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KEYCITE ®
West’s Instructional Aid Series
CONTENTS
• Introduction
• KeyCite for Cases

• KeyCite for Statutes
• Limiting Citing References
• Table of Authorities

•...
INTRODUCTION TO KEYCITE
• When should I use KeyCite?
– To check the status of your
case, statute, administrative decision ...
INTRODUCTION TO KEYCITE
• Why should I use KeyCite?
– The law changes: KeyCite tells you whether the law you
are relying o...
INTRODUCTION TO KEYCITE
• Count on KeyCite for:
– Accuracy
• All information added to KeyCite undergoes rigorous analysis
...
KEYCITE IS COMPREHENSIVE
• KeyCite information is available for:
– All federal and state cases reported in West’s National...
CONTENTS
• Introduction
• KeyCite for Cases

• KeyCite for Statutes
• Limiting Citing References
• Table of Authorities

•...
KEYCITE FOR CASES
• KeyCite will catch negative and positive treatment
of a case, including instances where a case has
bee...
KEYCITE SYMBOLS FOR CASES
• Status flags give you an instant indication of
whether your case is good law.
– A red flag war...
ACCESSING KEYCITE
To access
KeyCite, you can
type the citation in
the KeyCite this
citation box and
click Go.

The Full Hi...
CASES: KEYCITE FULL HISTORY
• KeyCite Full History for cases is divided into the
following categories:
– Direct History tr...
CASES: KEYCITE CITING REFERENCES
• KeyCite Citing References lists other cases and
legal materials that cite your case.
• ...
ACCESSING KEYCITE CITING REFERENCES
• You can access Citing References on the Links for
tab in the left frame

13
For example, Citing References indicates
that the case Phillips v. County of
Allegheny is distinguished by the case
Gardne...
CITING REFERENCES SYMBOLS
• Graphic symbols in KeyCite Citing References
instantly indicate which citations will be the mo...
DEPTH OF TREATMENT STARS
• Examined
– Case contains an extensive discussion of your
case, usually more than a printed page...
CITING REFERENCES SYMBOLS
Quotation marks indicate
that this case has a direct
quote from Phillips v.
County of Allegheny....
CONTENTS
• Introduction
• KeyCite for Cases

• KeyCite for Statutes
• Limiting Citing References
• Table of Authorities

•...
KEYCITE FOR STATUTES
• For statutes, KeyCite will indicate the following
actions that affect a statute:
– Repealed
– Amend...
KEYCITE FOR STATUTES
• Full History: Indicates whether the statute is still GOOD
LAW.
• Citing References: Lists cases, pe...
KEYCITE SYMBOLS FOR STATUTES
• KeyCite flags indicate the status of the statute:
– A red flag indicates that
• The statute...
KEYCITE SYMBOLS FOR STATUTES (CONT.)
– A statute may have both a red and yellow flag when there
is both negative treatment...
STATUTES: KEYCITE FULL HISTORY
• Categories within Full History include:
– Updating documents: recently passed laws that h...
STATUTES: KEYCITE FULL HISTORY

24
STATUTES: KEYCITE CITING REFERENCES
• Citing References for statutes include:
– Negative Treatment: cases that have ruled ...
STATUTES: KEYCITE CITING REFERENCES
• Citing References also include:
– Secondary Sources: Encyclopedias, treatises, law
r...
CONTENTS
• Introduction
• KeyCite for Cases

• KeyCite for Statutes
• Limiting Citing References
• Table of Authorities

•...
LIMITING CITING REFERENCES
• You can limit the list of citing references by specific
criteria.
While viewing the
Citing Re...
LIMITING CITING REFERENCES
You can limit citation results by any
number or combination of
• Document Type
• Headnotes or N...
LIMITING CITING REFERENCES BY
LOCATE TERMS
• KeyCite Locate allows you to narrow your KeyCite
result to the citing referen...
KEYCITE CITING REFERENCES FOR THIS
HEADNOTE
• The “KeyCite Citing References for this Headnote” feature
makes it easy for ...
STEPS FOR KEYCITE CITING
REFERENCES FOR THIS HEADNOTE
• From within a case, you can see materials that cite
your case for ...
STEPS FOR KEYCITE CITING
REFERENCES FOR THIS HEADNOTE
2. Click the plus (+)
and minus (-) symbols
to browse the list.
3. S...
STEPS FOR KEYCITE CITING
REFERENCES FOR THIS HEADNOTE
• The citing references for that headnote are now
displayed in the r...
CONTENTS
• Introduction
• KeyCite for Cases

• KeyCite for Statutes
• Limiting Citing References
• Table of Authorities

•...
KEYCITE TABLE OF AUTHORITIES
• The Table of Authorities service provides a list of
cases cited within your case.
• It is a...
ACCESSING THE TABLE OF AUTHORITIES

While viewing a case or
KeyCite result click on Table
of Authorities.

37
TABLE OF AUTHORITIES DISPLAY
Keycite symbols beside
the cases cited in
Phillips show the
relative strength of the
authorit...
CONTENTS
• Introduction
• KeyCite for Cases
• KeyCite for Statutes
• Limiting Citing References
• Table of Authorities
• G...
GRAPHICAL KEYCITE – CASES & STATUTES
• In addition to listing the history of cases and
statutes, Westlaw offers a snapshot...
GRAPHICAL KEYCITE – CASES
• KeyCite Direct History Graphical View can be a huge time-saver
in understanding the history of...
GRAPHICAL KEYCITE – CASES (CONT.)
• KeyCite Citing References lists other cases and
legal materials that cite your case.
•...
GRAPHICAL KEYCITE – STATUTES
• Graphical Statutes provides:
– Prior versions
– Proposed and enacted legislation
– Cases th...
GRAPHICAL KEYCITE – STATUTES (CONT.)

The timeline
shows the
effective
dates for
each
version.
Navigate
using
arrows.
Unde...
CONTENTS
• Introduction
• KeyCite for Cases
• KeyCite for Statutes
• Limiting Citing References
• Table of Authorities
• G...
MONITOR WITH KEYCITE ALERT
• KeyCite Alert is a service that automatically
monitors the status of cases, statutes, federal...
MONITOR WITH KEYCITE ALERT
• For Example:
– Suppose you are basing a legal argument on the court’s
decision in 100 S.Ct. 1...
MONITOR WITH KEYCITE ALERT CONT.

• The Monitor with KeyCite Alert link brings you to
the KeyCite Alert Wizard.
• The Wiza...
1. Select which KeyCite features you
want to monitor.

3. Select when you want to begin
Monitoring the case.

2. Select ho...
5. Enter the delivery destination.

6. Do you want the entire citing
document delivered?

7. Enter any notes regarding you...
• Your KeyCite Alert entry is now listed in your KeyCite Alert
Directory, along with any previously created entries. You
c...
CONCLUSION
• Use KeyCite to ensure that you have solid
foundations for your legal arguments.
• KeyCite is
– Current
– Accu...
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  1. 1. KEYCITE ® West’s Instructional Aid Series
  2. 2. CONTENTS • Introduction • KeyCite for Cases • KeyCite for Statutes • Limiting Citing References • Table of Authorities • Graphical KeyCite for Cases & Statutes • KeyCite Alert • Conclusion 2
  3. 3. INTRODUCTION TO KEYCITE • When should I use KeyCite? – To check the status of your case, statute, administrative decision or regulation. • You can see at a glance whether it’s good law on which to base your legal argument. – To expand your research. • Expand your research by using KeyCite to find citing references to your case, statute, administrative decision or regulation. – To update your research. • At the end of your research, use KeyCite to update your work. • Use KeyCite Alert to monitor your case, statute or regulation automatically and notify you of any changes in its status. 3
  4. 4. INTRODUCTION TO KEYCITE • Why should I use KeyCite? – The law changes: KeyCite tells you whether the law you are relying on in your legal argument has changed. • Case history includes direct history, which traces your case through the appeals process, as well as any negative citing references. • Statute history lists cases affecting the validity of a statute and legislation that has affected or may affect the statute. – The law’s precedential value changes: KeyCite tells you how the law you are relying on has been interpreted. • Even though your case may be good law, its holding may be affected by subsequent interpretation by the same court or different courts, which can affect its precedential value. • Similarly, the validity or interpretation of a statute may be affected by cases that cite to it. 4
  5. 5. INTRODUCTION TO KEYCITE • Count on KeyCite for: – Accuracy • All information added to KeyCite undergoes rigorous analysis by West Attorney Editors. – Currency • 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 appear in KeyCite as soon as they are added to Westlaw. – Ease of Use • The ability to display the direct history of a case in graphical view and unique graphical elements, such as status flags, depth of treatment stars, and quotation marks, enable you to quickly identify and evaluate information in KeyCite. 5
  6. 6. KEYCITE IS COMPREHENSIVE • KeyCite information is available for: – 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 law reviews, American Law Reports (ALR) and American Jurisprudence 2d. – The United States Code Annotated – Statutes and regulations from all 50 states – The Code of Federal Regulations – Patents – Administrative decisions of selected state and federal agencies 6
  7. 7. CONTENTS • Introduction • KeyCite for Cases • KeyCite for Statutes • Limiting Citing References • Table of Authorities • Graphical KeyCite for Cases & Statutes • KeyCite Alert • Conclusion 7
  8. 8. KEYCITE FOR CASES • KeyCite will catch negative and positive treatment of a case, including instances where a case has been: – 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 8
  9. 9. KEYCITE SYMBOLS FOR CASES • Status flags give you an instant indication of whether your case is good law. – A red flag warns that the case is no longer good law for at least one of the legal holdings it contains. – A yellow flag warns that the case has some negative history, but hasn’t been reversed or overruled. – A blue ‘H’ indicates that the case has some history. – A green ‘C’ indicates that the case has citing references, but no direct history or negative citing references. 9
  10. 10. ACCESSING KEYCITE To access KeyCite, you can type the citation in the KeyCite this citation box and click Go. The Full History of the case will then display in the right frame. 10
  11. 11. CASES: KEYCITE FULL HISTORY • KeyCite Full History for cases is divided into the following categories: – Direct History traces your case through the appellate process and includes both prior and subsequent history. – Negative Citing References lists cases outside the direct appellate line that may have a negative impact on the precedential value of your case. – Related References lists cases that involve the same parties and facts as your case, whether or not the legal issues are the same. • Full History also includes links to related court documents, such as briefs, petitions, motions, and transcripts of oral arguments. 11
  12. 12. CASES: KEYCITE CITING REFERENCES • KeyCite Citing References lists other cases and legal materials that cite your case. • Citing References include: – Negative and positive citing cases – Administrative materials – Secondary sources – Briefs – Other court documents 12
  13. 13. ACCESSING KEYCITE CITING REFERENCES • You can access Citing References on the Links for tab in the left frame 13
  14. 14. For example, Citing References indicates that the case Phillips v. County of Allegheny is distinguished by the case Gardner v. Luzerne County. Links in KeyCite citing References allow you to jump to the place in Gardner where Phillips is first cited. The Phillips case is highlighted in yellow in Gardner. 14
  15. 15. CITING REFERENCES SYMBOLS • Graphic symbols in KeyCite Citing References instantly indicate which citations will be the most useful. – Quotation marks indicate that some language from your case is quoted word for word in the citing case. HN:3,4 – The letters HN followed by one or more numbers indicates the number(s) of the headnote(s) discussing the legal issue(s) for which your case was cited. – Depth of Treatment stars help you determine how extensively your case is discussed in a citing case or administrative document. • The next slide will explain the different treatment these stars indicate. 15
  16. 16. DEPTH OF TREATMENT STARS • Examined – Case contains an extensive discussion of your case, usually more than a printed page. • Discussed – Case contains a substantial discussion of your case, usually more than a paragraph but less than a page. • Cited – Case contains some discussion of your case, usually less than a paragraph. • Mentioned – Case contains a brief reference to your case. 16
  17. 17. CITING REFERENCES SYMBOLS Quotation marks indicate that this case has a direct quote from Phillips v. County of Allegheny. A plus sign indicates that this case cites Phillips on more than one page. This case discusses the points of law contained in headnotes 1, 26 & 28 of Phillips v. County of Allegheny . 17
  18. 18. CONTENTS • Introduction • KeyCite for Cases • KeyCite for Statutes • Limiting Citing References • Table of Authorities • Graphical KeyCite for Cases & Statutes • KeyCite Alert • Conclusion 18
  19. 19. KEYCITE FOR STATUTES • For statutes, KeyCite will indicate the following actions that affect a statute: – Repealed – Amended – Renumbered – Subject to pending legislation – Declared unconstitutional – Preempted by federal law 19
  20. 20. KEYCITE FOR STATUTES • Full History: Indicates whether the statute is still GOOD LAW. • Citing References: Lists cases, pending legislation, administrative materials, and secondary sources that discuss or cite the statute. • Monitor with KeyCite Alert: Tracks the statute for future changes or amendments. • Graphical Statutes: Displays a graphical view of the statutes history. 20
  21. 21. KEYCITE SYMBOLS FOR STATUTES • KeyCite flags indicate the status of the statute: – A red flag indicates that • The statute as been amended, repealed or superseded • A court has ruled the statute unconstitutional in whole or in part or has recognized that the statute has been repealed by implication or preempted – A yellow flag indicates that • The statute has pending legislation • The statute has been renumbered or transferred • A court has ruled that the statute was limited on constitutional or preemption grounds or its validity was called into doubt • A prior version of a statute was held unconstitutional or preempted 21
  22. 22. KEYCITE SYMBOLS FOR STATUTES (CONT.) – A statute may have both a red and yellow flag when there is both negative treatment or a recent amendment, and pending legislation – A green ‘C’ indicates that the statute has citing references. It will only appear if there is no history, and no negative treatment. 22
  23. 23. STATUTES: KEYCITE FULL HISTORY • Categories within Full History include: – Updating documents: recently passed laws that have amended or repealed the statute – Proposed Legislation and Bill Drafts: legislative bills that may affect the statute – Reports and Related Materials: legislative reports and documents relating to proposed legislation. – Negative Treatment by the courts: cases that have held or recognized a statute as being unconstitutional or preempted. – Credits: laws that have enacted, amended or renumbered the statute – Historical and Statutory Notes: editor’s notes that describe the legislative changes that have affected the statutes 23
  24. 24. STATUTES: KEYCITE FULL HISTORY 24
  25. 25. STATUTES: KEYCITE CITING REFERENCES • Citing References for statutes include: – Negative Treatment: cases that have ruled the statute unconstitutional, preempted, or have questioned the application of the statute – Notes of Decisions: headnotes from cases that significantly interpreted or applied the statute. – Citations for the Statute: cases that have cited to the statute – Administrative Materials: agency documents that have cited to the statute 25
  26. 26. STATUTES: KEYCITE CITING REFERENCES • Citing References also include: – Secondary Sources: Encyclopedias, treatises, law reviews and practice guides that have cited the statute – Court Documents: Pleadings, motions, briefs, and dockets that have cited the statutes – Surveys: 50 state surveys available on Westlaw that include your statute 26
  27. 27. CONTENTS • Introduction • KeyCite for Cases • KeyCite for Statutes • Limiting Citing References • Table of Authorities • Graphical KeyCite for Cases & Statutes • KeyCite Alert • Conclusion 27
  28. 28. LIMITING CITING REFERENCES • You can limit the list of citing references by specific criteria. While viewing the Citing References result, click Limit KeyCite Display at the bottom of the page. 28
  29. 29. LIMITING CITING REFERENCES You can limit citation results by any number or combination of • Document Type • Headnotes or Notes of Decisions • Locate • Jurisdiction • Date • Depth of Treatment Select the limits you want for your list of Citing References and click Apply. Using the specified criteria your Citing References will be reduced. 29
  30. 30. LIMITING CITING REFERENCES BY LOCATE TERMS • KeyCite Locate allows you to narrow your KeyCite result to the citing references that contain certain terms. • If your KeyCite display contains more than 2000 citing references, you will need to first limit your results by other criteria. • Try limiting your results by date, document type or jurisdiction first to ensure that you have 2000 or fewer citing references before clicking Apply. 30
  31. 31. KEYCITE CITING REFERENCES FOR THIS HEADNOTE • The “KeyCite Citing References for this Headnote” feature makes it easy for you to focus or expand your research by allowing you to move directly from a displayed case to its citing references, limited to cases that discuss legal issues similar to the one summarized in a particular headnote. 31
  32. 32. STEPS FOR KEYCITE CITING REFERENCES FOR THIS HEADNOTE • From within a case, you can see materials that cite your case for the particular proposition in the headnote, using the follow these steps: 1. Click the KeyCite Citing References for this Headnote link. A list of the types of citing references available in KeyCite is displayed. 32
  33. 33. STEPS FOR KEYCITE CITING REFERENCES FOR THIS HEADNOTE 2. Click the plus (+) and minus (-) symbols to browse the list. 3. Select the check boxes next to the types of citing references you want to view. 4. When you finish making your selections, click Go. Each type of citing reference is followed by a number that indicates how many documents are available for 33 that type of citing document.
  34. 34. STEPS FOR KEYCITE CITING REFERENCES FOR THIS HEADNOTE • The citing references for that headnote are now displayed in the right frame. 34
  35. 35. CONTENTS • Introduction • KeyCite for Cases • KeyCite for Statutes • Limiting Citing References • Table of Authorities • Graphical KeyCite for Cases & Statutes • KeyCite Alert • Conclusion 35
  36. 36. KEYCITE TABLE OF AUTHORITIES • The Table of Authorities service provides a list of cases cited within your case. • It is a useful tool for finding hidden weaknesses in a case because it not only lists the cases on which your case relies, but also uses KeyCite symbols to show whether those cases have significant negative history. • The Table of Authorities is also available for ALR annotations, law review articles, and selected administrative decisions. 36
  37. 37. ACCESSING THE TABLE OF AUTHORITIES While viewing a case or KeyCite result click on Table of Authorities. 37
  38. 38. TABLE OF AUTHORITIES DISPLAY Keycite symbols beside the cases cited in Phillips show the relative strength of the authority cited in Phillips. 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 Phillips case. A plus symbol following a page number indicates multiple citations to the case Sanford v. Stiles in Phillips. 38
  39. 39. CONTENTS • Introduction • KeyCite for Cases • KeyCite for Statutes • Limiting Citing References • Table of Authorities • Graphical KeyCite for Cases & Statutes • KeyCite Alert • Conclusion 39
  40. 40. GRAPHICAL KEYCITE – CASES & STATUTES • In addition to listing the history of cases and statutes, Westlaw offers a snapshot view through Graphical KeyCite. • This is an easy-to-read and comprehensive look at the history of a case or statute. 40
  41. 41. GRAPHICAL KEYCITE – CASES • KeyCite Direct History Graphical View can be a huge time-saver in understanding the history of a case. • The graphical view of direct history places every reversal, rehearing, reconsideration, or other action in a case into context. While viewing a case or its KeyCite history result in text view, click Direct History (Graphical View) on the Links tab 41
  42. 42. GRAPHICAL KEYCITE – CASES (CONT.) • KeyCite Citing References lists other cases and legal materials that cite your case. • Citing References include: – Negative and positive citing cases – Administrative materials – Secondary sources The case you are – Briefs checking in KeyCite is – Other court documents clearly marked. Arrows clarify the route of the case through the courts. The boxes provide links to the full text of the decisions, order s and rulings, as well as to related court documents 42
  43. 43. GRAPHICAL KEYCITE – STATUTES • Graphical Statutes provides: – Prior versions – Proposed and enacted legislation – Cases that negatively impact the statute – Legislative history 43
  44. 44. GRAPHICAL KEYCITE – STATUTES (CONT.) The timeline shows the effective dates for each version. Navigate using arrows. Under each timeline entry, there are links to the text of the prior version and the corresponding legislative history documents. 44
  45. 45. CONTENTS • Introduction • KeyCite for Cases • KeyCite for Statutes • Limiting Citing References • Table of Authorities • Graphical KeyCite for Cases & Statutes • KeyCite Alert • Conclusion 45
  46. 46. MONITOR WITH 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. 46
  47. 47. MONITOR WITH KEYCITE ALERT • For Example: – Suppose you are basing a legal argument on the court’s decision in 100 S.Ct. 1. You will want to ensure that the decision remains good law and possibly see any new decisions referencing that case, before your scheduled trial. – The Monitor with KeyCite Alert link lets you easily create a KeyCite Alert entry. 47
  48. 48. MONITOR WITH KEYCITE ALERT CONT. • 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. 48
  49. 49. 1. Select which KeyCite features you want to monitor. 3. Select when you want to begin Monitoring the case. 2. Select how often you want the KeyCite Alert entry monitored. 4. Select a delivery method. 49
  50. 50. 5. Enter the delivery destination. 6. Do you want the entire citing document delivered? 7. Enter any notes regarding your alert. 8. Click Finish when you reach the summary screen. 50
  51. 51. • 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. 51
  52. 52. CONCLUSION • Use KeyCite to ensure that you have solid foundations for your legal arguments. • KeyCite is – Current – Accurate – Easy to Use – Comprehensive • If you feel you need help using KeyCite, call the West Reference Attorneys: – 1-800-850-9378 • Available 24 hours a day, seven days a week 52

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