KEYCITE

1. KEYCITE ® Thomson Reuters Westlaw Instructional Aid Series

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. 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. 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. INTRODUCTION TO KEYCITE Count on KeyCite for: Accuracy All information added to KeyCite undergoes rigorous analysis by 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 or WestlawNext. 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. KEYCITE IS COMPREHENSIVE KeyCite information is available for: All federal and state cases reported in the 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. CONTENTS Introduction KeyCite for Cases KeyCite for Statutes Limiting Citing References Table of Authorities Graphical KeyCite for Cases & Statutes KeyCite Alert Conclusion 7

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. 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. KEYCITE SYMBOLS FOR CASES 9

10. ACCESSING KEYCITE ON WESTLAW 10

11. ACCESSING KEYCITE ON WESTLAWNEXT 11

12. 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. 12

13. 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 13

14. ACCESSING KEYCITE CITING REFERENCES On Westlaw, you can access Citing References on the Links for tab in the left frame 14

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16. ACCESSING KEYCITE CITING REFERENCES On WestlawNext, you can access Citing References from the Citing References tab 16

17. 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. 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 on Westlaw. On WestlawNext, the number(s) appear in boxes under the Headnotes heading. Depth of Treatment symbols help you determine how extensively your case is discussed in a citing case or administrative document. Westlaw uses stars. WestlawNext uses bars. 17

18. DEPTH OF TREATMENT 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. 18

19. CITING REFERENCES SYMBOLS ON WESTLAW 19 This case discusses the points of law contained in headnotes 1, 26 & 28 of Phillips v. County of Allegheny .

20. CITING REFERENCES SYMBOLS ON WESTLAWNEXT 20 This case discusses the points of law contained in headnotes 1, 26 & 28 of Phillips v. County of Allegheny .

21. CONTENTS Introduction KeyCite for Cases KeyCite for Statutes Limiting Citing References Table of Authorities Graphical KeyCite for Cases & Statutes KeyCite Alert Conclusion 21

22. 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 22

23. KEYCITE FOR STATUTES ON WESTLAW 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. 23

24. KEYCITE FOR STATUTES ON WESTLAWNEXT History Tab: Indicates whether the statute is still GOOD LAW. Citing References Tab: 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. 24

25. 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 25

26. 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. 26

27. STATUTES: KEYCITE FULL HISTORY ON WESTLAW Categories in Full History on Westlaw 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 27

28. STATUTES: KEYCITE FULL HISTORY ON WESTLAW 28

29. STATUTES: KEYCITE FULL HISTORY ON WESTLAWNEXT Categories within History on WestlawNext include: Graphical Statute: graphical statute map Validity: cases, session laws and public laws, and proposed legislations that may negatively impact the statute Reports and Related Materials: legislative reports and documents relating to proposed legislation. Versions: read the text of the statute section as it appeared on a particular effective date. Editor’s and Revisor’s Notes: legislative changes affecting a statute section as detailed by attorney editors or state revisor’s offices Bill Drafts: drafts of former bills introduced before a statute section was enacted into law Legislative History Materials: legislative history materials relevant to a statute including committee reports, floor testimony and executive messages 29

30. STATUTES: KEYCITE FULL HISTORY ON WESTLAWNEXT 30

31. 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. On WestlawNext, these are located on a separate Notes of Decisions tab. Citations for the Statute: cases that have cited to the statute Administrative Materials: agency documents that have cited to the statute 31

32. 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 that include your statute 32

33. CONTENTS Introduction KeyCite for Cases KeyCite for Statutes Limiting Citing References Table of Authorities Graphical KeyCite for Cases & Statutes KeyCite Alert Conclusion 33

34. LIMITING CITING REFERENCES ON WESTLAW You can limit the list of citing references by specific criteria. 34

35. LIMITING CITING REFERENCES ON WESTLAW 35

36. LIMITING CITING REFERENCES BY LOCATE TERMS ON WESTLAW 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. 36

37. LIMITING CITING REFERENCES ON WESTLAWNEXT You can similarly limit the list of citing references by specific criteria on WestlawNext. 37

38. LIMITING CITING REFERENCES ON WESTLAWNEXT Once you have selected a document type on the left-hand pane, filters for that document type appear that are similar to those available on Westlaw. 38

39. KEYCITE CITING REFERENCES FOR THIS HEADNOTE ON WESTLAW 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. 39

40. 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: 40

41. STEPS FOR KEYCITE CITING REFERENCES FOR THIS HEADNOTE 41

42. STEPS FOR KEYCITE CITING REFERENCES FOR THIS HEADNOTE The citing references for that headnote are now displayed in the right frame. 42

43. CASES THAT CITE THIS HEADNOTE ON WESTLAWNEXT Similar to Keycite Citing References for this headnote on Westlaw, you can view the cases that cite to a particular headnote on WestlawNext. 43

44. CONTENTS Introduction KeyCite for Cases KeyCite for Statutes Limiting Citing References Table of Authorities Graphical KeyCite for Cases & Statutes KeyCite Alert Conclusion 44

45. 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. The Table of Authorities feature is not yet available on WestlawNext. 45

46. ACCESSING THE TABLE OF AUTHORITIES 46

47. TABLE OF AUTHORITIES DISPLAY 47

48. CONTENTS 48

49. 49 GRAPHICAL KEYCITE ON WESTLAW – CASES & STATUTES

50. 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. 50 GRAPHICAL KEYCITE ON WESTLAW – CASES

51. 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 51 GRAPHICAL KEYCITE ON WESTLAW – CASES (CONT.)

52. 52 GRAPHICAL KEYCITE ON WESTLAWNEXT – CASES & STATUTES

53. GRAPHICAL KEYCITE ON WESTLAW – STATUTES Graphical Statutes provides: Prior versions Proposed and enacted legislation Cases that negatively impact the statute Legislative history 53

54. GRAPHICAL KEYCITE ON WESTLAW – STATUTES (CONT.) 54

55. GRAPHICAL KEYCITE ON WESTLAWNEXT – STATUTES The History tab on WestlawNext contains very similar features to those on Westlaw including a graphical map and link to prior versions. 55

56. CONTENTS Introduction KeyCite for Cases KeyCite for Statutes Limiting Citing References Table of Authorities Graphical KeyCite for Cases & Statutes KeyCite Alert Conclusion 56

57. 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. 57

58. 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. 58

59. MONITOR WITH KEYCITE ALERT ON WESTLAWNEXT To access the same feature on WestlawNext, click the Create Keycite Alert Entry icon in the upper right. 59

60. 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. 60

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64. 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 Reference Attorneys: 1-800-REF-ATTY (733-2889) Available 24 hours a day, seven days a week 64