How To Use KeyCite

Why KeyCite?

• You never want to find yourself arguing passionately before a judge only to have her admonish you that you’re relying on cases that have already been overruled!

• To make sure this never happens to you, KeyCite every case that you cite in your memos and briefs.  You can also KeyCite your opponent’s cases.  If you catch them citing bad law, you may have just won your case.

• KeyCite’s can be used to find out how all the ways that other cases have dealt with your case or statute.  KeyCiting your case will show you:

• Cases that followed the rule of law set out in your case.
• Cases that are distinguishable on the facts from your case.
• Cases that criticize your case.
• Cases that reverse your case or overturn a point of law from your case.
  

There are two ways to retrieve the KeyCite references for your case. 

One way to retrieve KeyCite references is to click on the “KeyCite” tab.  Type the citation for the case that you want to KeyCite in the text box.  Click on “Go."

The next screen after you have clicked “Go” will show you the “Full History” of your case.  This means that every case that has ever cited to this case is listed.  Click on “Citing References.” 

At the top, the “Negative Citing References” are listed (which allow you to check whether your case is still good law). 

After the “Negative Citing References,” you will see the “Positive Citing References” below that. 

At the top you will see a KeyCite status signal:

• A red flag warns that the case or administrative decision is no longer good law for at least one of the points of law it contains.
• A yellow flag warns that the case or administrative decision has some negative treatment, but has not been reversed or overruled.
• A blue H indicates that there is direct history but it is not known to be negative.
• A green C indicates that the case/administrative decision has citing references but no direct history or negative citing references.
• Depth of treatment stars indicate how extensively a cited case or administrative decision has been discussed by the citing case.
• Quotation marks indicate that the citing case or administrative decision directly quotes the cited case.

Negative treatment may or may not mean that you cannot use the case.

• The classifications are made by humans (who sometimes make mistakes).  You should read the case for yourself just to make sure.
  

• Just because a case has a red flag, doesn't mean that the particular point of law for which you are using the case has been reversed. The court may have overruled your case on a completely different point of law, but affirmed or agreed with the point of law that you are concerned about. 
  

• If the court hasn't overturned your point of law, you can still use the case.

To determine whether the case dealt with a particular point of law that you are concerned about, click on the hyperlinked number next to the case name.

Finally, read the case in it's entirety to determine whether your particular point of law has been overturned. 

Westlaw will take you directly to the part of the opinion that references your case, highlighted in yellow. 

You can read that section of the opinion to determine how it affects your case.

Another way to retrieve KeyCite references is to click on the icon (either a red/yellow flag, an "H," or a "C.") of a case you have already pulled up.  If you see a yellow or red flag, clicking on the icon will take you to a page with negative citing references (picture below).  “H” or “C” means there are no negative citing references.

To determine whether a case dealt with the particular point of law that you are concerned about, click on the hyperlinked number next to the case name.

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Finally, read the case in it's entirety to determine whether your particular point of law has been overturned. 

Westlaw will take you directly to the part of the opinion that references your case, highlighted in yellow. 

You can read that section of the opinion to determine how it affects your case.

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