Question: How Do You Shepardize Cases?

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…•.

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 is a bad law?

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

How do you confirm that your authority case law legislation is still a good law and can be applied in your legal research?

Confirm that your authority is still good law. Use Westlaw Case Analysis, Lexis Case Search or a print citator to check that your cases are still good law and provide the most current, direct authority available for your set of facts.

What is Shepard’s law?

Primary tabs. In the legal field, Shepard’s is a highly regarded citational index. It allows researchers to track particular judicial decisions, statutes, and other legal resources as they are invoked at different historical moments for a range of purposes.

What does it mean to Shepardize a case?

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. …

Can you Shepardize a statute?

For example, to Shepardize a state statute, use a state citator, because only state citators include state statutes as cited references.

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 A red flag indicates that the statute has been amended, repealed, superseded, or held unconstitutional in whole or in part.

How do you KeyCite a case?

To use KeyCite:Find a case; go to the full text of case.Top of screen should have a brief note that states if the case is overruled, superseded, etc.KeyCite information is under the tabs Negative Treatment, History, and Citing References.Click tab for Negative Treatment to see if still good law.More items…•

What does KeyCite mean?

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.

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).

Which is an online source that may be used to determine if a case is still good law?

A Citator is a tool which allows you to track the history of your case and the treatment of your case by subsequent courts. Citators allow you to determine if your case is still good law and it acts as a research tool allowing you find other cases (and other secondary materials) which cited your case.

What does it mean when a case is superseded by statute?

A recently enacted statute that repeals an older law is said to supersede the prior legislation. A superseding cause is an act of a third person or some intervening force that prevents a tortfeasor from being held liable for harm to another.

How do you Shepardize a case in Westlaw?

To “shepardize” in Westlaw:On the Westlaw homepage, search for your case and click on the case report..There will be tabs across the top. The two tabs that relate to Shepardizing are Negative Treatment and Citing References.

What is appellate history?

Prior History—the direct treatment of your case from the trial court to the present case. • Subsequent Appellate History—the direct treatment of your case from the present case moving forward through the appellate process. • Citing Decisions—the indirect treatment of your case through analysis by other cases.

What is negative treatment?

Negative Treatment The case has negative history (judicial review allowed, reconsideration allowed, reversed, quashed, or varied by a higher court) or negative treatments (not followed or questioned by a. subsequent court). Cautionary Treatment. The case has been distinguished by a subsequent court.