Question: What Is KeyCite?

What does KeyCite mean?

What are KeyCite status flags — and what do they mean.

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)..

Why is it important to Shepardize a case?

A citator indicates which legal materials have cited the case (or other legal material) you are interested in. Shepardizing cases (as well as statutes and other legal authorities) is important because a citation must be reliable. … If the case cited is no longer good law, reliance on the case is faulty.

How do you cite a headnote?

One important note: the headnotes and summary are NOT written by the court; they are written by West editors. Therefore, you should never cite to a case based on what you’ve read in the syllabus and headnotes; you must read the case and cite to the language written by the court.

What are citing references in Westlaw?

These are called citing references. This will generally include not only all cases and statutes that have cited your document, but also every legal secondary source, court documents, and regulations. Westlaw, Lexis Advance, and Bloomberg Law each have their own citator.

What does the stop sign mean in Lexisnexis?

Red 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 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 negative treatment?

Hover your mouse over the symbol for a description. 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).

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 know if a case is still good law?

The only way you can know if your case is still good law is to validate your research. “Validating” your case research means to run your case through a citator service to see if there are subsequent legal authorities that invalidate your case and then reading those cases that negatively impact your case.

Why would you use KeyCite history?

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 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 is Shepardizing a case mean?

In order to find out if a case can be used as authority, check to see whether the case has been followed, distinguished, limited or questioned in subsequent court cases. This is done by “Shepardizing” – using Shepard’s Citations to see how and when another court has cited the first decision.

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 get cases in Westlaw?

Westlaw: After finding an on point case, read the headnotes and find the one most relevant to your issue. Click on a topic or key number link to see a list of all cases that fall under the same topic and key number. You can refine your search by choosing a different jurisdiction at the top of the page.

What does cite checking mean?

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.