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Legal Encyclopedia/Treatise Approach | Annotated Code Approach | Digest Approach | Case Law Reporters

 

Use this as a guide to researching California law using any of these three tools: 

• Legal encyclopedias/treatises;
• Annotated codes; or
• Case digests.

Each of the above approaches can lead you to relevant California case law. The approach you choose will depend on the amount of information that you have at the beginning of your research. For example, do you just have a citation for a statute or a West Topic and Key Number? Or are you just starting with a legal topic without any citations? This guide will tell you which approach to choose based on the information that you have at the start of your research project.

While you’re reviewing this guide, you will probably find it helpful to have ready access to the books and databases that we discuss.

NOTE: Once you have found cases, you can either look them up in print or on Westlaw or Lexis. The library has complete sets of the official and unofficial California case reporters, and you can find a chart at the end of this guide that furnishes location information for all of these reporter sets. 

You can find information on finding cases on Westlaw here: http://west.thomson.com/westlaw/guides/lawschool.aspx

Lexis tutorials on case law research can be viewed here: http://www.lexisnexis.com/lawschool/learning/reference/

What is a legal encyclopedia?

A legal encyclopedia provides researchers with a fairly broad overview of a legal subject. Legal encyclopedias are very similar to the general encyclopedias that you encountered when you were younger, such as Encyclopedia Brittanica. They are arranged alphabetically by legal topic, and each legal topic is discussed in a section that includes citations to related legal materials on your topic. 

California’s legal encyclopedia is called California Jurisprudence, 3d (abbreviated "Cal Jur 3d"), and it’s published by the West Group. There are over 70 volumes in the set, and it’s arranged alphabetically by legal topic. To help you find relevant sections, Cal Jur 3d has a subject index, a table of cases, and a table of statutes. The volumes are updated with both supplemental paperback volumes (usually shelved to the immediate right of the volume that they supplement) and pocket parts (located inside the back of each volume). You can find Cal Jur 3d in Heafey’s California Collection on the library’s first floor (Call Number = KFC80 C29).

How do I use California Jurisprudence 3d?

• First, brainstorm some useful search terms for your topic. For example, if you know that you need to find cases and statutes about the creation of easements in California, you probably want to start your search with the term "easement."  
• Find the subject index (called the "General Index") and look for your topic. The General Index is a multi-volume paperback set, which you can find at the end of Cal Jur 3d’s bound volumes. Entries are in bold, capital letters. If you’re unable to find an entry for your term, try to look up synonyms for that term. Sometimes, the index will help you by directing you to a different entry with a "See" reference. For example, if you try to look up the term "Civil Procedure Rules," you’ll find this reference in the index:

• Locate your article and section in Cal Jur 3d. Sometimes, the article titles are abbreviated in the subject index, so you might need to check the Table of Abbreviations at the front of each index volume to decipher an abbreviation. Once you’ve identified the article title, look on the spine of the Cal Jur 3d volumes and find the volume that will contain your article. Turn to the article and find the section number referenced in the subject index, and be sure to check the pocket part or paperback supplement for your volume to determine if your section has been updated recently!   You’ll find the following information in the section’s text:
  • References to relevant case law;
  • References to California statutes and regulations;
  • West Topic and Key Number references (discussed in more detail below under "The Digest Approach");
  • Other references to practice guides, American Law Reports (ALR) annotations, and other sources.

What if I want to find useful Cal. Jur. 3d articles online?

Westlaw’s California Jurisprudence database (CAJUR) contains the full text of Cal Jur 3d. You can review the table of contents for every Cal Jur 3d article, by clicking on the "Table of Contents" link at the top right of the CAJUR search screen. If you need help, just ask a librarian at the reference desk.

What is a treatise?

Treatises are books that analyze and explain particular areas of the law. Treatises can consist of a single volume, but some treatises have multiple volumes. They’re useful as a starting point for legal research because they contain an in-depth explanation of a legal topic as well as numerous citations to case law, statutes, law review articles, and other relevant sources. Generally, treatises contain more detailed discussions of legal topics than legal encyclopedias. 

Witkin Treatises

 

For more information on Witkin Treatises check out the research guide, How to Use Witkin Treatises.

Bernard Witkin’s original one-volume treatise on California law has grown into a 32-volume set, consisting of these four titles:

• Summary of California Law (10th edition): Arranged by major legal topics, such as torts, real property, constitutional law, corporations, and trusts. (Call Number = KFC80 W5)
• California Procedure (4th edition): Arranged to reflect the progress of a civil lawsuit, the first volumes discuss jurisdiction and other preliminary pre-trial matters, and later volumes discuss topics such as trials, judgments, and appeals. You’ll also find information about the practice of law, including topics such as attorney ethics, discipline, and the attorney-client relationship. (Call Number = KFC995 W53)
• California Evidence (4th edition): Covers both civil and criminal evidence topics, including discovery, hearsay, burden of proof, and scientific evidence. (Call Number = KFC1030 W5)
• California Criminal Law (3d edition): Covers substantive crimes, defenses, and criminal procedure topics, such as arrests and pretrial proceedings. (Call Number = KFC1100 W57)

You can find all four Witkin sets in Heafey’s California Collection on the library’s first floor. You won’t find all four sets on the same shelf, so be sure to check the call number for each set or ask a librarian for assistance in locating the set you need.

How do I use Witkin treatises?

Find the subject index and look for your terms. There is a combined subject index that covers all of the contents of the four titles listed above. This combined index is a paperback volume found at the end of Witkin’s Summary of California Law. 

When you find a promising entry, you’ll see references to the volume, Witkin title, chapter, and section number that you need. For example, an entry might appear like this:

To find this item, you would look for Volume 3 of Witkin’s Criminal Law, then find Section 445 in the chapter called "Punishment" within that volume. As with Cal Jur 3d, be sure to check the paperback supplement or pocket part for your volume to find out if your section has been updated since that volume was published!

What if I want to use Witkin’s sets online?

WITKIN: All four sets in one database.

WITKIN: All four sets in one file

What are some other secondary resources that I might use to research my topic?

You can also use California Forms of Pleading and Practice (Call Number = KFC1010.A65C3).

This 56-volume set, published by Matthew Bender & Co., is both a treatise and a practice guide. It functions as a treatise because it provides thorough discussions of all California civil practice areas, including torts, business and commercial matters, real estate, public administrative law, and family law. Additionally, the set serves as a practice guide by providing forms and sample documents that attorneys can use to prepare documents for their clients. 

How do I use California Forms of Pleading and Practice?

You’ll find the two-volume subject index at the end of the set. Locate your topic search terms in the index, noting "see" references and heading subdivisions. When you find a relevant heading, note that it will list either chapter and page or chapter and section references. Chapters contain a synopsis, a scope note, legal background information, a research guide, and forms. You’ll see citations to legal authority on that topic in the legal background and the research guide sections.

You can also find California Forms of Pleading and Practice on LexisNexis. The name of the LexisNexis file is CAFPAP. 

What are annotated codes?

Annotated codes are state or federal compilations of statutes. In addition to the actual text of the statute, you’ll find summaries of judicial decisions, regulations, and attorney general opinions relating to that statute. You will also find citations to secondary sources that discuss your statute, including law review articles and practice guides. Two private companies publish the two sets of annotated codes available in Heafey’s California Collection:

• West’s Annotated California Codes (published by West) (Call Number = KFC30.5 W4)
• Deering’s California Codes, Annotated (published by Lexis) (Call Number = KFC30.5 D4) 

Both sets follow the same topical arrangement of 27 titles subdivided by section. For example, you might find a citation that looks like this:

You would look for this section in a West’s or Deering’s volume with the words "Evidence Code" on the spine. Both of these sets are updated by paperback supplements or pocket parts, so be sure to check for updates!

How do I find relevant statutes about my topic?

First, brainstorm some likely search terms for your topic. Next, go to the subject index for the set that you’re using. The subject index for Deering’s is a one-volume softbound book called the General Index. The subject index for West’s is also called the General Index, but it has five volumes. You can find each set’s General Index at the end of the hardcover code volumes.

You can use a third index, LARMAC Consolidated Index to the Constitution and Laws of California, (KFC40 L37) with either Deering’s or West’s annotated codes. LARMAC also lists statutorily defined terms under the heading "definitions" with references to the sections that contain a definition for each term.

Locate your topic in the subject index and review the topic and its subdivisions, noting relevant code sections. The subject index may also steer you towards court rules or to sections of the California Constitution. If you need some help deciphering the abbreviations used in the index, there is an abbreviations key at the front of the subject index volume. For example, an entry might appear like this:

 

CC § 1954.50

  

If you check the abbreviations key at the front of the volume, you’ll find that the "CC" in the above citation stands for "Civil Code." 

Now that I’ve found a relevant code section, how do I find case law about that statute?

In West’s annotated code sets, the text of the statute will come first, then directly underneath the statute’s text, you will usually find sections entitled "Historical and Statutory Notes," "Cross References," "Law Review and Journal Commentaries," "Library References," and "Notes of Decisions." Not every statute has all of these sections because some statutes may not have ever been discussed in cases or law review articles. 

The "Historical and Statutory Notes" section is useful if you’re researching the legislative history of a particular statute. The "Cross References" section is worth reviewing because it will list related statutes and regulations that address similar topics. The "Law Review and Journal Commentaries" section will furnish you with citations to law review articles that discuss your statute. "Library References" will usually list West Topics and Key Numbers that relate to your topic. Finally, the "Notes of Decisions" section will contain summaries of cases that discuss your statute as well as citations to those cases. Be sure to check the pocket part for the latest updates to the statute’s text and these sections! 

What if I want to find statutes online?

Both Lexis and Westlaw have made annotated code sets available online:

How can I be sure that my statute hasn’t been modified by the Legislature since the pocket part was published? Shouldn’t I check my statute’s currency electronically?

Most California legislation goes into effect on the January first that follows the 90-day period from the date of the statute’s enactment. However, not every bill adheres to this schedule. For example, legislation that includes tax levies or appropriations for state expenses or urgency measures will go into effect immediately. 

That’s why it’s important to check your statute’s currency using Westlaw’s KeyCite feature or Lexis’s Shepard’s service. Both services will give you up-to-date information about the currency of your statute, and they will also list any cases that cite to your statute.

Lexis:  To shepardize a statute on Lexis, sign on to Lexis and choose the Shepard’s tab. Enter your citation, then click "Check." When your results appear, review the history of the statute to determine if any recently-enacted legislation has modified your statute. Review the "Citing Decisions" to find cases that have discussed your statute. 

Westlaw:  To review a statute’s currency on Westlaw, sign on to Westlaw, then choose "KeyCite" from the menu at the top of the screen. Enter your citation, then click "Go." Review the "History" section of your KeyCite results to determine whether there is any recently-enacted legislation that will change your statute’s language. You can also review the "Proposed Legislation" section on KeyCite to ascertain whether there are any pending bills that propose to modify your statute. Review the "Citing References" section to find cases that have discussed your statute.

 

The Digest Approach

It’s usually most efficient to use this approach when you have located a West Topic and Key Number that relates to your legal topic OR when you’ve found an important case about your topic. However, you can also use this approach if you’re just starting with a legal concept.

A digest is a large compilation of case law summaries, which are initially categorized into fairly broad topics, then subcategorized again into much more specific topics. Digests are NOT cumulative – they only cover specific periods of time. For example, West’s California Digest covers cases decided between 1850 and 1950. West’s California Digest 2d covers cases published from 1950 to present.

West’s California Digest and West’s California Digest 2d (KFC57 W41) cover both reported California state cases and federal cases decided within California from 1850 to present. 

The West Topic and Key Number system is a classification system that West developed to organize case law. West’s digest volumes are arranged in alphabetical order by broad topics, like "Constitutional Law" and "Contracts." Each topic is further broken down into smaller subtopics, each of which is assigned a key number. It helps to think of each key number as representing a very specific and discrete legal concept within a broader legal topic.

When you’re using the print digests, topics are listed in bold capital letters. Key numbers are preceded by a key symbol. The topics are listed in alphabetical order on the spines of the digest volumes. When you find the volume that you need, open it and look for your topic and key number at the top corners of the volume’s pages. Once you’ve found the right pages, make sure you’ve found the beginning of the key number by looking for the key symbol and your number within the volume’s text, which signals the beginning of the case summaries for that particular key number.

Westlaw assigns numbers to topics online, so you will need to use a number instead of a topic name in your Westlaw search queries. Additionally, the key symbol is replaced with the letter "k." Here’s an example of what a West Topic and Key Number would look like on Westlaw:

 

92k90(3)

In this example, "92" is the number assigned to the topic, "Constitutional Law." The "k" stands for the key symbol. Finally the actual key number is 90(3). 

NOTE: Because West is the creator of the West key number system, it is not used on Lexis. 

What if I don’t have a topic and key number when I begin using the digests?

You can use the descriptive word index at the end of the digest volumes to find some topics and key numbers relevant to your topic. Think of some relevant search terms, then look them up in the index to determine which topics and key numbers West has assigned to that particular concept.

What if I just know the name of an important case about my research topic?

You can look up your case in the "Table of Cases" at the end of the West digest volumes to find out which topics and key numbers are associated with your case. To find additional cases, simply review each assigned topic and key number listed under your case.

Yes. Because the online version is updated much more frequently than the print digests, we recommend checking your West Topic and Key Number online to be sure that you’ve found the most recent cases that have been assigned to that number.

Follow these steps to browse the West Topic and Key Number system online and find California cases assigned to particular numbers:

• Sign on to Westlaw, then click "Site Map" at the top of the Westlaw home page.
• Next, click on the link for "Key Number Digest (Custom Digest)."
• You’ll see a listing of all of the West topics along with the numbers that have been assigned to them. Click on the "+" sign next to a promising topic to view all of the key numbers for that topic. 
• When you find the topic and key number that you need, enter it into the search box at the bottom right of the screen labeled "Search Using a Specific Topic & Key Number."  
• Remember that you’ll need to use the number assigned to your topic in this search box. For example, if you were looking for cases about the admissibility of bribery evidence, you can see when you browse the listing of topics that the topic "Bribery" has been assigned a number in Westlaw:  63. 
• If you click on the "+" sign next to "Bribery," you’ll see that there is a key number for admissibility of bribery evidence, shown as "k10."   Therefore, to search for cases assigned to this topic and key number, you would enter the following in the "Search Using a Specific Topic & Key Number" box:

 

63k10

• At the next search screen, you can choose the jurisdiction that you need. For example, if you wanted to find California cases that have been assigned to this topic and key number, you would choose California from the "State" pull-down menu, then click "Search" at the bottom of the page.

Can I browse the West Topic and Key Number system in print?

Yes. West’s Analysis of American Law (KFC57 W41) is a soft-bound volume that is located at the end of all digest volumes. You can review a broad topic until you find the most relevant key numbers for your research problem. 

Does the West Topic and Key Number system change over time?

Yes. As the law evolves, West adds and deletes topics and key numbers. If you’re trying to use a West Topic and Key Number that you found in an older case for research, you may have trouble finding it, particularly if you’re using the print digests. The best way to update an old topic and key number is to use Westlaw:

• Choose a database that will contain the older case in which you found the topic and key number. For example, if you found a useful topic and key number in an older California Supreme Court case, use the "CA-CS" database. In the "Terms and Connectors" search screen, enter the old topic and key number in quotations in the Westlaw topic and key number format explained above.
• You’ll pull up a list of cases that contain this old topic and key number. Click on a case, then use the "term" arrow at the bottom of the screen to move to the case headnote containing the old topic and key number. You’ll see a notation like this:

 

22k2

(Formerly 24k3)

California Case Law Reporters