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Winning Research Skills - Westlaw

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Choosing a Digest That Meets Your Needs<br />

West publishes several digests, each designed to fill specific needs.<br />

West’s digests Coverage<br />

State<br />

Regional<br />

Federal<br />

(lower federal courts and the Supreme Court)<br />

Fundamentals of Case Law<br />

All states except Delaware, Nevada, and Utah. For<br />

Delaware, use the Atlantic Digest. For Nevada and<br />

Utah, use the Pacific Digest.<br />

Four current regional digests: Atlantic Digest, North<br />

Western Digest, Pacific Digest, South Eastern Digest.<br />

Use the state digests for states not covered in the<br />

regional digests.<br />

Federal Digest, all cases prior to 1939<br />

Modern Federal Practice Digest, 1939–1961<br />

Federal Practice Digest 2d, 1961–1975<br />

Federal Practice Digest 3d, 1975–1988<br />

Federal Practice Digest 4th, 1984–present<br />

Supreme Court United States Supreme Court Digest, 1754–present<br />

American Digest System<br />

(all cases, both federal and state)<br />

Century Digest, 1658–1896<br />

First–Eleventh Decennial Digests, 1897–2004<br />

General Digest 11th, 2004–present<br />

Logically, you would retrieve federal cases (including Supreme Court cases) from one of the<br />

various federal digests, and you would use the United States Supreme Court Digest to retrieve<br />

only Supreme Court cases. If you want all cases from all jurisdictions, use the American Digest<br />

System, which consists of the Century Digest, the Decennial Digest, and the General Digest.<br />

This system has enormous scope: it includes all reported American cases, state and federal, from<br />

1658 to the present. To make this digest manageable, West has divided it into five- or 10-year<br />

periods. West updates the Decennial Digest with a series of bound volumes known as the<br />

General Digest (11th Series); a volume is published approximately every month. When you are<br />

using a digest and you see the statement “For other cases, see the Decennial Digest and<br />

<strong>Westlaw</strong>,” you should follow this instruction.<br />

If you are researching state law, you should select a state digest since it will provide you with the<br />

quickest way to determine case law in one state. A regional digest would be useful when you<br />

need cases from neighboring jurisdictions. A good rule of thumb is to always use the smallest<br />

possible digest.<br />

Now that you have the correct digest for your jurisdiction, you need to learn how to use it.<br />

Starting with One Good Case<br />

If you are lucky enough to know one relevant case, you can easily expand your research by using<br />

the West Key Number System and West digests. From your case, determine the relevant topic<br />

and key numbers and then look in a digest to find cases that have headnotes classified under<br />

those topic and key numbers.<br />

<strong>Winning</strong> <strong>Research</strong> <strong>Skills</strong> 23

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