court documents

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The case you are checking in KeyCite is clearly marked. Arrows clarify the route of the case through the courts.

The boxes provide links to the full text of the decisions, orders and rulings, as well as to related court documents

GRAPHICAL KEYCITE – CASES (CONT.)

GRAPHICAL KEYCITE – STATUTES

• Graphical Statutes provides:– Prior versions

– Proposed and enacted legislation

– Cases that negatively impact the statute

– Legislative history

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GRAPHICAL KEYCITE – STATUTES (CONT.)

The timeline shows the effective dates for each version. Navigate using arrows.

Under each timeline entry, there are links to the text of the prior version and the corresponding legislative history documents.

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CONTENTS

• Introduction






• KeyCite Alert

• Conclusion

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MONITOR WITH KEYCITE ALERT

• KeyCite Alert is a service that automatically monitors the status of cases, statutes, federal regulations and federal administrative regulations and sends updates to you when there has been a change that might affect the validity of these documents.

• KeyCite Alert results are delivered to a destination you select, such as printer, fax machine, e-mail address, or wireless device.

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MONITOR WITH KEYCITE ALERT

• For Example:– Suppose you are basing a legal argument on the court’s

decision in 100 S.Ct. 1. You will want to ensure that the decision remains good law and possibly see any new decisions referencing that case, before your scheduled trial.

– The Monitor with KeyCite Alert link lets you easily create a KeyCite Alert entry.

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MONITOR WITH KEYCITE ALERT CONT.

• The Monitor with KeyCite Alert link brings you to the KeyCite Alert Wizard.

• The Wizard takes you step by step through creating a KeyCite Alert entry.

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1. Select which KeyCite features youwant to monitor.

2. Select how often you want the KeyCite Alert entry monitored.

3. Select when you want to beginMonitoring the case.

4. Select a delivery method.

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5. Enter the delivery destination. 6. Do you want the entire citing document delivered?

7. Enter any notes regarding your alert. 8. Click Finish when you reach the summary screen.

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• Your KeyCite Alert entry is now listed in your KeyCite Alert Directory, along with any previously created entries. You can delete it at any time.

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CONCLUSION

• Use KeyCite to ensure that you have solid foundations for your legal arguments.

• KeyCite is– Current

– Accurate

– Easy to Use

– Comprehensive

• If you feel you need help using KeyCite, call the West Reference Attorneys:– 1-800-850-9378

• Available 24 hours a day, seven days a week

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