Quick Answer: What Does Shepardize Mean?

Why is it important to Shepardize a case?

Shepardizing cases (as well as statutes and other legal authorities) is important because a citation must be reliable.

Lawyers and judges rely on previously decided cases to support their arguments or opinions.

If the case cited is no longer good law, reliance on the case is faulty..

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 good law and bad law?

If a proposition of law from a case is a valid, citable legal proposition in your jurisdiction, it is “good law.” Logically enough, if a proposition from a case is no longer a valid legal proposition, it is “bad law.” How can good law that a smart judge put into an opinion become bad law?

Why would you use KeyCite history?

Use KeyCite® on Thomson Reuters Westlaw Edge™ to instantly verify whether a case, statute, regulation, or administrative decision is still good law, or whether a patent or trademark is still valid. KeyCite can also be leveraged to find citing references to support your legal argument.

What is KeyCite in Westlaw?

KeyCite on Thomson Reuters Westlaw. Page 1. 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 distinguished by mean?

In law, to distinguish a case means a court decides the legal reasoning of a precedent case will not wholly apply due to materially different facts between the two cases.

What does Shepardize 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.

How do you use Shepard’s Citations?

Follow these steps:Step 1 -Select the Shepard’s citator that corresponds to the reporter for your case.Step 3 – Understand the abbreviations for all the treatment and history codes.Step 4 – Find your citation.Step 5 – Interpret the results.

What is considered 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.

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 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).

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.

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 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.”

When Shepardizing a red stop sign indicates?

An important thing to remember about the red “Stop Sign” signal you sometimes see when Shepardizing® a case on LEXIS is that it does not necessarily mean that the case is no longer good law.

What is the 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).

Are headnotes citable?

LexisNexis Headnotes are direct quotes from the case and are citable authority. Other headnotes are not the court’s language and are not citable authority.

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 Shepardize a document?

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 a blue flag mean on Westlaw?

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).

What does it mean to cite check?

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.

What is Shepard’s law?

Shepard’s Citations is a citator used in United States legal research that provides a list of all the authorities citing a particular case, statute, or other legal authority.

What is LexisNexis used for?

LexisNexis is a corporation providing computer-assisted legal research (CALR) as well as business research and risk management services. During the 1970s, LexisNexis pioneered the electronic accessibility of legal and journalistic documents.