© Debra Austin, PhD, JD

Advanced Legal Research

Somewhere, something incredible is waiting to be known.
- Carl Sagan -

University of Denver Sturm College of Law

  Home
Course Materials
Administrative Sources
Cases & Digests
Library Databases
Online Resources
Practice Materials
Research Strategy
Secondary Sources
Statutes
Technology Training

 

 

Case and Digests

Caselaw Web Sites

Court System

Trial Court
Most disputes, both civil and criminal, are litigated in the first level of the court system. The issues of fact are determined in this court. Most trial courts do not produce or publish written opinions. They generate a record, as trial transcripts and pre-trial proceedings are filed with the court, but such materials are rarely published.

Intermediate Appellate Court
This court decides if the trial court was correct in its ruling on the issue of law. This court usually consists of three or more judges who confer and vote on the determination of the issue. Cases are the written determination of issues of law. Not all appellate decisions are published.

Court of Last Resort - this court is known as the Supreme Court in most jurisdictions. The opinions of this court are binding on all trial and intermediate appellate courts in its jurisdiction. All Supreme Court cases for every state and federal system are reported in full. The Supreme Court may determine the outcome of a case by refusing to hear an appeal and thereby letting a lower court decision stand. This is called denying a petition for writ of certiorari or cert denied.

Publication of Cases

  • Earliest Decisions - 11th Century England
  • Year Books
  • Nominative Reporters in 1571
  • First American Decisions in 1789
  • US Supreme Court official reporter in 1817
  • Syllabi in 1876 by John B West
  • North Western Reporter in 1879

National Reporter System

Federal System

State System

West Key Number System

  • Seven Categories
    • Persons
    • Property
    • Contracts
    • Torts
    • Crimes
    • Remedies
    • Government
  • Over 400 Individual Topics
  • Key Numbers

Construction of Headnotes

  • Subject Access to Cases
  • Legal Issue Summarized
  • Headnote Created
  • Assigned Topic and Key Number
  • Headnotes appear in Cases and Digests

Digests

  • US Supreme Court Digest
  • West's Federal Practice Digest 4th
  • Prior Federal Practice Digests
    • Federal Practice 3rd
    • Federal Practice 2nd
    • Modern Federal Practice Digest
  • Specialized Digests
  • State Digests
  • Regional Digests
  • Comprehensive American Digest System
    • Century Digest 1658 - 1896
      • abstracts of all reported cases
      • classification system similar to current digests, but its section numbers are not the same as the key numbers
    • Decennial Digest begins in 1897
      • Eleventh Decennial Digest, Part 3
      • Eleventh Decennial Digest, Part 2
      • Eleventh Decennial Digest, Part 1
      • Tenth Decennial Digest, Part 2
      • Tenth Decennial Digest, Part 1
      • contains all the headnotes for the courts of every state and federal jurisdiction
      • uses basically the same classification system still in use today
      • cross-referencing to the Century Digest
      • published every 5 - 10 years and once they are published, they are not updated or recompiled
      • update using the General Digest
    • General Digest

Construction of West's Digests

Every Digest volume contains the following information at the beginning of the volume:

Finding Cases in the West Digests

  • Starting with a known case
    • Table of Cases
    • Cases Reported Table
      • Reporter bound volume or advance sheets
    • Shepard's Acts and Cases by Popular Names: Federal and State
  • Subject searching in Indexes
    • Descriptive-Word Index
    • Words and Phrases Table
  • Analyzing Classification Outline of Topic
    • Topical Outlines
  • Exercise some caution when using Digests

Colorado Cases

Caselaw Web Sites

Top

This problem, too, will look simple after it is solved.
- Charles Francis Kettering -