HOW TO LOCATE CASES (LAW REPORTS) WITH DIGESTS
PART 1. WHAT IS MY JURISDICTION?
Ask yourself: The case I am seeking was handed down by a court in what jurisdiction? A state
court? A federal court? A special court such as the military or bankruptcy courts? Or, possibly you
don't know.
STATE COURT: Use digest for that state; e.g., the Indiana Digest. Or, to
search a group of states by region, use
the Regional Digests (Atlantic, Northwestern, Pacific, or Southeastern. There are no digests for
the Northeastern,
Southern, or Southwestern regions.)
U.S. SUPREME COURT: Use either the U.S. Supreme Court Digest
(West Pub. Co.) or the Digest of United
States Supreme Court Reports (Lawyers' Coop. Pub. Co.).
FEDERAL COURT REPORTS (including the U.S. Supreme Court): Use the federal digest that covers the date of your case (if known).
- Federal Digest, all federal cases through 1938.
- Modern Federal Practice Digest, 1939-1960.
- West's Federal Practice Digest, 2d, 1961-Nov. 1975.
- West's Federal Practice Digest, 3d, Dec. 1975 to point where coverage begins in
West's Federal Practice Digest, 4th.
- West's Federal Practice Digest, 4th, Dec. 1975 to date.
SPECIAL DIGESTS: There are special digests for certain areas. The following is a partial listing. Our library
may not have all of these sets.
- West's Bankruptcy Digest
- West's Military Justice Digest
- U.S. Claims Court Digest (formerly U.S. Court of Claims Digest)
- West's Education Law Digest
- U.S. Merit System Protection Board Digest
- West's Federal Case News (a current awareness service)
SEARCHING ALL FIFTY STATES AND FEDERAL CASES; OR SEARCHING
FOR A CASE WHEN YOU DO NOT KNOW THE
JURISDICTION: Use the American Digest System; i.e., Century Digest, 1658-1896; First Decennial Digest
and following, 1897 onwards; and General Digest for very latest cases. All these sets are shelved
together in the library. Because researchers usually seek the most recent cases, you might
proceed in reverse chronological order through these multiple sets of digests.
PART 2. HOW TO GET INTO THE DIGESTS
Now, ask yourself, must I search by subject (e.g., ABORTION or EMINENT
DOMAIN), or by name of case
(e.g., Hanratty v. Imperial Bedding Co.), or by popular name (The "Sick Chicken" case). Possibly, the definition
of a particular word or phrase is germane to my research.
TO SEARCH BY SUBJECT OR TOPIC: Go to the Descriptive
Word Index (DWI) volume(s), usually at the
end of the digest set. Look under index words that are likely to have relevance to your problem.
The appropriate
index words will refer you to the section(s) of the digest set (in West digests, these are "key
words & key
numbers") where relevant cases are listed. Remember, the DWI volumes have
pocket part supplements (at the back
of the volume) just like the main volumes of the set.
Go to the appropriate sections (key words & key numbers in West digests) where you
will find a "digest" (short
blurb, short paragraph) for each case listed. Note that the name of the case and its citation
(location) are provided
at the end of each paragraph ("digest"). Once the relevant West key word & number are
known, you can skip the DWI and go directly to the main volumes of any West digest to find identical or similar cases. Don't forget the
pocket part supplements of these digest volumes where the latest cases are listed.
TO SEARCH BY NAME OF CASE: Find the Table of
Cases volume(s), again usually at the end of the digest
set. These tables are arranged alphabetically, A to Z, by name of case. For Hanratty v. Imperial Bedding Co., look
alphabetically under "H" till you find the case name. Not only will you find
the case name and citation (location),
but also the subject words (key words & numbers in West digests) where this and similar
cases are digested in the
main volumes of the digest. Now you know where to find the text of the Hanratty case; but you also know that you
can look in the main volumes of the digest, under the subject words given, to find additional
cases that are similar
to the Hanratty case. In case you have only the name of the defendant (Imperial
Bedding Co.) but not that of the
plaintiff (Hanratty), go to the Defendant-Plaintiff
Tables volume(s), again near the end of the digest set, and
search alphabetically under the letter "I" till you find Imperial
Bedding Co. The full name of the case is given and
you can now look under the plaintiff's name in the Table of Cases.
TO SEARCH BY POPULAR NAME: Find the Popular Name
Table volume(s), again usually at the end of the
digest set. Cases are listed alphabetically by popular name; thus, you would look under the letter "S" for the "Sick
Chicken" Case. Assuming the case is listed, you will find the official name of
the case, as well as the citation
(location) of this case. To find additional cases, go now to the Table of Cases to ascertain key words and numbers
under which our case was indexed ("digested").
TO SEARCH BY "WORDS AND PHRASES": If the definition of a
particular word or phrase is important to
your research, find the Words and Phrases volume(s), again usually at the end
of the set. Look alphabetically
under the particular word or phrase. Any cases that have defined that word or phrase will be
given at that point.
TO SEARCH BY TOPICAL OUTLINE: Every topic chapter in the main
digest volumes starts with an outline.
If all else fails, OR if you are very familiar with a particular subject area, you could turn to the
likeliest topic
chapters in the digest and search through these topical outlines.