Why Is Shepardizing Important?

Why would you Shepardize a case?

Shepardizing a case helps determine the precedential value of a legal authority.

Shepardizing a case helps determine the precedential value of a legal authority.

Most commonly associated with case law, Shepard’s citators are also published for the constitution and statutory law..

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 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).

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 does KeyCite mean?

When reviewing a case in Westlaw Edge, you should look for a KeyCite flag at the top of the document. Not every case will have one, but if it does, it means the case has some negative treatment — such as being overruled, superseded, or not followed by another court for some reason.

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).

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 does a red stop sign mean in Lexisnexis?

Red 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 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 KeyCite a case?

To use KeyCite:Find 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…•

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 Shepardizing 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.

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 it mean to Shepardize in Lexis Nexis?

only on the LexisNexis® services. Why Shepardize®? 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 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.