Question: What Does Distinguished By Mean In Lexis?

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 the yellow triangle mean in Lexis?

Yellow Triangle: Caution – Possible negative treatment indicated. Green Diamond: Positive treatment indicated. Blue Circle with A: Cited and neutral analysis indicated.

What does it mean to Shepardize in Lexis Nexis?

The most common use for the Shepard’s® Citations Service is determining if a case is “Good Law”, valid and citable. This process is referred to as Shepardizing™. Law students, faculty and legal professionals use Shepard’s for much more than validation checks.

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 is a Shepard’s Signal?

The Shepard’s Signal™ Indicators. The Shepard’s Signal™ indicators are integrated into case law documents and provide an immediate indication of the subsequent history and treatment of a particular case.

What is a Lexisnexis signal?

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 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).

How do you Shepardize a case in 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left-hand area of the screen for KeyCite.Top of screen should have a brief note that states if the case is overruled, superseded, etc.Click tab for Negative Treatment (to see if still good law).More items…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 does Shepardize mean?

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.

How do you find the procedural history of a case?

Procedural History: Briefly describe the history of the case by stating the state in which the case originated, the appellate court to which the appeal was sent, any subsequent appellate courts, and end with the court from which the opinion in the text is taken.

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 on Lexis Advance?

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 distinguished by mean on Westlaw?

Abrogated: The rule of law in the cited case is no longer good law, but the court does not expressly use the term “overruled”. • Distinguished: There is a difference in facts, procedural posture, or law between the two cases that compels the citing court to reach a different result than the cited case.

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 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.

Why is it important to Shepardize a case?

Shepardizing is important because it helps you check the status of a case or statute to ensure that it is still good law. It also helps to locate other cases, statutes, and legal resources that cite your case on a similar legal issue.

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.

Can you quote a headnote?

You wouldn’t cite the Headnote. Instead, follow the Headnote link which will take you to the part of the opinion that discusses that issue. It’s the opinion/court case you will cite.

What is considered 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.

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.”