- 1 What are Digest in law?
- 2 What authority is a digest?
- 3 How do you use a legal digest?
- 4 What is the difference between a digest and a reporter?
- 5 What is held in case digest?
- 6 What is a dictum in law?
- 7 Can secondary authority be mandatory?
- 8 What is a digest topic?
- 9 What are law digest used for?
- 10 What are secondary sources in law?
- 11 Are headnotes legal authority?
- 12 What is the difference between a key number and a headnote?
- 13 What are legal decisions made by judges in court cases called?
- 14 What is a digest law school?
- 15 What are the differences between primary and secondary authority?
What are Digest in law?
What is a digest? A digest is a subject index to case law. All legal issues in a case are assigned. headnotes which include a description of the legal issue, an alphabetical Topic and. numerical Key Number (subtopic) as part of the West classification scheme.
Digests. Technically, a Digest is NOT an authority (you cannot cite to a Digest); it is a case finding aid, but a really useful one. The Digest System (created by West Publishing) is a topic and key number system.
How do you use a legal digest?
Introduction to Case Digests
- Locate case law on particular areas of law.
- Browse the sub-topics included in a particular subject area by using the extensive Note and Topic Analysis (outline)
- Locate cases when all you have is a case name, by using the Table of Cases.
What is the difference between a digest and a reporter?
Reporters provide the published text of the reported decisions from specific courts. Digests are subject indexes with summaries of court cases. Citators identify subsequent references to previous court cases and are used to help determine if a case’s decision is still valid.
What is held in case digest?
There are only three important parts in a case digest: the FACTS, the ISSUE, and the RULING. Upon knowing the topic you are looking for, you must be able to pinpoint these three elements in what you are reading.
What is a dictum in law?
A remark, statement, or observation of a judge that is not a necessary part of the legal reasoning needed to reach the decision in a case. Although dictum may be cited in a legal argument, it is not binding as legal precedent, meaning that other courts are not required to accept it.
Although secondary authority may be persuasive, it is never mandatory.
What is a digest topic?
What is a Digest? Digests are the major means of accessing case law by topic. A digest is both a subject index and a topical outline of case law. With rare exceptions, court reports are issued in chronological order.
What are law digest used for?
An index to reported cases, providing brief statements of court holdings or facts of cases, which is arranged by subject and subdivided by jurisdiction and courts. As a legal term, digest is to be distinguished from abridgment.
What are secondary sources in law?
Secondary sources are materials that discuss, explain, analyze, and critique the law. They discuss the law, but are not the law itself. Secondary sources, such as Law Journals, Encyclopedias, and Treatises are a great place to start your legal research.
A headnote is a brief summary of a specific point of law decided in a case. Headnotes appear before the judicial opinion and are generally written by a publisher’s editors. Headnotes are a great research tool but are not considered legal authority and should never be cited to.
What is the difference between a key number and a headnote?
Headnotes and Key Numbers are editorial enhancements that you can use to find additional cases addressing similar issues. Headnote: A brief summary of a legal rule or significant facts in a case. Key Number: It is an indexing system devised for American case law, developed by West (now Thomson Reuters).
What are legal decisions made by judges in court cases called?
These past decisions are called ” case law”, or precedent. Stare decisis—a Latin phrase meaning “let the decision stand”—is the principle by which judges are bound to such past decisions.
What is a digest law school?
A digest is essentially an index to case law; it takes the headnotes that summarize the points of law discussed in each case and organizes them by subject. Determine the jurisdiction for which you need to find cases, then consult a digest that covers that jurisdiction.
When we refer to ‘authority’ or ‘primary authority’, we mean “the law.” The law being a constitutional or statutory provision, an administrative regulation or a court opinion. ‘ Secondary authority’ refers to material that is NOT the law, but that which leads you to the law or helps to explain the law.