Definition
Since cases are basically reported chronologically, it is impossible to find relevant ones without resorting to secondary sources that make them accessible by subject or name. Digests are the secondary sources that serve this purpose. They are like grand indexes to the case law found in reporters.
Digests consist of series of paragraphs, arranged by topic, that provide brief abstracts (or digests) of opinions rendered by the courts. Because the construction of West digests is illustrative, it is they which will be considered here. When the editorial staff receives an opinion from a court, it analyzes the case and identifies the points of law contained therein. A digest paragraph is created for each point of law and is then assigned a topic and key number. These appear before the text of each opinion in West reporters. The same digest paragraphs also appear in digests themselves but arranged differently. Here they have been compiled together with digest paragraphs on similar points of law from other cases.
The West key number system divides all law into seven main categories, thirty-two subheadings, and over 400 topics. Topics are further sub-divided according to the principles of law contained in them, and each is given an identifying number called a key number. When we refer to key numbers, we are actually talking about a topic and a key number, because it is always necessary to have both. Therefore, it is very important in the research process to remember the topic in which one is searching, as well as the specific key number.
Digests are to be used only as finding tools. They are not to be relied on as authority of any kind -- not even persuasive. A digest paragraph gives no indication of whether the rule of law contained therein is reasoning, holding, or dictum. You must always read the whole case to determine the court's holding and position on your issue. Furthermore, never cite a digest.
The Digest System
The West system contains digests for all reporters covering federal court decisions, a digest for each state (except Delaware, Nevada and Utah), and five of the seven regional reporters have a corresponding digest. The South Western Digest, the North Eastern Digest, and (most recently) the Southern Digest have been discontinued. Regional digests are not currently collected by UMLL, although we do hold the digest for the region in which we are included, the North Western Digest.
UMLL currently collects individual state digests. State digests are sometimes easier to use, because one needn't read through the digest paragraphs from other jurisdictions. They also cover many federal cases decided in the federal district court(s) for the state in question.
West also publishes the American Digest System, a comprehensive set of digests that includes digest entries to cases in all West federal, state, and regional digests. It is basically a master digest to all of the reported case law of our country. It now consists of the Century Digest (1658 - 1896), eleven Decennial Digests (in two parts since the ninth), and the General Digest, Tenth Series. The General Digest comes out in monthly pamphlets that are cumulated into bound volumes about every four months. Further follow-up requires that one go into the digest section at the front of every advance sheet for any given reporter.
The Key Number System
Remember that a "key number" really consists of (1) a topic (the
subject
area) and (2) the (key) number. Always remember to keep notes on the
subject,
as well as the number. Once you have located an appropriate key number,
you effectively have easy access to all reported American cases that
have
addressed that legal issue. As all West digests are basically parallel
to each other in composition, one need only choose a jurisdiction, find
the corresponding digest, and "plug in" the (topic and) key number.
Key Search on Westlaw allows one to search for topics and key
numbers. The West Key Number Digest on Westlaw presents all
topics under which cases are digested. Topics are expandable,
permitting you to view key number ranges within topics. Key
numbers can be selected and searches run within particular key numbers,
limited by jurisdiction and date.
Headnotes
on Lexis
In recent years, Lexis has added headnotes. They are not the
headnotes with topics and key numbers from West. Topics and key
numbers are proprietary to West. Lexis headnotes do not exist in
hardcopy format; they are only online. The easiest way to use
them is find one good case and then branch out using the headnotes.
LexisNexis
Headnotes.
Using
Case Summaries and LexisNexis Headnotes.
Tutorial:
Using Case Law Summaries & LexisNexis Headnotes.
Research Approaches
(1) Index Method.
A digest's index is usually called a Descriptive Word Index, and it is usually located in the first volume(s) of the set. It functions like any other index, except that it refers one to a (topic and) key number instead of a volume and page.
Words indexed are generally descriptive of facts in a case or points of law. Ask: "What words describe pertinent facts of the case or the legal question involved." Also use synonyms, antonyms, and related words. Words usually relate to 5 elements: (1) parties, (2) places & things, (3) basis of action, (4) defense, and (5) relief sought.
(2) Topic Method.
This method is most useful if one is already familiar with the topic. The digest is arranged alphabetically by topic. To find an appropriate topic, study the key number system chart at the beginning of volumes of the Decennials, beginning with the Fourth series.
This approach requires some knowledge of law and of the topic and key number system. Topics may sometimes be found through use of the Descriptive Word Index, although that search may not have yielded a specific key number. Having determined a topic, one then can refer to the "Scope-Note" and Analysis at the beginning of the topic. In more recent digests, this is replaced by "Subjects Included" and "Subjects Excluded and Covered by Other Topics". These devices both confirm one's choice of topic and help one locate appropriate key numbers.
(3) Key Number Method.
This approach works when one already has an appropriate key number, perhaps located through a reference from some other source. Indeed, familiarity with a discrete area of law may cause to one remember certain key numbers.
Just choose the digest for the jurisdiction in which cases need to be found. Pull the volume containing the appropriate topic and key number and read the digest paragraphs to find citations to relevant cases.
(4) Table of Cases Method.
Digests contain tables of cases, usually located in the last volume(s) of the set. These tables allow one to find citations to cases by using the names of the parties involved. Many digests also contain Defendant-Plaintiff Tables which serve the same purpose but list the name of the defendant (second party) first.
Updating
Most digests, except for the American Digest System (the Decennials and the General Digest), are kept up to date by replacement volumes and cumulative pocket (parts) and pamphlet supplements. Hence, updating one's research is reasonably straightforward up to this point. To update further than a pocket part or pamphlet supplement allows and to achieve the most currency possible, one must refer to the advance sheets for the set of reporters involved. Each advance sheet volume contains a "mini-digest" toward its front for the cases it contains.
Updating in the American Digest System is somewhat more interesting. Assuming that one is starting in one of the Decennials, it is necessary to check the pertinent topic and key number in each succeeding Decennial. After that, one checks the General Digest, examining digest paragraphs in each individual volume. However, as each volume covers only a short time period and a researcher might have to look in twenty or thirty individual volumes, a "Table of Key Numbers" is included in the volumes of the Descriptive Word Index. This is essentially a cumulation, occurring in every tenth volume, that indicates in which of the preceding ten volumes there are cases digested for a given key number. After short-cutting through every tenth volume for the key number tables, each remaining volume of the General Digest must be checked. The final step is once again to refer to the advance sheets for the reporters in question. The mini-digests in the front of each advance sheet pamphlet volume must be checked and are the most current updating possible (without the aid of an on-line system).