Quick Answer: What Does KeyCite Red Flag Mean?

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..

What does negative judicial consideration mean?

– Negative Judicial Treatment Indicates that at least one point of law has been overruled or reversed. … – Positive or Neutral Judicial Treatment Indicates that a case has been judicially considered and received positive or neutral treatment as part of its direct or indirect history.

How do you KeyCite a case?

If you wish to view the negative history associated with a case, you can click on the KeyCite flag/icon or the “Negative History” tab. The Negative Treatment tab provides the negative history for a case, which includes all negative direct history and negative citing references.

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 A red flag indicates that the statute has been amended, repealed, superseded, or held unconstitutional in whole or in part.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

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 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).

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).

Can you Shepardize a statute?

Select the right citator. Match the jurisdiction of your statute. For example, to Shepardize a state statute, use a state citator, because only state citators include state statutes as cited references. In this example, use Shepard’s Federal Statutes Citations, 1998-1999 Bound Supplement. 2.

What is a bad law?

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

How do you Shepardize a case?

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 it mean to Shepardize a case?

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.

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.

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.”