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Legal Research: Locate More Relevant Binding Authority (Contract Issue) (Common Law)

This Guide will help law students navigate the legal research process.

Additional Resources for Navigating & Searching Within Case Law

Use the Headnotes & Key Numbers to Find Additional Cases With Similar Points of Law

Find More Relevant Cases with the Key Numbers: Scroll the Left-Side of the Screen

Let's use the Headnotes and Key Numbers from Aiea Lani Corp. to expand our research and locate additional cases with similar points of law that we might use in our client's argument.

Aiea Lani Corp. Landing Page

Let's use Aiea Lani Corp to consider the anatomy of the West Headnotes below.

Anatomy of the West Headnotes

Find more cases with the same point of law that you might use in your client's argument by clicking on the relevant key number and running a Custom Digest.

Headnote 7 in Aiea Lani Corp.

After you click on the bottom key number, select the appropriate jurisdiction for your issue.

Jurisdiction in Custom Digest

The jurisdiction defaults to state & federal, but depending on your issue, you might want to search one or the other, but not both.

Jurisdiction Selection in Custom Digest

Running a Custom Digest with the relevant topic and key number 95k309(1) from Headnote 7 in Aiea Lani Corp leads us, once again, to Warner v. Denis.  We would definitely note this in our research plan and look to read the case more critically later after we have finished researching.

Custom Digest Result for Aiea Lani Corp.

The Key Number System is proprietary to Westlaw, so creating a case digest in Lexis works a bit differently.  You are still identifying the relevant headnote(s), but then instead of searching with key numbers, you search with a smaller topic within a larger topical string to locate similar cases that you might use in your client's argument.

Case Digest in Lexis

This search yields over 3600 cases, so we have to filter or search within to create a manageable result list. Lexis' topical search is less exact than Westlaw's Key Number search, though not always and the discrepancies continue to shrink as the Lexis algorithm improves.

Case Digest Results

Other Ways to Execute a Key Number Search to Find Additional Cases With Similar Points of Law

Rather than searching the Key Numbers from a relevant starting case, you can also search for Key Numbers relevant to your issue directly from the West Key Number System.  To access, click on Key Numbers from the landing page.

Westlaw Landing Page for Key Numbers

You can browse or search with key terms to locate Key Numbers relevant to your issue.

Anatomy of West Key Number System

From the results page, select to view the Key Numbers either individually or grouped together.

Key Number Results

Selecting a Key Number brings you to the Custom Digest page that displays the relevant cases (and corresponding headnotes) about that specific point of law in the selected jurisdiction.

Custom Digest for 95k309(1)

You can search the Key Numbers in the Universal Search box, as well.

Searching Key Numbers Universal Search Box

Searching with the Key Numbers in this way confirms the relevance of the cases that our research strategy has already uncovered, and pulls some additional cases that our earlier research efforts did not.

Key Number Search in Universal Search Box - Case Results

Searching with the Key Numbers in this way also uncovers some previously seen, and yet-to-be-seen, secondary sources.

Key Number Search in Universal Search Box--Secondary Sources Results

Use the Citing References & Table of Authorities to Find Additional Cases With Similar Points of Law

Find More Relevant Cases with the Citing References and Table of Authorities: Scroll the Right-Side of the Screen

Let's use the Citing References from Aiea Lani Corp. to expand our research and locate additional cases with similar points of law that we might use in our client's argument.

Citing References for Aiea Lani Corp.

Consider using the Jurisdictional filter to limit the results to only binding authority.  Click on the + symbol to expand each jurisdiction.

Jurisdiction Filter

Consider using the Headnote Topic filter to limit the results to a specific point of law.

Headnote Topic Filter

Consider the Depth of Treatment filter to limit the results to only those case citators that discuss or examine (highest depth of treatment) the points of law from the cited reference.  Consider the Reported Status filter to limit the results to only reported (published) cases.

Depth of Treatment Filter

Expand your research with the discussed or examined cases that support the reasoning of the relevant cases from your research.

Table of Authorities

Lexis has all the sorting, filtering, and searching within features as Westlaw.  Remember to shepardize the case first to access its Appellate History, Citing Decisions, other Citing References, and Table of Authorities.

Citing References on Lexis