4 KeyCite is West’s citation research service available to you on Westlaw® IntroductionKeyCite tells you whether a case, statute, federal regulation, or federal administrative decision is GOOD LAW.KeyCite provides links to other cases, administrative decisions, and secondary sources that mention or discuss the case, statute, federal regulation, or federal administrative decision.
5 Use KeyCite to Be Sure It is critical in legal research to: IntroductionUse KeyCite to Be SureIt is critical in legal research to:Find the relevant cases, statutes, federal regulations, and federal administrative decisions to support your legal argumentDetermine that a case, statute, federal regulation, or federal administrative decision is still good law and therefore can be used as the basis of your legal argument
6 KeyCite for Cases A case can be Reversed by a higher court IntroductionKeyCite for CasesA case can beReversed by a higher courtOverruled at a later dateSuperseded by statuteCriticized without being overruledCited favorably by other courts, thereby strengthening its authority
7 KeyCite for Statutes A statute can be Repealed Amended Renumbered IntroductionKeyCite for StatutesA statute can beRepealedAmendedRenumberedSubject to pending legislationDeclared unconstitutionalPreempted by federal law
8 Careful practitioners know that failure to consult KeyCite or a similar service can be considered legal malpractice.
9 In Newhouse v. McCormick, the court rejected Newhouse’s argument, which relied on Morris v. American Can Corp., a case that had been remanded and then reversed. As a result, Newhouse’s conduct was termed “frivolous” and “vexatious”, attorney fees were awarded to McCormick and the Court declared Newhouse eligible for Rule 38 sanctions.
10 Reversed in Part, Vacated in Part KeyCiteCase in PointReversed in Part, Vacated in PartHad Newhouse checked Morris in KeyCite, Newhouse wouldhave seen the red flag which indicates that the Morris can notnot be relied upon for at least one point of law it discusses.
11 KeyCite isAccurate - All information added to KeyCite undergoes rigorous analysis by West Group attorney-editors.Current - 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 are added as soon as they are added to Westlaw.Easy to Use - As you retrieve and read relevant materials, status flags and other symbols provide critical information.
12 KeyCite is Comprehensive KeyCite covers:All federal and state cases reported in West’s National Reporter System®More than 1 million unreported cases and cases predating the National Reporter SystemMore than 700 secondary sources, such as ALR® articles, Am Jur® 2d sections and law reviewsThe United States Code Annotated® (USCA®)Statutes from all 50 statesCode of Federal RegulationsPatents
13 KeyCite is Comprehensive Patent and Trademark OfficeBoard of Federal Contracts AppealsFederal Energy Regulatory CommissionKeyCite also covers IRS materials, such asRevenue RulingsRevenue ProceduresTechnical Advice MemorandaPrivate Letter RulingsKeyCite covers decisions of:National Labor Relations BoardEnvironmental Protection AgencyBoard of Immigration AppealsTax CourtFederal Communications CommissionOffice of the Comptroller General
15 Use KeyCite History to Determine Whether Your Case Is Good Law Cases: HistoryUse KeyCite History to Determine Whether Your Case Is Good LawKeyCite History includes:Direct History of the case, which traces your case through the appeals court(s)Negative Indirect History, which includes cases outside the direct history of the case that might have a negative impact on the validity of your case
16 Cases: HistoryKeyCite for CasesStatus flags give you an instant indication of whether your case is good lawRed Flag - Your case is no longer good law for at least one of the points it contains.Yellow Flag - Your case has had some negative history but hasn’t been reversed or overruled.Blue H - Your case has some history.Green C - Your case has citing references but no direct or negative indirect history.
17 KeyCite for Cases Cases: History A red flag means In the Direct History of the case, the case has beenreversed by a higher courtvacated by a higher courtremanded by a higher court to lower court for reconsiderationORIn the Negative Indirect History, the case has beenoverruled by another court at the same level in the same jurisdictionsuperseded by statute as stated in a case
18 KeyCite for Cases A yellow flag means another case in the Negative Cases: HistoryKeyCite for CasesA yellow flag means another case in the NegativeIndirect History of the casedisagrees without overrulinghas factual distinctionsalthough negative it is from another jurisdictionin some other way expresses dissatisfaction with the case without invalidating the case
19 Direct History Cases: History Traces a case as it moves through the appeals courtsIntegrates the full litigation history into a single displayThis result shows how the Floyd v. Waiters case moved through the appeals process
20 Negative Indirect History Cases: HistoryNegative Indirect HistoryLists cases outside the direct appellate line that may have a negative impact of the validity of your caseCan be so strong that it overrules or otherwise invalidates your caseCan have little affect because it is such mild disagreement or because it is from outside the jurisdiction.
22 Cases: KeyCite Citing References KeyCite Citing References result lists other cases and legal materials that cite your case. They includeCasesFederal agency decisionsFederal RegisterLaw review articlesALR articlesAm Jur 2d sectionsRestatementsTreatisesBriefs
23 Citing ReferencesCiting References to the case can be positive or negative. They can strengthen or weaken the case.KeyCite lists the citing references in the following order:Negative citing casesPositive citing casesAdministrative materialsSecondary sources, such as ALR articles, Am Jur2d sections, law review articles, and treatisesBriefs
24 Graphic symbols in a KeyCite Citing References result instantly indicate which citations will be the most useful.Depth of treatment stars help you determine how extensively your case is discussed in a citing case or administrative document.Quotation marks indicate that some language from your case is quoted word for word in the citing case.The letters HN followed by one or more number indicates the number(s) of the headnote(s) discussing the legal issue(s) for which your case was cited.HN:3,4
25 Depth of Treatment Stars ExaminedThis case contains an extended discussion of your case, usually more than a printed page.DiscussedThis case contains a substantial discussion of your case, usually more than a paragraph but less than a printed page.CitedThis case contains some discussion of your case, usually less than a paragraph.MentionedThis case contains a brief reference to your case.
27 Applying KeyCite Limits Cases: Locate LimitsApplying KeyCite LimitsYou can apply limits to the Citing References within your current view.You can apply the following limitations, or filters, to your result:Document Type (Case, Statute, Secondary Source, etc.)HeadnotesLocateJurisdictionDateDepth of Treatment
28 More About KeyCite Locate KeyCite Locate allows you to narrow your KeyCite result to the citing references that contain certain terms.If your KeyCite display contains more than 2,000 citing references, you will need to first limit your results by other criteria.
30 Table of AuthoritiesTable of AuthoritiesThe Table of Authorities service provides a list of cases cited in your case.KeyCite flags in the Table of Authorities allow you to quickly determine whether you are relying on a case with a hidden weakness.Table of Authorities is a KeyCite related service which includes KeyCite symbols.
31 Access the Table of Authorities service by clicking the Table of Authorities link on the Link for tab in the left frame.
33 KeyCite for StatutesKeyCite History indicates whether the statute is GOOD LAW.KeyCite Citing References lists cases, pending legislation, administrative materials, and secondary sources that discuss or cite the statute.Notes of Decisions (annotations) are the headnotes from cases that significantly interpreted or applied the statute.
34 KeyCite History for Statutes A red flag indicates that the statute has beenRecently amendedRepealedRuled unconstitutionalPreempted
35 KeyCite History for Statutes A yellow flag indicates that the statuteHas pending legislationHas been renumberedHas been transferredContains an editor’s amendment noteWas limited on constitutional or preemption grounds or its validity was otherwise called into doubtKeyCite History for Statutes
36 KeyCite History for Statutes includes Statutes: HistoryKeyCite History for Statutes includesUpdating documents (recently passed public laws) that have amended or repealed the statutePending legislation (bills) that may affect the statute (available for USCA and most state statutory codes)Credits, also called Text Amendments , that are public laws that have enacted, amended, or renumbered a statuteHistorical and Statutory Notes, also called Editor’s Notes, that describe the legislative changes that have affected the statute
37 KeyCite Citing References for Statutes KeyCite Citing References are legal documents that discuss or mention your statute.Citing references includePending legislationNotes of Decisions (annotations) in USCACases on Westlaw that do not appear in Notes of decisions (for example, unreported cases or cases too new to have headnotes)Administrative materialsSecondary sources, such as ALR articles, Am Jur 2d sections, law reviews, and treatises.
39 KeyCite AlertKeyCite 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, address, or wireless device.
40 Use KeyCite to ensure that you have solid foundations for your legal arguments. KeyCite is: Current Accurate Easy to Use Comprehensive
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