Reference Department
Updated: March 2012
Introduction
Finding Cases Using a Print Digest
Digests
How to use the Digest Set
Which Digest Do I Use?
When Using a Digest Remember To
INTRODUCTION
There are several reasons why you might use print digests instead of Internet resources for legal research. Your choice may depend on which firm, facility, or institution you are associated with, the databases subscribed to by your affiliate, and the access privileges that you are allotted. Whatever your circumstances may be, you should know how to find cases using digests in print. That knowledge will serve as a foundation to finding cases online.
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FINDING CASES USING A PRINT DIGEST
When you are required to find cases based on an area of law, or the circumstances of a situation, you are intermittently finding cases by subject. Use West's National Digest System to find cases by subject. Additionally, you can use American Law Reports, law journals and other secondary sources to begin your case research. However, finding cases using a digest is a practical way of finding cases related to your current research needs.
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HOW TO USE THE DIGEST SET
Digests lead you to reported cases.
Cases published in law reporters are arranged in chronological order. To combat the challenge of finding cases by chronology, and provide the topic of a case as an access point, West created the National Digest System.
The National Digest System categorized the law into hundreds of searchable legal topics in 1897. The online version of the National Digest System is West's Key Numbers System. West divided the law into "seven major categories: persons, property, contracts, torts, crimes, remedies, and government...[which were then] divided into [over] 400 legal topics."
The West Digest System groups cases under West Topics and Key Numbers. Topics are generally quite broad, so they are subdivided into specific subtopics, which are assigned key numbers. Topics and key numbers are used consistently throughout the West Digest system, which means you can locate cases on the same specific topic in any digest. The digest system summarizes each case and includes a citation to where the case can be found. Once you have located your topic in a digest you can read through all the published summaries of cases that are associated with that topic. Pocket parts and supplements update digests; in addition, Howard University Libraries allow public access to Shepard's (LexisNexis) to update cases in the corresponding case reporter.
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THE DIGEST SET
Generally, digest sets are published by jurisdiction or topic, such as the California Digest, or the Bankruptcy Digest. Digest are comprised of the main digest volumes, the Descriptive Word Index (DWI), and a Table of Cases.
Start with the DWI. Look up your topic in this index. The index will point you to where you can read cases about your topic in the main digest volumes. As an example, your legal topic may be about "air carriers." Look up "air carriers" in the index. Notice that the index reads: for cases about "air carriers" use "aviation." Then, look up "aviation" in the index and use it to discover which digest volume lists cases about "aviation." Go to that volume and read all of the case summaries about "aviation". Once you have found a case that is closely related to your research, use the citation in the summary to get the full text version of the case. Read the full text case in the reporter and update your research; Shepardize your case.
If you already know the West Topic that your subject is classified under, you can bypass the index and go directly to the topic you are interested in researching within the main digest volumes. Also, if you have the name of a case (e.g. Grutter v. Bollinger) but do not have the citation to case, use the Table of Cases to get the citation of the case. Use the citation to find the full text version of the case.
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WHICH DIGEST DO I USE?
In deciding which digest you should use, get specific. As an example, if you are researching federal cases, use one of the Federal digests. If you are researching cases from a particular state then use a state or regional digest.
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WHEN USING A DIGEST REMEMBER TO:
- Locate and use the appropriate Digest for your research: federal, state, regional, combined, or topical digests.
- Find your topic in the digest. Remember to use the digest index to determine what topic and key number is relevant to the legal issue you are searching case law for.
- Read the summaries of cases under your topic until you find a case that is on point.
- Read the full text case in the reporter.
- Update your research.
For more information about finding cases, contact Reference at 806-8208.
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