Quick Answer: What Does Depth Mean On Westlaw?

What does distinguished by mean in 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..

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.

What makes for a bad law?

The most common ways for your proposition to become bad law is for a higher court to reverse or overrule your cited case on grounds that affect your proposition. … If so, your proposition is likely bad law. Look to see if your case has been overruled by a higher court in another case.

Is disobedience good or bad?

Civil Disobedience is effective because it creates a lose-lose situation for whatever Power the Disobedience is directed towards. If the Disobedience is ignored, then the Power is admitting defeat and allowing for further disobedience.

What is the most important source of law?

Of the three sources of law, constitutional law is considered the highest and should not be supplanted by either of the other two sources of law. Pursuant to principles of federal supremacy, the federal or US Constitution is the most preeminent source of law, and state constitutions cannot supersede it.

What does Shepardize a case 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. …

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.”

How do you write a case citation?

CasesCase name – Cite only the first plaintiff and defendant. … Case name – Cite only the first plaintiff and defendant. … Year – Square brackets are used as the year is an essential component of the citation.Judgment number – This will be the judgment number allocated by the court for the relevant year.

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 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.

What does it mean if a case is abrogated?

To formally annul or repeal a law through an act of the legislature, constitutional authority, or custom. … 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.

Is Trafalgar law a good guy?

In the world of D&D I believe you would call Trafalgar Law “Chaotic Good.” Seems a pretty fitting term for him on a number of levels. “A chaotic good character acts as his conscience directs him with little regard for what others expect of him. He makes his own way, but he’s kind and benevolent.

Does Westlaw cite for you?

The WestlawNEXT database offers a citation tool you can use to easily generate a formatted citation for a legal case. Simply locate your case, highlight the text you plan to cite, and click on the “Copy with Reference” link. The short video provided below will show you how to do it.

How do you cite a class case?

How to Cite Supreme Court CasesName of the case (underlined or italicized);Volume of the United States Reports;Reporter abbreviation (“U.S.”);First page where the case can be found in the reporter;Year the case was decided (within parentheses).

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 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.