KeyCite ® West’s Instructional Aids Series. Contents Introduction Cases: KeyCite History Cases: KeyCite Citing References Limiting KeyCite Citing ReferencesLimiting

KeyCite®

West’s Instructional Aids Series

Contents

• Introduction• Cases: KeyCite History • Cases: KeyCite Citing References• Limiting KeyCite Citing References• KeyCite Notes: Expanding Your Research• Table of Authorities• KeyCite for Statutes• KeyCite Alert

West’s Instructional Aids Series

Introduction

Back to Contents

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.

Introduction

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

Introduction

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• Superseded by statute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

Introduction

KeyCite for Statutes

A statute can be

• Repealed

• Amended

• Renumbered

• Subject to pending legislation

• Declared unconstitutional

• Preempted by federal law

Introduction

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

malpractice.

It is often professionally embarrassing!

Introduction

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

Introduction

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

Introduction

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.

Introduction

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

Introduction

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

Introduction

• 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

Introduction

• 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

Introduction

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

Cases: KeyCite History

Back to Contents

Use KeyCite History to Determine Whether Your Case Is Good Law

KeyCite History includes

• Direct History of the case, which traces your case through the appeals court(s)

• Negative Indirect History, which includes cases outside the direct history of the case that might have a negative impact on the validity of your case

Cases: History

Status flags give you an instant indication of whether your case is good law

Red Flag - Your case is no longer good law for at least one of the points it contains.

Yellow Flag - Your case has had some negative history but hasn’t been reversed or overruled.

Blue H - Your case has some history.

Green C - Your case has citing references but no direct or negative indirect history.

KeyCite for Cases

Cases: History

• In the Direct History of the case, the case has been

– reversed by a higher court

– vacated by a higher court

– remanded by a higher court to lower court for reconsideration

OR

• In the Negative Indirect History, the case has been

– overruled by another court at the same level in the same jurisdiction

– superseded by statute as stated in a case

A red flag means

Cases: History

– disagrees without overruling

– has factual distinctions

– although negative it is from another jurisdiction

– in some other way expresses dissatisfaction with the case without invalidating the case

A yellow flag means another case in the Negative

Indirect History of the case

Cases: History

Direct History • Traces a case as it moves through the appeals courts

• Integrates the full litigation history into a single display

• This result shows how the Floyd v. Waiters case moved through the appeals process

Cases: History

• Lists cases outside the direct appellate line that may have a negative impact of the validity of your case

• Can be so strong that it overrules or otherwise invalidates your case

• Can have little affect because it is such mild disagreement or because it is from outside the jurisdiction.

Negative Indirect HistoryCases: History

QuestionWhich of the following answers is true?

Negative Indirect History

1. Can have no effect on the validity of a case

2. Always invalidates a case

3. Does not necessarily invalidate the case

4. All of the above

Question

Which of the following answers is true?

Negative Indirect History

1. Can have no effect on the validity of a case

2. Always invalidates a case

3. Does not necessarily invalidate the case

4. All of the above

Cases: KeyCite Citing References

Back to Contents

Cases: KeyCite Citing References KeyCite Citing References result lists other cases and

legal materials that cite your case. They include

• Cases • Federal agency decisions• Federal Register• Law review articles• ALR articles • Am Jur 2d sections • Restatements• Treatises• Briefs

Cases: Citing References

• KeyCite lists the citing references in the following order:• Negative citing cases • Positive citing cases• Administrative materials• Secondary sources, such as

ALR articles, Am Jur 2d sections, law review articles, and treatises

• Briefs

Citing References to the case can be positive or negative. They can strengthen or weaken the case.

Citing References


Links in KeyCite Citing References allow you to jump to the place in Allstate where Fuller is first cited.

KeyCite Citing Referencesfor Fuller v. Studer includesAllstate v. Mocaby.

The Fuller case is highlighted in yellow in Allstate.


Graphic symbols in a KeyCite Citing References result instantly indicate which

citations will be the most useful.

• Depth of treatment stars help you determine how extensively your case is discussed in a citing case or administrative document.

• 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 number indicates the number(s) of the headnote(s) discussing the legal issue(s) for which your case was cited. HN:3,4


Depth of Treatment Stars Examined

This case contains an extended discussion of your case, usually more than a printed page.

Discussed

This case contains a substantial discussion of your case, usually more than a paragraph but less than a printed page.

Cited

This case contains some discussion of your case, usually less than a paragraph.

Mentioned

This case contains a brief reference to your case.


• Quotation marks - This case quotes Jackson

• Plus sign - This case cites

Jackson multiple times

• HN:5,6 – This case discusses Jackson for the points of law discussed in headnotes 5 and 6 in Jackson.


Question

In KeyCite, three stars mean:

1. The case has discussed the cited case in text that is from one paragraph to one page long

2. This is the best portion of the case

3. The citing case quotes language from the case

4. The citing judge really likes this case

Question

In KeyCite, three stars mean:

1. The case has discussed the cited case in text that is from one paragraph to one page long

2. This is the best portion of the case

3. The citing case quotes language from the case

4. The citing judge really likes this case

Cases: Limiting KeyCite Citing References

Back to Contents

Limits and Locate in KeyCite

• Roe v. Wade had 12,994 citing references on KeyCite on January 15, 2004.

• A Limit KeyCite Display button allows you to limit the citation results to specified criteria.

Cases: Limiting Citing References

Limit KeyCite Display

• Select the desired criteria for your citing reference result.• You can select any number or combination of criteria.• We’ll start by selecting the issue discussed in headnote eight of Roe v. Wade.

You can limit by• Headnote (issue)• Locate• Jurisdiction• Date• Document type• Depth of treatment

8


Locate

The second limitation isa date restrictor.

Click Apply.

Then choose Locate and enter “first trimester.”

Date

Apply


By using the date limit displayed on the last screen and requiring that the phrase first trimester occur in the citing references, we have limited the KeyCite results to the 3 citing documents from the original 12,994 that will be of most use to us.


Cases: Locate Limits

More About KeyCite Locate

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

• Only KeyCite Locate allows you to search for terms that appear in the same paragraph as the cited case. This is an exclusive feature of westlaw.com.®..

• If your KeyCite display contains more than 2,000 citing references, you will need to first limit your results by other criteria.

Question

You can limit the citing references in your KeyCite result by:

1. Date

2. Type of document

3. Headnote

4. All of the above

Question

You can limit the citing references in your KeyCite result by:

1. Date

2. Type of document

3. Headnote

4. All of the above

KeyCite Notes: Expanding Your Research by Creating a KeyCite Citing

References List from Within a Case

Back to Contents

KeyCite Notes: Create a KeyCite Result from Within a Case

• KeyCite Notes helps you locate sources that cite your case for a legal issue summarized in a specific headnote.

• Access KeyCite Notes from a headnote or from the place in the opinion field of a case in which the court discussed the point of law summarized in the headnote.

KeyCite Notes

• provides a list of sources that cite both the case and the point of law you are researching

• lets you know of the sources and number of documents that cite the case and legal issue before you run your search

KeyCite Notes

KeyCite Notes

From within a case you have created a KeyCite Citing Reference list of the cases that have cited Roe for the point of lawdiscussed in Headnote 1 of Roe.

Creating a KeyCite Result from Within a Case

KeyCite Notes

Table of Authorities

Back to Contents


• The Table of Authorities service provides a list of cases cited in your case.

• KeyCite flags in the Table of Authorities allow you to quickly determine whether you are relying on a case with a hidden weakness.

• Table of Authorities is a KeyCite related service which includes KeyCite symbols.


Access the Table of Authorities service byclicking the Table of Authorities link on the Link for tab in the left frame.


Although the Nieminen case does not have a red or yellowflag, many of the cases Nieminen cites have KeyCite flags. A careful researcher would investigate to ensure that Nieminen did not rely on these cases in its holding.

11 cases were cited in the Nieminen case.


• 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 Nieminen case.

• A plus symbol following a page number indicates multiple citations in Nieminen.


By clicking 584 following the Gulf Oil case in the Table of Authorities, you will go to page 584 of theNieminen case, where Gulf Oil is cited.

Nieminen


Gulf Oil


Back to Contents


• KeyCite History indicates whether the statute is

GOOD LAW.

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

• Notes of Decisions (annotations) are the headnotes from cases that significantly interpreted or applied the statute.

Statutes

KeyCite History for Statutes

KeyCite flags indicate the status of the statute.

A red flag indicates that the statute has been

• Recently amended

• Repealed

• Ruled unconstitutional

• Preempted

Statutes: History

KeyCite History for Statutes

A yellow flag indicates that the statute

• Has pending legislation

• Has been renumbered

• Has been transferred

• Contains an editor’s amendment note

• Was limited on constitutional or preemption grounds or its validity was otherwise called into doubt

Statutes: History

KeyCite History for Statutes includes

• Updating documents (recently passed public laws) that have amended or repealed the statute

• Pending legislation (bills) that may affect the statute (available for USCA and most state statutory codes)

• Credits, also called Text Amendments , that are public laws that have enacted, amended, or renumbered a statute

• Historical and Statutory Notes, also called Editor’s Notes, that describe the legislative changes that have affected the statute

Statutes: History

• 12 USCA 3401 was amended December 13, 2004. • 3401 links to Legislative Action, which are Updating Document(s).• Updating Documents are recent Public Laws.• Updating Document page links to Public Law 108-177.

PL 108-177

Statutes: History

Updating Documents

Public Law 108-177 amended 12 USCA 3401

Statutes: History

• The yellow flag indicates there is pending legislation • Pending Legislation are bills that could affect the statute.• You can link to the pending legislation.

Pending Legislation

Statutes: History

Pending Bills

Pending Legislation

KeyCite Citing References for Statutes • KeyCite Citing References are legal documents that

discuss or mention your statute.

• Citing references include• Pending legislation• Notes of Decisions (annotations) in USCA• Cases on Westlaw that do not appear in Notes of

decisions (for example, unreported cases or cases too new to have headnotes)

• Administrative materials• Secondary sources, such as ALR articles, Am Jur 2d

sections, law reviews, and treatises.

Statutes: Citing References

• 42 USCA 1981 (the equal rights statute) had 33,931 Citing References on January 16, 2004.

• Click Limit KeyCite Display to limit the citing references to the ones of most use to you.

Citing References

Limit KeyCite Display


• Notes of Decisions (by subtopic)• Locate• Jurisdiction• Date• Document type• Select the limits you want to

apply to your list of citing references

You can limit citationresults by any numberor combination of

• Click Apply.

Apply


Using the criteria chosen on the previous screen, the citing references have been reduced from 33,931 to six.


KeyCite Alert

Return to Contents

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.

KeyCite Alert

Suppose you are basing a legal argument on the court’s decision in 100 S.Ct. 1. Before you file your briefs or make an argument at trial, you want to ensure that in the time since you last verified that the case was good law, there has been no change in the law might affect its validity.

The Monitor with KeyCite Alertlink lets you easilycreate a KeyCiteAlert entry.

KeyCite Alert

Next

KeyCite Alert

• 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.

• Click Next to continue.

Select which KeyCite features you want to monitor.

Select how often you want theKeyCite Alert entry monitored.

Select when you want to beginmonitoring the case.

Select a delivery destination.

1. 2.

3. 4.

KeyCite Alert

Click the Finish button when you reach this summary screen.

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.

Finish

KC AlertDirectory

KeyCite Alert

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

Key Cite is

Current

Accurate

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