Quick Answer: Why Is It Important To Shepardize A Case?

Why would you Shepardize a case?

One significant purpose of Shepardizing is to verify that a case is still “good law.” The overall action of Shepardizing is to use a citator to see the other cases that have cited a case and their treatment of that case..

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 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 it mean to Shepardize in Lexis Nexis?

The most common use for the Shepard’s® Citations Service is determining if a case is “Good Law”, valid and citable. This process is referred to as Shepardizing™. Law students, faculty and legal professionals use Shepard’s for much more than validation checks.

What is negative treatment?

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). Cautionary Treatment. The case has been distinguished 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.

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 Shepardize a case for free?

How To Find Free Case Law OnlineGoogle Scholar.CourtListener.Caselaw Access Project.FindLaw.Justia.The Public Library of Law.

Can you Shepardize a statute?

For example, to Shepardize a state statute, use a state citator, because only state citators include state statutes as cited references.

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 makes a case good law?

If a negatively citing same-level court just disagrees with your case’s legal analysis or interpretation, your case can still be good law in its own jurisdiction. If there is no higher court ruling on the legal proposition, then your law remains good law, even if it is not followed outside your court’s jurisdiction.

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 you Shepardize a case on Lexisnexis?

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 it mean to KeyCite a case?

flags statutes that are not good lawKeyCite® is the citator in Westlaw. KeyCite, quite literally, flags statutes that are not good law. 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 yellow flag indicates other negative treatment.

How do you KeyCite in Westlaw?

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.