Quick Answer: What Does A Red Flag On Westlaw Mean?

What does it mean when a case is superseded by statute?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

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 red flag on KeyCite or a red stop sign on Shepard’s mean?

KeyCite & Shepards Symbols The red Shepard’s Signal™ indicator indicates that citing references in the Shepard’s® Citations Service contain strong negative history or treatment of your case (for example, overruled by or reversed).

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 does KeyCite red flag mean?

KeyCite® is the citator in Westlaw. … 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 A red flag indicates that the statute has been amended, repealed, superseded, or held unconstitutional in whole or in part.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 case law and why is it important?

Case law is equally important in interpretting the law. Case law are laws made by judges through their decisions in court cases. The court system is hierarchical, therefore judges in lower courts must follow decisions of higher courts. This is known as the doctrine of precedent.

What does it mean if a case is abrogated?

In contract and insurance law, it is to rescind or terminate a contract. In constitutional law, the abrogation doctrine refers to the power of Congress to revoke a state’s sovereign immunity and authorize suits against that state. government.

What is Westlaw signal?

KeyCite is the powerful, editorially reviewed citation service exclusively on Westlaw®. … citing references, negative treatment, and other information related to your selected document.

What does Lexisnexis signal mean?

The citation signal appearing next to a case name indicates whether the decision has received positive, negative, cautionary or neutral treatment in subsequent judgments. The signal is a summary of the annotation information available from the list of appeal proceedings and cases referring to this case.

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 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 I use KeyCite on Westlaw?

KeyCite on WestlawWestlaw presents KeyCite in a way very similar to BCite on Bloomberg Law and Shepard’s on Lexis Advance. … By clicking the Negative Treatment tab, one can get negative treatment and negative history information. … By clicking the Citing References tab you can retrieve all the treatment information.More items…•

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.

What is the difference between a digest and a reporter?

This digest feature provides citations to cases that have definded legal legal terms and phrases. Organized like a dictionary — look up the term alphabetically; you will find cases that DEFINE THOSE WORDS. Reporters contain the full text of published court opinions.

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 are citing references in Westlaw?

Westlaw: KeyCite From your case, click the Citing References tab at the top. This lists all legal materials that cite your case (called citing references). The default View in Westlaw is All Results (cases, statutes, secondary sources, etc.). Change the View on the left by clicking on Cases.