KeyCite - Feb/Mar '98

KeyCite

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West Group promotes KeyCite as a citation research service that "integrates all the case law on Westlaw and provides: direct and negative indirect history for any case within the scope of its coverage, citations to other decisions and secondary materials on Westlaw that have mentioned or discussed the cited case; and a complete integration with West's Key Number System so that you can track a legal issue explored in a case."

Although all the features of KeyCite are available through older versions of Westmate (West's software used to access Westlaw), the most recent release of the software, Westmate 6.3, provides a more graphical representation of KeyCite than the older versions, making it easier to use. During installation of the software, you are given an opportunity to run a demo of KeyCite or Tutorial of 6.3. In addition to the demo, the Westmate software provides concise information on using the software through the Help function on the menu bar. More information is available (including a very helpful FAQ sheet) at the KeyCite home page (www.westgroup.com/keycite/Welcome.html).

You can use KeyCite in several ways. First, use Find or the search function to pull up a case. If the case had any history, a blue H or red or yellow flag displays in the upper left corner on the window. The blue H warns that some history exists for the case. The red flag warns "that the case is no longer good law for at least one of the points it contains." The yellow flag warns "that the case has some negative history, but hasn't been reversed or overruled." Clicking on the flags takes you directly into KeyCite where you are presented with the full history of the case (the history of the case provides the same information as running an Insta-Cite on the citation). In addition to displaying the full history, you can also choose to display negative history or omit minor history.

Another option is to select to display citations to the case. The citations to the cases are divided by depth of treatment. Four stars indicates that the discussion of the case will generally exceed more than a printed page. Three stars indicate that the discussion is more than a paragraph but less than a page. Two stars indicate less than a paragraph of discussion. One star indicates just a cursory mention of the case. Additionally, non-cases or secondary sources such as law review articles are also cited. A quotation mark next to any of the citations indicates that the case being cited includes a quotation to the citing case. Double clicking on the quotation marks will take you directly to that particular direct quote in that opinion.

Once you display the citations to the case, you can then choose to limit citations. Clicking on the "Limit Citations" button presents you with a window divided into two parts. The right side of the window lists all the headnotes in the case. Each headnote includes a listing of the number of cases cited to that specific headnote. The left side of the window provides you with all the options you have for limiting citations. For example, if you limit the citations to the case by a specific headnote, KeyCite will only display citations to cases that discuss that headnote. You could also select to limit by "various other limits." Double clicking on any part of the case name will take you directly to the full text of the cited case.

In addition to the features mentioned above, KeyCite provides access to the Table of Authorities of a case and provides integration to the new West Key Number Service now on Westlaw. Using the Table of Authorities, you are able to display a listing of all the cases cited in your case. The listing includes the history flags (red or yellow) warning you if any of the cases cited in your case have negative history. It also includes the depth-of-treatment stars.

The new Key Number Service is actually a digest database that allows you to search on the key numbers assigned to head notes in a case. KeyCite provides access to this service by allowing you to click on a key number assigned to a headnote. You then have an opportunity to limit your search further and proceed.

Your search will give you all the cases that have the same key number assigned. For example, if you double-click on the key number 241k55(3) in a KeyCite display and don't add any other limitations, you would retrieve all the cases that contain that key number.

While KeyCite is an excellent new tool for legal researchers because it easily alerts them to negative history and provides the cite-checking functions of Insta-Cite and the currency of QuickCite, be aware that it does not provide the same historical citations to cases that you will get with Shepard's. At the time of this writing, KeyCite provides citations to cases for Federal cases beginning in 1754 and for some state cases beginning in 1879. Some states, however, only have citations to cases back to 1945. For example, using KeyCite to check 200 N.W. 94 retrieved no citations to the case. Using Shepard's to check the same cite retrieved eight citations. West has plans to add all citations to all state cases back to 1879. In the meantime, use Shepard's to retrieve citations to any state cases published before 1945.

At present, access to KeyCite is also available via the Internet (www.keycite. com) and through the most current release of Premise (version 3.7). West also plans to make it available with its next upgrade of WestCheck (version 3.0). Pricing for KeyCite varies depending on the type of contract (hourly or transactional) that the particular firm or law office has for Westlaw.

West has billed KeyCite as a tool that will change the way that law is practiced. While it may not go that far, it does provide attorneys with a very effective citator service that gives many of the benefits that many of us have always wished for in a citator.

West Group
www.westgroup.com/
keycite/Welcome.html
(800) 700-9378

KeyCite on the Internet is charged at $3.75 per KeyCite result or per your Westlaw subscription agreement. Document retrieval from a KeyCite result is charged at $8.00 per transaction or per your Westlaw subscription agreement.

Reviewed by Nina Platt, Librarian, Minnesota Office of the Attorney General, St. Paul, Minn.

Feb/Mar '98 Issue