Can You Shepardize A Statute?

How do I Shepardize a statute on Westlaw?

Shepardize a Case: WestlawFind a case; go to the full text of case.Look in the left-hand area of the screen for KeyCite.Top of screen should have a brief note that states if the case is overruled, superseded, etc.Click tab for Negative Treatment (to see if still good law).More items…•.

What is KeyCite in Westlaw?

KeyCite on Thomson Reuters Westlaw. Page 1. KeyCite® is the industry’s most complete, accurate, and up-to-date citation service. Use it to instantly verify whether a case, statute, regulation, or administrative decision is still good law, or whether a patent or trademark is still valid.

KeyCite sits on top of the research pyramid. After you find a case that is authoritative for your issue, use KeyCite to see if it is good law. A KeyCite status flag (a red or yellow flag, a blue H , or a green C) indicates that information for the case is available in KeyCite.

What does a red flag on Westlaw mean?

When you pull up a statute in Westlaw, if you see a red or yellow flag, that means that there is negative treatment for that statute. A red flag indicates that the statute has been amended, repealed, superseded, or held unconstitutional in whole or in part.

What does it mean to Shepardize?

The verb Shepardizing refers to the process of consulting Shepard’s to see if a case has been overturned, reaffirmed, questioned, or cited by later cases.

Are headnotes citable?

LexisNexis Headnotes are direct quotes from the case and are citable authority. Other headnotes are not the court’s language and are not citable authority.

How do you Shepardize a document?

How do I “shepardize” a case when I know the citation?The most common method is to enter “shep:” in the search box, followed by your citation, then press ENTER or click the search button; or.Enter just the citation name in the search box, then click the Shepard’s Signal™ indicator next to the document name; or.More items…•

Why would you Shepardize a case?

Shepardizing a case helps determine the precedential value of a legal authority. … Shepardizing a case helps determine the precedential value of a legal authority. Most commonly associated with case law, Shepard’s citators are also published for the constitution and statutory law.

What does it mean to Shepardize a case on Westlaw?

The term Shepardize means the process of checking a case’s prior precedents. … The use of KeyCite on Westlaw is the equivalent to Shepardizing a citation using Shepard’s on Lexis. By using KeyCite, you can easily determine if your case is still “good law.”

What does a blue flag mean on Westlaw?

When reviewing a case in Westlaw Edge, you should look for a KeyCite flag at the top of the document. … A blue-striped flag warns that the case has been appealed to the U.S. Court of Appeals or the U.S. Supreme Court (excluding appeals originating from agencies).

What is cite checking for paralegals?

Cite checking involves reviewing and verifying the accuracy and completeness of all citations contained in a legal brief or memorandum. It typically has two elements: 1) verifying citations to the case law, statutes and other authorities contained in the memorandum; and 2) verifying citations to the record.

How do you use Shepard’s Citations?

Follow these steps:Step 1 -Select the Shepard’s citator that corresponds to the reporter for your case.Step 3 – Understand the abbreviations for all the treatment and history codes.Step 4 – Find your citation.Step 5 – Interpret the results.

What does a red stop sign mean in Lexisnexis?

case is not good lawRed Stop Sign: Warning – Negative treatment indicated. Note: A red Shepard’s signal does not always mean the case is not good law. It is to alert you that there is possible negative history or treatment and needs review.

What does Lexisnexis signal mean?

The signal is a summary of the annotation information available from the list of appeal proceedings and cases referring to this case. Clicking on these signals will take you to the citation entry for these decisions.

What is considered bad law?

Bad law, or a bad law, or bad laws may refer to: A law that is oppressive. … A proposition of law that is erroneous; an attempted statement of the law that is inaccurate; non-law.

What is considered good law?

Good law is the concept in jurisprudence that a legal decision is still valid or holds legal weight. A good law decision has not been overturned (during an appeal) or otherwise rendered obsolete (such as by a change in the underlying law).

When Shepardizing a red stop sign indicates?

An important thing to remember about the red “Stop Sign” signal you sometimes see when Shepardizing® a case on LEXIS is that it does not necessarily mean that the case is no longer good law.