Quick Answer: Why Would You Use KeyCite History?

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 is a headnote in a case?

Headnote (or rubric) – this a summary of the case outlining the material facts, legal issues and decision.

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.

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 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 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.

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.

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 kind of information can be found in a Citator?

Citators can be used to determine the history of a judicial decision and how that decision has been criticized, approved, or otherwise commented upon in other court decisions. This type of information is also available for revenue rulings, revenue procedures, and certain other administrative pronouncements.

What does KeyCite mean?

patent valid and not infringedKEYCITE STATUS FLAGS A yellow flag indicates a court has held the patent was not infringed but did not rule on its validity, held all or part of the patent valid and not infringed, or recognized the patent was held not infringed in another case.

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 is it important to Shepardize a case?

Shepardizing is important because it helps you check the status of a case or statute to ensure that it is still good law. It also helps to locate other cases, statutes, and legal resources that cite your case on a similar legal issue.

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 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 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.

How do you KeyCite a case?

To use KeyCite:Find a case; go to the full text of case.Top of screen should have a brief note that states if the case is overruled, superseded, etc.KeyCite information is under the tabs Negative Treatment, History, and Citing References.Click tab for Negative Treatment to see if still good law.More items…•

What does it mean to Shepardize a case?

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. …